Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta Monday, January 14, 2013 and adjourned Thursday, March 28, 2013

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 14, 2013 and adjourned Thursday, March 28, 2013
2013 Atlanta, Ga.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2013
DAVID RALSTON............................................................................................. Speaker 7th DISTRICT, FANNIN COUNTY
JAN JONES.......................................................................................... Speaker Pro Tem 47th DISTRICT, FULTON COUNTY
ROBERT E. RIVERS, JR. ..................................................................................... Clerk HARALSON COUNTY
KRISTY LINDSTROM .................................................................................. Messenger FANNIN COUNTY
PHIL TUCKER ............................................................................................. Doorkeeper DOUGLAS COUNTY
STAFF OF CLERK'S OFFICE
CHRISTEL RAASCH..............................................................................Assistant Clerk GWINNETT COUNTY
SCOTTY LONG ........................................................................................ Journal Clerk HARALSON COUNTY
MARY ANNA MEEKS..................... Calendar Clerk and Assistant Clerk for Indexing FULTON COUNTY
CALVIN ROBINSON ......................................................... Assistant Clerk for Printing DEKALB COUNTY
JESSICA COKER .......................................................................Assistant Journal Clerk DEKALB COUNTY
MICHAEL BOZEMAN.....................................................Assistant Clerk for Enrolling COBB COUNTY
MORGAN WALSH ........................................ Assistant Clerk for Information Systems FULTON COUNTY
CARRIE HUTCHERSON ........................ Assistant Clerk for Roll Call Operations and Administrative Services
FULTON COUNTY

MONDAY, JANUARY 14, 2013

1

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia
Monday, January 14, 2013
First Legislative Day
The Representatives-elect of the General Assembly of Georgia for the years 20132014 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.
Prayer was offered by Reverend Carl D. Johnson, President, Not I But Christ Ministries, Tucker, Georgia.
The members pledged allegiance to the flag.
The following communications were received:
House of Representatives 402 Coverdell Legislative Office Building
Atlanta, Georgia 30334
April 25, 2012
The Honorable Nathan Deal The Office of the Governor State of Georgia 206 Washington Street, Suite 203 State Capitol Atlanta, GA 30334
Re: Georgia House District 167
Dear Governor Deal:
Please accept this as my resignation as State Representative for House District 167 effective May 10th, 2012. It has been an honor for me to represent House District 167 in the General Assembly and I look forward to serving the citizens in the Brunswick Judicial Circuit as their new Superior Court Judge.

2

JOURNAL OF THE HOUSE

I look forward to seeing you on May 10th and to assuming my duties as a Superior Court Judge.
With best regards, I am
Respectfully yours,
/s/ Roger B. Lane
RBL/jj
State of Georgia Office of the Governor Atlanta 30334-0900
April 30, 2012
The Honorable Roger Lane Representative, District 167 Georgia House of Representatives P.O. Box 899-D Darien, Georgia 31305
Dear Representative Lane:
Thank you for the service you have rendered as the Representative of District 167 in the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective May 10, 2012.
Your resignation is hereby accepted. I look forward to your service as Superior Court Judge of the Brunswick Judicial Circuit, and I wish you the best for all your future endeavors.
Sincerely,
/s/ Nathan Deal
ND:rg
cc: The Honorable Brian Kemp, Secretary of State The Honorable David Ralston, Speaker of the Georgia House of Representatives Mr. Robbie Rivers, Clerk of the Georgia House of Representatives

MONDAY, JANUARY 14, 2013

3

State of Georgia Office of the Governor Atlanta 30334-0900

May 3, 2012

The Honorable Casey Cagle President of the Senate 240 State Capitol Atlanta, Georgia 30334

The Honorable Tommie Williams President Pro Tempore 321 State Capitol Atlanta, Georgia 30334

Dear Lieutenant Governor Cagle and Senator Williams:

I have vetoed Senate Bills 38 and 470 which passed the General Assembly during the 2012 Regular Session.

Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.
Sincerely,

/s/ Nathan Deal

ND:rg
Attachment
cc: The Honorable David Ralston, Speaker of the House of Representatives The Honorable Brian Kemp, Secretary of State The Honorable Sam Olens, Attorney General Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives Mr. Robert F. Ewing, Secretary of the Senate Mr. Wayne R. Allen, Legislative Counsel
State of Georgia Office of the Governor Atlanta 30334-0900

The Honorable David Ralston Speaker of the Georgia House
of Representatives

May 7, 2012

4

JOURNAL OF THE HOUSE

332 State Capitol Atlanta, Georgia 30334
Dear Speaker Ralston:
I have vetoed House Bills 181, 456, 911, 975, 1051 and 1117 which passed the General Assembly during the 2012 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.
Sincerely,
/s/ Nathan Deal
ND:rg
Attachment
cc: The Honorable Casey Cagle, Lieutenant Governor The Honorable Brian Kemp, Secretary of State The Honorable Sam Olens, Attorney General Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives Mr. Robert F. Ewing, Secretary of the Senate Mr. Wayne R. Allen, Legislative Counsel
Veto Number 1
SB 38 - Authority of the State School Superintendent
Georgia's K-12 education system has a unique governing structure with a statewideelected state school superintendent and a governor-appointed state Board of Education composed of representatives from each congressional district. Current law provides a number of checks and balances between the superintendent and the board. Those checks and balances were put in place during a time in our state history when the superintendent was making detrimental decisions for students. Prior to these changes, the state board was powerless to intervene. While HB 706, which also passed this session, restores many of these powers to the state school superintendent, to this day, unlike a typical CEO and board relationship, the state Board of Education does not have the power to remove the superintendent in the event of malfeasance or mismanagement. In light of this, I believe it is important to keep some of the current checks and balances. Therefore, I VETO SB 38.

MONDAY, JANUARY 14, 2013

5

Veto Number 2
SB 470 - Georgia Patient Self Referral
Senate Bill 470 attempts to address concerns around Georgia's Patient Self-Referral law, which prohibits health care providers from referring patients for the provision of designated health services to an entity in which the health care provider has an investment interest. The Georgia Patient Self Referral Act of 1993, as well as the Stark Law on the federal level, provides exemptions for rural areas because of the lack of access to adequate healthcare. On close review, this legislation would expand the definition of "rural area" to include "a county in which a military junior college is located, and area which is not an urban area." This expansion would only apply to one county, Baldwin. The Georgia Patient Self Referral Act of 1993 was passed in response to the potential for abuse that is present when physicians are able to self-refer patients. I am vetoing this legislation because I believe SB 470 provides an unfair advantage to one county over other similarly populated counties around the state. I also find that this legislation would open the door for more counties to seek out the "rural" exemption in years to come. Accordingly, I VETO SB 470.
Veto Number 3
HB 181 - Changes to the Special Needs Scholarship
Georgia's existing Special Needs Scholarship helps all students, regardless of their physical or mental circumstances, achieve academic success. I support the main effort of this bill, which sought to better inform parents and codify the enrollment and payment dates for the scholarship, and much of this may still be accomplished via a state Board of Education rule change. However, an amendment that was added to HB 181 would have significantly reduced the scholarship award special needs students receive. This drastic cut would likely reduce the number of students who would be able to take advantage of this scholarship, as the award amount would no longer offset the cost of tuition at a school that would better serve these students' needs. Therefore, I VETO HB 181.
Veto Number 4
HB 456 Legislative Sunset Review Committee
This bill establishes a new Legislative Sunset Advisory Committee of 14 members that is authorized to review and evaluate every state entity of the executive branch with the purpose of determining which state agencies and entities should be abolished. Implementing HB 456 is estimated to cost between $3 and $7 million. Growing state government with a new committee and statutory authority to review state agencies and

6

JOURNAL OF THE HOUSE

the related expenses is not an effective use of state resources. Currently, the General Assembly reviews and evaluates state agencies using the staff in Senate Budget and Evaluation Office, the House Budget and Research Office, and the Senate and House Appropriations committees. Additionally the Department of Audits Performance Audits Division conducts evaluations of state-funded programs and activities to improve state operations. The programs and agencies investigated by the Performance Audit Division are based on the recommendations of legislators and legislative committees. Final performance audits reports and special examinations are published on the Department of Audits website. I have signed SB 33, a bill requiring that all state programs and agencies be reviewed over the next eight to 10 years using Zero Based Budgeting. The ZBB review process is the most cost-effective and efficient way to accomplish the goal of reviewing agency expenditures, evaluating performance and ensuring that we are focused on delivering essential services. Through the budget and legislative process this session alone we have eliminated councils, committees (SB 407) and one state agency (HB 642). The first year of ZBB reviews resulted in elimination of the State Personnel Administration, agency consolidations and realignments, over $9 million in savings, required no additional staff, was a collaborative process with agencies and the House and Senate budget offices and utilized the existing legislative process and House and Senate Appropriations Committees to make the final determinations on the ZBB recommendations. The FY 2013 ZBB Report is available at www.opb.georgia.gov. The intent and desired outcomes of HB 456 are and will be achieved through SB 33 and ZBB review. No additional overhead is needed because legislative authority, committees, and staff to review state agencies and operations are already established in law and the General Assembly did not include funding to implement this legislation, therefore I VETO HB 456.
Veto Number 5
HB 911 Putnam County; change compensation for certain officials
House Bill 911 contains specific language providing additional compensation for the sheriff of Putnam County and various officials of the Putnam County State Court. I am vetoing this legislation because of the lack of justification provided for such increases in compensation for these officials. Accordingly, I VETO HB 911.
Veto Number 6
HB 1051 - Public transit authorities
House Bill 1051 was the companion to House Bill 1052, which failed to pass. HB 1051 would have become effective only if HB 1052 were enacted. Since the mechanism to make HB 1051 effective does not exist, and at the request of the author, I VETO HB 1051.

MONDAY, JANUARY 14, 2013

7

Veto Number 7

HB 1117 Bond Debt Elections and Hospital Authority Deposits

The original language of HB 1117 would maintain Fulton County as the only county in the state that is required to hold bond debt elections only on the date of the November general election. An amendment was added to HB 1117 that included an exemption of hospital authorities from OCGA 45-8-12 that requires that any bank or depository holding public funds guarantee the funds with a surety bond, FDIC insurance, or some other form of guarantee or collateral. This exemption would expose public funds to additional investment risk. Hospital Authorities are allowed to participate in the state investment pools which provide the possibility for a higher return on investment but maintain appropriate safeguards against losses. I recommend the author bring back the original legislation for consideration during the next session. This bill puts public funds at additional financial risk, therefore, I VETO HB 1117.

Veto Number 8

HB 975 Habersham County; relating to homestead exemption for school district ad valorem taxes

Both the sponsor of this legislation and the Habersham County Commission requested that I veto this legislation. Accordingly, I VETO HB 975.

State of Georgia Office of the Governor Atlanta 30334-0900

May 7, 2012

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

The Honorable David Ralston Speaker of the Georgia House
of Representatives 332 State Capitol Atlanta, Georgia 30334

Dear Gentlemen:

Please be advised that I have line-item vetoed the appropriations below and identified language to disregard for the following sections in House Bill 742:

8

JOURNAL OF THE HOUSE

Vetoes: Section 51, pertaining to the State of Georgia General Obligation Debt Sinking
Fund, page 167, line 5169; and Section 51, pertaining to the State of Georgia General Obligation Debt Sinking
Fund, page 173, line 5225
Non-Binding Information Language to Disregard: Section 17, pertaining to the Department of Community Health, page 38,
line 1175; Section 17, pertaining to the Department of Community Health, page 39,
line 1219; Section 17, pertaining to the Department of Community Health, page 41,
line 1276; Section 27, pertaining to the Department of Human Services, page 84, line
2627; Section 33, pertaining to the Department of Natural Resources, page 104,
line 3262; Section 40, pertaining to the University System of Georgia Board of
Regents, page 126, line 3969; Section 40, pertaining to the University System of Georgia Board of
Regents, page 130, line 4075; and Section 48, pertaining to the Department of Transportation, page 154, line
4856 The veto messages are attached for each item referenced above.
Sincerely,
/s/ Nathan Deal
ND:rg
Attachment
cc: The Honorable Brian Kemp, Secretary of State The Honorable Sam Olens, Attorney General The Honorable Jack Hill, Chairman, Senate Appropriations Committee The Honorable Terry England, Chairman, House Appropriations Committee Mr. Robert F. Ewing, Secretary of the Senate Mr. Robert E. Rivers, Jr., Clerk of the Georgia House of Representatives Mr. Wayne R. Alan, Legislative Counsel

MONDAY, JANUARY 14, 2013

9

HB 742FY 2013 Appropriations Bill
Intent Language Considered Non-Binding
Section 17, pertaining to the Department of Community Health, page 38, Line 1175:
The General Assembly seeks to appropriate $50,000 for the Southeastern Firefighters' Burn Foundation, Inc. in the Health Care Access and Improvement program. The purpose of the Health Care Access and Improvement program is to improve health care access and outcomes in rural and underserved areas of Georgia. Some aspects of this initiative are outside the scope of the purpose of the Health Care Access and Improvement program. Therefore, the Department is authorized to operate the program in accordance with the purpose of the program and the general law powers of the Department.
Section 17, pertaining to the Department of Community Health, page 39, line 1219:
The General Assembly seeks to instruct the Department to implement a wastage policy to reimburse for cancer treatment single-dose vials administered in a physician's office. The funds provided are insufficient to implement this policy as of the effective date stated. Additionally, limiting the application of the reimbursement policy to cancer drugs may not be operationally feasible. Therefore, the Department is authorized to utilize the funds in accordance with the purpose of the program and the general law powers of the Department.
Section 17, pertaining to the Department of Community Health, page 41, line 1276:
The General Assembly seeks to instruct the Department to restore the bariatric surgery benefit in the State Health Benefit Plan, effective January 1, 2013. This language limits the Department's ability to effectively manage the State Health Benefit Plan and control expenses. Therefore, the Department is authorized to determine benefits covered under the State Health Benefit Plan pursuant to the direction of the Board of Community Health and in accordance with the purpose of the program and the general law powers of the Department.
Section 27, pertaining to the Department of Human Services, page 84, line 2627:
The General Assembly seeks to appropriate $50,000 for KidsPeace in the Out-of-Home Care program. This appropriation circumvents the Department's process for reimbursing vendors and creates a variance between vendors providing similar services. Therefore, the Department is authorized to utilize the funds in accordance with the purpose of the program and the general law powers of the Department.

10

JOURNAL OF THE HOUSE

Section 33, pertaining to the Department of Natural Resources, page 104, line 3262:
The General Assembly seeks to appropriate $150,000 for the Georgia Water Policy Center in southwest Georgia in the Environmental Protection program. Funding for water initiatives should be prioritized in consideration of statewide water needs rather than regionally focused. Therefore, the Department is authorized to utilize these funds for its highest priority needs and in accordance with the purpose of the program and the general law powers of the Department.
Section 40, pertaining to the University System of Georgia Board of Regents page 126, line 3969:
The General Assembly seeks to appropriate $50,000 for industrial storm water solutions for Georgia's poultry industry in the Georgia Tech Research Institute program. The Georgia Tech Research Institute has sufficient funding to undertake this research without an additional appropriation. Therefore, the Department is authorized to undertake this research using agency generated funding in lieu of state appropriations.
Section 40, pertaining to the University System of Georgia Board of Regents page 130, line 4075:
The General Assembly seeks to appropriate $25,000 for the Southern Legislative Conference's (SLC) Center for Advancement of Leadership Skills (CALS) program at Georgia State University in the Teaching program. The purpose of the Teaching program is to provide for direct student instruction or other initiatives supporting student learning. This initiative is outside the scope of the purpose of the Teaching program. Therefore, the Department is authorized to participate in the Southern Legislative Conference's Center for Advancement of Leadership Skills program using agency generated funding in lieu of state appropriations.
Section 48, pertaining to the Department of Transportation, page 154, line 4856:
The General Assembly seeks to appropriate $500,000 for airport aid grant funds for Airport Aid projects including Blairsville, Hampton, North Georgia Regional Airports, Americus, Bainbridge, Griffin, Rome, and Valdosta. Grant funding for airport projects should be awarded on a competitive basis that maximizes all available funds and is in accordance with statewide priorities for air transportation. Therefore, the Department is authorized to utilize the funds in accordance with the purpose of the program and the general law powers of the Department.

MONDAY, JANUARY 14, 2013

11

Line-Item Vetoes by the Governor
Section 51, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 167, line 5169:
This language authorizes the appropriation of $256,800 in debt service to finance projects and facilities for the Board of Regents of the University System of Georgia, specifically for the renovation of the Rural Development Center at the University of Georgia Tifton campus, through the issuance of $3,000,000 in 20-year bonds. This project was not requested by the Board of Regents and was not identified as a priority in the Board of Regents capital plan. This project would create additional space in order to expand programming and enrollment at the Tifton campus. Projects impacting future enrollment in the University System should be vetted by the Board of Regents to ensure a strategic approach to enrollment growth at higher education institutions in Georgia. Therefore, I veto this language (page 167, line 5169) in the provisions relative to Section 51 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $256,800.
Section 51, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 173, line 5225:
This language authorizes the appropriation of $133,476 in debt service to finance projects and facilities for the Department of Transportation, specifically for upgrades and maintenance at the Riceboro Southern Railway bridges and railroad grade crossing signal crossbucks on the Georgia Southwestern Railroad and Chattooga and Chickamauga Railway, through the issuance of $1,470,000 in 20-year bonds. The Department has sufficient funding within existing authorized general obligation debt to provide for additional rail improvement projects. Funding for these rail projects should be considered in conjunction with other state rail needs, and projects should be selected by the Department based on the state's highest priority needs. Therefore, I veto this language (page 173, line 5225) in the provisions relative to Section 51 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $133,476.
House of Representatives Coverdell Legislative Office Building
Room 504 Atlanta, Georgia 30334
May 15, 2012
The Honorable Nathan Deal Governor, State of Georgia State Capitol Atlanta, Georgia 30334

12

JOURNAL OF THE HOUSE

Dear Governor Deal:
I herewith submit my resignation, effective today from my position as the State Representative from House District 28. It has been a distinct honor to have been elected to this position by the citizens of the 28th House District and to have served them and the citizens of Georgia over the last four years.
Respectfully
/s/ Michael Harden State Representative House District 28
State of Georgia Office of the Governor Atlanta 30334-0900
May 16, 2012
The Honorable Michael Harden Representative, District 28 Georgia House of Representatives P.O. Box 1189 Toccoa, Georgia 30577
Dear Representative Harden:
Thank you for the service you have rendered as the Representative of District 28 in the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective May 15, 2012.
Your resignation is hereby accepted, and I wish you all the best in your future endeavors. Once again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rg
cc: The Honorable Brian Kemp, Secretary of State The Honorable David Ralston, Speaker of the Georgia House of Representatives Mr. Robbie Rivers, Clerk of the Georgia House of Representatives

MONDAY, JANUARY 14, 2013

13

Bill Hembree State Representative
District 67 4159 Pool Road Winston, Georgia 30187
September 4, 2012 1:00 p.m.
The Honorable Nathan Deal Governor, State of Georgia State Capitol Atlanta, Georgia
Dear Governor Deal,
It is with heavy heart that I submit to you my resignation from The Georgia House of Representatives. I have been honored to serve the people of my district and the State of Georgia for 18 years. My time in the legislature has been one of the most rewarding events of my life. My goal was always to serve the people to the best of my ability and to make our community and state a better place.
Today I am moving forward to embark on a new challenge and I know my past experience as a State Representative will be extremely valuable in my endeavor.
I do hereby resign effective today, Tuesday, September 4, 2012 at 1:00 p.m.
Respectfully submitted,
/s/ Bill Hembree State Representative District 67
State of Georgia Office of the Governor Atlanta 30334-0900
September 4, 2012
The Honorable Bill Hembree Representative, District 67 4159 Pool Road Winston, Georgia 30187

14

JOURNAL OF THE HOUSE

Dear Representative Hembree:
Thank you for the service you have rendered as the District 67 Representative in Georgia House of Representatives. I appreciate you apprising me of your resignation, effective September 4, 2012, at 1:00 p.m.
Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your dedicated service to the citizens of District 67 and the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rg
cc: The Honorable David Ralston, Speaker, Georgia House of Representatives Mr. Robbie Rivers, Clerk, Georgia House of Representatives
The General Assembly Atlanta, Georgia 30334
December 5, 2012
Honorable Nathan Deal Governor of Georgia 201 State Capitol Atlanta, Georgia 30334
Governor Deal,
It has been an incredible opportunity to serve the State we love. However, life has its seasons and now is the time for me to move to a new challenge.
Effective today I resign my seat in the State House.
I want to thank the voters of the 21st House District for allowing me to represent them at the State Capitol. I also want to personally thank you for the times we have spent together and your dedication to Georgia.
Please know I remain committed to our state and willing to serve our joint interests.

MONDAY, JANUARY 14, 2013

15

Sincerely,

/s/ Sean Jerguson

CC: David Ralston, Speaker of the House Robert Rivers, Clerk of the House Brian Kemp, Secretary of State

State of Georgia Office of the Governor Atlanta 30334-0900

December 5, 2012

The Honorable Sean Jerguson Representative, District 21 Georgia House of Representatives 502 Coverdell Legislative Office Building Atlanta, Georgia 30334

Dear Representative Jerguson:

Thank you for the service you have rendered as a member of the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective immediately.

Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your dedicated service to the State of Georgia.

Sincerely,

/s/ Nathan Deal

ND:rg

cc: The Honorable David Ralston, Speaker, Georgia House of Representatives The Honorable Brian Kemp, Secretary of State Mr. Robert Rivers, Clerk, Georgia House of Representatives

Honorable Nathan Deal Governor, State of Georgia 111 State Capitol Atlanta GA 30334

Honorable Brian Kemp Secretary of State 214 State Capitol Atlanta GA 30334

16

JOURNAL OF THE HOUSE

Honorable David Ralston Speaker of the Georgia House 332 State Capitol Atlanta GA 30334

December 14, 2012

Effective this date, acknowledging O.C.G.A. 21-2-544(4) and O.C.G.A. 21-2504(a), I am withdrawing from the seat as District 71 Elect State House Representative. This decision is made after careful thought and prayer. Recently, Coweta County Magistrate Court Judge Joseph Wyant was appointed to serve as Juvenile Court Judge for Coweta County and that opened an opportunity for me to be appointed to a four tear term full-time to replace him. Today I received confirmation by filed Order of Chief Magistrate James C. Stripling and the six sitting Superior Court Judges of the Coweta Judicial Circuit appointing me to a term beginning January 1, 2013 through December 31, 2016. This opportunity is in the best interest of my family and I hope each of you and the citizens can understand that I need to do what is best for my family in taking this opportunity.

I have had enough of a glimpse of being a House member to know that I will miss out on a great opportunity to serve with many dedicated public servants in such an esteemed setting as the State Capitol. I am honored to have had the opportunity to cast votes on the House floor at our recent caucus to elect Speaker Ralston, Speaker Pro Tem Jones and other leaders in the majority caucus. While I give up the opportunity to make new friends and serve with such a distinguished group, I get the opportunity to work with Chief Magistrate Court Judge James C. Stripling and his dedicated staff as they (and I) will serve the citizens of Coweta County in a court that is as close to the everyday citizen as it gets.

I am most appreciative of the support and votes given me during my campaign. A candidate starts out with one vote and when they win, they do so because of the support of others. In my case, the Friends of Robert Stokely came out and won the race for me. I shall never forget the Honor and Privilege that came with such support.

Sincerely,

/s/ Robert Stokely

100 Fountainhead Way Sharpsburg GA 30277

Sworn to and subscribed Before me this 14th day of December, 2012.

MONDAY, JANUARY 14, 2013

17

/s/ Beth Robertson Notary Public
State of Georgia Office of the Governor Atlanta 30334-0900
December 18, 2012
The Honorable Robert Stokely Representative-elect, District 71 100 Fountainhead Way Sharpsburg, Georgia 30277
Dear Representative-elect Stokely:
Thank you for your letter dated December 14, 2012, in which you announced your withdrawal as Representative-elect of District 71 of the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective immediately.
Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your dedicated service to the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rb
cc: The Honorable David Ralston, Speaker, Georgia House of Representatives The Honorable Brian Kemp, Secretary of State Mr. Robert Rivers, Clerk, Georgia House of Representatives
The following communication from the Honorable Brian P. Kemp, Secretary of State, certifying the Representatives-elect for the years 2013-2014, was received and read:
The State of Georgia Office of Secretary of State
I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached six (6) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia elected at the 2012 General Election held on November 6, 2012; all as the same appear of file and record in this office.

18
(SEAL)
Seat District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13 District 14 District 15 District 16 District 17 District 18 District 19 District 20 District 21 District 22 District 23 District 24 District 25 District 26 District 27 District 28 District 29 District 30

JOURNAL OF THE HOUSE

Elected Official John Deffenbaugh Jay Neal Tom Weldon Bruce Broadrick John Meadows Tom Dickson David Ralston Stephen Allison Kevin K. Tanner Terry Rogers Rick Jasperse Eddie Lumsden Katie M. Dempsey C. Coomer Paul R. Battles Trey Kelley Howard Maxwell Kevin Cooke P. Braddock Michael Caldwell Sean Jerguson Calvin Hill Mandi Ballinger Mark Hamilton Mike Dudgeon Geoff L. Duncan Lee Hawkins Dan Gasaway Carl Rogers Emory Dunahoo

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of January, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh.
/s/ Brian P. Kemp Secretary of State

MONDAY, JANUARY 14, 2013

19

District 31 District 32 District 33 District 34 District 35 District 36 District 37 District 38 District 39 District 40 District 41 District 42 District 43 District 44 District 45 District 46 District 47 District 48 District 49 District 50 District 51 District 52 District 53 District 54 District 55 District 56 District 57 District 58 District 59 District 60 District 61 District 62 District 63 District 64 District 65 District 66 District 67 District 68 District 69 District 70 District 71 District 72 District 73

Tommy Benton Alan Powell Tom McCall Charles Gregory Ed Setzler Earl Ehrhart Sam Teasley David Wilkerson Alisha T. Morgan Rich Golick Michael Smith Stacey Evans Sharon Cooper Don L. Parsons Matt Dollar John Carson Jan Jones Harry Geisinger C. Martin Jr. Lynne Riley Wendell Willard Joe Wilkinson Sheila Jones Edward Lindsey Tyrone Brooks "Able" M. Thomas Pat Gardner Simone Bell Margaret Kaiser Keisha Waites Roger Bruce LaDawn Jones Ronnie Mabra Virgil Fludd S. Beasley-Teague K. Alexander Micah Gravley D. Hightower Randy Nix Lynn R. Smith Robert Stokely Matt Ramsey John Yates

20
District 74 District 75 District 76 District 77 District 78 District 79 District 80 District 81 District 82 District 83 District 84 District 85 District 86 District 87 District 88 District 89 District 90 District 91 District 92 District 93 District 94 District 95 District 96 District 97 District 98 District 99 District 100 District 101 District 102 District 103 District 104 District 105 District 106 District 107 District 108 District 109 District 110 District 111 District 112 District 113 District 114 District 115 District 116

JOURNAL OF THE HOUSE
Valencia Stovall Mike Glanton Sandra Scott Darryl Jordan Demetrius Douglas Tom Taylor Mike Jacobs Scott Holcomb Mary M. Oliver Howard Mosby Rahn Mayo Karla Drenner Michele Henson Earnest Williams Billy Mitchell Stacey Abrams Pam Stephenson D. Daw-Haigler Tonya Anderson Dar'Kendrick Karen Bennett Tom Rice Pedro Marin Brooks Coleman Josh Clark Hugh Floyd Brian Thomas Valerie Clark Buzz Brockway Timothy Barr Donna Sheldon Joyce Chandler Brett Harrell David Casas B.J. Pak Dale Rutledge Andy Welch Brian Strickland Doug Holt Pam Dickerson Tom Kirby Bruce Williamson Terry England

MONDAY, JANUARY 14, 2013

21

District 117 District 118 District 119 District 120 District 121 District 122 District 123 District 124 District 125 District 126 District 127 District 128 District 129 District 130 District 131 District 132 District 133 District 134 District 135 District 136 District 137 District 138 District 139 District 140 District 141 District 142 District 143 District 144 District 145 District 146 District 147 District 148 District 149 District 150 District 151 District 152 District 153 District 154 District 155 District 156 District 157 District 158 District 159

Regina Quick S. Frye Chuck Williams Mickey Channell Barry Fleming Ben Harbin Barbara Sims Henry "Wayne" Howard Earnest Smith Gloria Frazier Quincy Murphy Mack Jackson Susan Holmes David Knight J. Caldwell Jr. Carl Von Epps John Pezold Richard H. Smith Calvin Smyre Carolyn Hugley Debbie Buckner Mike Cheokas Patty Bentley Robert Dickey Allen Peake Nikki Randall James Beverly James Epps E. Culver Kidd Larry O'Neal Willie Talton Buddy Harden Jimmy Pruett Matt Hatchett Gerald E. Greene Ed Rynders Carol Fullerton Winfred Dukes Jay Roberts Greg Morris Delvis Dutton Butch Parrish Jon G. Burns

22

JOURNAL OF THE HOUSE

District 160 District 161 District 162 District 163 District 164 District 165 District 166 District 167 District 168 District 169 District 170 District 171 District 172 District 173 District 174 District 175 District 176 District 177 District 178 District 179 District 180

Jan Tankersley Bill Hitchens Bob Bryant J. Craig Gordon Ron Stephens Mickey Stephens Ben Watson Jeff Chapman Al Williams Chuck Sims Penny Houston Jay Powell Sam Watson Darlene K. Taylor Ellis Black Amy Carter Jason Shaw Dexter Sharper Chad Nimmer Alex Atwood Jason Spencer

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M

Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Floyd Fludd Frazier

Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L Jones, S Jordan Kaiser Kelley

McCall Meadows Mitchell Morgan Morris Mosby Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Rice Riley

Sims, B Sims, C Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S Welch

MONDAY, JANUARY 14, 2013

23

Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V Coleman Cooke

Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Gregory

Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Martin Maxwell Mayo

Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon

Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

The following oath of office was administered to the Representatives-elect by Roger B. Lane, Judge, Superior Court, Brunswick Judicial Circuit.

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

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

SO HELP ME GOD.

LOYALTY OATH

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

SO HELP ME GOD."

The next order of business being the election of the Speaker of the House for the 2013-2014 term, Representative Jones of the 47th placed in nomination the name of the Honorable David Ralston of the 7th, which nomination was seconded by Representative Ehrhart of the 36th.

Representative O'Neal of the 146th moved that the nominations be closed.

24

JOURNAL OF THE HOUSE

The motion prevailed.

The election of the Speaker was ordered on the roll call machine. Those voting for the Honorable David Ralston of the 7th voted "aye," those opposed voted "nay."

The vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd N Fludd N Frazier N Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows N Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. N Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates Y Ralston, Speaker

On the election of the Speaker, the Honorable David Ralston of the 7th received 160 votes.

The Honorable David Ralston of the 7th, having received the majority of the votes cast, was thereby declared elected Speaker of the House for the ensuing term.

MONDAY, JANUARY 14, 2013

25

The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:

Representatives Meadows of the 5th, England of the 116th, Powell of the 171st, Talton of the 147th, Jasperse of the 11th, Houston of the 170th, Burns of the 159th, Dickson of the 6th, Sims of the 123rd, Smith of the 134th, and Cheokas of the 138th.

The Honorable David Ralston of the 7th was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.

The next order of business being the election of the Speaker Pro Tem for the House for the 2013-2014 term, Representative Smith of the 134th placed in nomination the name of the Honorable Jan Jones of the 47th, which nomination was seconded by Representative Houston of the 170th.

Representative O`Neal of the 146th moved that the nominations be closed.

The motion prevailed.

The election of the Speaker Pro Tem was ordered on the roll call machine. Those voting for The Honorable Jan Jones of the 47th voted "aye," those opposed voted "nay."

The vote was as follows:

N Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant N Buckner Y Burns

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan

Y McCall Y Meadows N Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. N Thomas, B
VACANT VACANT Y Waites

26

JOURNAL OF THE HOUSE

Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

N Fludd N Frazier N Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates Y Ralston, Speaker

On the election of the Speaker Pro Tem, the Honorable Jan Jones of the 47th received 162 votes.

The Honorable Jan Jones of the 47th, having received the majority of the votes cast, was thereby declared elected Speaker Pro Tem of the House for the ensuing term.

The Speaker appointed as a committee to escort the Speaker Pro Tem to the Speaker's stand the following members:

Representatives Coleman of the 97th, McCall of the 33rd, Knight of the 130th, Tankersley of the 160th, Harden of the 148th, Dudgeon of the 25th, Hamilton of the 24th, and Epps of the 144th.

The Honorable Jan Jones of the 47th was escorted to the Speaker's stand where she addressed the House expressing her appreciation to the members for having elected her Speaker Pro Tem of the House of Representatives.

The next order of business being the election of the Clerk of the House for the 20132014 term, Representative Cooper of the 43rd placed in nomination the name of the Honorable Robert E. Rivers, Jr. of Haralson County, which nomination was seconded by Representative Smyre of the 135th.

Representative O`Neal of the 146th moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee.

The motion prevailed.

On the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. received the entire vote of the membership present.

MONDAY, JANUARY 14, 2013

27

The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term.
The Speaker appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives Brooks of the 55th, Yates of the 73rd, Geisinger of the 48th, Oliver of the 82nd, Parsons of the 44th, Channell of the 120th, Rogers of the 29th, and BeasleyTeague of the 65th.
The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Representative David Ralston of the 7th, Speaker of the House of Representatives:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God.
The Honorable Robert E. Rivers, Jr. addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives.
The next order of business being the election of the Doorkeeper of the House for the 2013-2014 term, Representative Epps of the 144th placed in nomination the name of the Honorable Phil Tucker of Douglas County, which nomination was seconded by Representative Kaiser of the 59th.
Representative O`Neal of the 146th moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee.
The motion prevailed.
On the election of the Doorkeeper of the House, the Honorable Phil Tucker received the entire vote of the membership present.
The Honorable Phil Tucker was thereby declared elected Doorkeeper of the House for the ensuing term.

28

JOURNAL OF THE HOUSE

The Honorable Phil Tucker was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Doorkeeper of the House of Representatives.
The next order of business being the election of the Messenger of the House for the 2013-2014 term, Representative Carter of the 175th placed in nomination the name of the Honorable Kristy Lindstrom of Fannin County, which nomination was seconded by Representative Abrams of the 89th.
Representative O`Neal of the 146th moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee.
The motion prevailed.
On the election of the Messenger of the House, the Honorable Kristy Lindstrom received the entire vote of the membership present.
The Honorable Kristy Lindstrom was escorted to the Speaker's stand where she expressed her appreciation to the members for having elected her as Messenger of the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 6. By Representative Ralston of the 7th
A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.
HR 7. By Representative Ralston of the 7th
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.

MONDAY, JANUARY 14, 2013

29

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 2013 regular session of the General Assembly of Georgia and for the duration of this General Assembly and until otherwise provided for by resolution of the House:
PART 1. SECTION 1-1.
(a) Subject to the availability of funds appropriated or otherwise available for the House of Representatives, the Speaker of the House is authorized to employ on behalf of the House of Representatives a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide offices for staff services for the House of Representatives and to employ personnel for said offices. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader. (b) By agreement with the appropriate officer or officers of the Senate, the Speaker of the House may authorize the employment of joint staff and the establishment of joint offices of the General Assembly.
SECTION 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
SECTION 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
PART 2. SECTION 2-1.
Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's office, the Clerk of the House is authorized to employ for the Clerk's office

30

JOURNAL OF THE HOUSE

assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, rollcall operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
SECTION 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount the Clerk was receiving at the time of adoption of this resolution by the House. In addition to that amount, the Clerk shall also receive the same percentage salary increase provided in the General Appropriations Act when granted to other employees of the legislative branch of state government. During the Clerk's tenure of office, he or she shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by the Clerk.
PART 3. SECTION 3-1.
Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
PART 4. SECTION 4-1.
During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: the Speaker of the House, the Speaker Pro Tempore, the Majority

MONDAY, JANUARY 14, 2013

31

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

32

JOURNAL OF THE HOUSE

SECTION 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim, and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairperson of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
PART 6. SECTION 6-1.
The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives except that funds for any joint staff or joint offices under subsection (b) of Section 1-1 of this resolution shall come from ancillary funds of the General Assembly. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the House's Office.
SECTION 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority, and any such personnel may be discharged by the appointing authority with or without cause.
SECTION 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives.
HR 8. By Representative Ralston of the 7th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

MONDAY, JANUARY 14, 2013

33

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Nathan Deal, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 17, 2013, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President of the Senate, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor, to each Justice of the Supreme Court, and to each Judge of the Court of Appeals.
The following Resolution of the House was read:
HR 9. By Representative O`Neal of the 146th
A RESOLUTION adopting the Rules of the House of Representatives; and for other purposes
A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in effect at the adjournment of the 2012 Regular Session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the 2013 Regular Session and for the duration of this General Assembly, with the following amendments:
SECTION 1. The Rules of the House of Representatives are amended by revising Rules 1.1 and 1.2 as follows: "1.1 All members and staff of the House shall conduct themselves at all times with dignity and with respect for others in a manner to ensure appropriate decorum in the

34

JOURNAL OF THE HOUSE

deliberations of the House and to reflect the responsibilities incumbent upon a member or staff of the House. 1.2 Members and staff of the House shall observe decency of speech and gentleness of behavior at all times in the House, the gallery and the lobbies, ante rooms and halls adjacent to the House."
SECTION 2. Said rules are further amended by revising Rule 8.2 as follows: "8.2 The possession or use of cameras, video cameras, movie cameras, cell phone cameras and similar devices on the floor of the House, in the gallery or in the lobbies during any speech or legislative proceeding is prohibited unless expressly authorized by the Speaker."
SECTION 3. Said rules are further amended by revising Rule 9 as follows: "Rule 9. No person shall enter the gallery of the House chamber unless such person has been issued a card by the Speaker authorizing such person to enter the gallery. Such card must be signed by the Speaker and must be displayed by such person to the doorkeeper of the gallery. The Speaker is authorized to revoke any such card. Reserved."
SECTION 4. Said rules are further amended by revising Rule 10.1 as follows: "10.1 The Speaker shall appoint the following standing committees:
(1) Agriculture and Consumer Affairs. (2) Appropriations. (3) Banks and Banking. (4) Budget and Fiscal Affairs Oversight. (5) Children and Youth. (6)(5) Code Revision. (7)(6) Defense and Veterans Affairs. (8)(7) Economic Development and Tourism. (9)(8) Education. (10)(9) Energy, Utilities, and Telecommunications. (11)(10) Ethics. (12)(11) Game, Fish, and Parks. (13)(12) Governmental Affairs. (14)(13) Health and Human Services. (15)(14) Higher Education. (16)(15) Human Relations and Aging. (17)(16) Industrial Relations Industry and Labor. (18)(17) Information and Audits. (19)(18) Insurance. (20)(19) Interstate Cooperation.

MONDAY, JANUARY 14, 2013

35

(21)(20) Intragovernmental Coordination. (22)(21) Judiciary. (23)(22) Judiciary, Non-civil. (23) Juvenile Justice. (24) Legislative and Congressional Reapportionment. (25) Motor Vehicles. (26) Natural Resources and Environment. (27) Public Safety and Homeland Security. (28) Regulated Industries. (29) Retirement. (30) Rules. (31) Science and Technology. (32) Small Business Development. (32)(33) Special Rules. (33)(34) State Institutions and Property Properties. (34)(35) State Planning and Community Affairs. (35)(36) Transportation. (36)(37) Ways and Means."
SECTION 5. Said rules are further amended by revising Rule 11.8 as follows: "11.8 The Speaker, or the Committee on Assignments, may appoint one or more vicechairmen chairmen of subcommittees of the Committee on Appropriations. Each vice chairman such chairman of a subcommittee appointed shall be designated to preside over one of the following subcommittees of the Committee on Appropriations:
(1) Education. (2) Higher Education. (3) Health. (4) Human Resources. (5) Public Safety. (6) Economic Development. (7) Special Appropriations Project Oversight. (8)(7) General."
SECTION 6. Said rules are further amended by revising Rule 33.4 as follows: "33.4 The provisions of Rule 33.2 shall not apply with respect to a minor or technical amendment which corrects items such as grammar, spelling, numbering, cross-references or otherwise corrects manifest typographical or other similar errors. The determination of whether an amendment is a minor or technical amendment shall be according to the judgment of the Speaker of the House, subject to appeal to the body."

36

JOURNAL OF THE HOUSE

SECTION 7. Said rules are further amended by revising Rule 33.8 as follows: "33.8 There shall be a separate section at the beginning of each day's rules calendar known as the uncontested resolutions calendar. All resolutions referred to in this subsection which are approved by the Committee on Rules for placement on the rules calendar shall be placed on the uncontested resolutions calendar unless otherwise ordered by the committee. When considered by the full House, all resolutions on the uncontested resolutions calendar shall be voted on as a group and without debate; except that any member of the House shall have the right to have any resolution on the uncontested resolutions calendar removed therefrom and placed on the general rules calendar, in which case it shall be subject to consideration in the same manner as any other bill or resolution on the general rules calendar. Resolutions for placement on the uncontested resolutions calendar shall include only: (1) resolutions establishing study committees and other similar bodies; and (2) commemorative resolutions which name or rename roads, streets, highways, parks, bodies of water, bridges, institutions, buildings, structures, and other geographical landmarks. Reserved."
SECTION 8. Said rules are further amended by revising Rule 56 as follows: "Rule 56. All reports of a committee shall be in writing. The minority of a committee may make a report in writing, setting forth succinctly the reasons for its dissent. Wherever practicable, each committee shall include with its report on each general bill or resolution a brief resume of the bill. If the committee shall so order, the Clerk shall have the majority report printed and distributed to the members of the House. A majority of the minority of a committee, but not less than two members of the committee, may make a report in writing, setting forth succinctly the reasons for its dissent. In order for a minority report to be considered, a written notice of intention to file such report must be provided by the first signer thereof to the chairman of the committee; and after such notice has been given, the minority report, with a copy of the notice given to the committee chairman attached, must be filed with the Clerk no later than 5:00 p.m. on the next legislative day after the committee report is filed. If a minority report is written duly noticed and filed, and a majority of the minority of the committee, but not less than two members of the committee, shall so order, the Clerk shall have the minority report printed and distributed to members of the House."
SECTION 9. Said rules are further amended by revising Rule 83 as follows: "Rule 83. If any member shall be called to order for words spoken, the words excepted to shall be taken down in writing by the Clerk and read. The words excepted to shall then be admitted, denied, or explained by the member who spoke them. Thereupon, the question of order shall be decided and such other proceedings shall be conducted as the House may deem proper in regard thereto. If, at any time, the House is acting under the previous question, such question of order and other proceedings referred to shall not be

MONDAY, JANUARY 14, 2013

37

taken up for decision until after the previous question and the main question have been disposed of or until such future time as may then be ordered by the House. No member shall be held to answer or be subject to actions by the House for words spoken in debate if any other member has spoken or other business has intervened before the exception to the words is taken. Reserved."
SECTION 10. Said rules are further amended by revising Rule 100 as follows: "Rule 100. While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain, or to commit, or to amend, a motion to indefinitely postpone cannot be applied to said motions, nor can it be applied to incidental questions, such as questions of order, reading of papers, withdrawal of a motion, and suspension of a rule. Reserved."
SECTION 11. Said rules are further amended by revising Rule 119 as follows: "Rule 119. When any bill or resolution which originated in the House has been amended in the Senate and is before the House for action on the Senate amendment, any amendment may be offered in the House to the Senate amendment; but the House amendment to the Senate amendment cannot be further amended in the House. The amendment offered in the House to the Senate amendment must be agreed to or voted down before the Senate amendment, as amended by such House amendment, may be agreed to or voted down."
SECTION 12. Said rules are further amended by revising Rule 140 as follows: "Rule 140. 140.1 After the call of the yeas and nays, the Clerk shall verify how each member voted, and no member shall be permitted to change his or her vote unless the member declares at the time of the verification that he or she voted under a mistake of the question. When the electric roll call system is used, this rule shall not be applicable. 140.2 Verification of a roll call vote may be dispensed with only by unanimous consent or by a majority of a quorum. When the electric roll call system is used, no verification of the roll call vote is required. Reserved."
SECTION 13. Said rules are further amended by deleting "and" at the end of Rule 171.7, replacing the period with "; and" at the end of Rule 171.8, and adding a new Rule 171.9 to read as follows: "171.9 No member of the House shall knowingly meet at the state capitol or Coverdell Legislative Office Building with any person who is required by the law of this State to register as a lobbyist to discuss the promotion or opposition of the passage of any legislation by the General Assembly or any committee thereof or the override of a veto

38

JOURNAL OF THE HOUSE

unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House district which such member represents."

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L
Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B
VACANT VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates Ralston, Speaker

On the adoption of the Resolution, the ayes were 118, nays 57.

The Resolution was adopted.

The following Resolution of the House was read and adopted:

MONDAY, JANUARY 14, 2013

39

HR 10. By Representative Ralston of the 7th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, February 7, 2013, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Drenner of the 85th and Dickey of the 140th.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 2. By Senators Shafer of the 48th, Chance of the 16th and Henson of the 41st:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.

40

JOURNAL OF THE HOUSE

SR 3. By Senators Shafer of the 48th, Chance of the 16th and Henson of the 41st:

A RESOLUTION to notify the Governor that the Senate has convened; and for other purposes.

The following Resolution of the Senate was read and adopted:

SR 3.

By Senators Shafer of the 48th, Chance of the 16th and Henson of the 41st:

A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.

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

Representatives Carter of the 175th, Hatchett of the 150th, Coomer of the 14th, Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th, and Nimmer of the 178th.

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

TUESDAY, JANUARY 15, 2013

41

Representative Hall, Atlanta, Georgia

Tuesday, January 15, 2013

Second Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Chapman Cheokas Clark, J Clark, V Coleman Cooke

Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming E Floyd Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Martin

Maxwell Mayo McCall Meadows Mitchell Morgan Murphy Neal Nimmer Nix Oliver O'Neal Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders E Scott E Setzler Sharper Shaw Sheldon

Sims, B Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Beverly of the 143rd, Channell of the 120th, Jacobs of the 80th, Marin of the 96th, Morris of the 156th, Mosby of the 83rd, and Pak of the 108th.

42

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Prayer was offered by Dr. Benny Tate, Pastor, Rock Springs Church, Milner, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 21. By Representative Oliver of the 82nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification of such agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 22. By Representative Oliver of the 82nd:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide certain requirements and standards for the incorporation of new municipal corporations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

TUESDAY, JANUARY 15, 2013

43

HB 30.

By Representatives Brooks of the 55th, Stephenson of the 90th and DawkinsHaigler of the 91st:

A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to create the Georgia Judicial Nominating Commission; to define certain terms; to provide for the appointment of members and terms; to provide for duties and responsibilities; to provide for procedures; to provide for confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 34. By Representatives Parsons of the 44th and Smith of the 134th:

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 with the definition of the term 'clean energy property'; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 35.

By Representatives Battles of the 15th, Epps of the 144th, Talton of the 147th, Taylor of the 79th, Weldon of the 3rd and others:

A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that the board of education of each school system in this state shall be authorized to designate one or more administrators in each school in the school system to possess and carry firearms within a school safety zone or school building, at a school function, or on school property or on a bus or other transportation furnished by the school; to provide for training; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

HB 40. By Representatives Battles of the 15th, Holt of the 112th, Jasperse of the 11th, Rynders of the 152nd, Nix of the 69th and others:

A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers'

44

JOURNAL OF THE HOUSE

licenses, so as to prohibit persons required to register on the state sexual offender registry for an act committed on or after July 1, 2013, from being licensed to drive certain commercial motor vehicles; to provide for a definition; to provide for revocation of certain commercial driver's license endorsements under certain circumstances; to provide for exceptions; to provide for penalties; to provide for a sunset of this Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 41. By Representatives Willard of the 51st, Wilkinson of the 52nd, Riley of the 50th, Geisinger of the 48th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Code Section 36-70-24 of the Official Code of Georgia Annotated, relating to criteria for service delivery strategies, so as to change certain provisions relating to water and sewer fees charged to customers located outside a service provider's geographical boundaries; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 42. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use tax, so as to change the manner and method of imposing and collecting such taxes on certain manufactured single-family structures; to provide for legislative intent; to provide for definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 43. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to clarify that persons leaving establishments licensed to sell alcoholic beverages by the drink shall be entitled to the defense of entrapment under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

TUESDAY, JANUARY 15, 2013

45

HB 44. By Representative Ehrhart of the 36th:
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 court, so as to provide for the disposition of certain fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 45. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 46. By Representative Mitchell of the 88th:
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 a satisfactory child protective services report for employees and directors of day-care centers and related child care facilities; to amend Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Central Child Abuse Registry, so as to authorize the Division of Family and Children Services of the Department of Human Services to provide certain information on the registry to the Department of Early Care and Learning; 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.

46

JOURNAL OF THE HOUSE

HB 47.

By Representatives Mitchell of the 88th, Willard of the 51st and Jordan of the 77th:

A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to provide, under certain circumstances, for an opportunity, prior to foreclosure, for a debtor to cure a foreclosure and bring the debt current by making all past due payments along with any late fees and charges; to provide for a method of payment; to provide for a limitation; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 48.

By Representatives Mitchell of the 88th, Stephens of the 165th, Jordan of the 77th, Mayo of the 84th, Marin of the 96th and others:

A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact "Georgia's Return to Play Act of 2013"; to provide for legislative intent; to provide for definitions; to require schools and organizations which provide youth athletic activities to provide concussion-related information to youth athletes and parents; to provide for a concussion recognition education course for coaches and others; to establish a return-to-play policy for youth athletes suffering from concussions; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 49. By Representative Mitchell of the 88th:

A BILL to be entitled an Act to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to enact the "Foreclosure Rescue Fraud Prevention Act"; to provide for definitions; to provide for foreclosure rescue consultants and firms to be bonded; to provide for the application of certain state consumer protection laws to foreclosure rescue transactions; to provide that unfair foreclosure rescue transactions are unlawful and void; to provide for remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

TUESDAY, JANUARY 15, 2013

47

HB 50.

By Representatives Cooper of the 43rd, Watson of the 166th, Kaiser of the 59th, Lindsey of the 54th and Rynders of the 152nd:

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 require mandatory reporting for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 51. By Representatives Hatchett of the 150th, Carter of the 175th and Coomer of the 14th:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess a provider payment on hospitals for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for rules and regulations; to provide for a segregated account within the Indigent Care Trust Fund; to provide for the use of funds; to provide for repeal unless reauthorized; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 52. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to adjutant general and other executives, so as to provide qualifications for appointment to the office of adjutant general; to provide qualifications for appointment to the office of assistant adjutant general; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HR 11. By Representative Sims of the 169th:

A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

Referred to the Committee on Rules.

48

JOURNAL OF THE HOUSE

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

Representatives Brooks of the 55th, Neal of the 2nd, Pak of the 108th, and Bennett of the 94th.

The following Resolution of the House was read:

HR 12. 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 2013 regular session of the General Assembly for the period of Monday, January 14, 2013, through Monday, January 28, 2013, shall be as follows:

Monday, January 14 ....................................................................in session for legislative day 1 Tuesday, January 15 ....................................................................in session for legislative day 2 Wednesday, January 16...............................................................in session for legislative day 3 Thursday, January 17 ..................................................................in session for legislative day 4 Friday, January 18 through Sunday, January 27 ................................................. in adjournment Monday, January 28 ....................................................................in session for legislative day 5

BE IT FURTHER RESOLVED that on and after January 28, 2013, the periods of adjournment of the 2013 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday.

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre

TUESDAY, JANUARY 15, 2013

49

Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway
Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders E Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

On the adoption of the Resolution, the ayes were 169, nays 0.

The Resolution was adopted.

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

HR 22. By Representative Kirby of the 114th:

A RESOLUTION congratulating the Loganville High School baseball team on winning the 2012 Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.

HR 23. By Representatives Ralston of the 7th, Kaiser of the 59th and Shaw of the 176th:

A RESOLUTION congratulating Jay Swift on being named Georgia's Restaurateur of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.

50

JOURNAL OF THE HOUSE

The following Resolutions of the House were read and adopted:

HR 13.

By Representatives Williamson of the 115th, Coomer of the 14th, Channell of the 120th, O`Neal of the 146th, Lindsey of the 54th and others:

A RESOLUTION remembering and honoring the life of First Lieutenant Joseph Dennis Helton, Jr.; and for other purposes.

HR 14. By Representative McCall of the 33rd:

A RESOLUTION recognizing and commending Mr. Danny Bessinger; and for other purposes.

HR 15.

By Representatives Burns of the 159th, Knight of the 130th, Strickland of the 111th, Shaw of the 176th, Roberts of the 155th and others:

A RESOLUTION recognizing January 17, 2013, "Sportsmen's and Coastal Day at the Capitol"; and for other purposes.

HR 16. By Representative Harden of the 148th:

A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Mr. Eli Tinsley, Mr. Jamie Fernandez, Mr. Arthur James Nance, Mr. Bub Denham, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes.

HR 17. By Representative Harden of the 148th:

A RESOLUTION recognizing Ms. Gussie Louise Person and celebrating the occasion of her 100th birthday; and for other purposes.

HR 18. By Representatives Maxwell of the 17th, Braddock of the 19th, Gravley of the 67th and Alexander of the 66th:

A RESOLUTION commending the participants of the first annual Paulding County Civics Day; and for other purposes.

HR 19.

By Representatives Lindsey of the 54th, Oliver of the 82nd and Wilkinson of the 52nd:

A RESOLUTION recognizing and commending Holy Innocents' Episcopal Church; and for other purposes.

TUESDAY, JANUARY 15, 2013

51

HR 20. By Representatives Rogers of the 10th and Gasaway of the 28th:

A RESOLUTION recognizing and commending Britney Vickery and Ivy Hall for the success of their business, Initials, Inc.; and for other purposes.

HR 21. By Representative Brooks of the 55th:

A RESOLUTION honoring the life and memory of Mrs. Eloise Johnson Tarver Hudson; and for other purposes.

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

HR 22 HR 23

Do Pass Do Pass

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

HR 22. By Representative Kirby of the 114th:

A RESOLUTION congratulating the Loganville High School baseball team on winning the 2012 Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.

HR 23. By Representatives Ralston of the 7th, Kaiser of the 59th and Shaw of the 176th:

A RESOLUTION congratulating Jay Swift on being named Georgia's Restaurateur of the Year and inviting him to be recognized by the House of Representatives; and for other purposes.

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

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following resolutions of the House:

52

JOURNAL OF THE HOUSE

HR 8. By Representative Ralston of the 7th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
HR 10. By Representative Ralston of the 7th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
The President has appointed as a Committee of Notification/Escort the following Senators: Shafer of the 48th, Chance of the 16th, and Henson of the 41st, Jackson of the 24th, Jeffares of the 17th, Bethel of the 54th, and Thompson of the 33rd.
The following communications were received:
House of Representatives 415 State Capitol
Atlanta, Georgia 30334
January 15, 2013
The Honorable Robert E. Rivers, Clerk Georgia House of Representatives 309 State Capitol Atlanta, GA 30334
Dear Mr. Clerk:
Pursuant to House Rule 11.6, this is to certify that the House Majority Caucus elected the following as House Majority Leader and House Majority Whip for the 2013-2014 Legislative Term of the Georgia General Assembly.
The Honorable Larry O'Neal, House Majority Leader The Honorable Edward Lindsey, House Majority Whip
Respectfully,
/s/ Donna Sheldon Donna Sheldon, Chair House Majority Caucus
DS/cb

TUESDAY, JANUARY 15, 2013

53

State of Georgia Office of the Governor
Atlanta 30334-0900
January 15, 2013
Mr. Robert E. Rivers Clerk of the House Georgia House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk:
Please accept this letter as formal notification of my selection of the Honorable Amy Carter, the Honorable Matt Hatchett, and the Honorable Christian Coomer as my Floor Leaders in the Georgia House of Representatives during the 2013 Session of the Georgia General Assembly. Please afford them all due rights and compensation in accordance with these positions.
If I can be of further service, please do not hesitate to contact me.
Sincerely,
/s/ Nathan Deal
ND:rb
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

54

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Wednesday, January 16, 2013

Third Legislative Day

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

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

Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Bell Benton Black Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter E Casas Chandler Cheokas Clark, V Coleman Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh

Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner Dudgeon Dunahoo Duncan Dutton Ehrhart England Epps, C Fleming E Floyd Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Greene Gregory Hamilton Harbin Harden

Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L Jones, S Jordan Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Martin Maxwell

McCall Meadows Mitchell Morgan Morris Murphy Neal Nimmer Nix O'Neal Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Sheldon Sims, B

Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Abrams of the 89th, Anderson of the 92nd, Bennett of the 94th, Bentley of the 139th, Beverly of the 143rd, Braddock of the 19th, Channell of the 120th, Chapman of the 167th, Clark of the 98th, Dukes of the 154th, Epps of the 144th, Evans of the 42nd, Gravley of the 67th, Mosby of the 83rd, Oliver of the 82nd, Pak of the 108th, Randall of the 142nd, Shaw of the 176th, Smyre of the 135th, and Taylor of the 79th.

WEDNESDAY, JANUARY 16, 2013

55

They wished to be recorded as present.
Prayer was offered by Dr. D.B. (Dee) Shelnutt, Jr., Johns Creek United Methodist Church, Johns Creek, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 138th, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 3. By Representative Willard of the 51st:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 6 of Title 12 and Title 24 of the Official Code of Georgia Annotated, relating to the practice of professional forestry and evidence, respectively, so as to conform provisions of the Code due to the passage of 2011 HB 24 and HB 214; to change provisions relating to using a writing to refresh memory; to reassign functions of the former Division of Public Health of the Department of Community Health to the new Department of Public Health relating to disclosure of AIDS confidential information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

56

JOURNAL OF THE HOUSE

HB 36.

By Representatives Watson of the 166th, Burns of the 159th, Stephens of the 164th, Bryant of the 162nd, Dutton of the 157th and others:

A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to game and fish definitions, so as to revise the definition of "game fish"; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HB 53. By Representatives Dickerson of the 113th, Harrell of the 106th, Rice of the 95th, Clark of the 101st, Stephenson of the 90th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to revise definitions relating to food sales establishments and food service establishments; to exempt certain activities relating to public and private schools and nonprofit entities; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

HB 54. By Representatives Evans of the 42nd, Gordon of the 163rd, Stephens of the 165th, Abrams of the 89th, Holcomb of the 81st and others:

A BILL to be entitled an Act to amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for HOPE grants, so as to lower the minimum cumulative grade point average required for maintaining eligibility for a HOPE grant; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

HB 55. By Representatives Golick of the 40th, Ramsey of the 72nd, Atwood of the 179th, Pak of the 108th, Coomer of the 14th and others:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change provisions relating to interception of wire or oral transmissions by law enforcement officers; to change provisions relating to the application and issuance of orders authorizing installation and use of pen register and trap and trace

WEDNESDAY, JANUARY 16, 2013

57

device; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 56. By Representative Ramsey of the 72nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding superior courts, so as to revise the terms of court for the Griffin Judicial Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 57. By Representatives Ramsey of the 72nd, Golick of the 40th and Cooke of the 18th:
A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to expand the definition of Schedule I controlled substances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 58. 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.
Referred to the Committee on Regulated Industries.

58

JOURNAL OF THE HOUSE

HB 59.

By Representatives Taylor of the 79th, Cooke of the 18th and Riley of the 50th:

A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement and firefighter resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

HB 60. By Representative Holt of the 112th:

A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an exemption from certain laws regarding the carrying and possession of firearms by retired judges; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

HB 61. By Representative Kidd of the 145th:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to registration of lobbyists, lobbyist reporting, and regulation of lobbying activities, so as to provide that lobbyist expenditures for the benefit of elected state officials and members of the General Assembly shall not be subject to lobbyist reporting; to provide that elected state officials and members of the General Assembly shall be required to report lobbyist expenditures for their benefit; to provide for jurisdiction of the Georgia Government Transparency and Campaign Finance Commission and punishment for violations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Rules.

WEDNESDAY, JANUARY 16, 2013

59

HB 62. By Representatives Kidd of the 145th and Sims of the 169th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use tax, so as to change the manner and method of imposing and collecting such taxes on certain manufactured single-family structures; to provide for legislative intent; to provide for definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 63. By Representative Channell of the 120th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 411), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 64. By Representative Channell of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), so as to clarify the qualifications for participation in such health insurance program; to remove the coroner from eligibility to participate in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related maters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

60

JOURNAL OF THE HOUSE

HB 65. By Representative Channell of the 120th:

A BILL to be entitled an Act to amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 417), 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 of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 66. By Representative Rice of the 95th:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales; and for other purposes.

Referred to the Committee on Ways & Means.

HR 2.

By Representatives Waites of the 60th, Jones of the 53rd, Scott of the 76th, Thomas of the 56th, Jordan of the 77th and others:

A RESOLUTION urging the Congress of the United States to pass legislation increasing criminal penalties for offenders involved in illegal human trafficking and to provide greater assistance to the women and children victims of these heinous crimes; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

WEDNESDAY, JANUARY 16, 2013

61

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

HB 21 HB 30 HB 35 HB 41 HB 43 HB 45 HB 47 HB 49 HB 51 HR 11

HB 22 HB 34 HB 40 HB 42 HB 44 HB 46 HB 48 HB 50 HB 52

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

Representatives Nix of the 69th, Wilkinson of the 52nd, Smith of the 125th, and Peake of the 141st.

Pursuant to HR 22, the House congratulated the Loganville High School baseball team on winning the 2012 Class AAAA State Championship and invited the team to appear before the House of Representatives.

Pursuant to HR 23, the House congratulated Jay Swift on being named Georgia's Restaurateur of the Year 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 29. By Representatives Burns of the 159th, Stephens of the 164th, Parrish of the 158th, Tankersley of the 160th, England of the 116th and others:

A RESOLUTION recognizing and commending the Screven County Development Authority on the 50th anniversary of the signing of the legislation that created the development authority and inviting its members to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 3.

By Representatives Waites of the 60th, Jones of the 53rd, Scott of the 76th, Thomas of the 56th and Beasley-Teague of the 65th:

62

JOURNAL OF THE HOUSE

A RESOLUTION commending the National Strategic Action Convening for State Legislators on Reproductive Rights and Justice Center for Women Policy Studies for adopting a policy resolution on women's reproductive rights on July 15-17, 2011; and for other purposes.
HR 25. By Representatives Rice of the 95th and Marin of the 96th:
A RESOLUTION congratulating the Norcross Blue Devils football team on their 2012 Class AAAAAA State Championship win; and for other purposes.
HR 26. By Representative Harrell of the 106th:
A RESOLUTION honoring the life and memory of Mr. Cecil Patrick Deal; and for other purposes.
HR 27. By Representatives Bentley of the 139th, Jones of the 62nd, Holmes of the 129th and Anderson of the 92nd:
A RESOLUTION recognizing and commending Mr. Joseph William Patterson on the occasion of his retirement after 44 years of service at Flint Electric Company; and for other purposes.
HR 28. By Representative Bentley of the 139th:
A RESOLUTION recognizing and commending Mrs. Alane W. Patterson on the occasion of her retirement after 26 years of service to the City of Reynolds; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and recommitted to the Committee on Appropriations:
HB 45. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 16, 2013

63

The following communication was received:

House of Representatives

Memorandum

To:

The Honorable David Ralston, Speaker of the House

The Honorable Robbie Rivers, Clerk of the House

From:

Virgil Fludd, Chairman of the Minority Caucus

Subject: Committee on Rules

Date:

January 15, 2013

As Chairman of the Minority Caucus I, Virgil Fludd, certify that Representative Stacey Abrams is Minority Leader and Representative Carolyn Hugley is Minority Whip. Please let me know if you have any questions or concerns.

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

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

64

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, January 17, 2013

Fourth Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Chapman Cheokas Clark, V

Coleman Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton

Gordon Gravley Greene Gregory Hamilton Harbin Harden Harrell Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden

Mabra Martin Maxwell Mayo McCall Meadows Morgan Mosby Murphy Nimmer Oliver O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Sheldon Sims, B

Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Ralston, Speaker

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

Representatives Channell of the 120th, Clark of the 98th, Floyd of the 99th, Golick of the 40th, Hatchett of the 150th, Jacobs of the 80th, Jordan of the 77th, Marin of the 96th, Mitchell of the 88th, Morris of the 156th, Neal of the 2nd, Nix of the 69th, Setzler of the 35th, Sims of the 169th, Waites of the 60th, and Yates of the 73rd.

THURSDAY, JANUARY 17, 2013

65

They wished to be recorded as present. Prayer was offered by Pastor Russ Butcher, Church at the Grove, Loganville, Georgia. The members pledged allegiance to the flag.

The following communication was received:

House of Representatives 332 State Capitol Atlanta, GA 30334

MEMO

TO: FROM: DATE:

Members of the Georgia House of Representatives The House Committee on Assignments January 16, 2013

After several weeks of thoughtful deliberation, the Committee on Assignments today unanimously adopted the attached slate of committee officers and members for the 20132014 Legislative Session.

/s/ David Ralston Speaker David Ralston

/s/ Jan Jones Speaker Pro Tem Jan Jones

/s/ Larry O'Neal Majority Leader Larry O'Neal

/s/ Jon Burns Representative Jon Burns

/s/ Amy Carter Representative Amy Carter

/s/ Tom Dickson Representative Tom Dickson

/s/ Earl Ehrhart Representative Earl Ehrhart
/s/ Rich Golick Representative Rich Golick

/s/ Terry England Representative Terry England
/s/ Mark Hamilton Representative Mark Hamilton

/s/ Penny Houston Representative Penny Houston

/s/ Edward Lindsey Representative Edward Lindsey

/s/ John Meadows Representative John Meadows

/s/ Allen Peake Representative Allen Peake

66

JOURNAL OF THE HOUSE

/s/ Jay Powell Representative Jay Powell

/s/ Jay Roberts Representative Jay Roberts

/s/ Richard Smith Representative Richard Smith

1 Agriculture & Consumer Affairs McCall

Harden

Total Members - 21

Dickey

Republicans - 17

Bentley

Democrats - 4

Black

Burns

Carter

Dukes

England

Epps

Epps

Holmes

Jasperse

Kaiser

Kirby

Quick

Roberts

Rutledge

Tankersley

Taylor

Watson

2 Appropriations
Total Members - 81 Republicans - 66 Democrats - 15

England Dempsey Dickson Ehrhart Houston Parrish Powell Rynders Carter Channell Knight O'Neal Sims

Houston Tankersley Black

/s/ Matt Ramsey Representative Matt Ramsey
/s/ Donna Sheldon Representative Donna Sheldon

Tom

Chairman

R

Buddy

Vice Chairman

R

Robert

Secretary

R

Patty

Member

D

Ellis

Member

R

Jon

Member

R

Amy

Member

R

Winfred

Member

D

Terry

Member

R

Bubber

Member

R

Carl Von Member

D

Susan

Member

R

Rick

Member

R

Margaret Member

D

Tom

Member

R

Regina

Member

R

Jay

Member

R

Dale

Member

R

Jan

Member

R

Darlene

Member

R

Sam

Member

R

Terry Katie Tom Earl Penny Butch Jay Ed Amy Mickey David Larry Chuck

Chairman

R

Chair of Subcommittee R

Chair of Subcommittee R

Chair of Subcommittee R

Chair of Subcommittee R

Chair of Subcommittee R

Chair of Subcommittee R

Chair of Subcommittee R

Secretary

R

Ex-Officio

R

Ex-Officio

R

Ex-Officio

R

Ex-Officio

R

Economic Development

Penny

Chairman

R

Jan

Vice-Chairman R

Ellis

Member

R

THURSDAY, JANUARY 17, 2013

67

Clark

Josh

Member

R

Epps

Carl Von

Member

D

Mayo

Ron

Member

D

Morgan

Alisha

Member

D

Nimmer

Chad

Member

R

Peake

Allen

Member

R

Roberts

Jay

Member

R

Republicans (7) Democrats (3) Total - 10

Dickson Casas Carter Clark Coleman Glanton Jones Jasperse Kaiser Lindsey Maxwell

Education

Tom

Chairman

R

David

Vice-Chairman R

Amy

Member

R

Valerie

Member

R

Brooks

Member

R

Mike

Member

D

Jan

Member

R

Rick

Member

R

Margaret

Member

D

Edward

Member

R

Howard

Member

R

Republicans (9) Democrats (2) Total - 11

Rynders Dickey Abrams Allison Bryant Hamilton Martin Parsons Pruett Smith

General Government

Ed

Chairman

R

Robert

Vice-Chairman R

Stacey

Member

D

Stephen

Member

R

Bob

Member

D

Mark

Member

R

Chuck

Member

R

Don

Member

R

Jimmy

Member

R

Lynn

Member

R

Republicans (8) Democrats (2) Total - 10

Parrish Harbin Channell Dollar Gardner

Health Butch Ben Mickey Matt Pat

Chairman

R

Vice-Chairman R

Ex-Officio

R

Member

R

Member

D

68

JOURNAL OF THE HOUSE

Hugley

Carolyn

Member

D

Sheldon

Donna

Member

R

Sims

Barbara

Member

R

Stephens

Ron

Member

R

Taylor

Darlene

Member

R

Watson

Ben

Member

R

Republicans (9) Democrats (2) Total - 11

Ehrhart Cheokas Atwood Battles Burns Golick Jones Nix Rice Rogers Smith Smyre Williams Yates

Higher Education

Earl

Chairman

R

Mike

Vice-Chairman R

Alex

Member

R

Paul

Member

R

Jon

Member

R

Rich

Member

R

Sheila

Member

D

Randy

Member

R

Tom

Member

R

Carl

Member

R

Richard

Member

R

Calvin

Member

D

Chuck

Member

R

John

Member

R

Republicans (12) Democrats (2) Total - 14

Dempsey Epps Brockway Harden Henson Hill Morris Murphy Oliver Setzler

Human Resources

Katie

Chairman

R

Bubber

Vice-Chairman R

Buzz

Member

R

Buddy

Member

R

Michele

Member

D

Calvin

Member

R

Greg

Member

R

Quincy

Member

D

Mary Margaret Member

D

Ed

Member

R

Republicans (7) Democrats (3) Total - 10

Powell Greene Ramsey

Public Safety Jay Gerald Matt

Chairman

R

Vice-Chairman R

Member

R

THURSDAY, JANUARY 17, 2013

3 Banks and Banking Total Members - 27 Republicans - 20 Democrats - 7
4 Budget and Fiscal Affairs Oversight Total Members - 15 Republicans - 9 Democrats - 6

Evans Hatchett Hightower Hitchens Neal Powell Weldon Willard

Stacey Matt Dusty Bill Jay Alan Tom Wendell

Republicans (10) Democrats (1) Total - 11

Morris Williamson Nix Caldwell Coomer Dawkins-Haigler
Dickey Douglas Dunahoo Duncan Dutton Ehrhart Fludd Frazier Harden Hill Houston Jordan Kelley Knight Marin Parrish Smith Strickland Talton Teasley Weldon

Greg Bruce Randy Johnnie Christian Dee Robert Demetrius Emory Geoff Delvis Earl Virgil Gloria Buddy Calvin Penny Darryl Trey David Pedro Butch Earnest Brian Willie Sam Tom

Martin Harrell Hill Caldwell Cheokas Frazier Frye Gasaway Houston Jacobs

Chuck Brett Calvin Michael Mike Gloria Spencer Dan Penny Mike

69

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

R

Member

D

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

D

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Chairman

R

Vice-Chair

R

Secretary

R

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

70

JOURNAL OF THE HOUSE

5 Code Revision Total Members - 15 Republicans - 9 Democrats - 6
6 Defense & Veterans Affairs Total Members - 11 Republicans - 6 Democrats - 5
7 Economic Development & Tourism Total Members - 32 Republicans - 22 Democrats - 10

Jones Jordan Lumsden Wilkerson Williams
Hill Welch Pak Alexander Barr Bennett Caldwell Gravley Kelley Mabra Morris Smith Stephenson Stovall Weldon
Yates Black Rogers Anderson Deffenbaugh Glanton Hitchens Holcomb Pezold Smith Thomas
Stephens Hatchett Sims Battles Bennett Braddock Brockway Brooks Bryant Burns Chapman Dempsey Dickson Dukes Floyd Gordon Gravley

LaDawn Darryl Eddie David Coach
Calvin Andy BJ Kimberly Timothy Karen Michael Micah Trey Ronnie Greg Michael Pam Valencia Tom
John Ellis Terry Tonya John Mike Bill Scott John Earnest Brian
Ron Matt Barbara Paul Karen Paulette Buzz Tyrone Bob Jon Jeff Katie Tom Winfred Hugh J. Craig Micah

Member

D

Member

D

Member

R

Member

D

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Member

D

Member

D

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

D

Member

R

Member

D

Member

R

Member

D

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

D

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

R

Member

D

Member

D

Member

D

Member

R

THURSDAY, JANUARY 17, 2013

71

8 Education Total Members - 25 Republicans - 17 Democrats - 8
9 Energy, Utilities and Telecommunications Total Members - 19 Republicans - 14 Democrats - 5

Greene Henson Holmes Houston Marin Nix Parrish Pruett Rogers Shaw Sheldon Taylor Thomas Wilkinson Williams
Coleman Casas Benton Carter Chandler Clark Dickerson Dickson Dudgeon England Floyd Glanton Howard Jones Kaiser Lindsey Maxwell Mayo Morgan Nix Setzler Talton Tanner Teasley Thomas
Parson Geisinger Carson Allison Dempsey Dickey Drenner Dudgeon Frazier

Gerald Michele Susan Penny Pedro Randy Butch Jimmy Terry Jason Donna Tom Able Mable Joe Al
Brooks David Tommy Amy Joyce Valerie Pam Tom Mike Terry Hugh Mike Henry "Wayne" Jan Margaret Edward Howard Rahn Alisha Randy Edward Willie Kevin Sam Brian
Don Harry John Stephen Katie Robert Karla Mike Gloria

Member

R

Member

D

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

D

Member

D

Member

D

Member

R

Member

D

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

72

JOURNAL OF THE HOUSE

10 Ethics Total Members - 11 Republicans - 7 Democrats - 4
11 Game, Fish & Parks Total Members - 15 Republicans - 11 Democrats - 4
12 Governmental Affairs Total Members - 17 Republicans - 11 Democrats - 5 Independents - 1

Fullerton Hamilton Harbin Hatchett Holmes Holt Martin Smith Teasley Williams

Carol Mark Ben Matt Susan Doug Chuck Earnest Sam Coach

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Wilkinson Abrams Buckner Fludd Hugley Jones Lindsey O'Neal Ramsey Sheldon Willard

Joe Stacey Debbie Virgil Carolyn Jan Edward Larry Matt Donna Wendell

Chairman

R

Member

D

Member

D

Member

D

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Burns Allison Pruett Beasley-Teague Bruce Dickerson Dunahoo Ehrhart Knight McCall Meadows Roberts Shaw Spencer Williams

Jon Stephen Jimmy Sharon Roger Pam Emory Earl David Tom John Jay Jason Jason Al

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

D

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Carter Brockway Taylor Brooks Fleming Floyd Hamilton Hightower Kidd Meadows Morgan Mosby

Amy

Chairman

R

Buzz

Vice-Chairman R

Darlene

Secretary

R

Tyrone

Member

D

Barry

Member

R

Hugh

Member

D

Mark

Member

R

Dustin

Member

R

E. Culver "Rusty" Member

I

John

Member

R

Alisha

Member

D

Howard

Member

D

THURSDAY, JANUARY 17, 2013

73

13 Health & Human Services Total Members - 38 Republicans - 23 Democrats - 14 Independents - 1
14 Higher Education Total Members - 17 Republicans - 11 Democrats - 6

Oliver O'Neal Powell Powell Williamson
Cooper Watson Rynders Barr Beverly Broadrick Channell Cheokas Clark Clark Dempsey Drenner Fullerton Gordon Harden Hatchett Hawkins Henson Holt Howard Jasperse Jones Kaiser Kidd Mitchell Morgan Mosby Pak Parsons Peake Pruett Randall Rogers Sharper Sims Stephens Stephenson Wilkinson
Rogers Casas Carter Dempsey Ehrhart Fullerton

Mary Margaret Member

D

Larry

Member

R

Alan

Member

R

Jay

Member

R

Bruce

Member

R

Sharon

Chairman

R

Ben

Vice-Chairman R

Ed

Secretary

R

Timothy

Member

R

James

Member

D

Bruce

Member

R

Mickey

Member

R

Mike

Member

R

Josh

Member

R

Valerie

Member

R

Katie

Member

R

Karla

Member

D

Carol

Member

D

J. Craig

Member

D

Buddy

Member

R

Matt

Member

R

Lee

Member

R

Michele

Member

D

Doug

Member

R

Henry "Wayne" Member

D

Rick

Member

R

Sheila

Member

D

Margaret

Member

D

E. Culver "Rusty" Member

I

Billy

Member

D

Alisha

Member

R

Howard

Member

D

BJ

Member

R

Don

Member

R

Allen

Member

R

Jimmy

Member

R

Nikki

Member

D

Carl

Member

R

Dexter

Member

D

Barbara

Member

R

Mickey

Member

D

Pam

Member

D

Joe

Member

R

Carl David Amy Katie Earl Carol

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

R

Member

D

74

JOURNAL OF THE HOUSE

15 Human Relations & Aging Total Members - 13 Republicans - 8 Democrats - 5
16 Industry and Labor Total Members - 13 Republicans - 9 Democrats - 4
17 Information and Audits Total Members - 7 Republicans - 5 Democrats - 2
18 Insurance Total Members - 28

Gardner Holcomb Knight Mabra Murphy Pezold Ramsey Sims Smyre Watson Williams

Pat Scott David Ronnie Quincy John Matt Chuck Calvin Ben Chuck

Benton Jasperse Kirby Bell Bruce Channell Clark Dawkins-Haigler Frye Gregory Rogers Scott Spencer

Tommy Rick Tom Simone Roger Mickey Valerie Dee Spencer Charles Terry Sandra Jason

Hamilton Nimmer Kirby Broadrick Bryant Dawkins-Haigler England Fleming Floyd Lindsey Marin Meadows Pruett

Mark Chad Tom Bruce Bob Dee Terry Barry Hugh Edward Pedro John Jimmy

Sims Williams Dunahoo Ballinger Cheokas Randall Sharper

Barbara Chuck Emory Mandi Mike Nikki Dexter

Smith Shaw Holt

Richard Jason Doug

Member

D

Member

D

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

D

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

D

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

D

Member

R

Member

D

Member

R

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

R

Member

D

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

THURSDAY, JANUARY 17, 2013

Republicans - 23 Democrats - 5

Atwood Brockway Carson Cheokas Dollar Epps Epps Gasaway Golick Harbin Hawkins Hugley Jacobs Lumsden Maxwell Mayo Meadows Murphy Neal Rogers Stephens Taylor Teasley Wilkinson Williamson

19 Interstate Cooperation
Total Members - 11 Republicans - 7 Democrats - 4

Dollar Holt Fleming Chapman Cooke Duncan Evans Gregory Kendrick Stovall Waites

20 Intragovernmental Coordination Sims

Clark

Total Members - 15

Carson

Republicans - 9

Alexander

Democrats - 6

Anderson

Bell

Bentley

Broadrick

Coleman

Douglas

Rynders

Stephenson

Strickland

Alex Buzz John Mike Matt Carl Von Bubber Dan Richard Ben Lee Carolyn Mike Eddie Howard Rahn John Quincy Jay Carl Mickey Darlene Sam Joe Bruce
Matt Doug Barry Jeff Kevin Geoff Stacey Charles Dar'shun Valencia Keisha
Chuck Valerie John Kimberly Tonya Simone Patty Bruce Brooks Demetrius Ed Pam Brian

75

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Member

D

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

D

Member

D

Member

D

Member

R

Member

R

Member

D

Member

R

Member

D

Member

R

76
21 Juvenile Justice Total Members - 27 Republicans - 14 Democrats - 13
22 Judiciary Total Members - 18 Republicans - 12 Democrats - 6 Ex-Officio - 2 R

JOURNAL OF THE HOUSE

Tankersley Tanner
Weldon Atwood Talton Allison Bell Braddock Chandler Coomer Dickerson Dutton Evans Holcomb Howard Jacobs Jones Kendrick Morgan Neal Oliver Quick Sharper Smith Spencer Waites Watson Welch Wilkerson
Willard Jacobs Allison Bruce Caldwell Evans Fleming Golick Jones Kelley Lindsey Mabra Oliver O'Neal Powell Rutledge Stephenson Welch Weldon Wilkinson

Jan Kevin
Tom Alex Willie Stephen Simone Paulette Joyce Christian Pamela Delvis Stacey Scott Henry "Wayne" Mike Sheila Dar'Shun Alisha Jay Mary Margaret Regina Dexter Earnest Jason Keisha Sam Andy David
Wendell Mike Stephen Roger Johnnie Stacey Barry Rich LaDawn Trey Edward Ronnie Mary Margaret Larry Jay Dale Pam Andy Tom Joe

Member

R

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Member

D

Member

D

Member

R

Member

D

Member

D

Member

D

Member

R

Member

D

Member

R

Member

D

Member

D

Member

R

Member

D

Member

R

Member

R

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

D

Member

R

Ex-Officio

R

Member

D

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Ex-Officio

R

THURSDAY, JANUARY 17, 2013

23 Judiciary Non-Civil Total Members - 14 Republicans - 11 Democrats - 3 Ex-Officio - 1
24 Legislative and Congressional Reapportionment Total Members - 21 Republicans - 14 Democrats - 7
25 MARTOC Total Members - 7 Republicans - 6 Democrats - 1
26 Motor Vehicles Total Members - 11 Republicans - 8 Democrats - 3

Golick Pak Hightower Abrams Atwood Ballinger Coomer Cooper Dickerson Gravley Ramsey Randall Setzler Strickland Willard

Rich BJ Dusty Stacey Alex Mandi Christian Sharon Pam Micah Matt Nikki Ed Brian Wendell

Nix Holmes Rynders Alexander Beasley-Teague Black Cooke Dickson Dollar Ehrhart Jackson Jones Mayo Scott Setzler Smith Smith Stephens Talton Thomas Yates

Randy Susan Ed Kimberly Sharon Ellis Kevin Tom Matt Earl Mack Jan Rahn Sandra Ed Lynn Richard Mickey Willie Able Mable John

Jacobs Channell Geisinger Mitchell Pruett Riley Taylor

Mike Mickey Harry Billy Jimmy Lynn Tom

Rice Epps Battles Barr Caldwell

Tom Bubber Paul Timothy Johnnie

77

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

D

Member

R

Member

R

Ex-Officio

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Member

R

Chairman

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

R

78

JOURNAL OF THE HOUSE

27 Natural Resources & Environment Total Members - 25 Republicans - 19 Democrats - 6
28 Public Safety & Homeland Security Total Members - 14 Republicans - 10 Democrats - 4
29 Regulated Industries

Douglas Dutton Howard Jordan Powell Yates
Smith Harden Geisinger Buckner Clark Coleman Drenner Dutton England Epps Fullerton Gardner Gasaway McCall Morris Nimmer Nix Riley Smith Tankersley Tanner Thomas Thomas Wilkinson Williams
Powell Taylor Atwood Cooke Frazier Glanton Greene Hightower Hitchens Holcomb Jackson Lumsden Neal Talton Waites
Maxwell Taylor

Demetrius Delvis Wayne Darryl Alan John
Lynn Buddy Harry Debbie Josh Brooks Karla Delvis Terry Bubber Carol Pat Dan Tom Greg Chad Randy Lynn Richard Jan Kevin Able Mable Brian Joe Chuck
Alan Darlene Alex Kevin Gloria Mike Gerald Dusty Bill Scott Mack Eddie Jay Willie Keishea
Howard Tom

Member

D

Member

D

Member

D

Member

D

Member

R

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

D

Chairman

R

Vice-Chairman R

THURSDAY, JANUARY 17, 2013

Total Members - 19 Republicans - 14 Democrats - 5
30 Retirement Total Members - 17 Republicans - 10 Democrats- 7
31 Rules Total Members - 34 Republicans - 28 Democrats - 6

Dickson Bennett Chandler Cooke Cooper Deffenbaugh Epps Fludd Golick Harrell Martin Mitchell Powell Ramsey Rutledge Stephens Welch
Battles Coomer Weldon Bentley Benton Beverly Brooks Buckner Coleman Gordon Greene Hawkins Maxwell Meadows Riley Wilkerson Williams
Meadows Golick Smith Abrams Benton Casas Channell Cooper Dempsey Drenner Ehrhart Greene Hamilton Hugley Jackson

Tom Karen Joyce Kevin Sharon John Carl Von Virgil Rich Brett Chuck Billy Alan Matt Dale Mickey Andy
Paul Christian Tom Patty Tommy James Tyrone Debbie Brooks J. Craig Gerald Lee Howard John Lynn David Coach
John Rich Richard Stacy Tommy David Mickey Sharon Katie Karla Earl Gerald Mark Carolyn Mack

79

Secretary

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

D

Member

R

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

D

Member

D

Member

D

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

Ex-Officio

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

D

Member

D

80

JOURNAL OF THE HOUSE

32 Science and Technology Total Members - 13 Republicans - 8 Democrats - 4 Independents - 1
33 Small Business Development Total Members - 19 Republicans - 11 Democrats - 8

Jones Lindsey Morris O'Neal Parrish Peake Powell Ramsey Rice Roberts Setzler Sheldon Sims Smith Smyre Stephens Weldon Willard Williams
Setzler Braddock Watson Battles Dudgeon Duncan Frye Kidd Martin Oliver Scott Sims Smith
Knight Clark Harden Beverly Braddock Bruce Carter Drenner Dudgeon Fludd Henson Jackson Kendrick Kirby Peake Pezold Powell

Jan Edward Greg Larry Butch Allen Alan Matt Tom Jay Edward Donna Barbara Lynn Calvin Ron Tom Wendell Al

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

D

Ed

Chairman

R

Paulette

Vice-Chairman R

Ben

Secretary

R

Paul

Member

R

Mike

Member

R

Geoff

Member

R

Spencer

Member

D

E. Culver "Rusty" Member

I

Chuck

Member

R

Mary Margaret Member

D

Sandra

Member

D

Barbara

Member

R

Michael

Member

D

David Josh Buddy James Paulette Roger Amy Karla Mike Virgil Michele Mack Dar'Shun Tom Allen John Alan

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

D

Member

R

Member

D

Member

R

Member

D

Member

D

Member

D

Member

D

Member

R

Member

R

Member

R

Member

R

THURSDAY, JANUARY 17, 2013

81

34 Special Rules Total Members - 15 Republicans - 8 Democrats - 7
35 State Properties Total Members - 9 Independents - 1 Democrats - 2 Republicans - 6
36 State Planning & Community Affairs Total Members - 13 Republicans - 8 Democrats - 5
37 Transportation Total Members - 27 Republicans - 20 Democrats - 7

Shaw Stovall
Talton Holt Hill Anderson Beverly Braddock Dukes Gordon Gregory Hightower Holmes Scott Smith Spencer Waites
Neal Dunahoo Greene Buckner Cheokas Ehrhart Hill Jones Kidd
Pruett Rogers Hill Bell Caldwell Chapman Cooke Dickerson Dukes Jackson Quick Sims Williams
Roberts Sheldon Epps Ballinger Benton Bryant Burns Channell

Jason Valencia

Member

R

Member

D

Willie Doug Calvin Tonya James Paulette Winfred J. Craig Charles Dusty Susan Scott Michael Jason Keisha

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

D

Member

R

Member

D

Member

D

Member

R

Member

R

Member

R

Member

D

Member

D

Member

R

Member

D

Jay

Chairman

R

Emory

Vice-Chairman R

Gerald

Secretary

R

Debbie

Member

D

Mike

Member

R

Earl

Member

R

Calvin

Member

R

LaDawn

Member

D

E. Culver "Rusty" Member

I

Jimmy Terry Calvin Simone Michael Jeff Kevin Pam Winfred Mack Regina Chuck Coach

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

R

Member

R

Member

D

Member

D

Member

D

Member

R

Member

R

Member

D

Jay Donna Bubber Mandy Tommy Bob Jon Mickey

Chairman

R

Vice-Chairman R

Secretary

R

Member

R

Member

R

Member

D

Member

R

Member

R

82
38 Ways & Means Total Members - 29 Republicans - 23 Democrats - 6

JOURNAL OF THE HOUSE

Deffenbaugh Dollar Gardner Geisinger Hamilton Harrell Holt Jacobs Jones Jordan McCall Murphy Nimmer Rynders Setzler Sims Waites Watson Williams

John Matt Pat Harry Mark Brett Doug Mike Sheila Darryl Tom Quincy Chad Ed Ed Barbara Keishea Sam Al

Channell Peake Knight Abrams Battles Beasley-Teague Black Bryant Carson England Fludd Harbin Harrell Houston Martin Mosby O'Neal Pak Parsons Powell Ramsey Rice Riley Sims Stephens Stephens Talton Willard Williamson

Mickey Allen David Stacy Paul Sharon Ellis Bob John Terry Virgil Ben Brett Penny Chuck Howard Larry BJ Don Jay Matt Tom Lynn Chuck Mickey Ron Willie Wendell Bruce

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

D

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

D

Chairman

R

Vice-Chairman R

Secretary

R

Member

D

Member

R

Member

D

Member

R

Member

D

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

R

Member

D

Member

R

Member

R

Member

R

Member

R

THURSDAY, JANUARY 17, 2013

83

Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

1. Introduction of Bills and Resolutions.

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

3. Second reading of Bills and Resolutions.

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

HB 5.

By Representatives Waites of the 60th, Glanton of the 75th, Stovall of the 74th and Jordan of the 77th:

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, 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 submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters, to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 31.

By Representatives Mayo of the 84th, Greene of the 151st, Drenner of the 85th, Gordon of the 163rd and Waites of the 60th:

A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide that only hands-free

84

JOURNAL OF THE HOUSE

communications devices shall be used in motor vehicles; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 67. By Representative Kidd of the 145th:

A BILL to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to expand the Brain and Spinal Injury Trust Fund provisions under the Constitution of Georgia to authorize additional penalty assessments for additional violations; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 68. By Representative Kidd of the 145th:

A BILL to be entitled an Act to amend Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to revise provisions relating to continuing education requirements for persons licensed to practice orthotics or prosthetics; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 69. By Representative Benton of the 31st:

A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change provisions relating to the amount payable at redemption; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 70.

By Representatives Golick of the 40th, Coleman of the 97th, Setzler of the 35th, Lindsey of the 54th, Dudgeon of the 25th and others:

THURSDAY, JANUARY 17, 2013

85

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 deadlines for scholarship payments to parents; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

HB 71.

By Representatives Riley of the 50th, Maxwell of the 17th, Greene of the 151st, Tankersley of the 160th, Holmes of the 129th and others:

A BILL to be entitled an Act to amend Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investment and real estate investments, so as to increase the total percentage of investments permissible in real estate investments for the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

HB 72. By Representatives Smith of the 70th and Epps of the 132nd:

A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3914), so as to change the description of the election districts; to provide 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.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 73. By Representatives Lindsey of the 54th, Watson of the 166th, Cooper of the 43rd, Hawkins of the 27th and Oliver of the 82nd:

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 require certain insurance coverage for physician prescribed special dietary foods or formulas for specific chronic

86

JOURNAL OF THE HOUSE

medical conditions; to provide a short title; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

HB 74.

By Representatives Lindsey of the 54th, Holt of the 112th, Glanton of the 75th, Dickson of the 6th, Benton of the 31st and others:

A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating generally to insurance, so as to provide for a short title and findings; to require health plans to provide coverage for hearing aids for certain individuals; to provide for the frequency of replacement of hearing aids; to provide for coverage of services and supplies; to provide options for higher priced devices; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

HB 75. By Representatives Kidd of the 145th and Wilkinson of the 52nd:

A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for legislative findings; to provide for definitions; to provide for tuition grant assistance for certain students attending the Military Junior College of Georgia; to provide for the manner of applying for such grants; to provide for reductions of grant amounts under certain circumstances; to provide for audits; to provide for refunds under certain circumstances; to provide for penalties for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

HB 76. By Representative Holt of the 112th:

A BILL to be entitled an Act to amend Article 8 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to electric transmission lines, so as to establish factors to be used by a utility in exercising the power of eminent domain in selecting a route for the location of an electric transmission line; to provide for applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, JANUARY 17, 2013

87

Referred to the Committee on Energy, Utilities & Telecommunications.

HB 77. By Representative Holt of the 112th:

A BILL to be entitled an Act to amend Article 8 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to electric transmission lines, so as to provide for the burden of proof for the route selected for the location of an electric transmission line; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

HB 78.

By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Abrams of the 89th, Cooper of the 43rd and others:

A BILL to be entitled an Act to amend Title 16, Code Section 24-13-130, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the O.C.G.A., relating to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit exploitation of disabled adults, elder persons, and residents; to move relevant criminal penalties from Title 30 into Title 16; to amend Code Section 17-17-3, Title 31, Chapter 3 of Title 35, and Code Sections 42-8-63.1 and 49-2-14.1 of the O.C.G.A., so as to provide for conforming cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 79. By Representative Willard of the 51st:

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.

88

JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.

HB 80. By Representative Rice of the 95th:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales; and for other purposes.

Referred to the Committee on Ways & Means.

HB 81.

By Representatives Dudgeon of the 25th, Williamson of the 115th, Peake of the 141st, Lindsey of the 54th, Abrams of the 89th and others:

A BILL to be entitled an Act to amend Code Section 48-7-40.30 of the Official Code of Georgia Annotated, relating to an income tax credit for certain qualified investments for a limited period of time, so as to extend such income tax credit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 82. By Representative Ehrhart of the 36th:

A BILL to be entitled an Act to amend Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the "Small Business Borrower Protection Act"; to provide for definitions; to provide for a method of purchasing debt obligations from successor creditors; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks & Banking.

THURSDAY, JANUARY 17, 2013

89

HB 83. By Representatives Knight of the 130th and Clark of the 98th:

A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mortgage brokers, so as to exempt licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks & Banking.

HR 24. By Representative Kidd of the 145th:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving illegal parking in parking spaces reserved for persons with disabilities, operating a motorcycle without protective headgear, operating a boat or other watercraft while under the influence of alcohol or drugs, and reckless driving; to provide that the General Assembly is authorized to allocate such additional penalties or fees to the Brain and Spinal Injury Trust Fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

HR 30.

By Representatives Brooks of the 55th, Dawkins-Haigler of the 91st, Beasley-Teague of the 65th, Scott of the 76th, Jones of the 53rd and others:

A RESOLUTION honoring Mrs. Rosa Parks, Dr. Ralph David Abernathy, Sr., Reverend Hosea L. Williams, Reverend Dr. Joseph E. Lowery, and Reverend Joseph Everhart Boone, recognizing their accomplishments as worthy of enduring memorials, and urging the placement of their portraits in the state capitol; and for other purposes.

Referred to the Committee on State Properties.

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

HB 3 HB 53 HB 55 HB 57

HB 36 HB 54 HB 56 HB 58

90

JOURNAL OF THE HOUSE

HB 59 HB 61 HB 63 HB 65 HR 2

HB 60 HB 62 HB 64 HB 66

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

Representatives Williams of the 87th, Knight of the 130th, Burns of the 159th, and Peake of the 141st.

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

HR 31. By Representative Oliver of the 82nd:

A RESOLUTION congratulating poet Natasha Trethewey on receiving the distinguished position of 19th Poet Laureate of the United States and inviting her to be recognized by the House of Representatives; and for other purposes.

HR 43. By Representatives Benton of the 31st and Quick of the 117th:

A RESOLUTION congratulating the Jefferson High School Dragons on their Class AA Football State Championship win and inviting the team and coaches to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 32.

By Representatives Williams of the 168th, Stephens of the 164th, Dutton of the 157th, Stephens of the 165th and Hugley of the 136th:

A RESOLUTION recognizing and commending Mr. John D. McIver on the occasion of his retirement; and for other purposes.

HR 33. By Representatives Nix of the 69th, Rogers of the 10th, Hightower of the 68th, Yates of the 73rd, Smith of the 70th and others:

A RESOLUTION congratulating Mr. and Mrs. Carlton and Ila Crenshaw on the occasion of their 80th wedding anniversary on January 29, 2013; and for other purposes.

THURSDAY, JANUARY 17, 2013

91

HR 34. HR 35. HR 36. HR 37. HR 38. HR 39. HR 40.

By Representatives Kirby of the 114th and Williamson of the 115th:
A RESOLUTION recognizing and commending Robert L. "Bobby" Boss, outstanding Georgia citizen; and for other purposes.
By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Ms. Latashia Diane Head; and for other purposes.
By Representative Holmes of the 129th:
A RESOLUTION recognizing January 29, 2013, as Tourism & Hospitality Day at the state capitol; and for other purposes.
By Representative Maxwell of the 17th:
A RESOLUTION congratulating Taylor A. Mizushima upon the occasion of receiving the distinguished rank of Eagle Scout, the most prestigious of Scouting honors, on December 6, 2012; and for other purposes.
By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Mr. Roger Levern McKibben; and for other purposes.
By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Mary Gaither McLurkin; and for other purposes.
By Representatives Dudgeon of the 25th, Gasaway of the 28th, Mabra of the 63rd, Brockway of the 102nd and Duncan of the 26th:
A RESOLUTION recognizing student leaders at Georgia Tech and welcoming them for Georgia Tech Student Day at the Capitol; and for other purposes.

92

JOURNAL OF THE HOUSE

HR 41. By Representatives Brooks of the 55th and Holmes of the 129th:
A RESOLUTION honoring the life and memory of Mrs. Gwendolyn Cherry Marks; and for other purposes.
HR 42. By Representative Brooks of the 55th:
A RESOLUTION recognizing and commending Naheede Teresa Brooks; 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 31 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 31. By Representative Oliver of the 82nd:
A RESOLUTION congratulating poet Natasha Trethewey on receiving the distinguished position of 19th Poet Laureate of the United States and inviting her to be recognized by the House of Representatives; and for other purposes.
Pursuant to HR 31, the House congratulated poet Natasha Trethewey on receiving the distinguished position of 19th Poet Laureate of the United States and invited her to be recognized by the House of Representatives.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 8 having arrived, the Senate appeared upon the floor of the House, and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Casey Cagle.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Nathan Deal, appeared upon the floor of the House and delivered the following address:
Lt. Governor Cagle, Speaker Ralston, President Pro Tem Shafer, Speaker Pro Tem Jones, Members of the General Assembly, Members of the Judiciary, my fellow Georgians:

THURSDAY, JANUARY 17, 2013

93

To the Members of the General Assembly, congratulations on your election. To the new members of the House and Senate, welcome! You are now part of one of the greatest and most successful experiments in the history of mankind, the process of self-governance, whereby free people entrust to us the responsibility of preserving their freedoms.
We do so if we confine our actions to those things which our constituents cannot do for themselves. Our constitution defines some of the things we shall do, as well as some of the things we shall not do. Between those goal posts of shall and shall not lies the field on which we play. It is not a Field of Dreams but a Field of Law. Like spectators in the stands of a great stadium, a cacophony of voices will tell you what play to run and agree or disagree with your performance. Just remember, we are all on the same team with you, and we share a common purpose of making Georgia the best place to work, play, get an education and raise a family.
Last year, I told you that I had a goal: To fulfill the truest purposes of government the ones for which Georgians need their government most "and then get out of the way so that they can live their lives in freedom and as they see fit."
So far, I believe we have done that well. We have made communities safer, improved educational opportunities, provided for infrastructure improvements, driven workforce development, generated a better business environment and created jobs. Together, we have implemented innovative tax reform that incentivizes business growth, passed smarton-crime criminal justice reform and saved HOPE.
This year, I challenge you to join me as we go forward with a focus on progress. While times have been tough and we have had to make difficult choices, I will not lead our state with a Doomsday mindset, reacting erratically and hastily based on fear or ignorance. Instead, we will move forward with confidence, focusing on the proven foundations of a growing Georgia, those that keep us steady during times of uncertainty but also during times of prosperity; foremost among these are public safety, education, healthcare and economic development
Just as Georgia is too big and too important to fall prey to Doomsayers' pessimism, it is also too big and too important to be divided by race, geography or ideology. This year, let's concentrate on the things on which we can all agree: The foundations that improve the lives of our citizens and undergird the bright horizons of tomorrow.
In the first foundation, Public Safety, let's capitalize on the success that we have already had in criminal justice reform, in which, last year, we crafted legislation that saves both lives and taxpayer dollars. Through increased use of accountability courts drug, DUI, mental health and veteran courts along with other measures, this state will avoid the need to add 5,000 prison beds over five years and save taxpayers at least $264 million; these measures simultaneously decrease the number of offenders who end up back in jail

94

JOURNAL OF THE HOUSE

after being released and create productive, taxpaying citizens rather than more dangerous criminals. And we have continued funding for accountability courts by allocating $11.6 million toward that purpose in my budget proposal.
This year we will continue our work by bringing legislation designed to produce better results with juvenile offenders and divert them from the adult system. I want to thank the Special Council on Criminal Justice Reform for Georgians for their hard work over the past two years. I urge your strong consideration of their recommendations for the Juvenile Justice system. Similar to last year, we would emphasize community-based, non-confinement correctional methods for low-risk offenders as an alternative to regional and state youth centers. To get started, I will be requesting $5 million in the FY 2014 budget to create an incentive funding program that encourages communities to create and utilize these community-based options. These options range from substance abuse treatment to family counseling and provide judges with viable, alternative sentencing options. Just as with last year, we stand to lower recidivism and save taxpayer dollars. For example, are you aware that the cost of each bed in a Youth Detention Center is in excess of $91,000 each year? It is certainly an area where less costly options must be used. Together, we can continue to improve our state's justice systems while keeping our citizens safe by reserving our prison beds for violent offenders.
This year provides another opportunity to bolster public safety.
This past summer, Georgia witnessed several tragic accidents on our waterways.
We know alcohol is involved in over 50 percent of all boating fatalities each year. On Georgia's roads, if the operator of a vehicle has a Blood Alcohol content of .08 or higher, he can be charged with Driving Under the Influence. However, you cannot be charged with Boating Under the Influence unless your Blood Alcohol level is .10 or higher. The Jake and Griffin Prince BUI Law that I am proposing will change that. If you are too drunk to drive an automobile, you are too drunk to drive a boat!
I will also propose, through the Kile Glover Boat Education Law, that you place age limits and educational requirements on young operators of boats and personal watercraft and that children who are 13 or younger must wear life jackets when riding in an open boat that is moving.
Another foundation block for growing a more prosperous Georgia is education. Since we are talking about foundations, let's talk about our earliest learners, who build upon what they learn today for the rest of their lives. We have an outstanding pre-K program that has been nationally recognized. This past year, the National Institute for Early Education Research awarded Georgia its first 10 out of 10 in measures of quality; we were one of only five states to receive such a designation.

THURSDAY, JANUARY 17, 2013

95

In the budget for FY 2014, I have added 10 days to the pre-K school year, thereby restoring it to a full 180 days and increasing the salaries of deserving teachers.
Last year, we focused on literacy by designating $1.6M to establish a reading mentor's program that was designed to grow the percentage of Georgia's children who are reading on grade level by the third grade. Early indicators are proving it a good investment. We must not let our children fall behind, for that is a path toward remediation and delayed success. As such, I have included $1.6 million in this year's budget to continue the reading mentor program.
While most state agencies have seen their budgets for the remainder of this fiscal year and for the FY2014 reduced by an average of 3 percent, K-12 education was not subject to these reductions. In fact, the budget will give $156M in additional funding for enrollment growth in K-12 schools in FY2013. For next year, there will be $147 million for enrollment growth and salary increases for teachers based on training and experience. There is also an additional $41 million to fully fund the revised Equalization formulas adopted last year.
We must continue to make K-12 education a top priority, because Georgia recently ranked 45th out of the 47 states that reported graduation rates under the cohort method. This is unacceptable! We can do better! We will do better!
The people of Georgia spoke loud and clear when they adopted the Constitutional Amendment on Charter Schools by an overwhelming margin. The message they sent was this They are not satisfied with the status quo! And neither am I!
We have been funding public education under the Quality Basic Education legislation, QBE. This is a 1985 formula that does not meet the needs of a 21st century classroom. While adjustments have been made, as recently as last year, more needs to be done. As we finalize the pilot projects and reforms being produced by our Race To The Top initiative, I look forward to modernizing the way we spend tax payer dollars so that we can produce more positive results in our public schools. Public distrust emanates from poor graduation rates, excessive remediation expenses and substandard test scores. Dedicated educators deserve to have this stigma removed. If we don't do that, we will discourage the bright college students who want to be teachers from choosing that profession. We cannot afford that loss!
Georgia has had too many school boards placed under the sanctions of potential loss of accreditation. While this is a very serious matter, it is somewhat ironic that the loss of accreditation can only be based on governance issues and not on substandard academic progress of the school system. Unless this is addressed by state legislation, we will continue to have thousands of Georgia's children trapped in underperforming schools through no fault of their own. I look forward to working with you to solve this problem.

96

JOURNAL OF THE HOUSE

In education, as in most areas of life, poor outcomes are most often not the result of lack of money, but lack of vision and leadership.
One of the primary reasons for getting an education is to get a job. To the parents of children who contemplate dropping out of school, you should remind them that they are condemning themselves to the lowest rung on the employment ladder, and you should prepare them to continue to live at home because the jobs that will be available to them will be few indeed.
Since employment is a primary goal of education, I want to commend the Chancellor of our University System and the Commissioner of our Technical College System for evaluating and refocusing their programs of study to give priority to those educational paths that have a proven record of employability. It is a tragedy when a young person works hard, accumulates debt for student loans and then graduates with a diploma in a field where there are no jobs.
My budget proposes to focus more funds within our HOPE Grant Program toward occupations where we know jobs are available and shortages actually exist. Currently, there are several thousand jobs available for individuals with a commercial driver's license. There are similar shortages in the areas of nursing and early childhood education. In order to fill these vacancies we suggest directing additional funds within our Technical College HOPE Grants so that over 90 percent of the tuition costs in these programs will be provided. That's Putting Your Money Where The Jobs Are!
Two years ago, we worked together to save our HOPE Scholarship program. As a result, it remains one of the most generous state run scholarship programs in the nation. It is also keeping our best and brightest students in Georgia. In FY2011, more than 97 percent of entering in-state freshman at both the University of Georgia and Georgia Tech received the Hope Scholarship.
Today, I am happy to say that my budget will increase the Hope Scholarship by 3 percent over last year, bringing the total funds going to Hope in FY 2014 to nearly $600 million.
This is quite a contrast to the proposed bankruptcy of HOPE that was projected to occur this year. That's why I say, together, we saved HOPE!
Also, in keeping with our emphasis on results based funding, I would like to thank the Higher Education Funding Commission for its hard work over the past year to provide us with a solid recommendation that will be the starting point for change from enrollmentbased funding to outcomes-based funding in our university and technical colleges. I encourage you to join me in fully considering their recommendations.
Another foundation block for a growing and prosperous Georgia is healthcare.

THURSDAY, JANUARY 17, 2013

97

I want to thank the Commissioner of Agriculture and the Commissioner of the Department of Public Health for their efforts to keep our citizens healthy and thereby minimize the need for expensive healthcare. Commissioner Black has launched the Georgia Grown program in which he is promoting agricultural products grown in our state. He is working with local farmers and school dieticians to increase the consumption of fresh fruits and vegetables by our school children. Commissioner Fitzgerald is one of the individuals leading the Georgia SHAPE program, which is educating and encouraging children regarding the importance of exercise. Both of these efforts will keep young people healthier and will reduce the scourge of obesity that abounds in our state.
As a result of a downturned economy and the provisions of federal legislation known as Obamacare, we are seeing a growth in our Medicaid rolls. As you know, I have elected not to expand our eligibility limits for Medicaid. At the State Chamber of Commerce Eggs and Issues Breakfast yesterday, I elaborated upon the reasons for that decision. I did not judge it prudent to expand the eligible population of an entitlement program by adding an additional 620,000 new enrollees since our state is already spending approximately $2.5 billion in state taxpayer funds annually.
Even without expanding the eligible population base, we expect our Medicaid rolls to grow by an additional 100,000 individuals. This new population of Medicaid recipients, along with other mandates of Obamacare such as the extension of the time between the review of eligibility, will raise our Medicaid costs by nearly $1.7 billion over the next 10 years.
For FY 2014, I am requesting that you authorize the Board of Community Health to apply a provider fee for hospitals, just as they currently do for nursing homes. Unless this is done, there will be a shortfall in revenue to support the Medicaid program of nearly $700M. Since we cannot adjust benefits, the reduction in reimbursements to hospitals would be the only way to keep the program solvent. Those reductions would be approximately 20 percent, which would seriously jeopardize many of our state's hospitals. Therefore, I urge your favorable consideration of this legislation.
Last year, we appropriated $1.2M to expand residency programs for doctors in our state. I want to thank Dr. Ricardo Azziz, the President of Georgia Regents University Augusta, for leading this effort and the participating hospitals for making it possible for us to develop 400 new residency slots. We believe this is one of the best ways to retain medical doctors in our state. And the FY 2014 budget includes $2M in additional funds to further increase the number of health professionals practicing in the state.
The last foundation block for a prosperous Georgia that I will address today is economic development. For the last 2 years during this State of the State Address you have heard me say, "The state of our state is strong." That statement is no less true today then it was for each of the two preceding years. In fact, it may be more true now when you consider

98

JOURNAL OF THE HOUSE

employment numbers, increased job opportunities, revenue growth and the expanding prestige of our state in the international marketplace.
We currently have the lowest unemployment rate we have experienced in nearly 4 years. It is still too high. That is why we must insist that every young person get a high school diploma; otherwise, they become the fuel that stokes the fires of the unemployment furnace.
We are continuing to see promising job growth and many of these jobs are paying substantially above the average wage in our state. Since I stood before you last year at this address, we have announced more than 10,000 jobs, and many of these are on the high end of the employment scale. More and more businesses are deciding to make Georgia their home. Some of the reasons for these decisions are government policies of low taxes and reasonable regulations. Together, we are showing the world that we are running state government the way it should be: in an efficient, common sense and businesslike manner. And clearly businesses are taking note of this!
We have spent taxpayer dollars wisely. Using 2012 dollars, our per capita spending of government money is 17 percent less that it was a decade ago. And we currently have more than 9,000 fewer state employees than we had five years ago.
We have saved taxpayer dollars. The Revenue Shortfall Reserve, better known as the Rainy Day Fund, has been increased by 226 percent since I became Governor.
We have reduced the burden on Georgia taxpayers. The Tax Foundation in an article published last month confirms that our state has decreased its state tax collections per capita over the last decade the most of any state in the nation, "collecting 25 percent less in real dollars than it did ten years earlier." And last year, with tax reform, you lowered that burden again by increasing the deduction for married couples filing a joint return, bringing the total deduction to $7,400, thus virtually abolishing the so-called "marriage tax penalty."
There is good reason to believe our job base will continue to grow. Employers like to locate in a state that operates its own affairs in a businesslike manner. But it is not only businesses that pay attention to the fact that we have downsized state government and kept our budget balanced while not raising but actually lowering taxes. Others are watching our state operations, as well, like the three major bond rating agencies that have once again awarded a Triple A rating to Georgia. This comes at a time when some states and the federal government have experienced a downgrade in their ratings. This saves us taxpayer money by reducing the interest rate on our state bonds.
The goal I have set for us is to make Georgia the No. 1 place in the country in which to do business. With Commissioner Cummiskey and his superb team at the Department of

THURSDAY, JANUARY 17, 2013

99

Economic Development, we are well on our way to achieving our goal. For two years in a row, we have ranked in the top five for business climate by Site Selection Magazine, and we ranked No. 3 for doing business in 2012 by Area Development Magazine.
Our state is blessed to have the busiest airport in the world in Atlanta's HartsfieldJackson airport. This provides us with rapid access to and from about 80 percent of the U.S. population within two hours. It is also one of the reasons certain businesses are coming to our state.
Another asset is the Port of Savannah, the fourth largest container port in the country and the second largest on the East Coast. As you know, we have worked for many years to expand the Savannah Harbor and deepen the channel in order to allow the larger vessels that will soon be coming through the Panama Canal to dock in our state. We are very pleased that last fall we succeeded in getting a positive Record of Decision from the federal government. This is a major milestone on this project.
My budget includes an additional $50 million in the bond package for this project. This will bring our total state contribution to $231 million. That is almost the state's entire contemplated share of the costs of this project; the remainder of the cost is to be paid by the federal government. While that is a sizable amount of money we expect the benefits to be $5.50 for every dollar spent--Not a bad return on investment!
I will conclude my remarks on a topic that does not require the recitation of statistics, but is one that is recognized in both the public and private domains as a cornerstone of success that is ethics. We can build the strongest foundations of frugality, efficiency and competitiveness upon which our state government will rest; but if the citizens of Georgia don't trust us, it will all be in vain, for the vibrations of distrust will crack even the strongest foundations. There will always be those in the media and elsewhere who thrive on sowing the seeds of doubt and distrust and who will never recant their sinister innuendos and malicious accusations even when they are vanquished by Truth. And while you will never silence those voices of discord, nor should you try to do so, you can bolster the confidence of the public that might be tempted to listen to them by simply establishing clear rules under which you and those who deal with you in your capacity as elected officials must operate. If there is to be an expansion of the code of ethical conduct for members of the General Assembly, it should apply equally to all elected officials at the state and local levels.
We have laid our foundations for a strong and successful Georgia--public safety, education, healthcare, economic development and ethics. I look forward to working with each of you this session as we continue to grow Georgia in these most crucial areas. And together, we will run a state rather than its citizens' lives.

100

JOURNAL OF THE HOUSE

May God give you wisdom in your deliberations, and may he continue to bless this great state of Georgia.
Senator Shafer of the 48th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Casey Cagle, announced the Joint Session dissolved.
The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 12. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.
The following communication was received:
State of Georgia Office of the Governor Atlanta 30334-0900
January 17, 2013
Mr. Robert E. Rivers Clerk of the House Georgia House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk:
Please accept this letter as formal notification that the Honorable Chad Nimmer will replace the Honorable Amy Carter as one of my Floor Leaders in the Georgia House of Representatives. Please afford him all due rights and compensation in accordance with this position.

THURSDAY, JANUARY 17, 2013

101

If I can be of further service, please do not hesitate to contact me.
Sincerely,
/s/ Nathan Deal
ND:rb
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 1:00 o'clock, P.M. Monday, January 28, 2013.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 1:00 o'clock, P.M. Monday, January 28, 2013.

102

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Monday, January 28, 2013

Fifth Legislative Day

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

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

Abrams Alexander Allison Atwood Ballinger Barr Battles E Beasley-Teague Bell E Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Chandler Channell Chapman Cheokas Clark, V Coleman Cooke

Coomer Cooper E Dawkins-Haigler Deffenbaugh Dickey Dickson Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Floyd Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Gordon Gravley Greene

Gregory Hamilton E Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jordan Kelley E Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin

Martin Maxwell E Mayo E McCall Meadows E Mitchell Morgan E Mosby E Murphy Neal Nimmer Nix O'Neal Pak Parrish Parsons Peake Pezold Powell, J Pruett Quick Ramsey E Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott

Sharper Shaw Sheldon Sims, B E Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, B Waites Watson, B Watson, S Welch Wilkerson Wilkinson Willard Williams, A Williams, C E Williams, E Ralston, Speaker

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

Representatives Anderson of the 92nd, Bruce of the 61st, Casas of the 107th, Clark of the 98th, Dempsey of the 13th, Dickerson of the 113th, Golick of the 40th, Jones of the 53rd, Kaiser of the 59th, Morris of the 156th, Oliver of the 82nd, Powell of the 32nd,

MONDAY, JANUARY 28, 2013

103

Setzler of the 35th, Sims of the 169th, Smyre of the 135th, Stephenson of the 90th, Thomas of the 56th, Williamson of the 115th, and Yates of the 73rd.

They wished to be recorded as present.

Prayer was offered by Reverend Dr. David G. Bowen, Pastor, Commerce First United Methodist Church, Commerce, Georgia.

The members pledged allegiance to the flag.

Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

1. Introduction of Bills and Resolutions.

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

3. Second reading of Bills and Resolutions.

4. Reports of Standing Committees.

5. Third reading and passage of Local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

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

HB 1.

By Representatives Willard of the 51st, Lindsey of the 54th, Abrams of the 89th, Ehrhart of the 36th, Smith of the 134th and others:

A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice, to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to conform provisions to the new Chapter 16 of Title 9, correct cross-references, and remove obsolete or improper references to

104

JOURNAL OF THE HOUSE

forfeiture; to amend the O.C.G.A., so as to conform provisions to the new Chapter 16 of Title 9, correct cross-references, and remove obsolete or improper references to forfeiture; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 23. By Representatives Jones of the 53rd, Scott of the 76th, Thomas of the 56th, Henson of the 86th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to require every public and private school to have carbon monoxide detectors; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 84. By Representative Knight of the 130th:
A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 85. By Representative Knight of the 130th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 86. By Representatives Channell of the 120th and Kidd of the 145th:
A BILL to be entitled an Act to amend an Act to provide for compensation for the judge of the State Court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1996, p. 3721), so as to change the

MONDAY, JANUARY 28, 2013

105

compensation for the judge of the State Court of Putnam County and the solicitor-general of the State Court of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 87.

By Representatives Hightower of the 68th, Smith of the 70th, Powell of the 171st, Nix of the 69th, Cooke of the 18th and others:

A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 88.

By Representatives Shaw of the 176th, Houston of the 170th, Jasperse of the 11th, Black of the 174th, Dutton of the 157th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to provide for Class E and Class F drivers' licenses free of charge to qualified volunteer firefighters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 89.

By Representatives Benton of the 31st, Dutton of the 157th, Allison of the 8th, McCall of the 33rd, Cooke of the 18th and others:

A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to exempt certain firearms from federal regulations; to provide for a short title; to provide for legislative findings; to provide for exceptions and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

106

JOURNAL OF THE HOUSE

HB 90.

By Representatives Allison of the 8th, Cooke of the 18th, Brockway of the 102nd, Duncan of the 26th, Dutton of the 157th and others:

A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to general provisions regarding dangerous instrumentalities and practices, so as to provide that no officer or employee of the state or any political subdivision of the state, no persons performing governmental functions, and no firearms dealer shall enforce or attempt to enforce any federal law or regulation relating to a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in this state and that remains exclusively within the borders of this state; to provide that no federal law or regulation shall be enforceable within this state that attempts to ban or restrict ownership of a semiautomatic firearm or any magazine of such firearm or that requires the registration of any firearm, magazine, or other firearm accessory; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 91. By Representatives Benton of the 31st, Allison of the 8th, Dutton of the 157th, McCall of the 33rd, Cooke of the 18th and others:

A BILL to be entitled an Act to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, defacing public monuments, and obstruction of Stone Mountain, so as to provide for additional protections for government statues, monuments, plaques, banners, and other commemorative symbols; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Properties.

HB 92. By Representatives Allison of the 8th, Cooke of the 18th, Kelley of the 16th, Dutton of the 157th, Dudgeon of the 25th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions regarding military, emergency management, and veterans affairs, so as to prohibit the state, any political subdivision of the state, any employee of the state or of a political subdivision of the state, and any member of the Georgia National Guard or State Defense Force while on official state duty to assist any agency of or the armed forces of the United States in the execution of 50 U.S.C. Section 1541; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, JANUARY 28, 2013

107

Referred to the Committee on Judiciary.

HB 93.

By Representatives Williams of the 87th, Scott of the 76th, Battles of the 15th, Frazier of the 126th, Anderson of the 92nd and others:

A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions applicable to motor vehicles and traffic, so as to prohibit the use of telecommunications devices for oral communications, unless such device is a hands-free communication device; to provide for exceptions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 94. By Representatives Welch of the 110th, Lindsey of the 54th and Willard of the 51st:

A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages, so as to change provisions relating to the reduction of earnings to present value; to provide for determining the present value of certain future damages; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 95. By Representative Brooks of the 55th:

A BILL to be entitled an Act to amend Code Section 17-15-7 of the Official Code of Georgia Annotated, relating to persons eligible for awards under the Georgia Crime Victims Emergency Fund, so as to define a certain term; to provide that eligible persons may file a claim with the board when a cold case is reopened or when a convicted offender seeks post-conviction relief; to provide for compensation; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

HB 96. By Representatives Brooks of the 55th and Dawkins-Haigler of the 91st:

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to make legislative findings; to repeal the imposition of the death penalty in this state; to repeal references to procedures related to capital

108

JOURNAL OF THE HOUSE

cases; to provide for matters relative to the foregoing; to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

HB 97. By Representatives Brooks of the 55th and Dawkins-Haigler of the 91st:

A BILL to be entitled an Act to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage, so as to provide for a substantive and comprehensive reform of provisions regarding the minimum wage law; to provide for legislative findings; to provide for an increase in the minimum wage; to provide for annual minimum wage increases to match the rising cost of living; to provide a credit toward the minimum wage for employers of tipped workers; to eliminate various eligibility exemptions from the minimum wage; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry and Labor.

HB 98. By Representatives Brooks of the 55th and Dawkins-Haigler of the 91st:

A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 99.

By Representatives Spencer of the 180th, Kidd of the 145th, Harrell of the 106th, Cooke of the 18th, Powell of the 32nd and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to change the amount of malt beverages that may be produced by a person in his or her private residence; to provide that malt beverages so produced may be transported and delivered for use at homebrew special events; to provide for the issuance of home-brew special event

MONDAY, JANUARY 28, 2013

109

permits; to provide for rules and regulations to be adopted by the state revenue commissioner governing home-brew special events; to prohibit sales and limit consumption of malt beverages produced in a private residence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 100. By Representatives Dutton of the 157th, Cooke of the 18th, Allison of the 8th, Setzler of the 35th, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of emergency management, and to amend Code Section 38-351 of the Official Code of Georgia Annotated, relating to emergency powers of the Governor, termination of emergency, limitations in energy emergency, and immunity, so as to prohibit certain limitations regarding the possession and carrying of firearms during a declared state of emergency; to provide for civil remedies for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 101. By Representatives Epps of the 144th, McCall of the 33rd, Jasperse of the 11th, Holmes of the 129th, Harden of the 148th and others:
A BILL to be entitled an Act to amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Code Section 26-2-391 of the Official Code of Georgia Annotated, relating to permits for nonprofit food sales and food service at events, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 102. By Representatives Shaw of the 176th, Black of the 174th, Sharper of the 177th, Waites of the 60th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate for veterans of the United States armed forces; to

110

JOURNAL OF THE HOUSE

provide for applications; to provide for a minimum number of applications; to provide for fees; to provide for transfer of plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 103. By Representatives Shaw of the 176th, Meadows of the 5th, Smith of the 134th, Golick of the 40th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, so as to allow the issuance of a group life insurance policy to certain groups as approved by the Commissioner; to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
Referred to the Committee on Appropriations.
HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:

MONDAY, JANUARY 28, 2013

111

A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014.
Referred to the Committee on Appropriations.
HB 107. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2012-2013 known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at page 1 of 175), so as to change certain appropriations for the State Fiscal Year 2012-2013; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 108. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2012-2013 known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at page 1 of 175), so as to change certain appropriations for the State Fiscal Year 2012-2013; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 109. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014; to make and provide such appropriations for the operation of the State government, 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

112

JOURNAL OF THE HOUSE

funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

HB 110. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:

A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014; to make and provide such appropriations for the operation of the State government, 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.

Referred to the Committee on Appropriations.

HB 111. By Representative Waites of the 60th:

A BILL to be entitled an Act to amend Subpart 7 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to grants to children of law enforcement officers, firefighters, and prison guards, so as to provide for undergraduate full tuition grants to children of law enforcement officers, firefighters, and prison guards who were killed in the line of duty who attend institutions of the University System of Georgia and who meet certain eligibility requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

HR 44.

By Representatives Brooks of the 55th, Dukes of the 154th, Williams of the 168th and Dawkins-Haigler of the 91st:

A RESOLUTION creating the House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; and for other purposes.

Referred to the Committee on Industry and Labor.

MONDAY, JANUARY 28, 2013

113

HR 45.

By Representatives Epps of the 144th, Dickey of the 140th, Beverly of the 143rd, Peake of the 141st, Bentley of the 139th and others:

A RESOLUTION honoring the life of Trooper Sergeant William Fredrick Black, Jr., and dedicating an interchange in his memory; and for other purposes.

Referred to the Committee on Transportation.

HR 46.

By Representatives Holt of the 112th, Welch of the 110th, Dickerson of the 113th and Rutledge of the 109th:

A RESOLUTION honoring the life of Mr. Pierce Lovett Cline and dedicating a bridge in his memory; and for other purposes.

Referred to the Committee on Transportation.

HR 47. By Representatives Shaw of the 176th, Carter of the 175th, Black of the 174th, Sharper of the 177th and Houston of the 170th:

A RESOLUTION honoring the life of Governor Melvin Ernest Thompson and dedicating a road in his memory; and for other purposes.

Referred to the Committee on Transportation.

HR 48.

By Representatives Shaw of the 176th, Watson of the 172nd, McCall of the 33rd, Roberts of the 155th, Houston of the 170th and others:

A RESOLUTION dedicating the Georgia Grown Trail: 37; and for other purposes.

Referred to the Committee on Transportation.

HR 49. By Representative Waites of the 60th:

A RESOLUTION requesting the Congress of the United States to pass legislation restoring the deep cuts to mental health services, research, special education, and supportive housing for children and adults living with mental illness; and for other purposes.

Referred to the Committee on Health & Human Services.

114

JOURNAL OF THE HOUSE

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

HB 5 HB 67 HB 69 HB 71 HB 73 HB 75 HB 77 HB 79 HB 81 HB 83 HR 30

HB 31 HB 68 HB 70 HB 72 HB 74 HB 76 HB 78 HB 80 HB 82 HR 24

Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

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

HB 55 HB 57

Do Pass, by Substitute Do Pass

Respectfully submitted, /s/ Golick of the 40th
Chairman

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

Mr. Speaker:

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

SB 24. By Senators Bethel of the 54th, Jeffares of the 17th and Jackson of the 24th:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and

MONDAY, JANUARY 28, 2013

115

elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess a provider payment on hospitals for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for rules and regulations; to provide for a segregated account within the Indigent Care Trust Fund; to provide for the use of funds; to provide for repeal unless reauthorized; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 24. By Senators Bethel of the 54th, Jeffares of the 17th and Jackson of the 24th:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess a provider payment on hospitals for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for rules and regulations; to provide for a segregated account within the Indigent Care Trust Fund; to provide for the use of funds; to provide for repeal unless reauthorized; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Peake of the 141st, Jones of the 53rd, Kendrick of the 93rd, and Geisinger of the 48th.
The following Resolution of the House was read:
HR 50. 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

116

JOURNAL OF THE HOUSE

and dates of adjournment for the 2013 regular session of the General Assembly for the period of Monday, January 28, 2013, through Tuesday, March 5, 2013, shall be as follows:
Monday, January 28 ....................................................................in session for legislative day 5 Tuesday, January 29 ....................................................................in session for legislative day 6 Wednesday, January 30...............................................................in session for legislative day 7 Thursday, January 31 ..................................................................in session for legislative day 8 Friday, February 1 .......................................................................in session for legislative day 9 Saturday, February 2 through Sunday, February 3..............................................in adjournment Monday, February 4 ..................................................................in session for legislative day 10 Tuesday, February 5 ..................................................................in session for legislative day 11 Wednesday, February 6.............................................................in session for legislative day 12 Thursday, February 7 ................................................................in session for legislative day 13 Friday, February 8 .....................................................................in session for legislative day 14 Saturday, February 9 through Sunday, February 10............................................in adjournment Monday, February 11 ................................................................in session for legislative day 15 Tuesday, February 12 ................................................................in session for legislative day 16 Wednesday, February 13...........................................................in session for legislative day 17 Thursday, February 14 ..............................................................in session for legislative day 18 Friday, February 15 through Monday, February 18 ............................................ in adjournment Tuesday, February 19 ................................................................in session for legislative day 19 Wednesday, February 20...........................................................in session for legislative day 20 Thursday, February 21 ..............................................................in session for legislative day 21 Friday, February 22 ...................................................................in session for legislative day 22 Saturday, February 23 through Sunday, February 24..........................................in adjournment Monday, February 25 ................................................................in session for legislative day 23 Tuesday, February 26 ................................................................in session for legislative day 24 Wednesday, February 27...........................................................in session for legislative day 25 Thursday, February 28 ..............................................................in session for legislative day 26 Friday, March 1 .........................................................................in session for legislative day 27 Saturday, March 2 through Sunday, March 3......................................................in adjournment Monday, March 4 ......................................................................in session for legislative day 28 Tuesday, March 5 ......................................................................in session for legislative day 29
BE IT FURTHER RESOLVED that on and after March 5, 2013, the periods of adjournment of the 2013 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

MONDAY, JANUARY 28, 2013

117

Y Abrams Y Alexander Y Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows E Mitchell Y Morgan Y Morris E Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

The Resolution was adopted.

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

HR 66. By Representatives Buckner of the 137th and Epps of the 132nd:

A RESOLUTION commending and recognizing Roosevelt's Little White House State Historic Site on the 131st anniversary of President Franklin D. Roosevelt's birthday and inviting the site manager and staff to be recognized by the House of Representatives; and for other purposes.

118

JOURNAL OF THE HOUSE

HR 67. By Representative Coomer of the 14th:

A RESOLUTION commending SkillsUSA Georgia for its successful program and inviting recent participants to be recognized by the House of Representatives; and for other purposes.

HR 68.

By Representatives Yates of the 73rd, Black of the 174th, Smith of the 70th, Rogers of the 10th, Pezold of the 133rd and others:

A RESOLUTION recognizing January 29, 2013, as National Guard Day at the capitol and inviting the Georgia National Guard to be recognized by the House of Representatives; and for other purposes.

HR 69. By Representative Hill of the 22nd:

A RESOLUTION commending University of Georgia's Amazing Student Anna McIntyre and inviting her to be recognized by the House of Representatives; and for other purposes.

HR 70. By Representative Ralston of the 7th:

A RESOLUTION recognizing Court Appointed Special Advocates (CASA) in Georgia for 25 years of service and inviting Court Appointed Special Advocates to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 51. By Representative O`Neal of the 146th:

A RESOLUTION recognizing and commending the Georgia Economic Developers Association on the occasion of its 50th anniversary; and for other purposes.

HR 52.

By Representatives Nix of the 69th, Pezold of the 133rd and Epps of the 132nd:

A RESOLUTION recognizing and commending the senior pastor of the First Baptist Church on the Square, Dr. Paul R. Baxter, on the occasion of his 30th anniversary at the church; and for other purposes.

HR 53.

By Representatives Stephens of the 164th, Sims of the 123rd and Hatchett of the 150th:

MONDAY, JANUARY 28, 2013

119

HR 54. HR 55. HR 56. HR 57. HR 58. HR 59. HR 60.

A RESOLUTION recognizing January 29, 2013, as Tourism & Hospitality Day at the State Capitol and commending the tourism industry of Georgia; and for other purposes.
By Representative Yates of the 73rd:
A RESOLUTION honoring the life and memory of Corporal Bobby Byars; and for other purposes.
By Representatives Lindsey of the 54th and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Daniel Oglesby; and for other purposes.
By Representative Channell of the 120th:
A RESOLUTION recognizing and commending William O. Dawkins; and for other purposes.
By Representatives Lindsey of the 54th and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Joe Cullen; and for other purposes.
By Representative Holt of the 112th:
A RESOLUTION recognizing and commending Jack Miles on his significant achievements; and for other purposes.
By Representative Harden of the 148th:
A RESOLUTION recognizing and commending Commissioner C. Brooks Bailey on the occasion of his retirement; and for other purposes.
By Representatives McCall of the 33rd, Burns of the 159th, Smith of the 70th and Harden of the 148th:
A RESOLUTION recognizing and commending Georgia's Soil and Water Conservation Districts on the occasion of their 75th anniversary; and for other purposes.

120

JOURNAL OF THE HOUSE

HR 61. By Representative Buckner of the 137th:

A RESOLUTION honoring the life and memory of Precious Bussey Bryant; and for other purposes.

HR 62. By Representative Holmes of the 129th:

A RESOLUTION recognizing and commending Hansel Kelly on his significant achievements; and for other purposes.

HR 63. By Representatives Harrell of the 106th, Pak of the 108th, Riley of the 50th, Marin of the 96th and Holcomb of the 81st:

A RESOLUTION recognizing January 29, 2013, as Catholic Day at the state capitol; and for other purposes.

HR 64. By Representative Mosby of the 83rd:

A RESOLUTION recognizing and commending LifeSouth Community Blood Centers and the Five Points of Life Foundation; and for other purposes.

HR 65. By Representative Hill of the 22nd:

A RESOLUTION recognizing and commending Joseph G. Murray; and for other purposes.

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

HR 66 HR 67 HR 68

Do Pass Do Pass Do Pass

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

HR 66. By Representatives Buckner of the 137th and Epps of the 132nd:

A RESOLUTION commending and recognizing Roosevelt's Little White House State Historic Site on the 131st anniversary of President Franklin D.

MONDAY, JANUARY 28, 2013

121

Roosevelt's birthday and inviting the site manager and staff to be recognized by the House of Representatives; and for other purposes.

HR 67. By Representative Coomer of the 14th:

A RESOLUTION commending SkillsUSA Georgia for its successful program and inviting recent participants to be recognized by the House of Representatives; and for other purposes.

HR 68.

By Representatives Yates of the 73rd, Black of the 174th, Smith of the 70th, Rogers of the 10th, Pezold of the 133rd and others:

A RESOLUTION recognizing January 29, 2013, as National Guard Day at the capitol and inviting the Georgia National Guard to be recognized by the House of Representatives; and for other purposes.

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

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

122

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Tuesday, January 29, 2013

Sixth Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood E Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Chandler Channell Chapman Cheokas Clark, J Clark, V

Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Holcomb Holmes Holt Houston Hugley Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Maxwell

Mayo E McCall
Meadows Mitchell Morris Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Riley Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon

Sims, B Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Casas of the 107th, Coleman of the 97th, Floyd of the 99th, Hitchens of the 161st, Jordan of the 77th, Martin of the 49th, Mosby of the 83rd, Rice of the 95th, Roberts of the 155th, Sims of the 169th, Smyre of the 135th, and Stephenson of the 90th.

TUESDAY, JANUARY 29, 2013

123

They wished to be recorded as present.
Prayer was offered by Most Reverend Wilton D. Gregory, SLD, Archbishop of Atlanta, Smyrna, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 28. By Representatives Gregory of the 34th, Setzler of the 35th, Spencer of the 180th, Dutton of the 157th, Braddock of the 19th and others:
A BILL to be entitled an Act to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to carrying weapons in unauthorized locations and penalty, so as to repeal a prohibition against carrying a weapon in a place of worship; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.

124

JOURNAL OF THE HOUSE

HB 29.

By Representatives Gregory of the 34th, Setzler of the 35th, Spencer of the 180th, Braddock of the 19th, Duncan of the 26th and others:

A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to repeal prohibitions against carrying a firearm on to postsecondary institution campuses; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

HB 112. By Representative Mosby of the 83rd:

A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement of taxation, so as to provide for a short title; so as to provide for an actuarial investigation and a legislative procedure for review and perfection of all bills proposing tax exemptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 113. By Representatives Kidd of the 145th, Powell of the 32nd, Oliver of the 82nd, Neal of the 2nd, Parrish of the 158th and others:

A BILL to be entitled an Act to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of an individual's criminal history record information, so as to authorize the purging of convictions of minors for driving under the influence of alcohol or drugs under limited circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

HB 114. By Representatives Kidd of the 145th, Wilkinson of the 52nd and Stephens of the 164th:

A BILL to be entitled an Act to amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships with respect to the Georgia Military College, so as to remove legislative intent language limiting the institution from providing certain postsecondary study; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, JANUARY 29, 2013

125

Referred to the Committee on Higher Education.
HB 115. By Representatives Dickson of the 6th, Lindsey of the 54th, Coleman of the 97th and Casas of the 107th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to revise provisions relating to suspension and removal of local school board members under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 116. By Representatives Dickson of the 6th, Coleman of the 97th, Lindsey of the 54th and Casas of the 107th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the state board to transfer donations, gifts, and other property held in trust to the Georgia Foundation for Public Education for management and administration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 117. By Representatives Scott of the 76th, Jordan of the 77th, Jones of the 53rd, Beasley-Teague of the 65th, Brooks of the 55th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to prohibit employers from requesting username, password, or other means of accessing an account or service for the purpose of accessing personal social media through an electronic communications device of employees or prospective employees with certain exceptions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 118. By Representatives Scott of the 76th, Jordan of the 77th, Beasley-Teague of the 65th, Jones of the 53rd, Brooks of the 55th and others:

126

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 40 of Title 31 of the Official Code of Georgia Annotated, relating to tattoo studios, so as to require such studios to post notification that certain tattoos could disqualify the wearer from military service; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 119. By Representatives Marin of the 96th, Waites of the 60th, Brooks of the 55th and Bell of the 58th:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedure for sentencing and imposition of punishment, so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole; to provide for sentencing of certain defendants guilty of crimes which target a victim due to the victim's race, religion, gender, gender identity, sexual orientation, disability, or national origin; to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of the victim's race, religion, gender, gender identity, sexual orientation, or national origin; to provide for certain exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 120. By Representative Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry weapon and temporary renewal permit, so as to provide for training for certain persons licensed to carry a pistol or revolver; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 121. By Representatives Marin of the 96th, Waites of the 60th, Brooks of the 55th, Abrams of the 89th and Bell of the 58th:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to

TUESDAY, JANUARY 29, 2013

127

stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 123. By Representatives Lindsey of the 54th, Coleman of the 97th, Jones of the 47th and Glanton of the 75th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Parent and Teacher Empowerment Act"; to provide for petitions to convert existing schools to charter schools or to impose turnaround models; to provide for definitions; to allow for petitions by parents or teachers; to provide for turnaround models; to provide for notice to the State Board of Education; to provide for local board approval; to provide for applicability; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 124. By Representatives Harrell of the 106th, Taylor of the 79th, Powell of the 32nd, Fludd of the 64th, Cooke of the 18th and others:

128

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that an election in which the votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 125. By Representatives Hightower of the 68th, Golick of the 40th and Jasperse of the 11th:
A BILL to be entitled an Act to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to provide for a certain affidavit for persons under 18 years of age to be executed after attaining the age of 18; to provide requirements for the submission of documents; to provide that certain documents may be submitted by facsimile; to provide exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 126. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Rogers of the 29th, Tanner of the 9th 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 a definition; to prohibit any person from knowingly and willfully obstructing or hindering any park ranger in the lawful discharge of such park ranger's official duties; to prohibit any person from knowingly and willfully resisting, obstructing, or opposing any park ranger in the lawful discharge of such park ranger's official duties by offering or doing violence to the person of such park ranger; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 127. By Representatives Powell of the 171st, Meadows of the 5th, England of the 116th, Hamilton of the 24th, Nix of the 69th and others:

TUESDAY, JANUARY 29, 2013

129

A BILL to be entitled an Act to amend Titles 45, 12, and 15 of the Official Code of Georgia Annotated, relating to public officers 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.
Referred to the Committee on Appropriations.
HB 128. By Representatives Peake of the 141st, Meadows of the 5th, Willard of the 51st, Dempsey of the 13th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to the imposition, rate, computation, and exemptions from state income tax, so as to revise and change provisions regarding state income tax credits; to provide for state income tax credits for certain downtown investments; to provide for state income tax credits for qualified contributions to a Georgia Renaissance Fund; to provide for state income tax credits for certain downtown housing investments; to provide for short titles; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Department of Community Affairs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 71. By Representative Battles of the 15th:
A RESOLUTION honoring the life of Trooper Frederick Herman Looney and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 72. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Tanner of the 9th and Hill of the 22nd:
A RESOLUTION dedicating the intersection of Georgia Route 400 and State Route 141 in Forsyth County as the William Everett Bennett Memorial Interchange; and for other purposes.

130

JOURNAL OF THE HOUSE

Referred to the Committee on Transportation.

HR 73.

By Representatives Hugley of the 136th, Buckner of the 137th and Smyre of the 135th:

A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes.

Referred to the Committee on Appropriations.

HR 74. By Representatives Bruce of the 61st, Brooks of the 55th, Beasley-Teague of the 65th, Jones of the 62nd, Beverly of the 143rd and others:

A RESOLUTION encouraging the development of minority owned plasma centers; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 75.

By Representatives Kendrick of the 93rd, Oliver of the 82nd, Lindsey of the 54th, Willard of the 51st, Welch of the 110th and others:

A RESOLUTION creating the House Study Committee on the Foreclosure Crisis; and for other purposes.

Referred to the Committee on Banks & Banking.

HR 76. By Representatives Scott of the 76th, Waites of the 60th, Beasley-Teague of the 65th and Jones of the 53rd:

A RESOLUTION encouraging government action to help lift women out of poverty; and for other purposes.

Referred to the Committee on Health & Human Services.

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

HB 1 HB 84 HB 86 HB 88 HB 90 HB 92

HB 23 HB 85 HB 87 HB 89 HB 91 HB 93

TUESDAY, JANUARY 29, 2013

131

HB 94 HB 96 HB 98 HB 100 HB 102 HB 104 HB 106 HB 108 HB 110 HR 44 HR 46 HR 48 SB 24

HB 95 HB 97 HB 99 HB 101 HB 103 HB 105 HB 107 HB 109 HB 111 HR 45 HR 47 HR 49

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

Mr. Speaker:

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

HB 63 HB 65

Do Pass Do Pass

HB 64 HB 72

Do Pass Do Pass

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

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

HB 63. By Representative Channell of the 120th:

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 411), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election of subsequent members; to provide for submission of this Act for approval under the federal Voting

132

JOURNAL OF THE HOUSE

Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 64. By Representative Channell of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), so as to clarify the qualifications for participation in such health insurance program; to remove the coroner from eligibility to participate in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related maters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 65. By Representative Channell of the 120th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 417), 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 of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 72. By Representatives Smith of the 70th and Epps of the 132nd:
A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L.

TUESDAY, JANUARY 29, 2013

133

1987, p. 5160), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3914), so as to change the description of the election districts; to provide 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.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V
Coleman Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo
Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

134

JOURNAL OF THE HOUSE

On the passage of the Bills, the ayes were 161, nays 0.

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

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

Representatives Stephens of the 164th, Mosby of the 83rd, and Holmes of the 129th.

Pursuant to HR 77, the House recognized the importance of establishing a Georgia Grown Trail: 37 and invited representatives from Georgia Grown Trail: 37 to be recognized by the House of Representatives.

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

HR 77.

By Representatives Shaw of the 176th, Watson of the 172nd, Holmes of the 129th, Black of the 174th, Houston of the 170th and others:

A RESOLUTION recognizing the importance of establishing a Georgia Grown Trail: 37 and inviting representatives from Georgia Grown Trail: 37 to be recognized by the House of Representatives; and for other purposes.

HR 78.

By Representatives Thomas of the 56th, Jones of the 53rd, Brooks of the 55th and Hugley of the 136th:

A RESOLUTION recognizing and commending Charlie L. Smith, Jr., and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 79.

By Representatives Gordon of the 163rd, Stephens of the 165th, Bryant of the 162nd, Watson of the 166th, Hitchens of the 161st and others:

A RESOLUTION recognizing and commending St. Joseph's/Candler Health System of Savannah, Georgia, and inviting President and CEO Mr. Paul P. Hinchey to be recognized by the House of Representatives; and for other purposes.

HR 80. By Representatives Gardner of the 57th, Stephens of the 164th, Pruett of the 149th, Fludd of the 64th, Taylor of the 79th and others:

A RESOLUTION recognizing and commending the Georgia Aerospace Industry for its significant beneficial impact to the people and economy of

TUESDAY, JANUARY 29, 2013

135

the State of Georgia and invite Donald Mitchell, Co-Chair of Georgia Aerospace Policy Working Group, and Chance McColl, Co-Chair of Georgia Aerospace Policy Working Group, to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 81.

By Representatives Gardner of the 57th, Stephens of the 164th, Pruett of the 149th, Fludd of the 64th, Taylor of the 79th and others:

A RESOLUTION recognizing and commending the Georgia Aerospace Industry for its significant beneficial impact to the people and economy of the State of Georgia; and for other purposes.

HR 82.

By Representatives Pak of the 108th, Harrell of the 106th, Watson of the 166th, Ramsey of the 72nd, Chandler of the 105th and others:

A RESOLUTION honoring the life and memory of Fred Toyosaburo Korematsu; and for other purposes.

HR 83. By Representative Brooks of the 55th:

A RESOLUTION recognizing Ann's Snack Bar as a local treasure; and for other purposes.

HR 84. By Representative Brooks of the 55th:

A RESOLUTION honoring the life and memory of Joseph L. Hammonds; and for other purposes.

HR 85. By Representative Brooks of the 55th:

A RESOLUTION honoring the life and memory of Eugene Patterson; and for other purposes.

HR 86. By Representative Brooks of the 55th:

A RESOLUTION honoring the life and memory of Walter Lee Hill, Jr.; and for other purposes.

136

JOURNAL OF THE HOUSE

HR 87. HR 88. HR 89. HR 90.
HR 91. HR 92. HR 93. HR 94.

By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Winston MacArthur Strickland; and for other purposes.
By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Mr. Maceo Antonio Horne, Jr.; and for other purposes.
By Representative Brooks of the 55th:
A RESOLUTION honoring the life and memory of Reverend R.B. Cottonreader, Jr.; and for other purposes.
By Representatives Holt of the 112th, England of the 116th, Welch of the 110th, Rutledge of the 109th, Dickerson of the 113th and others:
A RESOLUTION recognizing and commending Mr. Mort Ewing on his outstanding service as Newton County Commissioner; and for other purposes.
By Representatives Holt of the 112th and Williams of the 119th:
A RESOLUTION congratulating Mr. and Mrs. Bill and Camille Ronay on the occasion of their 40th wedding anniversary on December 1, 2012; and for other purposes.
By Representatives Dickey of the 140th, Harden of the 148th, Bentley of the 139th and Rynders of the 152nd:
A RESOLUTION commending the Georgia Peach Festival and the 2012 Georgia Peach Queens; and for other purposes.
By Representative Jones of the 53rd:
A RESOLUTION recognizing and commending the Young Adult Guidance Center, Inc.; and for other purposes.
By Representatives Jones of the 53rd and Brooks of the 55th:
A RESOLUTION expressing regret at the passing of Mrs. Lugenia Byse Alridge; and for other purposes.

TUESDAY, JANUARY 29, 2013

137

HR 95. By Representatives Thomas of the 56th and Brooks of the 55th:

A RESOLUTION honoring the life and memory of Mrs. Margaret Dabney Jackson; and for other purposes.

HR 96. By Representatives Mabra of the 63rd, Gasaway of the 28th, Duncan of the 26th, Brockway of the 102nd, Lumsden of the 12th and others:

A RESOLUTION recognizing and commending the Georgia Institute of Technology Yellow Jacket football team; and for other purposes.

HR 97. By Representatives Gasaway of the 28th and Rogers of the 10th:

A RESOLUTION honoring the life and memory of Morris Frady; and for other purposes.

HR 98.

By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Willard of the 51st, Kidd of the 145th, Carson of the 46th and others:

A RESOLUTION honoring the life and memory of Larry Cleo Morris; and for other purposes.

HR 99. By Representatives Dudgeon of the 25th, Gardner of the 57th and Cooper of the 43rd:

A RESOLUTION recognizing January 30, 2013, as Amyotrophic Lateral Sclerosis Awareness Day at the capitol; and for other purposes.

HR 100. By Representatives Henson of the 86th and Drenner of the 85th:

A RESOLUTION recognizing and commending Michael Conrad Hidalgo; and for other purposes.

HR 101. By Representatives Brooks of the 55th, Bruce of the 61st, Kaiser of the 59th, Beasley-Teague of the 65th, Jones of the 53rd and others:

A RESOLUTION honoring the life and memory of Lillian Miles Lewis; and for other purposes.

HR 102. By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Willard of the 51st, Riley of the 50th and Kidd of the 145th:

138

JOURNAL OF THE HOUSE

A RESOLUTION honoring the life and memory of Kimberly A. Warden Rary; and for other purposes.
HR 103. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Buckner of the 137th and Pezold of the 133rd:
A RESOLUTION recognizing and commending Maggie Parrish Williams; and for other purposes.
HR 104. By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Riley of the 50th, Carson of the 46th, Willard of the 51st and others:
A RESOLUTION honoring the life and memory of Rachel Fowler; and for other purposes.
HR 105. By Representatives Stephens of the 164th, Houston of the 170th, Hatchett of the 150th, Parrish of the 158th and Atwood of the 179th:
A RESOLUTION commending the Georgia Economic Developers Association on 50 years of building Georgia; and for other purposes.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 77 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 77. By Representatives Shaw of the 176th, Watson of the 172nd, Holmes of the 129th, Black of the 174th, Houston of the 170th and others:
A RESOLUTION recognizing the importance of establishing a Georgia Grown Trail: 37 and inviting representatives from Georgia Grown Trail: 37 to be recognized by the House of Representatives; and for other purposes.
Pursuant to HR 68, the House recognized January 29, 2013, as National Guard Day at the capitol and invited the Georgia National Guard to be recognized by the House of Representatives.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

TUESDAY, JANUARY 29, 2013

139

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 50. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.
Representative O'Neal of the 146th moved that the House stand in recess until 2:00 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 2:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

140

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Wednesday, January 30, 2013

Seventh Legislative Day

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

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

Abrams Allison Atwood Ballinger Barr Battles E Beasley-Teague E Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Chandler Channell Chapman Cheokas Clark, V Coleman Cooke

Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, J E Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Greene

Hamilton Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Martin Maxwell

Mayo McCall Meadows Mitchell Morris Nimmer Nix Oliver O'Neal Parrish E Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sheldon

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

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

Representatives Alexander of the 66th, Anderson of the 92nd, Bruce of the 61st, Casas of the 107th, Clark of the 98th, Epps of the 132nd, Floyd of the 99th, Gravley of the 67th, Gregory of the 34th, Harbin of the 122nd, Houston of the 170th, Jacobs of the 80th, Jordan of the 77th, Marin of the 96th, Morgan of the 39th, Mosby of the 83rd,

WEDNESDAY, JANUARY 30, 2013

141

Murphy of the 127th, Neal of the 2nd, Pak of the 108th, Randall of the 142nd, Smyre of the 135th, Stephenson of the 90th, and Stovall of the 74th.
They wished to be recorded as present.
Prayer was offered by Chaplain Derrick Moore, Fellowship of Christian Athletes at Georgia Tech, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334
January 30, 2013
Dear Mr. Clerk,
Please mark me as excused for session on Tuesday, January 29th. Please reflect this request in the journal.
Thank you for your assistance.
/s/ Alisha T. Morgan Representative Alisha Morgan
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.

142

JOURNAL OF THE HOUSE

3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 129. By Representative Knight of the 130th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 130. By Representative Knight of the 130th:
A BILL to be entitled an Act to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain definitions regarding such machines; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 131. By Representatives Clark of the 101st, Coleman of the 97th, Kaiser of the 59th, Jones of the 47th, Taylor of the 173rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.

WEDNESDAY, JANUARY 30, 2013

143

HB 132. By Representatives Hawkins of the 27th, Rogers of the 29th, Watson of the 166th, Channell of the 120th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 and Chapter 11 of Title 43 of the O.C.G.A., relating to pharmacists and pharmacies and dentists, dental hygienists, and dental assistants, respectively, so as to provide that the Georgia State Board of Pharmacy and the Georgia Board of Dentistry are transferred from being administratively attached from the Secretary of State to the Department of Community Health; to provide for the powers and duties of each board; to authorize each board to employ an executive director; to provide for the powers and duties of such executive directors; to provide for additional powers of the Georgia Drugs and Narcotics Agency; to provide for a census of dentists and dental hygienists; to revise provisions relating to qualifications of applicants to practice dentistry; to provide for notice of felonies by licensees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 133. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Chapter 9 of Title 44 of the Official Code of Georgia Annotated, relating to property easements, so as to provide for rights of way across private land for the purpose of access to cemetery sites; to provide definitions; to establish notice procedures; to provide for immunity from liability for landowners; to provide a cause of action; to amend Code Section 36-72-4 of the Official Code of Georgia Annotated, relating to permits required for developing land on which a cemetery is located, so as to prevent certain activities on cemeteries and burial sites without a permit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 134. By Representatives Smith of the 134th and Parsons of the 44th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that net capital gains shall be excluded from state taxable income of corporations and individuals; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

144

JOURNAL OF THE HOUSE

Referred to the Committee on Ways & Means.
HB 135. By Representatives Welch of the 110th, Willard of the 51st, Lindsey of the 54th, Powell of the 171st, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, so as to provide that such notices shall specify the amount of damages sought; to provide for service of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 136. By Representatives Oliver of the 82nd, Thomas of the 100th, Evans of the 42nd, Buckner of the 137th and Gardner of the 57th:
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, so as to regulate the surface storage and disposal of coal combustion waste; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 137. By Representatives Willard of the 51st, Golick of the 40th and Rice of the 95th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to provide for the sale and delivery or shipment of gift baskets containing wine; to provide for a definition; to provide for the issuance of gift basket retail licenses; to provide for an occupational license tax for each place of business; to provide for rules and regulations to be adopted by the state revenue commissioner governing the delivery and shipment of gift baskets containing wine and gift basket retail licenses; to provide for revocation of the gift basket retail license under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 138. By Representatives Welch of the 110th, Ramsey of the 72nd, Atwood of the 179th, Jones of the 47th, Allison of the 8th and others:

WEDNESDAY, JANUARY 30, 2013

145

A BILL to be entitled an Act to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, so as to provide for legislative findings; to prohibit the use of electronic benefit transfer cards in certain retail establishments; to prohibit the use of electronic benefit transfer cards by recipients for certain purposes; to provide for reports of suspected abuse; to provide for investigations; to provide for sanctions; to provide for rules and regulations; to provide for revisions to the state plan; to provide for a report; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 139. By Representatives Hamilton of the 24th, Carter of the 175th, Powell of the 32nd, Talton of the 147th, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding sheriffs, so as to revise the general qualification requirements for sheriffs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 140. By Representatives Ehrhart of the 36th, Casas of the 107th and Jasperse of the 11th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the O.C.G.A., relating to local boards of education, so as to provide for teacher enrichment contributions to public schools; to provide for requirements and limitations regarding such contributions; to amend Chapter 2A of Title 20 of the O.C.G.A., relating to student scholarship organizations, so as to revise requirements for student scholarship programs; to revise the requirements for a student to be eligible for a scholarship under the program; to revise information required to be posted by the Department of Revenue; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to the imposition, rate, and computation of income taxes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 141. By Representatives Lindsey of the 54th, Morgan of the 39th and Brockway of the 102nd:

146

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Department of Public Safety to develop and post the model notice on its website; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 144. By Representatives Kirby of the 114th, Peake of the 141st, Sheldon of the 104th, Dutton of the 157th, Jasperse of the 11th and others:
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

WEDNESDAY, JANUARY 30, 2013

147

relations, so as to provide for public policy declaring Georgia a free-to-work state; to provide for the right to employment without retribution for refusal to join or affiliate with a labor union or other employee organization; to provide for the development by the Department of Labor of information regarding employees' rights to work free from such retribution; to provide for penalties and enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 145. By Representatives Weldon of the 3rd, Willard of the 51st and Welch of the 110th:
A BILL to be entitled an Act to amend Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior and to keep the peace, so as to provide for application and notice to appear for a show cause hearing; to provide for a hearing; to provide for bonds; to provide for costs; to provide for the issuance of a prehearing arrest warrant; to repeal provisions relating to a bond against a spouse; to provide for a bond for good behavior; to provide for remedy for violation of bond; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 146. By Representatives Weldon of the 3rd, Willard of the 51st and Mabra of the 63rd:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the issuance of arrest and search warrants by video conference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 147. By Representative McCall of the 33rd:
A BILL to be entitled an Act to amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), so as to change the description of the election districts; to provide 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

148

JOURNAL OF THE HOUSE

preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 5. By Representatives Caldwell of the 20th and Pezold of the 133rd:

A RESOLUTION proposing an amendment to the Constitution so as to provide term limits for members of the Senate and members of the House of Representatives; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Governmental Affairs.

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

HB 28 HB 112 HB 114 HB 116 HB 118 HB 120 HB 122 HB 124 HB 126 HB 128 HR 72 HR 74 HR 76

HB 29 HB 113 HB 115 HB 117 HB 119 HB 121 HB 123 HB 125 HB 127 HR 71 HR 73 HR 75

Representative Carter of the 175th 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 24 Do Pass

WEDNESDAY, JANUARY 30, 2013

149

Respectfully submitted, /s/ Carter of the 175th
Chairman
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 25. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners; to repeal conflicting laws; and for other purposes.
SB 26. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 27. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, so as to provide for the nonpartisan election of the judge of said court; 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.
SB 29. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the Magistrate Court of Bibb County shall be nonpartisan elections; to provide for submission of this Act for preclearance

150

JOURNAL OF THE HOUSE

under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 30. By Senators Staton of the 18th and Jones of the 25th:
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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4932), so as to provide for the nonpartisan election of members comprising the board of education; 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.
SB 31. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), so as to provide for nonpartisan election for the members of such authority; to provide for federal preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 32. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Bibb County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committee:
SB 25. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 30, 2013

151

Referred to the Committee on Intragovernmental Coordination.
SB 26. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
SB 27. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, so as to provide for the nonpartisan election of the judge of said court; 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.
Referred to the Committee on Intragovernmental Coordination.
SB 29. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the Magistrate Court of Bibb County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
SB 30. By Senators Staton of the 18th and Jones of the 25th:
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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4932), so as to provide for the nonpartisan election of members comprising the board of education; 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.

152

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination.
SB 31. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), so as to provide for nonpartisan election for the members of such authority; to provide for federal preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
SB 32. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Bibb County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 119th, Pak of the 108th, Kidd of the 145th, Black of the 174th, Epps of the 144th, Dudgeon of the 25th, and Williamson of the 115th.
Pursuant to HR 66, the House commended and recognized Roosevelt's Little White House State Historic Site on the 131st anniversary of President Franklin D. Roosevelt's birthday and invited the site manager and staff to be recognized by the House of Representatives.
Pursuant to HR 40, the House recognized student leaders at Georgia Tech and welcomed them for Georgia Tech Student Day at the Capitol.
Pursuant to HR 106, the House recognized January 30, 2013, as USS Georgia Day.
The following Resolutions of the House were read and referred to the Committee on Rules:

WEDNESDAY, JANUARY 30, 2013

153

HR 109. By Representatives Jasperse of the 11th, Smith of the 134th, Allison of the 8th, Harden of the 148th, Kelley of the 16th and others:

A RESOLUTION recognizing the 4-H Clubs of Georgia and inviting Ms. Tifara Brown, Mr. Arch D. Smith, and the 2012-2013 4-H Leadership Team to be recognized by the House of Representatives; and for other purposes.

HR 110. By Representatives Harbin of the 122nd, Sims of the 123rd, Howard of the 124th, Murphy of the 127th, Frazier of the 126th and others:

A RESOLUTION recognizing the Medical College of Georgia at Georgia Regents University's 185th anniversary and inviting students to be recognized by the House of Representatives; and for other purposes.

HR 111. By Representatives McCall of the 33rd and England of the 116th:

A RESOLUTION recognizing January 29, 2013, as Tourism & Hospitality Day at the state capitol and inviting members of the Georgia Agritourism Association to be recognized by the House of Representatives; and for other purposes.

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

HR 29 HR 79

Do Pass Do Pass

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

HR 29. By Representatives Burns of the 159th, Stephens of the 164th, Parrish of the 158th, Tankersley of the 160th, England of the 116th and others:

A RESOLUTION recognizing and commending the Screven County Development Authority on the 50th anniversary of the signing of the legislation that created the development authority and inviting its members to be recognized by the House of Representatives; and for other purposes.

HR 79.

By Representatives Gordon of the 163rd, Stephens of the 165th, Bryant of the 162nd, Watson of the 166th, Hitchens of the 161st and others:

154

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending St. Joseph's/Candler Health System of Savannah, Georgia, and inviting President and CEO Mr. Paul P. Hinchey to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 106. By Representatives Yates of the 73rd, Spencer of the 180th, Black of the 174th, Atwood of the 179th, Willard of the 51st and others:
A RESOLUTION recognizing January 30, 2013, as USS Georgia Day; and for other purposes.
HR 112. By Representatives Waites of the 60th, Scott of the 76th, Gardner of the 57th, Kaiser of the 59th and Bell of the 58th:
A RESOLUTION recognizing and commending the Center for Women Policy Studies and its work to address the impact of HIV/AIDS on women and girls; and for other purposes.
HR 113. By Representatives Lindsey of the 54th, Allison of the 8th and Houston of the 170th:
A RESOLUTION recognizing the Georgia Commission on Family Violence; and for other purposes.
HR 114. By Representatives Lindsey of the 54th, Golick of the 40th, Ramsey of the 72nd, Kelley of the 16th, Thomas of the 100th and others:
A RESOLUTION honoring the Georgia State College of Law for winning the National Trial Advocacy Mock Trial Competition; and for other purposes.
HR 115. By Representatives Wilkinson of the 52nd, Brooks of the 55th, Geisinger of the 48th, Willard of the 51st, Lindsey of the 54th and others:
A RESOLUTION honoring the life and memory of the Honorable Rodney Mims Cook, Sr.; and for other purposes.
HR 116. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th and Sharper of the 177th:

WEDNESDAY, JANUARY 30, 2013

155

A RESOLUTION commending Mr. Ashley Henderson, Valwood School's Head Football Coach, as the 2012 Coach of the Year; and for other purposes.
HR 117. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th, Sharper of the 177th, Strickland of the 111th and others:
A RESOLUTION recognizing and commending the Valdosta State University football team; and for other purposes.
HR 118. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th, Sharper of the 177th, Strickland of the 111th and others:
A RESOLUTION recognizing and commending the Blazers, Valdosta State University's outstanding softball team and 2012 National Champions; and for other purposes.
HR 119. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th, Sharper of the 177th and Hitchens of the 161st:
A RESOLUTION recognizing and commending Valdosta Chief of Police Frank Simons on the occasion of his retirement; and for other purposes.
HR 120. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th, Beasley-Teague of the 65th and Barr of the 103rd:
A RESOLUTION recognizing and commending Commissioner Deborah Keith Mack; and for other purposes.
HR 121. By Representatives Pak of the 108th, Harrell of the 106th, Chandler of the 105th, Thomas of the 100th, Floyd of the 99th and others:
A RESOLUTION commending the Trickum Middle School Academic Team for being crowned National Champions of the Academic National Championship; and for other purposes.
HR 122. By Representatives Cooper of the 43rd, Watson of the 166th, Clark of the 101st, Frazier of the 126th, Buckner of the 137th and others:
A RESOLUTION recognizing Wednesday, February 13, 2013, as Lupus Awareness Day; and for other purposes.
HR 123. By Representatives Frazier of the 126th, Howard of the 124th, Sharper of the 177th, Jackson of the 128th, Bruce of the 61st and others:

156

JOURNAL OF THE HOUSE

A RESOLUTION commending Harry Donald Carson; and for other purposes.
HR 124. By Representatives Frazier of the 126th, Howard of the 124th, Sharper of the 177th, Jackson of the 128th, Bruce of the 61st and others:
A RESOLUTION recognizing and commending Springfield Baptist Church on the occasion of its 225th anniversary; and for other purposes.
HR 125. By Representatives Frazier of the 126th, Howard of the 124th, Sharper of the 177th, Jackson of the 128th, Bruce of the 61st and others:
A RESOLUTION commending and recognizing Reverend Samuel Grant; and for other purposes.
HR 126. By Representatives Frazier of the 126th, Howard of the 124th, Sharper of the 177th, Jackson of the 128th, Bruce of the 61st and others:
A RESOLUTION honoring and celebrating the 88 years of life of Mrs. Eliza Hankerson Walker; and for other purposes.
HR 127. By Representatives Frazier of the 126th, Howard of the 124th, Sharper of the 177th, Jackson of the 128th, Bruce of the 61st and others:
A RESOLUTION honoring and celebrating the 84th birthday of Deacon Hilliard Baker; and for other purposes.
HR 128. By Representatives Frazier of the 126th, Howard of the 124th, Sharper of the 177th, Jackson of the 128th, Bruce of the 61st and others:
A RESOLUTION honoring the life and memory of Denzell Raymone' Warthen; and for other purposes.
HR 129. By Representatives Frazier of the 126th, Howard of the 124th, Sharper of the 177th, Jackson of the 128th, Bruce of the 61st and others:
A RESOLUTION honoring and celebrating the 86th birthday of Mrs. Cynthia B. Mobley; and for other purposes.
HR 130. By Representatives Frazier of the 126th, Howard of the 124th, Sharper of the 177th, Jackson of the 128th, Bruce of the 61st and others:

WEDNESDAY, JANUARY 30, 2013

157

A RESOLUTION congratulating and commending the First Ebenezer Baptist Church of Hephzibah, Georgia, on its 201st anniversary; and for other purposes.
HR 131. By Representatives Lindsey of the 54th, Wilkinson of the 52nd and Golick of the 40th:
A RESOLUTION recognizing and commending Garrett Whitt Chapman; and for other purposes.
HR 132. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th and Sharper of the 177th:
A RESOLUTION recognizing and commending the Valwood School football team on their 2012 Georgia Independent School Association Class AA Football State Championship; and for other purposes.
HR 133. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th and Sharper of the 177th:
A RESOLUTION honoring the life and memory of Michael Synyard; and for other purposes.
HR 134. By Representatives Lindsey of the 54th, Willard of the 51st, Jones of the 47th and Oliver of the 82nd:
A RESOLUTION honoring the life and memory of Kimberly A. Warden Rary; and for other purposes.
HR 135. By Representatives Dempsey of the 13th, Jones of the 47th, Sims of the 123rd, Cooper of the 43rd, Kaiser of the 59th and others:
A RESOLUTION recognizing and commending the American Heart Association's Go Red For Women movement and recognizing Friday, February 1, 2013, as National Wear Red Day; and for other purposes.
HR 136. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th and Sharper of the 177th:
A RESOLUTION honoring the Student Mentoring in Life and Education (SMILE) program and its founder, Coach John Miller; and for other purposes.

158

JOURNAL OF THE HOUSE

HR 137. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th, Sharper of the 177th and Hitchens of the 161st:
A RESOLUTION recognizing and commending Mr. Ashley Paulk on the occasion of his retirement; and for other purposes.
HR 138. By Representatives Abrams of the 89th, Mosby of the 83rd, Stephenson of the 90th, Dawkins-Haigler of the 91st and Randall of the 142nd:
A RESOLUTION recognizing and commending Mrs. Tommie J. Johnson on the occasion of her retirement; and for other purposes.
HR 139. By Representative Smith of the 134th:
A RESOLUTION recognizing and commending Sam R. Cunningham; and for other purposes.
HR 140. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION recognizing and commending Sheriff Stan Evans on the occasion of his retirement; and for other purposes.
HR 141. By Representative Williamson of the 115th:
A RESOLUTION commending Georgia State Defense Force Command Sergeant Major George R. Garrett; and for other purposes.
HR 142. By Representative Williamson of the 115th:
A RESOLUTION recognizing and commending Bethel Baptist Church on the occasion of its 176th anniversary; and for other purposes.
HR 143. By Representative Ralston of the 7th:
A RESOLUTION commending the Judicial Council and the Administrative Office of the Courts on 40 years of developing and improving statewide court administration; and for other purposes.
Representative Golick of the 40th moved that the following Bill of the House be withdrawn from the Committee on Higher Education and recommitted to the Committee on Education:

WEDNESDAY, JANUARY 30, 2013

159

HB 70.

By Representatives Golick of the 40th, Coleman of the 97th, Setzler of the 35th, Lindsey of the 54th, Dudgeon of the 25th 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 deadlines for scholarship payments to parents; to provide for related matters; to repeal conflicting laws; and for other purposes.

The motion prevailed.

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

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

160

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, January 31, 2013

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 Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Black Braddock Broadrick E Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter E Casas Chandler Channell Chapman Clark, V Coleman Cooke

Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner E Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gravley

Greene Gregory Hamilton Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Jackson Jasperse Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Lindsey Lumsden Mabra Martin Maxwell

Mayo McCall Meadows Mitchell Morgan Morris Mosby E Murphy Nimmer Nix E Oliver O'Neal Pak Parrish E Parsons Peake Powell, A Powell, J Pruett Quick Ramsey Randall Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper

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

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

Representatives Benton of the 31st, Beverly of the 143rd, Cheokas of the 138th, Clark of the 98th, Epps of the 132nd, Harbin of the 122nd, Jacobs of the 80th, Knight of the 130th, Marin of the 96th, Pezold of the 133rd, Rice of the 95th, Smith of the 134th, Williams of the 168th, and Williamson of the 115th.

THURSDAY, JANUARY 31, 2013

161

They wished to be recorded as present.
Prayer was offered by Reverend Olin McBride, McDonough Presbyterian Church, McDonough, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 19. By Representatives Waites of the 60th and Floyd of the 99th:
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 in elementary and secondary education, so as to enact the "Dropout Deterrent Act"; to provide for a short title; to revise the age of mandatory education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

162

JOURNAL OF THE HOUSE

HB 33. By Representative Smith of the 125th:
A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to mandate incarceration for a first conviction of driving under the influence of alcohol, drugs, or other intoxicating substances; to provide for a short title; to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and earned time allowances, so as to prohibit earned time allowances for a first conviction of driving under the influence of alcohol, drugs, or other intoxicating substances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 148. By Representatives Alexander of the 66th and Wilkerson of the 38th:
A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement of taxation, so as to provide for a short title; to provide for definitions; to provide for an actuarial investigation and a legislative procedure for review and perfection of all bills proposing tax exemptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 149. By Representatives Kendrick of the 93rd, Sharper of the 177th, Mayo of the 84th, Fludd of the 64th, Marin of the 96th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the O.C.G.A., relating to general provisions regarding labor and industrial relations, so as to prohibit employers from requesting or requiring that an employee or applicant for employment disclose a username or password for the purpose of accessing personal social media; to prohibit employers from requesting or requiring that an employee or applicant access personal social media in the presence of the employer; to prohibit an employer from taking adverse action against an employee or applicant for employment for not complying with such a request or demand; to provide for definitions; to provide for exceptions; to provide for a civil cause of action; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.

THURSDAY, JANUARY 31, 2013

163

HB 150. By Representatives Bruce of the 61st, Pruett of the 149th, Roberts of the 155th, Burns of the 159th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10, Chapter 1 of Title 35, Article 4 of Chapter 18 of Title 50, and Title 51 of the O.C.G.A., relating to selling and other trade practices, general provisions for law enforcement officers and agencies, inspection of public records, and torts, respectively, so as to enact provisions relating to the reproduction of arrest booking photographs; to require law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to prohibit the use of an individual's persona for commercial purposes without authorization; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 151. By Representatives Williams of the 168th and Glanton of the 75th:
A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the state accounting office, so as to direct the state accounting officer to pay state obligations to vendors within a certain time period; to provide that, if such payments are not made within the time specified, the state will owe interest equal to 12 percent per annum; to provide for information from state agencies; to provide for promulgation of rules and regulations; to provide for an effective date; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 152. By Representatives Bentley of the 139th and Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to verification requirements for lawful presence within the United States, procedures, conditions, exceptions, regulations, and criminal and other penalties for violations, so as to no longer require an applicant for a public benefit or license who has clearly established his or her United States citizenship to repeatedly establish his or her citizenship for the same benefit or license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

164

JOURNAL OF THE HOUSE

HB 153. By Representatives Carson of the 46th, Golick of the 40th, Stephens of the 164th, Dudgeon of the 25th, Riley of the 50th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, so as to allow such taxes to be imposed at a rate of less than 1 percent; to provide for the simultaneous levy of more than one tax under such part if the combined rate of such taxes does not exceed 1 percent; to change the beginning date for imposition of a tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 154. By Representatives Hamilton of the 24th, Pruett of the 149th, Kirby of the 114th, Lindsey of the 54th, Fleming of the 121st and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to provide for a limitation period on medical benefits; to provide for changes related to reimbursement of mileage charges; to provide for changes related to interest on lump sum payments of compensation; to provide for changes related to benefits for attempting work; to increase the compensation benefits for total disability and temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th:
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 revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 156. By Representatives Neal of the 2nd, Atwood of the 179th, Nix of the 69th, Hitchens of the 161st and Hightower of the 68th:

THURSDAY, JANUARY 31, 2013

165

A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, so as to clarify certain acts amounting to unlawfully seducing, soliciting, luring, or enticing a child through use of a computer online service, Internet service, or similar service, to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 157. By Representatives Neal of the 2nd, Nix of the 69th, Braddock of the 19th, Powell of the 32nd, Dickerson of the 113th and others:
A BILL to be entitled an Act to amend Code Section 16-12-81 of the Official Code of Georgia Annotated, relating to the unsolicited distribution of material depicting nudity or sexual conduct and penalties, so as to clarify the application of the offense of unlawful distribution of material depicting nudity or sexual conduct to unsolicited materials distributed through electronic transmissions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 158. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Williams of the 168th and Meadows of the 5th:
A BILL to be entitled an Act to amend Code Section 27-2-1 of the Official Code of Georgia Annotated, relating to general license requirements for hunting, trapping, and fishing, so as to allow registered boat owners to hunt and fish without a license on certain days; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 159. By Representatives Harrell of the 106th, Knight of the 130th, England of the 116th, Powell of the 171st, Battles of the 15th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that property tax bills shall not include any nontax related fees or assessments; to provide for

166

JOURNAL OF THE HOUSE

applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 160. By Representatives Jacobs of the 80th, Welch of the 110th, Oliver of the 82nd, Lindsey of the 54th, Weldon of the 3rd 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 to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a future conveyance except under limited circumstances; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 161. By Representatives Atwood of the 179th, Willard of the 51st, Fleming of the 121st, Hightower of the 68th, Pak of the 108th and others:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to change provisions relating to the oath of bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 162. By Representatives Jones of the 53rd and Scott of the 76th:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require public schools to provide parents or guardians of sixth grade students information concerning human papillomavirus including the availability of a vaccination against such virus; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

THURSDAY, JANUARY 31, 2013

167

HB 163. By Representatives Jones of the 53rd and Scott of the 76th:
A BILL to be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to provide that each professional licensing board shall waive licensing fees for military veterans; to provide for an application; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 164. By Representatives Atwood of the 179th, Peake of the 141st, Smyre of the 135th, Knight of the 130th, Gordon of the 163rd and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to eliminate the sunset from the exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 165. By Representatives Dukes of the 154th and Henson of the 86th:
A BILL to be entitled an Act to establish the "Georgia Buy American Act"; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to provide a short title; to define certain terms; to provide for a preference for the purchase of products made or produced in the United States; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes
Referred to the Committee on Governmental Affairs.
HB 166. By Representatives Bruce of the 61st and Anderson of the 92nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to enact the "Parent Protection Act"; to provide for leave for employees to attend school conferences and medical appointments; to provide for definitions; to provide for conditions to take

168

JOURNAL OF THE HOUSE

leave; to provide for annual notification; to provide for statutory construction; to provide that retaliatory actions are unlawful; to provide for a remedy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 167. By Representatives Drenner of the 85th, Bennett of the 94th, Henson of the 86th, Fullerton of the 153rd, Frazier of the 126th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, so as to provide for a short title; to provide for an income tax credit for energy costs of certain families; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 107. By Representatives Sheldon of the 104th, Rynders of the 152nd, Channell of the 120th, Parrish of the 158th, Cooper of the 43rd and others:
A RESOLUTION creating the Joint Study Committee on Medicaid Reform; and for other purposes.
Referred to the Committee on Appropriations.
HR 108. By Representatives Duncan of the 26th, Lindsey of the 54th, Jones of the 47th, Ramsey of the 72nd, Kelley of the 16th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that where local, state, or federal law requires elections for public office or public votes on initiatives or referendums, or requires designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

THURSDAY, JANUARY 31, 2013

169

HB 129 HB 131 HB 133 HB 135 HB 137 HB 139 HB 141 HB 143 HB 145 HB 147 SB 25 SB 27 SB 30 SB 32

HB 130 HB 132 HB 134 HB 136 HB 138 HB 140 HB 142 HB 144 HB 146 HR 5 SB 26 SB 29 SB 31

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

Mr. Speaker:

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

HB 86 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 THURSDAY, JANUARY 31, 2013

Mr. Speaker and Members of the House:

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

170

JOURNAL OF THE HOUSE

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

HB 55 HB 57

Wiretapping; interception of wire or oral transmissions by law enforcement; change provisions (Substitute)(JudyNC-Golick-40th) Controlled substances; definition of Schedule I; expand (JudyNC-Ramsey72nd)

Structured Rule

None

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

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

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

HB 86. By Representatives Channell of the 120th and Kidd of the 145th:

A BILL to be entitled an Act to amend an Act to provide for compensation for the judge of the State Court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1996, p. 3721), so as to change the compensation for the judge of the State Court of Putnam County and the solicitor-general of the State Court of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, JANUARY 31, 2013

171

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 Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick E Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Coomer Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley
Jackson Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Williams, E 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.

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

Representatives Stovall of the 74th, Maxwell of the 17th, Braddock of the 19th, Alexander of the 66th, Gravley of the 67th, Meadows of the 5th, Jones of the 62nd,

172

JOURNAL OF THE HOUSE

Coomer of the 14th, Smyre of the 135th, Smith of the 134th, Ehrhart of the 36th, Morgan of the 39th, Carson of the 46th, Knight of the 130th, Mosby of the 83rd, Wilkerson of the 38th, Kendrick of the 93rd, Bennett of the 94th, Houston of the 170th, Powell of the 171st, and Watson of the 172nd.
Pursuant to HR 29, the House recognized and commended the Screven County Development Authority on the 50th anniversary of the signing of the legislation that created the development authority and invited its members to be recognized by the House of Representatives.
Pursuant to HR 79, the House recognized and commended St. Joseph's/Candler Health System of Savannah, Georgia, and invited President and CEO Mr. Paul P. Hinchey to be recognized by the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 55. By Representatives Golick of the 40th, Ramsey of the 72nd, Atwood of the 179th, Pak of the 108th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change provisions relating to interception of wire or oral transmissions by law enforcement officers; to change provisions relating to the application and issuance of orders authorizing installation and use of pen register and trap and trace device; 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 Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change provisions relating to interception of wire or oral transmissions by law enforcement officers; to change provisions relating to the application and issuance of orders authorizing installation and use of pen register and trap and trace device; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, JANUARY 31, 2013

173

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, is amended by revising subsection (c) of Code Section 16-11-64, relating to interception of wire or oral transmissions by law enforcement officers, as follows:
"(c) Upon written application, under oath, of the prosecuting district attorney having jurisdiction over prosecution of the crime under investigation, or the Attorney General, made before a judge of superior court having jurisdiction over the crime under investigation, said such court may issue an investigation warrant permitting the use of such a device, as defined in Code Section 16-11-60, for the surveillance of such a person or place to the extent the same is consistent with and subject to the terms, conditions, and procedures provided for by Chapter 119 of Title 18 of the United States Code Annotated, as amended 18 U.S.C. Chapter 119. Such warrant shall have statewide application and interception of communications shall be permitted in any location in this state."
SECTION 2. Said part is further amended by revising Code Section 16-11-64.1, relating to the application and issuance of orders authorizing installation and use of pen register and trap and trace device, as follows:
"16-11-64.1. Any district attorney having jurisdiction over the prosecution of the crime under investigation or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a judge of the superior court of the same judicial circuit as the district attorney, or, in the case of the Attorney General, in any judicial circuit; and said such court is shall be authorized to enter an order authorizing the use of a pen register or a trap and trace device, to the extent the same is consistent with and permitted by the laws of the United States. Such order shall have state-wide application and the interception by use of a pen register or trap and trace device shall be permitted in any location in this state."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

174

JOURNAL OF THE HOUSE

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

Y Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Y Beverly Y Black Y Braddock Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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 Golick of the 40th asked unanimous consent that HB 55 be immediately transmitted to the Senate.

It was so ordered.

THURSDAY, JANUARY 31, 2013

175

HB 57.

By Representatives Ramsey of the 72nd, Golick of the 40th, Cooke of the 18th, Hightower of the 68th, Gravley of the 67th and others:

A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to expand the definition of Schedule I controlled substances; 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 Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

176

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Knight of the 130th moved that the following Bill of the House be withdrawn from the Committee on Banks & Banking and recommitted to the Committee on Small Business Development:
HB 83. By Representatives Knight of the 130th, Clark of the 98th, Teasley of the 37th, Pezold of the 133rd and Braddock of the 19th:
A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mortgage brokers, so as to exempt licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 147. By Representatives Gardner of the 57th, Oliver of the 82nd, Bell of the 58th and Mosby of the 83rd:
A RESOLUTION recognizing and commending Dr. Nadine Kaslow and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 148. By Representatives Ramsey of the 72nd, Fludd of the 64th and Mabra of the 63rd:
A RESOLUTION recognizing and congratulating the McIntosh High School Lady Chiefs soccer team of Fayette County for winning the Class AAAAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 149. By Representatives Holmes of the 129th and Yates of the 73rd:
A RESOLUTION recognizing and commending William Arthur Connelly on his significant accomplishments and inviting him to be recognized by the House of Representatives; and for other purposes.

THURSDAY, JANUARY 31, 2013

177

HR 150. By Representatives Jones of the 47th, Golick of the 40th, Ramsey of the 72nd, Maxwell of the 17th, Thomas of the 56th and others:
A RESOLUTION commending Georgia State University; recognizing February 6, 2013, as Georgia State University Day at the state capitol; and inviting President Mark Becker and students Marcus Kernizan, Eric McGhee, Shelby Lohr, and Kelsey Spinks to be recognized by the House of Representatives; and for other purposes.
HR 151. By Representatives Rogers of the 29th, Casas of the 107th, Dempsey of the 13th, Ehrhart of the 36th, Carter of the 175th and others:
A RESOLUTION commending LaNette Holloman and inviting her to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 152. By Representative Drenner of the 85th:
A RESOLUTION congratulating Bishop William "Bill" C. Harris on his 70th birthday; and for other purposes.
HR 153. By Representatives Powell of the 32nd, Ralston of the 7th, O`Neal of the 146th, Atwood of the 179th, Taylor of the 173rd and others:
A RESOLUTION honoring and commending the firefighters of Georgia and recognizing February 5, 2013, as the 41st annual Firefighters Appreciation Day at the capitol; and for other purposes.
HR 154. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th and Sharper of the 177th:
A RESOLUTION recognizing and celebrating 40 years of Dance Arts with Linda Chase; and for other purposes.
HR 155. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th and Sharper of the 177th:
A RESOLUTION recognizing and commending the Valdosta-Lowndes County Chamber of Commerce; and for other purposes.
HR 156. By Representatives Howard of the 124th, Murphy of the 127th, Smith of the 125th and Frazier of the 126th:

178

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Angela Crosby on the occasion of her retirement; and for other purposes.

HR 157. By Representatives Buckner of the 137th, Jones of the 47th, Abrams of the 89th, Clark of the 101st, Hugley of the 136th and others:

A RESOLUTION recognizing February 12, 2013, as Girl Scouts Day at the capitol; and for other purposes.

HR 158. By Representatives Coomer of the 14th, Meadows of the 5th, Battles of the 15th, Wilkinson of the 52nd, Willard of the 51st and others:

A RESOLUTION recognizing and commending the Etowah Valley Young Marines unit; and for other purposes.

The following communications were received:

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 1ST CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 1ST CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 1st Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 6, 2013, at 3:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 1st Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 1st Congressional District are eligible to participate in said caucus.

THURSDAY, JANUARY 31, 2013

179

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 2ND CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 2ND CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 2nd Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 6, 2013, at 4:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 2nd Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 2nd Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

180

JOURNAL OF THE HOUSE

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 5TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 5TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 5th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 7, 2013, at 3:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 5th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 5th Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 6TH CONGRESSIONAL DISTRICT

THURSDAY, JANUARY 31, 2013

181

RE:

CAUCUS TO ELECT 6TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 6th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 7, 2013, at 2:00 P.M.

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

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 8TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 8TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 8th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 6, 2013, at 2:00 P.M.

182

JOURNAL OF THE HOUSE

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

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 9TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 9TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 9th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 12, 2013, at 2:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 9th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 9th Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

THURSDAY, JANUARY 31, 2013

183

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 10TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 10TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 10th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 12, 2013, at 4:00 P.M.

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

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 13TH CONGRESSIONAL DISTRICT

184

JOURNAL OF THE HOUSE

RE:

CAUCUS TO ELECT 13TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 13th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 7, 2013, at 4:00 P.M.

Members of the Senate from those senatorial districts embraced or partly embraced within the 13th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 13th Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 28, 2013

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 14TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 14TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 14th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on February 12, 2013, at 3:00 P.M.

THURSDAY, JANUARY 31, 2013

185

Members of the Senate from those senatorial districts embraced or partly embraced within the 14th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 14th Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd
Representative O'Neal of the 146th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

186

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Friday, February 1, 2013

Ninth Legislative Day

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

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

Abrams Alexander Allison E Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell E Bennett Bentley Benton E Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J

Clark, V Coleman Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Dutton Ehrhart England Epps, J Evans Fleming Fludd Frazier Frye Gasaway Geisinger Glanton Gordon Gravley Greene

Gregory E Hamilton
Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kidd Kirby E Knight Lindsey Lumsden Mabra Marin E Martin Maxwell

McCall Meadows Mitchell Morgan Mosby E Murphy Neal Nimmer Nix E Oliver O'Neal Pak Parrish Peake Pezold Powell, A E Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts E Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon

Sims, B Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stephenson Stovall Strickland Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Epps of the 132nd, Gardner of the 57th, Golick of the 40th, Jacobs of the 80th, Jordan of the 77th, Kendrick of the 93rd, Mayo of the 84th, Morris of the 156th, Parsons of the 44th, Sims of the 169th, Smyre of the 135th, and Talton of the 147th.

FRIDAY, FEBRUARY 1, 2013

187

They wished to be recorded as present.
Prayer was offered by Reverend Marlin D. Harris, Pastor, New Life Church, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334
To: Robbie Rivers, Clerk of the House
From: Rep. Dar'shun Kendrick (House District 93)
Date: February 1, 2013
I request that a "yes" vote be marked for the two bills (HB 55 and HB 57) that were taken for a vote on January 31, 2013 that I inadvertently missed, although I was in attendance.
Thank you
/s/ Dar'shun Rep. Dar'shun Kendrick
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.

188

JOURNAL OF THE HOUSE

4. Reports of Standing Committees.

5. Third reading and passage of Local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

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

HB 26.

By Representatives Gregory of the 34th, Spencer of the 180th, Caldwell of the 20th, Braddock of the 19th, Yates of the 73rd and others:

A BILL to be entitled an Act to provide a short title; to provide for legislative findings; to amend Article 1 of Chapter 3 of Title 12 of the O.C.G.A., relating to general provisions regarding parks, historic areas, memorials, and recreation; to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to carrying and possession of firearms; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the O.C.G.A., relating to transportation passenger safety; to amend Title 27 of the O.C.G.A., relating to game and fish; to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the O.C.G.A., relating to parking for persons with disabilities, so as to revise certain laws regarding the carrying of firearms; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 168. By Representatives Fullerton of the 153rd and Mabra of the 63rd:

A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to government purchasing, so as to modify provisions relating to contractual and purchasing preferences for Georgia service providers and certain supplies, materials, equipment, and agricultural products grown, manufactured, or produced in this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

FRIDAY, FEBRUARY 1, 2013

189

HB 169. By Representatives Stovall of the 74th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to local governments, so as to modify the requirements relating to verification of lawful residency by applicants of business licenses and private employers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 170. By Representatives Jones of the 47th, Lindsey of the 54th, Martin of the 49th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to provide tax relief for Fulton County; to impose a cap on certain millage rates imposed by Fulton County; to provide for future millage rate increases; to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a two-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 171. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 188081, p. 508), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for the continuation in office of current members; to provide for qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

190

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 172. By Representatives Martin of the 49th, Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to provide that all future employees of Fulton County shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 173. By Representatives Tankersley of the 160th, Black of the 174th, Shaw of the 176th, Holmes of the 129th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the imposition of the county special purpose local option sales and use tax, so as to authorize use and expenditure of a portion of such proceeds for repair of capital outlay projects; to provide for procedures, conditions, and limitations; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 174. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3655), so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 175. By Representatives Hightower of the 68th, Powell of the 32nd and Fleming of the 121st:

FRIDAY, FEBRUARY 1, 2013

191

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties, so as to provide that certain covenants run with the land as a matter of public policy of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 176. By Representatives Parsons of the 44th, Abrams of the 89th, Smith of the 134th, Dudgeon of the 25th, Martin of the 49th and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as change certain provisions applicable to counties and municipal corporations related to advanced broadband collocation; to provide for a short title; to provide for definitions; to make changes related to streamlined processing; to standardize certain procedures related to new wireless facilities; to place limitations on the time allowed for the review of new wireless facilities; to limit fees charged for review of wireless facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 177. By Representatives Wilkinson of the 52nd, Epps of the 144th, Kidd of the 145th, Harbin of the 122nd, Peake of the 141st and others:
A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the creation and operation of the Oconee River Greenway Authority, so as to change the membership of the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 178. By Representatives Weldon of the 3rd, Cooper of the 43rd, Taylor of the 79th, Channell of the 120th, Parrish of the 158th 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 require the licensure of pain management clinics; to provide for requirements for licensure; to provide for

192

JOURNAL OF THE HOUSE

denial, suspension, and revocation of licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 179. By Representatives Welch of the 110th, Stephens of the 164th, Rutledge of the 109th, Parrish of the 158th, Harden of the 148th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to change certain provisions relating to The Pharmacy Audit Bill of Rights; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HR 144. By Representative Greene of the 151st:
A RESOLUTION honoring the life of Trooper Sergeant Charles Eugene Gray and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 145. By Representative Greene of the 151st:
A RESOLUTION honoring the life of Trooper Harvey Lewis Nicholson and dedicating an intersection in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 146. By Representatives Kirby of the 114th, Dunahoo of the 30th, Hawkins of the 27th, Rogers of the 10th, Watson of the 172nd and others:
A RESOLUTION requesting that Congress enact the FairTax and expressing the State of Georgia's commitment to ratify the repeal of the 16th Amendment and to conform the existing state tax code accordingly; and for other purposes.
Referred to the Committee on Ways & Means.
HR 159. By Representatives Jones of the 53rd and Waites of the 60th:
A RESOLUTION requesting the President and Congress of the United States enact legislation that will close the wage gap; and for other purposes.

FRIDAY, FEBRUARY 1, 2013

193

Referred to the Committee on Industry and Labor.

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

HB 19 HB 148 HB 150 HB 152 HB 154 HB 156 HB 158 HB 160 HB 162 HB 164 HB 166 HR 107

HB 33 HB 149 HB 151 HB 153 HB 155 HB 157 HB 159 HB 161 HB 163 HB 165 HB 167 HR 108

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

Mr. Speaker:

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

SB 25 SB 30

Do Pass Do Pass

SB 26 SB 31

Do Pass, by Substitute Do Pass

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

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

194

JOURNAL OF THE HOUSE

HB 3

Do Pass

Respectfully submitted, /s/ Willard of the 51st
Chairman

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

HR 109 Do Pass

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 1, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 9th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

SB 24

"Hospital Medicaid Financing Program Act"; enact (GAff-Hatchett-150th) Bethel-54th

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

FRIDAY, FEBRUARY 1, 2013

195

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

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

Representatives Williams of the 87th and Bentley of the 139th.

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 24. By Senators Bethel of the 54th, Jeffares of the 17th and Jackson of the 24th:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess a provider payment on hospitals for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for rules and regulations; to provide for a segregated account within the Indigent Care Trust Fund; to provide for the use of funds; to provide for repeal unless reauthorized; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams Y Alexander N Allison E Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell E Bennett Y Bentley Y Benton E Beverly Y Black Y Braddock Y Broadrick

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes Y Dunahoo N Duncan N Dutton
Ehrhart

E Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T

196

JOURNAL OF THE HOUSE

N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter N Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene N Gregory

Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo

Y Powell, A E Powell, J Y Pruett N Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge N Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

N Teasley Y Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 147, nays 18.

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

House of Representatives State Capitol, Room 220 Atlanta, Georgia 30334

February 1, 2013

The Honorable Robbie Rivers House Clerk's Office 307 State Capitol

To Whom It May Concern:

I, Rep. Tom Rice, HD 95 would like to be registered/recorded as "Yes" for Senate Bill 24 on this day, February 1, 2013.

If you have any questions, please contact the office.

Sincerely,

/s/ Tom Rice

FRIDAY, FEBRUARY 1, 2013

197

House of Representatives State Capitol, Room 245 Atlanta, Georgia 30334
February 1, 2013
Robert E. Rivers, Clerk Georgia House of Representatives Room 309 State Capitol Atlanta, GA 30334
Dear Robbie:
On Senate Bill 24 that was before the House my intention and my physical vote was YES. My machine did not register. Please make my vote a YES on Senate Bill 24.
Sincerely,
/s/ Earl Ehrhart Rep. Earl Ehrhart District 36
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 163. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A RESOLUTION recognizing February 5, 2013, as Columbus Day at the state capitol and inviting Mayor Teresa Tomlinson, City Manager Isaiah Hugley, Chamber President and CEO Mike Gaymon, and Chamber Board Chairwoman Jacki Lowe to be recognized by the House of Representatives; and for other purposes.
HR 164. By Representatives Rutledge of the 109th, Welch of the 110th, Knight of the 130th, Strickland of the 111th, Yates of the 73rd and others:
A RESOLUTION recognizing and commending the Eagle's Landing Christian Academy football team on their outstanding 2012 season and inviting them to be recognized by the House of Representatives; and for other purposes.

198

JOURNAL OF THE HOUSE

HR 165. By Representatives McCall of the 33rd, Roberts of the 155th, England of the 116th, Jasperse of the 11th and Dickey of the 140th:
A RESOLUTION recognizing February 12, 2013, as Georgia Farm Bureau Federation Day at the state capitol and inviting members to be recognized by the House of Representatives; and for other purposes.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 109. By Representatives Jasperse of the 11th, Smith of the 134th, Allison of the 8th, Harden of the 148th, Kelley of the 16th and others:
A RESOLUTION recognizing the 4-H Clubs of Georgia and inviting Ms. Tifara Brown, Mr. Arch D. Smith, and the 2012-2013 4-H Leadership Team to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 166. By Representatives Burns of the 159th and Hitchens of the 161st:
A RESOLUTION honoring the life and memory of Mr. George G. Allen; and for other purposes.
HR 167. By Representatives Powell of the 32nd, Buckner of the 137th, Burns of the 159th, McCall of the 33rd, Sims of the 169th and others:
A RESOLUTION honoring the life and memory of Rachel Fowler; and for other purposes.
HR 168. By Representative Benton of the 31st:
A RESOLUTION commending Mrs. Dawn Gary, Commerce City Schools Teacher of the Year; and for other purposes.
HR 169. By Representative Benton of the 31st:
A RESOLUTION commending Angela Clay, Commerce High School's 2013 STAR Teacher; and for other purposes.

FRIDAY, FEBRUARY 1, 2013

199

HR 170. By Representative Benton of the 31st:
A RESOLUTION commending Rachael Andrews, Commerce High School's 2013 STAR Student; and for other purposes.
HR 171. By Representatives Beasley-Teague of the 65th, Brooks of the 55th, Thomas of the 56th, Talton of the 147th and Hugley of the 136th:
A RESOLUTION honoring the life and memory of Mr. Walker R. Johnson; and for other purposes.
HR 172. By Representatives Beasley-Teague of the 65th, Brooks of the 55th, Thomas of the 56th, Talton of the 147th and Hugley of the 136th:
A RESOLUTION honoring the life and memory of Sherry Rochelle Hopkins; and for other purposes.
HR 173. By Representatives Brooks of the 55th and Dukes of the 154th:
A RESOLUTION congratulating Bishop William "Bill" C. Harris on his 70th birthday; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 4, 2013, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, February 4, 2013.

200

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Monday, February 4, 2013

Tenth Legislative Day

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

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

Abrams Alexander Allison E Anderson Atwood Ballinger Barr Battles Beasley-Teague E Bell E Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Chandler Channell Cheokas Clark, J Clark, V Coleman

Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas E Drenner Dudgeon E Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon

Gravley Greene Hamilton Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston E Howard Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby E Knight Lumsden Mabra Marin Martin Maxwell Mayo

E McCall Meadows Mitchell Morgan
E Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Pezold Powell, J Pruett Quick Ramsey
E Randall Riley Roberts
E Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon Sims, B
E Sims, C

Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S Welch E Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Casas of the 107th, Chapman of the 167th, Gregory of the 34th, Harbin of the 122nd, Hugley of the 136th, Jacobs of the 80th, Jordan of the 77th, Morris

MONDAY, FEBRUARY 4, 2013

201

of the 156th, Mosby of the 83rd, Powell of the 32nd, Rice of the 95th, and Smyre of the 135th.
They wished to be recorded as present.
Prayer was offered by Reverend Chuck Allen, Pastor, Sugar Hill First Baptist Church, Sugar Hill, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives Coverdell Legislative Office Building, Room 408
Atlanta, Georgia 30334
February 4, 2013
Clerk Robert E. Rivers Georgia General Assembly 309 State Capitol Atlanta, Georgia 30334
Dear Clerk Rivers:
I am requesting to be considered excused on Thursday, January 31, 2013. Please let the journal reflect this request.
Sincerely,
/s/ Carolyn F. Hugley
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

202

JOURNAL OF THE HOUSE

1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 39. By Representatives Dickerson of the 113th, Hugley of the 136th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Smith of the 125th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to define certain terms; to provide that a person commits defamation when he or she causes an unknowing person wrongfully to be identified as the person in an obscene depiction; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 180. By Representatives Talton of the 147th, Rice of the 95th, Smith of the 134th, Dickey of the 140th and Harden of the 148th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to repeal repetitive language and increase the percentage of fees collected for specialty license plates allotted to currently designated charitable funds and organizations; to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and the use of such lanes, so as to conform cross-references; to amend Code Section 40-8-90 of the Official Code of Georgia Annotated, relating to restrictions on use of blue lights on vehicles, so as to conform cross-references; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

MONDAY, FEBRUARY 4, 2013

203

HB 181. By Representatives Cooke of the 18th, Dutton of the 157th, Allison of the 8th, Hightower of the 68th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a definition; to prohibit the use of EBT cards in automated teller machines to obtain cash; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 182. By Representatives Weldon of the 3rd, Atwood of the 179th, Welch of the 110th, Allison of the 8th, Dutton of the 157th 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 provide for the appointment of a judge pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 183. By Representatives Jasperse of the 11th, Hightower of the 68th, Holmes of the 129th and Ballinger of the 23rd:
A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 184. By Representatives Casas of the 107th, Golick of the 40th, Allison of the 8th, Ehrhart of the 36th and Brockway of the 102nd:

204

JOURNAL OF THE HOUSE

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 fees based on enrollment of students; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 185. By Representatives Kidd of the 145th, Williams of the 87th, Stephens of the 164th and Greene of the 151st:
A BILL to be entitled an Act to amend Article 8 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to tastings, so as to authorize retail sales of distilled spirits manufactured by a distillery to be sold on the premises of such distillery; to define certain terms; to require a license for retail sales; to specify the quantity of distilled spirits that may be sold at retail; to provide for the conditions under which such retail sales may be conducted; to provide for the collection of excise taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 186. By Representatives Stephens of the 164th, Smyre of the 135th, Ramsey of the 72nd, Dickey of the 140th, Harrell of the 106th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to imposition, computation, and exemptions from state income tax, so as to provide for the comprehensive revision of income tax credits for business enterprises located in less developed areas, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties, and for establishing new quality jobs or relocating quality jobs; to provide for procedures, conditions, and limitations; to provide for an effective date and applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 4, 2013

205

HB 187. By Representatives Dickerson of the 113th, Holt of the 112th, Welch of the 110th, Rutledge of the 109th, Stephenson of the 90th and others:
A BILL to be entitled an Act to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances or marijuana in, on, or within drug-free commercial zones, so as to change the date of incorporation of local ordinances by reference; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 188. By Representatives Coomer of the 14th, Jones of the 47th, England of the 116th, Holcomb of the 81st, Yates of the 73rd and others:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that certain military certifications shall entitle persons to obtain certain professional licenses in this state; to provide that the spouse of a member of the military living in this state because of the military spouse's assignment shall be entitled to obtain certain professional licenses based upon his or her licensing in another state; to provide for powers and duties of the director of the professional licensing boards division of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 189. By Representatives Buckner of the 137th, Stephens of the 164th, Jackson of the 128th, Epps of the 144th, Williams of the 168th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation generally, so as to require the Department of Natural Resources to notify local governing authorities before making certain significant changes in services at state parks, historic sites, or recreational areas located within the area of the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 190. By Representatives Stephens of the 164th, Carson of the 46th, Mosby of the 83rd and Ramsey of the 72nd:

206

JOURNAL OF THE HOUSE

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 change a definition; to provide for an exemption for kidney dialysis equipment; to provide for related matters; to provide for an effective date and applicability; and for other purposes.
Referred to the Committee on Ways & Means.
HB 191. 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 provide for a limited period of time an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 192. By Representative Kidd of the 145th:
A BILL to be entitled an Act to amend Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, so as to provide that podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 193. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 4, 2013

207

Referred to the Committee on Ways & Means.

HB 194. By Representatives Powell of the 171st, Willard of the 51st, Lindsey of the 54th, Allison of the 8th and Jacobs of the 80th:

A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities and public transportation, so as to provide venue for actions against gas companies; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 195. By Representative Setzler of the 35th:

A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special district transportation sales and use tax, so as to provide for a legislative purpose; to provide for the method for creation of special districts for the purpose of a special district transportation sales and use tax; to provide for the expiration of special districts in certain instances; to revise and repeal certain definitions; to provide for a sunset date for certain provisions; to provide for the election, ballot, imposition, collection, and cessation of a special district transportation sales and use tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HR 4.

By Representatives Geisinger of the 48th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others:

A RESOLUTION proposing a settlement of the boundary dispute between the State of Georgia and the State of Tennessee; and for other purposes.

Referred to the Committee on Judiciary.

HR 160. By Representatives Casas of the 107th, Coleman of the 97th, Nix of the 69th and Dickson of the 6th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that up to 75 percent of sales taxes for educational purposes may be used for maintenance and operation expenses of a school system; to provide

208

JOURNAL OF THE HOUSE

for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Education.

HR 161. By Representatives Taylor of the 173rd, Watson of the 172nd, Carter of the 175th, Hitchens of the 161st and Lumsden of the 12th:

A RESOLUTION honoring the life of Trooper Roy Cecil Massey and dedicating a road in his memory; and for other purposes.

Referred to the Committee on Transportation.

HR 162. By Representatives Thomas of the 100th, Floyd of the 99th, Buckner of the 137th, Evans of the 42nd and Marin of the 96th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the ballot language shall be provided by the Attorney General; to provide that the ballot language shall summarize the proposed constitutional amendment accurately and objectively and contain no subjective opinion of the merits of the proposed amendment; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 26 HB 169 HB 171 HB 173 HB 175 HB 177 HB 179 HR 145 HR 159

HB 168 HB 170 HB 172 HB 174 HB 176 HB 178 HR 144 HR 146

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

Mr. Speaker:

MONDAY, FEBRUARY 4, 2013

209

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

HB 5

Do Pass

HB 147 Do Pass

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

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

HR 70 HR 110 HR 163

Do Pass Do Pass Do Pass

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

HB 5.

By Representatives Waites of the 60th, Glanton of the 75th, Stovall of the 74th, Jordan of the 77th and Scott of the 76th:

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, 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 submission 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.

210

JOURNAL OF THE HOUSE

HB 147. By Representative McCall of the 33rd:

A BILL to be entitled an Act to amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), so as to change the description of the election districts; to provide 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.

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 Abrams Y Alexander Y Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler

Y Coomer Cooper
Y Dawkins-Haigler Deffenbaugh
Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas E Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Fullerton Y Gardner Gasaway

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston E Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight

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

E Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch E Weldon Y Wilkerson Y Wilkinson

MONDAY, FEBRUARY 4, 2013

211

Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene
Gregory

Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

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

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

Representatives Dawkins-Haigler of the 91st, Beasley-Teague of the 65th, Bruce of the 61st, Thomas of the 56th, Dunahoo of the 30th, and Williams of the 168th.

Pursuant to HR 109, the House recognized the 4-H Clubs of Georgia and invited Ms. Tifara Brown, Mr. Arch D. Smith, and the 2012-2013 4-H Leadership Team to be recognized by the House of Representatives.

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

HR 175. By Representatives Welch of the 110th, Rutledge of the 109th, Stephenson of the 90th, Scott of the 76th, Douglas of the 78th and others:

A RESOLUTION commending Mr. Warren Holder on his outstanding public service and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 176. By Representatives Bruce of the 61st, Dawkins-Haigler of the 91st, Frazier of the 126th, Scott of the 76th, Jones of the 62nd and others:

A RESOLUTION recognizing and commending Susan J. Ross and inviting her to be recognized by the House of Representatives; and for other purposes.

HR 177. By Representatives Bruce of the 61st, Dawkins-Haigler of the 91st, Frazier of the 126th, Scott of the 76th, Jones of the 62nd and others:

A RESOLUTION recognizing and commending Clyde Bradley on his outstanding accomplishments and inviting him to be recognized by the House of Representatives; and for other purposes.

212

JOURNAL OF THE HOUSE

HR 178. By Representatives Bruce of the 61st, Dawkins-Haigler of the 91st, Frazier of the 126th, Scott of the 76th, Jones of the 62nd and others:
A RESOLUTION recognizing and commending Arthur "Bud" Smith on his outstanding accomplishments and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 179. By Representatives Bruce of the 61st, Jones of the 62nd, Frazier of the 126th, Scott of the 76th, Dawkins-Haigler of the 91st and others:
A RESOLUTION recognizing and commending Horace Henry and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 180. By Representatives Bruce of the 61st, Dawkins-Haigler of the 91st, Frazier of the 126th, Scott of the 76th, Jones of the 62nd and others:
A RESOLUTION recognizing and commending Jim Alexander and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 181. By Representatives Hitchens of the 161st, Lumsden of the 12th, Atwood of the 179th, Deffenbaugh of the 1st, Tanner of the 9th and others:
A RESOLUTION commending law enforcement cooperation between the State of Georgia, the United States Department of State, and the Republic of Georgia and inviting Director Vernon Keenan of the Georgia Bureau of Investigation to be recognized by the House of Representatives.
HR 182. By Representatives Battles of the 15th, Coomer of the 14th and Jasperse of the 11th:
A RESOLUTION honoring Bartow County Commissioner Clarence Brown upon the occasion of his retirement and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 70. By Representative Ralston of the 7th:
A RESOLUTION recognizing Court Appointed Special Advocates (CASA) in Georgia for 25 years of service and inviting Court Appointed Special

MONDAY, FEBRUARY 4, 2013

213

Advocates to be recognized by the House of Representatives; and for other purposes.
HR 110. By Representatives Harbin of the 122nd, Sims of the 123rd, Howard of the 124th, Murphy of the 127th, Frazier of the 126th and others:
A RESOLUTION recognizing the Medical College of Georgia at Georgia Regents University's 185th anniversary and inviting students to be recognized by the House of Representatives; and for other purposes.
HR 163. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A RESOLUTION recognizing February 5, 2013, as Columbus Day at the state capitol and inviting Mayor Teresa Tomlinson, City Manager Isaiah Hugley, Chamber President and CEO Mike Gaymon, and Chamber Board Chairwoman Jacki Lowe to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 183. By Representatives Tankersley of the 160th, Parrish of the 158th, Burns of the 159th, Neal of the 2nd and Ralston of the 7th:
A RESOLUTION commending and recognizing Jimmy Mooney on receiving the Georgia Hospital Association's Georgia Hospital Heroes Lifetime Achievement Award; and for other purposes.
HR 184. By Representatives Tankersley of the 160th, Parrish of the 158th, Burns of the 159th and Hitchens of the 161st:
A RESOLUTION recognizing and commending the 26th annual Wild Game Supper; and for other purposes.
HR 185. By Representatives Parrish of the 158th, Hitchens of the 161st, Hatchett of the 150th and Powell of the 32nd:
A RESOLUTION recognizing and commending Ronnie Shuemake on the occasion of his retirement; and for other purposes.
HR 186. By Representatives Parrish of the 158th, Burns of the 159th, Morris of the 156th and England of the 116th:

214

JOURNAL OF THE HOUSE

A RESOLUTION honoring the life and memory of James Tobe Free; and for other purposes.
HR 187. By Representative Parrish of the 158th:
A RESOLUTION recognizing Courtney L. Terwilliger for his outstanding accomplishments; and for other purposes.
HR 188. By Representative Greene of the 151st:
A RESOLUTION recognizing and commending Reverend David S. Hamm, Jr.; and for other purposes.
HR 189. By Representatives Geisinger of the 48th, Taylor of the 79th, Riley of the 50th, Wilkinson of the 52nd, Watson of the 166th and others:
A RESOLUTION recognizing Wednesday, February 6, 2013, as Skin Cancer Awareness Day at the state capitol; and for other purposes.
The Speaker Pro Tem assumed the Chair.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 5, 2013

215

Representative Hall, Atlanta, Georgia

Tuesday, February 5, 2013

Eleventh Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Chandler Channell Cheokas Clark, J Clark, V Coleman

Cooke Coomer E Dawkins-Haigler Deffenbaugh Dempsey Dickerson E Dickey Dickson Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Dutton England Epps, C Epps, J Evans Fleming Frazier Frye E Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Gregory

Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby E Knight Lindsey Lumsden Mabra Marin Martin Maxwell

Mayo E McCall
Meadows Mitchell Morgan E Murphy Neal Nimmer Nix O'Neal Pak Parrish Parsons E Peake Pezold Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sheldon Sims, B

E Sims, C Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R
E Stephenson Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S
E Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Casas of the 107th, Chapman of the 167th, Cooper of the 43rd, Floyd of the 99th, Fludd of the 64th, Jacobs of the 80th, Jordan of the 77th, Morris of the 156th,

216

JOURNAL OF THE HOUSE

Mosby of the 83rd, Oliver of the 82nd, Powell of the 32nd, Stovall of the 74th, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Chaplain James Bradley, Ellijay Composite Squadron GA-507, East Ellijay, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, 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 196. By Representatives Bryant of the 162nd, Stephens of the 164th, Hitchens of the 161st, Stephens of the 165th, Gordon of the 163rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the maintenance of public roads, so as to require the Department of Transportation to notify municipal authorities prior to the removal of trees in

TUESDAY, FEBRUARY 5, 2013

217

certain instances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 197. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Peake of the 141st, Black of the 174th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for taxation of land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 198. By Representatives Smith of the 134th, Meadows of the 5th, Maxwell of the 17th, Shaw of the 176th, Abrams of the 89th 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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 199. By Representatives Lindsey of the 54th and Smith of the 70th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to the water supply division of the Georgia Environmental Finance Authority, so as to expand the Georgia Reservoir Fund; to amend Article 6 of Chapter 5 of Title 12 of the O.C.G.A., relating to water supply, so as to revise a definition and correct a cross-reference; to amend Code Section 36-91-100 of the O.C.G.A., relating to definitions relative to local public works bidding, so as to revise a definition; to amend Part 1 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to general provisions relative to the Georgia Environmental Finance Authority,

218

JOURNAL OF THE HOUSE

so as to revise definitions and correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 200. 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 taxes, so as to provide a sales tax exemption for materials to be used in certain construction projects of zoological institutions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 201. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to create the Grady County Lake Authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 202. By Representatives Epps of the 144th, Roberts of the 155th and Shaw of the 176th:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 203. By Representatives Hamilton of the 24th and Jasperse of the 11th:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to protection of American Indian Human Remains and Burial Objects, so as to remove certain information associated with recognized legitimate American Indian

TUESDAY, FEBRUARY 5, 2013

219

Tribes of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 174. By Representatives Gordon of the 163rd, Gardner of the 57th, Stephens of the 165th, Lindsey of the 54th, Stephens of the 164th and others:

A RESOLUTION creating the House Study Committee on Atlanta-Savannah High Speed Rail; and for other purposes.

Referred to the Committee on Transportation.

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

HB 39 HB 181 HB 183 HB 185 HB 187 HB 189 HB 191 HB 193 HB 195 HR 160 HR 162

HB 180 HB 182 HB 184 HB 186 HB 188 HB 190 HB 192 HB 194 HR 4 HR 161

Representative Harden of the 148th District, Vice-Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:

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

HB 101 Do Pass

Respectfully submitted, /s/ Harden of the 148th
Vice-Chairman

220

JOURNAL OF THE HOUSE

The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 87th, Fludd of the 64th, Dickerson of the 113th, Jasperse of the 11th, and Powell of the 32nd.
Pursuant to HR 70, the House recognized Court Appointed Special Advocates (CASA) in Georgia for 25 years of service and invited Court Appointed Special Advocates to be recognized by the House of Representatives.
Pursuant to HR 163, the House recognized February 5, 2013, as Columbus Day at the state capitol and invited Mayor Teresa Tomlinson, City Manager Isaiah Hugley, Chamber President and CEO Mike Gaymon, and Chamber Board Chairwoman Jacki Lowe to be recognized by the House of Representatives.
Pursuant to HR 110, the House recognized the Medical College of Georgia at Georgia Regents University's 185th anniversary and invited students to be recognized by the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 191. By Representatives Rice of the 95th, Marin of the 96th, England of the 116th, Pak of the 108th, Harrell of the 106th and others:
A RESOLUTION congratulating the Norcross Blue Devils football team on their 2012 Class AAAAAA State Championship win and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 192. By Representatives Fludd of the 64th and Mabra of the 63rd:
A RESOLUTION commending the Sandy Creek High School football team on their 2012 GHSA Class AAAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 193. By Representatives Smyre of the 135th, Epps of the 132nd, Murphy of the 127th, Dukes of the 154th and Smith of the 125th:
A RESOLUTION recognizing February 12, 2013, as the fifth annual Omega Psi Phi Fraternity, Inc., Day at the capitol and inviting the brothers and thereby the fraternity to be recognized by the House of Representatives; and for other purposes.

TUESDAY, FEBRUARY 5, 2013

221

HR 194. By Representatives Coomer of the 14th, Evans of the 42nd, Gregory of the 34th, Watson of the 166th and Teasley of the 37th:

A RESOLUTION honoring Dr. Kelland Keith Jeffords and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 195. By Representatives Cheokas of the 138th, Abrams of the 89th, Epps of the 144th and Henson of the 86th:

A RESOLUTION recognizing February 7, 2013, as Turkish American Day at the capitol and commending the contributions of the Istanbul Center and Turkish Americans to the State of Georgia and inviting them to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 196. By Representative Cheokas of the 138th:

A RESOLUTION recognizing and commending Mrs. Sherri J. Nance; and for other purposes.

HR 197.

By Representatives Beasley-Teague of the 65th, Brooks of the 55th, Dawkins-Haigler of the 91st, Hugley of the 136th, Thomas of the 56th and others:

A RESOLUTION honoring the life and legacy of Mrs. Rosa Parks on the occasion of her 100th birthday; and for other purposes.

HR 198. By Representatives Carter of the 175th, England of the 116th, McCall of the 33rd, Ralston of the 7th and Watson of the 172nd:

A RESOLUTION recognizing February as Career and Technical Education Month and February 12, 2013, as Georgia Career and Technical Student Organizations (CTSO) Day at the State Capitol; and for other purposes.

HR 199. By Representatives Kirby of the 114th and Williamson of the 115th:

A RESOLUTION recognizing and congratulating the Loganville Christian Academy varsity football team on winning the 2012 ICSGA State Football Championship; and other purposes.

222

JOURNAL OF THE HOUSE

HR 200. By Representatives Kirby of the 114th and Williamson of the 115th:

A RESOLUTION recognizing and congratulating the Loganville Christian Academy Varsity Competition Cheerleading team on winning the 2012 ICSGA State Competition Cheerleading Championship; and for other purposes.

HR 201. By Representatives Fludd of the 64th and Mabra of the 63rd:

A RESOLUTION commending and recognizing Christian D. Taylor for his outstanding accomplishments; and for other purposes.

HR 202. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Pezold of the 133rd and Buckner of the 137th:

A RESOLUTION congratulating Greater Shady Grove Baptist Church on the occasion of its 150th anniversary; and for other purposes.

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

HR 80 Do Pass HR 150 Do Pass

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

HR 80.

By Representatives Gardner of the 57th, Stephens of the 164th, Pruett of the 149th, Fludd of the 64th, Taylor of the 79th and others:

A RESOLUTION recognizing and commending the Georgia Aerospace Industry for its significant beneficial impact to the people and economy of the State of Georgia and invite Donald Mitchell, Co-Chair of Georgia Aerospace Policy Working Group, and Chance McColl, Co-Chair of Georgia Aerospace Policy Working Group, to be recognized by the House of Representatives; and for other purposes.

HR 150. By Representatives Jones of the 47th, Golick of the 40th, Ramsey of the 72nd, Maxwell of the 17th, Thomas of the 56th and others:

A RESOLUTION commending Georgia State University; recognizing February 6, 2013, as Georgia State University Day at the state capitol; and

TUESDAY, FEBRUARY 5, 2013

223

inviting President Mark Becker and students Marcus Kernizan, Eric McGhee, Shelby Lohr, and Kelsey Spinks to be recognized by the House of Representatives; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 11:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 11:00 o'clock, tomorrow morning.

224

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Wednesday, February 6, 2013

Twelfth Legislative Day

The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, V Coleman Cooke

Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dunahoo Duncan Dutton Ehrhart England Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Hamilton Harbin

Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby E Knight Lindsey Lumsden Mabra Marin Martin Maxwell Mayo E McCall

Meadows Mitchell Morgan Mosby E Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Parsons E Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon Sims, B

Sims, C Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S E Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Clark of the 98th, Dukes of the 154th, Epps of the 132nd, Floyd of the 99th, Gregory of the 34th, Jacobs of the 80th, Morris of the 156th, and Stephenson of the 90th.

WEDNESDAY, FEBRUARY 6, 2013

225

They wished to be recorded as present.
Prayer was offered by Dr. Paul Baxter, First Baptist on the Square, LaGrange, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, 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 27. By Representatives Gregory of the 34th, Setzler of the 35th, Spencer of the 180th, Caldwell of the 20th, Braddock of the 19th and others:
A BILL to be entitled an Act to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to emergency powers of Governor, termination of emergency, limitations in energy emergency, and immunity, so as to remove the Governor's authority to suspend the sale, dispensing, or transportation of firearms in an emergency; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.

226

JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.
HB 204. By Representative Powell of the 171st:
A BILL to be entitled an Act to provide a new charter for the City of Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, so as to provide for staggered, four-year terms of office for the city council; to provide for four-year terms of office for the mayor; to provide for the manner of election and transitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 205. By Representatives Lindsey of the 54th, Gardner of the 57th, Willard of the 51st, Neal of the 2nd, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to provide for a psychiatric advance directive; to provide for a competent adult to express his or her mental health care treatment preferences and desires directly through instructions written in advance and indirectly through appointing an agent to make mental health care decisions on behalf of that person; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 206. By Representative Benton of the 31st:
A BILL to be entitled an Act to provide for a new charter for the City of Hoschton, Georgia; to provide for corporate boundaries and powers; to provide for a governmental structure; to provide for handling administrative affairs; to provide for a judicial branch; to provide for election and removal of officials; to provide for addressing the financial affairs of the city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 207. By Representatives Shaw of the 176th, Roberts of the 155th, Tankersley of the 160th, Williams of the 168th, Nimmer of the 178th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and

WEDNESDAY, FEBRUARY 6, 2013

227

stamps for hunting, trapping, or fishing, so as to provide a definition; to authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits for wildlife, so as to provide for an extended turkey season for young and mobility impaired hunters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 208. By Representatives Watson of the 166th, Lindsey of the 54th, Carter of the 175th, Cooper of the 43rd, Pak of the 108th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require nursing homes to annually offer influenza vaccinations to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 209. By Representatives Watson of the 166th, Stephens of the 164th, Parrish of the 158th, Cooper of the 43rd, Broadrick of the 4th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; to revise requirements relating to use of security paper; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 210. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Roberts of the 155th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Code Section 48-8-17 of the Official Code of Georgia Annotated, relating to the temporary suspension of the collection of taxes on gasoline and aviation fuel, so as to provide for legislative findings; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor

228

JOURNAL OF THE HOUSE

suspending temporarily the collection of such taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 211. By Representatives Benton of the 31st, Coleman of the 97th and Dickson of the 6th:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of motor fuel excise tax, so as to exempt public school systems from motor fuel excise taxes under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 212. By Representative Smith of the 70th:
A BILL to be entitled an Act to amend Code Section 52-7-10 of the Official Code of Georgia Annotated, relating to exhaust muffling and noise levels of watercraft, so as to impose engine noise level limitations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 213. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the Georgia State Board of Pharmacy, so as to revise the powers, duties, and authority of the Georgia State Board of Pharmacy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 214. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, rate, and exemptions from state income taxes, so as to allow transfers of entertainment tax credits to certain entities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 6, 2013

229

Referred to the Committee on Ways & Means.
HB 215. By Representative Benton of the 31st:
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 change provisions relating to filings in the clerk's office; to increase fees for certain filings; to change provisions relating to office hours; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 216. By Representatives Jones of the 53rd and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 40-3-34 of the Official Code of Georgia Annotated, relating to the transfer of a vehicle by operation of law and joint interest with survivorship, so as to provide that a transfer of a motor vehicle title based upon inheritance, devise, or bequest or under a will shall be conducted without charge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 217. By Representatives Jones of the 53rd and Lindsey of the 54th:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require that the course of study in health and physical education prescribed by the State Board of Education includes training in cardiopulmonary resuscitation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 218. By Representative Jones of the 53rd:
A BILL to be entitled an Act to amend Code Section 25-2-40 of the Official Code of Georgia Annotated, relating to smoke detectors required in new dwellings and dwelling units and exceptions, so as to provide that any battery operated smoke detector installed on or after January 1, 2014, shall meet certain specifications; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.

230

JOURNAL OF THE HOUSE

HB 219. By Representatives Brockway of the 102nd, Neal of the 2nd, Lindsey of the 54th, Morgan of the 39th, Allison of the 8th and others:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to commencement and conduct of juvenile proceedings in courts, so as to provide for the modification of orders of delinquency for children who are victims of sexual abuse or sexual trafficking; to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to juvenile court records and hearings, so as to provide for the sealing of court records for children who are victims of sexual abuse or sexual trafficking; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 220. By Representative Harden of the 148th:
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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 221. By Representatives Thomas of the 100th, Randall of the 142nd, Abrams of the 89th, Hugley of the 136th, Fludd of the 64th and others:
A BILL to be entitled an Act to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to provide that certain records of qualified schools and programs which enroll eligible students are subject to open records laws; to require certain reporting from qualified schools and programs enrolling scholarship students; to amend Code Section 48-7-29.16 of the Official Code of Georgia Annotated, relating to qualified education tax credits, so as to remove the annual adjustment of the maximum aggregate tax credits allowed; to provide

WEDNESDAY, FEBRUARY 6, 2013

231

for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 222. By Representatives Dickey of the 140th, Caldwell of the 131st and Kelley of the 16th:
A BILL to be entitled an Act to amend Code Section 53-12-25 of the Official Code of Georgia Annotated, relating to the transfer of property to a trust, so as to provide for the transfer of property to a trust if the name of the trust is ascertainable; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 223. By Representative Gasaway of the 28th:
A BILL to be entitled an Act to create a board of elections and registration for Banks County and to provide for its powers and duties; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 190. By Representatives Williamson of the 115th, Kirby of the 114th, Yates of the 73rd, Coomer of the 14th, Wilkinson of the 52nd and others:
A RESOLUTION urging county and municipal officials to ensure that the American flag is properly displayed; and for other purposes.
Referred to the Committee on Governmental Affairs.
By unanimous consent, the following Bills and Resolution of the House were read the second time:

232

JOURNAL OF THE HOUSE

HB 196 HB 198 HB 200 HB 202 HR 174

HB 197 HB 199 HB 201 HB 203

Representative England of the 116th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

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

HB 105 Do Pass, by Substitute

Respectfully submitted, /s/ England of the 116th
Chairman

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 79 Do Pass, by Substitute HB 135 Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 51st
Chairman

Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

WEDNESDAY, FEBRUARY 6, 2013

233

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

HB 59 HB 60

Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 32nd
Chairman

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 80 Do Pass, by Substitute

Respectfully submitted, /s/ Channell of the 120th
Chairman

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

Mr. Speaker:

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

SB 28. By Senator Staton of the 18th:

A BILL to be entitled an Act to repeal an Act creating a new charter for Payne City, approved May 16, 2007 (Ga. L. 2007, p. 3555), so as to abolish Payne City; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

234

JOURNAL OF THE HOUSE

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

SB 28. By Senator Staton of the 18th:

A BILL to be entitled an Act to repeal an Act creating a new charter for Payne City, approved May 16, 2007 (Ga. L. 2007, p. 3555), so as to abolish Payne City; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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

Representatives Morgan of the 39th, Stovall of the 74th, Cheokas of the 138th, Kaiser of the 59th, Benton of the 31st, Drenner of the 85th, Rynders of the 152nd, Dukes of the 154th, Fullerton of the 153rd, Geisinger of the 48th, Harden of the 148th, Dunahoo of the 30th, and Barr of the 103rd.

The following Resolution of the House was read:

HR 203. By Representative Ralston of the 7th:

A RESOLUTION to provide for the nomination and election of the state auditor; and for other purposes.

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Bell Y Bennett Y Bentley Y Benton
Beverly

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins E Henson Y Hightower
Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland
Talton Y Tankersley

WEDNESDAY, FEBRUARY 6, 2013

235

Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S E Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker

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

The Resolution was adopted.

The Speaker ordered that HR 203 be immediately transmitted to the Senate.

Pursuant to HR 150, the House commended Georgia State University; recognized February 6, 2013, as Georgia State University Day at the state capitol; and invited President Mark Becker and students Marcus Kernizan, Eric McGhee, Shelby Lohr, and Kelsey Spinks to be recognized by the House of Representatives.

Pursuant to HR 80, the House recognized and commended the Georgia Aerospace Industry for its significant beneficial impact to the people and economy of the State of Georgia and invited Donald Mitchell, Co-Chair of Georgia Aerospace Policy Working Group, and Chance McColl, Co-Chair of Georgia Aerospace Policy Working Group, to be recognized by the House of Representatives.

Pursuant to HR 67, the House commended SkillsUSA Georgia for its successful program and invited recent participants to be recognized by the House of Representatives.

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

236

JOURNAL OF THE HOUSE

HR 206. By Representatives Kaiser of the 59th, McCall of the 33rd, Quick of the 117th, Williams of the 119th, Fullerton of the 153rd and others:
A RESOLUTION recognizing February 7, 2013, as Veterinary Medicine Day at the state capitol and inviting representatives from the Georgia veterinary medical community to be recognized by the House of Representatives; and for other purposes.
HR 207. By Representatives Tanner of the 9th, Hamilton of the 24th, Dunahoo of the 30th, Hawkins of the 27th, Rogers of the 29th and others:
A RESOLUTION recognizing and commending the Lanier Technical College Adult Education Program for its outstanding accomplishments and inviting its members to be recognized by the House of Representatives; and for other purposes.
HR 208. By Representative Sims of the 169th:
A RESOLUTION commending Georgia Family, Career, Community Leaders of America Building Skills for Life (FCCLA) and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 195 Do Pass HR 206 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 195. By Representatives Cheokas of the 138th, Abrams of the 89th, Epps of the 144th and Henson of the 86th:
A RESOLUTION recognizing February 7, 2013, as Turkish American Day at the capitol and commending the contributions of the Istanbul Center and Turkish Americans to the State of Georgia and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 206. By Representatives Kaiser of the 59th, McCall of the 33rd, Quick of the 117th, Williams of the 119th, Fullerton of the 153rd and others:

WEDNESDAY, FEBRUARY 6, 2013

237

A RESOLUTION recognizing February 7, 2013, as Veterinary Medicine Day at the state capitol and inviting representatives from the Georgia veterinary medical community to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 209. By Representative Coomer of the 14th:
A RESOLUTION commending SkillsUSA for its outstanding contributions and recognizing February 6, 2013, as SkillsUSA day at the capitol; and for other purposes.
HR 210. By Representatives Sheldon of the 104th, Harrell of the 106th, Rice of the 95th, Clark of the 98th, Brockway of the 102nd and others:
A RESOLUTION recognizing Wednesday, February 13, 2013, as Gwinnett County Day at the capitol; and for other purposes.
HR 211. By Representative Gasaway of the 28th:
A RESOLUTION recognizing February 19, 2013, as Toccoa-Stephens County Day at the state capitol; and for other purposes.
HR 212. By Representatives Dukes of the 154th, Greene of the 151st, Taylor of the 173rd and Powell of the 171st:
A RESOLUTION recognizing the City of Donalsonville, located in Seminole County, Georgia, as the Bicycle Gateway to Lake Seminole and the Airgate to Lake Seminole; and for other purposes.
HR 213. By Representative Kaiser of the 59th:
A RESOLUTION honoring and celebrating the 90th birthday of Mrs. Beth Gross; and for other purposes.
HR 214. By Representatives Neal of the 2nd, Weldon of the 3rd and Deffenbaugh of the 1st:
A RESOLUTION recognizing and commending Mr. Mike Proctor and Mr. Monty Daggett; and for other purposes.

238

JOURNAL OF THE HOUSE

HR 215. By Representatives Morgan of the 39th, Smith of the 41st, Evans of the 42nd, Wilkerson of the 38th and Teasley of the 37th:
A RESOLUTION recognizing and commending Keith Young, Sr.; and for other purposes.
HR 216. By Representatives Roberts of the 155th, England of the 116th and Jones of the 47th:
A RESOLUTION congratulating Kason Lott; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, FEBRUARY 7, 2013

239

Representative Hall, Atlanta, Georgia

Thursday, February 7, 2013

Thirteenth Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter E Casas Chandler Channell Chapman Cheokas E Clark, J Clark, V

Coleman Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harden E Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Jackson Jasperse Jones, J Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby E Knight Lindsey Lumsden Mabra Marin

Martin Maxwell Mayo E McCall Meadows Mitchell Morgan E Murphy Neal Nimmer Nix O'Neal Parrish Parsons Peake Pezold Powell, A Powell, J Quick Ramsey Rice Riley Roberts E Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sims, B

Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stephenson Stovall Strickland Talton Tankersley Tanner E Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S Welch E Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Beverly of the 143rd, Floyd of the 99th, Fullerton of the 153rd, Harbin of the 122nd, Hugley of the 136th, Jacobs of the 80th, Morris of the 156th, Mosby

240

JOURNAL OF THE HOUSE

of the 83rd, Oliver of the 82nd, Pak of the 108th, Pruett of the 149th, Randall of the 142nd, Sheldon of the 104th, Sims of the 169th, and Smyre of the 135th.
They wished to be recorded as present.
Prayer was offered by Reverend Ken Myers, Camilla United Methodist Church, Camilla, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 224. By Representatives Sims of the 169th and Roberts of the 155th:
A BILL to be entitled an Act to reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies,

THURSDAY, FEBRUARY 7, 2013

241

meetings, a quorum, the responsibilities of the chairperson, a vice chairperson, and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, and compensation and expenses of commissioners; to provide for submission for approval pursuant to the federal Voting Rights Act of 1965; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 225. By Representatives Kirby of the 114th, McCall of the 33rd, Powell of the 32nd, Geisinger of the 48th, Spencer of the 180th and others:
A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedures relative to the adoption, amendment, and modification of agency rules and regulations, so as to require that rules or regulations administered by the Environmental Protection Division of the Department of Natural Resources be approved by the General Assembly prior to promulgation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 226. By Representatives Nix of the 69th, Burns of the 159th, Roberts of the 155th, Mosby of the 83rd, Drenner of the 85th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

242

JOURNAL OF THE HOUSE

HB 227. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to authorize the issuance of a temporary driving permit to a noncitizen applicant whose Georgia driver's license has expired, or will expire, who has filed a request for an extension to remain lawfully within the United States; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 228. By Representatives Hamilton of the 24th, Jones of the 47th, Peake of the 141st, Powell of the 171st, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the O.C.G.A., relating to conduct of public officials and lobbyist disclosure; to provide that public employees shall not use government owned or leased computers or telecommunications devices to promote or oppose the passage of any legislation by the General Assembly or to promote or oppose the approval or veto of any legislation by the Governor; to provide that e-mail addresses of parents or guardians of students in school systems collected by the school system shall be used only for school related functions and shall not be used for the purpose of promoting or opposing the passage of any legislation by the General Assembly, promoting or opposing the approval or veto of any legislation by the Governor, or promoting or opposing the ratification or approval of questions submitted to the electorate; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 229. By Representatives Teasley of the 37th, Shaw of the 176th, Golick of the 40th, Taylor of the 173rd, Carson of the 46th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide for removing the insurer annual publication requirement; to provide that the Commissioner shall provide on the department's website a financial summary position of each insurer; to provide for changes to the submission of reports by property and casualty insurers; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 7, 2013

243

Referred to the Committee on Insurance.
HB 230. By Representatives Powell of the 171st, Channell of the 120th, Shaw of the 176th, Smith of the 134th, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 65 of Title 36 of the O.C.G.A., relating to immunity from antitrust liability, so as to express and clarify by declaration of the General Assembly of Georgia that, in the exercise of the powers specifically granted to them in Article 4 of Chapter 7 of Title 31, hospital authorities created thereunder are acting pursuant to state policy; to articulate clearly and express affirmatively, and to clarify that it is and has been, the policy of the State of Georgia that such hospital authorities in the exercise of the powers specifically granted to them in Article 4 of Chapter 7 of Title 31 shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 231. By Representative Neal of the 2nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions, so as to change the allocation of the cap for qualified education tax credits; to provide for a tax credit for certain contributions to public schools; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 232. By Representatives Battles of the 15th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions in the Regents Retirement Plan, so as to change the level of employee participation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:

244

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to authorize the governing authority of the City of Albany to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 234. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd:
A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 235. By Representatives Ehrhart of the 36th and Meadows of the 5th:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 236. By Representatives Quick of the 117th, Willard of the 51st, Oliver of the 82nd, Fleming of the 121st and Mabra of the 63rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.

THURSDAY, FEBRUARY 7, 2013

245

HB 237. By Representatives Frye of the 118th, Sharper of the 177th, Abrams of the 89th, Hugley of the 136th, Fludd of the 64th and others:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to local governments, so as to modify the requirements relating to verification of lawful residency by applicants of business licenses and private employers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 238. By Representatives Maxwell of the 17th, Battles of the 15th, Coleman of the 97th, Benton of the 31st, Riley of the 50th and others:
A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Public School Employees Retirement System, so as to clarify certain provisions relating to a limitation on the maximum level of retirement benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 239. By Representatives Brockway of the 102nd, Casas of the 107th, Duncan of the 26th, Dudgeon of the 25th and Pak of the 108th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions, so as to broaden the types of tax liability subject to offset by the qualified education tax credit; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 240. By Representatives Carson of the 46th, Holt of the 112th, Black of the 174th and Evans of the 42nd:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require Medicaid and PeachCare for Kids reimbursement

246

JOURNAL OF THE HOUSE

for certain speech-language pathology services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 241. By Representatives Gardner of the 57th, Bell of the 58th, Kaiser of the 59th, Waites of the 60th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 204. By Representatives Greene of the 151st, Rynders of the 152nd, Fullerton of the 153rd, Harden of the 148th and Houston of the 170th:
A RESOLUTION encouraging the United States Congress as well as the House and Senate Armed Services Committees to avoid sequestration; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HR 205. By Representatives Neal of the 2nd, Kidd of the 145th, Cheokas of the 138th, Dunahoo of the 30th and Hill of the 22nd:
A RESOLUTION authorizing the conveyance of certain state owned real property; to provide an effective date; and for other purposes.
Referred to the Committee on State Properties.
HR 217. By Representative Powell of the 171st:
A RESOLUTION honoring the life of Special Agent Welton Harrell and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.

THURSDAY, FEBRUARY 7, 2013

247

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

HB 27 HB 205 HB 207 HB 209 HB 211 HB 213 HB 215 HB 217 HB 219 HB 221 HB 223 SB 28

HB 204 HB 206 HB 208 HB 210 HB 212 HB 214 HB 216 HB 218 HB 220 HB 222 HR 190

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

Mr. Speaker:

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

HB 115 Do Pass, by Substitute HB 116 Do Pass

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

Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

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

HB 50 HB 68

Do Pass, by Substitute Do Pass, by Substitute

248

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Cooper of the 43rd
Chairman
Representative Hamilton of the 24th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. Speaker:
Your Committee on Industry and Labor has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 154 Do Pass
Respectfully submitted, /s/ Hamilton of the 24th
Chairman
Representative Atwood of the 179th District, Vice-Chairman of the Committee on Juvenile Justice, submitted the following report:
Mr. Speaker:
Your Committee on Juvenile Justice has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 182 Do Pass
Respectfully submitted, /s/ Atwood of the 179th
Vice-Chairman
Representative Battles of the 15th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

THURSDAY, FEBRUARY 7, 2013

249

HB 71 Do Pass

Respectfully submitted, /s/ Battles of the 15th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 7, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 3

Evidence; professional forestry; Department of Public Health; AIDS; provisions (Judy-Willard-51st)

Modified Structured Rule

None

Structured Rule

None

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

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

250

JOURNAL OF THE HOUSE

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 14. By Senators Unterman of the 45th, Wilkinson of the 50th, Crosby of the 13th, Hill of the 4th and Orrock of the 36th:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to create a Georgia Alzheimer's and Related Dementias State Plan Task Force; to provide for legislative intent; to provide for its members and vacancies; to provide for duties and responsibilities; to provide for a chairperson; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
HB 63. By Representative Channell of the 120th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 411), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 64. By Representative Channell of the 120th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), so as to clarify the qualifications for participation in such health insurance program; to remove the coroner from eligibility to participate in such health insurance program; to prohibit persons who are separated from the county by their commission of an

THURSDAY, FEBRUARY 7, 2013

251

illegal act from participating in such health insurance program; to provide for related maters; to repeal conflicting laws; and for other purposes.

HB 65. By Representative Channell of the 120th:

A BILL to be entitled an Act to amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 417), 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 of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

SB 14.

By Senators Unterman of the 45th, Wilkinson of the 50th, Crosby of the 13th, Hill of the 4th and Orrock of the 36th:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to create a Georgia Alzheimer's and Related Dementias State Plan Task Force; to provide for legislative intent; to provide for its members and vacancies; to provide for duties and responsibilities; to provide for a chairperson; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Human Relations & Aging.

The Speaker Pro Tem assumed the Chair.

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

Representatives Williams of the 168th, Sims of the 123rd, Hatchett of the 150th, Epps of the 144th, Pruett of the 149th, Hugley of the 136th, Sharper of the 177th, Jones of the 53rd, Benton of the 31st, Willard of the 51st, Lindsey of the 54th, Morgan of the 39th, and Brockway of the 102nd.

252

JOURNAL OF THE HOUSE

Pursuant to HR 195, the House recognized February 7, 2013, as Turkish American Day at the capitol and commended the contributions of the Istanbul Center and Turkish Americans to the State of Georgia and invited them to be recognized by the House of Representatives.
Pursuant to HR 206, the House recognized February 7, 2013, as Veterinary Medicine Day at the state capitol and invited representatives from the Georgia veterinary medical community to be recognized by the House of Representatives.
The Speaker assumed the Chair.
By unanimous consent, the following Bill of the House was postponed until tomorrow:
HB 3. By Representative Willard of the 51st:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 6 of Title 12 and Title 24 of the Official Code of Georgia Annotated, relating to the practice of professional forestry and evidence, respectively, so as to conform provisions of the Code due to the passage of 2011 HB 24 and HB 214; to change provisions relating to using a writing to refresh memory; to reassign functions of the former Division of Public Health of the Department of Community Health to the new Department of Public Health relating to disclosure of AIDS confidential information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 124 Do Pass, by Substitute HB 132 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman

THURSDAY, FEBRUARY 7, 2013

253

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 203. By Representative Ralston of the 7th:
A RESOLUTION to provide for the nomination and election of the state auditor; and for other purposes.
The Speaker announced that, pursuant to the adoption of HR 203 by the House and Senate, the nomination and election of the state auditor shall be one hour after the convening of the House of Representatives and the Senate on Friday, February 8, 2013, at which time the chair shall call for the nomination and election of the state auditor by the House.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 10 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Carol W. Hunstein, Chief Justice of the Supreme Court, was called to order by the Speaker of the House, David Ralston.
The Resolution calling for the Joint Session was read.
The Honorable Carol W. Hunstein appeared upon the floor of the House and addressed the Joint Session.
Representative O'Neal of the 146th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The Speaker of the House, David Ralston, announced the Joint Session dissolved.
The Speaker called the House to order.
The Speaker Pro Tem assumed the Chair.
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:

254

JOURNAL OF THE HOUSE

HR 181 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 181. By Representatives Hitchens of the 161st, Lumsden of the 12th, Atwood of the 179th, Deffenbaugh of the 1st, Tanner of the 9th and others:
A RESOLUTION commending law enforcement cooperation between the State of Georgia, the United States Department of State, and the Republic of Georgia and inviting Director Vernon Keenan of the Georgia Bureau of Investigation to be recognized by the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 219. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Rogers of the 29th, England of the 116th and others:
A RESOLUTION recognizing and commending Dr. Michael F. Adams on his extraordinary accomplishments as president of the University of Georgia and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 220. By Representatives Dickson of the 6th, Broadrick of the 4th and Neal of the 2nd:
A RESOLUTION recognizing and commending the Northwest Whitfield County High School Lady Bruins softball team on their 2012 GHSA Class AAAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 221. By Representative Parrish of the 158th:
A RESOLUTION recognizing and commending the Emanuel County Institute High School football team on their 2012 GHSA Class A State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
HR 222. By Representatives Nimmer of the 178th, Coomer of the 14th, Houston of the 170th, Shaw of the 176th, Watson of the 172nd and others:

THURSDAY, FEBRUARY 7, 2013

255

A RESOLUTION commending the Pierce County High School cheerleading squad on their 2012-2013 GHSA Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 223.

By Representatives Beasley-Teague of the 65th, Brooks of the 55th, Dawkins-Haigler of the 91st, Scott of the 76th, Anderson of the 92nd and others:

A RESOLUTION honoring the life and memory of Mrs. Corine Legg Box; and for other purposes.

HR 224. By Representatives Beasley-Teague of the 65th, Dawkins-Haigler of the 91st, Scott of the 76th, Jordan of the 77th, Thomas of the 56th and others:

A RESOLUTION recognizing and commending the Temple of Prayer United Church of God in Christ on the occasion of its 25th anniversary; and for other purposes.

HR 225. By Representatives Beasley-Teague of the 65th, Dawkins-Haigler of the 91st, Hugley of the 136th, Scott of the 76th, Jordan of the 77th and others:

A RESOLUTION commending and recognizing Bennie Butler Newroth for her significant achievements; and for other purposes.

HR 226. By Representative Hill of the 22nd:

A RESOLUTION recognizing February 23, 2013, as Rotary Day in Georgia; and for other purposes.

HR 227. By Representatives Coleman of the 97th, Nix of the 69th, Smith of the 70th, Kaiser of the 59th, Rice of the 95th and others:

A RESOLUTION recognizing and commending Peter Leistikow; and for other purposes.

Representative O'Neal of the 146th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.

The Speaker Pro Tem announced the House adjourned until 9:30 o'clock, tomorrow morning.

256

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Friday, February 8, 2013

Fourteenth 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 Alexander Allison Anderson Atwood Ballinger Barr E Battles Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Casas E Chandler Channell Chapman Cheokas E Clark, J Clark, V Coleman

Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey E Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, J Evans Fleming Floyd Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton E Golick Gordon Gravley Greene

Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Jordan Kelley Kendrick Kidd Kirby E Knight Lindsey Lumsden Mabra Marin E Martin Maxwell

Mayo E McCall
Meadows Mitchell Morgan Mosby E Murphy Neal Nimmer Nix O'Neal Pak Parrish Parsons Peake Pezold Powell, A E Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw

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

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

Representatives Carter of the 175th, Epps of the 132nd, Kaiser of the 59th, Morris of the 156th, Oliver of the 82nd, Sims of the 169th, and Thomas of the 56th.

FRIDAY, FEBRUARY 8, 2013

257

They wished to be recorded as present.
Prayer was offered by Reverend Jim McRae, Senior Pastor, Canton First United Methodist Church, Canton, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 242. By Representatives Willard of the 51st, Coomer of the 14th, Hatchett of the 150th, Nimmer of the 178th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the O.C.G.A., relating to classification and separation of inmates generally; to amend Chapter 4A of

258

JOURNAL OF THE HOUSE

Title 49 of the O.C.G.A., relating to the Department of Juvenile Justice; to amend the O.C.G.A., so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 243. By Representatives Glanton of the 75th, Lindsey of the 54th, Weldon of the 3rd, Jones of the 62nd, Willard of the 51st and others:
A BILL to be entitled an Act to amend Code Section 47-23-64 of the Official Code of Georgia Annotated, relating to transfer of funds from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System by superior court judges, district attorneys, or solicitors-general and crediting service, so as to provide that any member of such retirement system shall be eligible to transfer funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 244. By Representatives Nix of the 69th, Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise certain provisions relating to annual performance evaluations; to provide for the development of evaluation systems for teachers of record, assistant principals, and principals; to provide for confidentiality and exceptions; to provide for the reporting of certain evaluation results to the Professional Standards Commission; to revise provisions relating to annual contracts; to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 245. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated professional personnel under the "Quality Basic Education Act," so as to provide that an educator cannot be prohibited from enrolling in a leadership

FRIDAY, FEBRUARY 8, 2013

259

preparation program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 246. By Representatives Golick of the 40th, Smith of the 134th, Neal of the 2nd and Shaw of the 176th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to provide benefit programs to its officers, employees, and other agents, including a retirement plan and a group insurance plan; to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to extend the option to elect coverage in the program to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 247. By Representative Battles of the 15th:
A BILL to be entitled an Act to provide a new charter for the City of Emerson; 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 repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 248. By Representatives Neal of the 2nd and Deffenbaugh of the 1st:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize a person with a weapons carry license to possess a weapon on the property of a place of worship under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

260

JOURNAL OF THE HOUSE

Referred to the Committee on Public Safety & Homeland Security.
HB 249. By Representative Neal of the 2nd:
A BILL to be entitled an Act to amend Code Section 20-2-316 of the Official Code of Georgia Annotated, relating to definition of an athletic association and involvement of association in high school athletics, so as to provide that no high school which receives state funding shall participate in an athletic association unless the athletic association in classifying schools for the purposes of athletic competition based upon school student population adjusts the student population of private schools by multiplying the student population of such private schools by 1.5; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 250. By Representative Rice of the 95th:
A BILL to be entitled an Act to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the local excise tax on the sale or use of energy, so as to provide for the revision of certain provisions relating to the levy, collection, and administration of such excise tax; to provide for nonapplicability of such tax to certain projects; to provide for procedures, conditions, and limitations; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 251. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to prohibit the sale of alternative nicotine products or components thereof to minors; to provide for verification of age prior to sale; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 252. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th:

FRIDAY, FEBRUARY 8, 2013

261

A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the magistrate court of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 253. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 254. By Representatives Williamson of the 115th, Shaw of the 176th, Rice of the 95th, Harbin of the 122nd, Teasley of the 37th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 255. By Representatives Rogers of the 10th, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the

262

JOURNAL OF THE HOUSE

federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 256. By Representatives Harbin of the 122nd, Willard of the 51st, Powell of the 32nd, Pruett of the 149th and Abrams of the 89th:
A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to provide for the regulation of cigar wraps; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 257. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 258. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 259. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change

FRIDAY, FEBRUARY 8, 2013

263

certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 260. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 261. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Article 9 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to franchise taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 262. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Chapter 18 of Title 36 of the Official Code of Georgia Annotated, relating to regulation of cable television systems, so as to change a definition regarding such systems; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 263. By Representatives Martin of the 49th, Riley of the 50th, Neal of the 2nd, Harbin of the 122nd, Battles of the 15th and others:
A BILL to be entitled an Act to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the O.C.G.A., relating to school personnel postemployment health benefit fund, so as to provide that any person who becomes eligible to participate in such fund on or after July 1, 2013, shall pay a premium which reflects the entire cost of such coverage; to prohibit the expenditure of public funds to subsidize the cost of health care; to provide for persons currently eligible; to amend Part 2 of Article 1 of Chapter 18 of Title 45 of the O.C.G.A., relating to the state employees post-employment health

264

JOURNAL OF THE HOUSE

benefit fund, so as to provide that any person who becomes eligible to participate in such fund on or after July 1, 2013, shall pay a premium which reflects the entire cost of such coverage; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 264. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, 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 extensively revise such Act; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 265. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, Geisinger of the 48th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 266. By Representative Peake of the 141st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 8, 2013

265

Referred to the Committee on Ways & Means.

HB 267. By Representatives Chapman of the 167th and Drenner of the 85th:

A BILL to be entitled an Act to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service and the recovery of financing costs, so as to change the calculation used under certain circumstances to determine the costs of financing associated with the construction of a nuclear generating plant that a utility may recover from its customers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

HR 218. By Representatives Sims of the 123rd, Benton of the 31st and Coleman of the 97th:

A RESOLUTION requesting that all local school superintendents recognize that learning the United States Constitution is a vital facet of primary education; and for other purposes.

Referred to the Committee on Education.

HR 228. By Representatives Waites of the 60th, Gardner of the 57th, Kaiser of the 59th, Morgan of the 39th, Drenner of the 85th and others:

A RESOLUTION requesting the Congress of the United States to pass legislation restoring the deep cuts to mental health services, research, special education, and supportive housing for children and adults living with mental illness; and for other purposes.

Referred to the Committee on Health & Human Services.

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

HB 224 HB 226 HB 228 HB 230 HB 232 HB 234

HB 225 HB 227 HB 229 HB 231 HB 233 HB 235

266

JOURNAL OF THE HOUSE

HB 236 HB 238 HB 240 HR 204 HR 217

HB 237 HB 239 HB 241 HR 205 SB 14

Representative Carter of the 175th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 87 Do Pass, by Substitute

Respectfully submitted, /s/ Carter of the 175th
Chairman

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

Mr. Speaker:

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

HB 174 HB 204 HB 220

Do Pass Do Pass Do Pass

HB 201 HB 206 HB 223

Do Pass Do Pass Do Pass

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

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

FRIDAY, FEBRUARY 8, 2013

267

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

HB 160 HB 194 HR 4

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

Respectfully submitted, /s/ Willard of the 51st
Chairman

Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HB 202 Do Pass, by Substitute

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

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 8, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

268

JOURNAL OF THE HOUSE

Modified Open Rule

HB 105

Supplemental appropriations; State Fiscal Year July 1, 2012 - June 30, 2013 (Substitute)(App-Ralston-7th)

Modified Structured Rule

None

Structured Rule

None

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

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

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

HB 174. By Representative Powell of the 32nd:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3655), so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes.

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

HB 201. By Representative Taylor of the 173rd:

A BILL to be entitled an Act to create the Grady County Lake Authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

FRIDAY, FEBRUARY 8, 2013

269

HB 204. By Representative Powell of the 171st:
A BILL to be entitled an Act to provide a new charter for the City of Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, so as to provide for staggered, four-year terms of office for the city council; to provide for four-year terms of office for the mayor; to provide for the manner of election and transitions; 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 206. By Representative Benton of the 31st:
A BILL to be entitled an Act to provide for a new charter for the City of Hoschton, Georgia; to provide for corporate boundaries and powers; to provide for a governmental structure; to provide for handling administrative affairs; to provide for a judicial branch; to provide for election and removal of officials; to provide for addressing the financial affairs of the city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 220. By Representative Harden of the 148th:
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.

270

JOURNAL OF THE HOUSE

HB 223. By Representative Gasaway of the 28th:

A BILL to be entitled an Act to create a board of elections and registration for Banks County and to provide for its powers and duties; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Kaiser Y Kelley Y Kendrick

E McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake
Pezold Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Welch

FRIDAY, FEBRUARY 8, 2013

271

Y Carter Y Casas E Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon
Sims, B

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

On the passage of the Bills, the ayes were 154, nays 0.

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

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

Representatives Beasley-Teague of the 65th, Mayo of the 84th, Gardner of the 57th, Smyre of the 135th, and Cooper of the 43rd.

Pursuant to the following Resolution of the House, the Speaker called for the nomination and election of the state auditor:

HR 203. By Representative Ralston of the 7th:

A RESOLUTION to provide for the nomination and election of the state auditor; and for other purposes.

Representative England of the 116th placed in nomination the name of the Honorable Greg S. Griffin, which nomination was seconded by Representative Abrams of the 89th.

Representative O'Neal of the 146th moved that the nominations be closed.

The motion prevailed.

On the election of the Honorable Greg S. Griffin as state auditor, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr E Battles

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M

272

JOURNAL OF THE HOUSE

Y Beasley-Teague Y Bell Y Bennett Y Bentley E Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas E Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo

Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

On the election of the Honorable Greg S. Griffin as state auditor, the ayes were 162, nays 0.

Having received a majority vote of the membership of the House of Representatives, the name of the Honorable Greg S. Griffin was ordered transmitted to the Senate for confirmation.

Under the general order of business, established by the Committee on Rules, the following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

HB 3. By Representative Willard of the 51st:

A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 6 of Title 12 and Title 24 of the Official Code of Georgia Annotated, relating to the practice of professional forestry and evidence, respectively, so as to conform provisions of the Code due to the passage of 2011 HB 24 and HB 214; to change provisions relating to using a writing to refresh memory; to reassign functions of the former Division of Public Health of the Department of Community Health to the new Department of Public Health relating to

FRIDAY, FEBRUARY 8, 2013

273

disclosure of AIDS confidential information; 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:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr E Battles N Beasley-Teague N Bell N Bennett N Bentley E Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas E Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar N Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
Dutton Y Ehrhart Y England Y Epps, C Y Epps, J
Evans Y Fleming N Floyd Y Fludd N Frazier N Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick N Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin E Martin Y Maxwell N Mayo

E McCall Y Meadows Y Mitchell N Morgan Y Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, B
VACANT VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 129, nays 33.

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

274

JOURNAL OF THE HOUSE

Pursuant to HR 181, the House commended law enforcement cooperation between the State of Georgia, the United States Department of State, and the Republic of Georgia and invited Director Vernon Keenan of the Georgia Bureau of Investigation to be recognized by the House of Representatives.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means:
HB 80. By Representatives Rice of the 95th and Geisinger of the 48th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
The following Committee substitute was read:
HOUSE SUBSTITUTE A BILL TO BE ENTITLED
AN ACT

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012

FRIDAY, FEBRUARY 8, 2013

275

(Ga. L. 2012, Volume One, Appendix, commencing at page 1 of 175), so as to make, provide, and change certain 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

An Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at Page 1 of 175), is amended by striking everything following the Part I designation through Section 56 and by substituting in lieu thereof the following:

"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)

$40,248,884,729 $11,623,354,987
$93,676,129 $102,672,024
$14,141,291 $15,977,927 $1,143,641,430 $73,000,590 $51,766,614 $20,886,897 $5,898,769,829 $47,141,096
$2,141,120 $89,752,473 $333,550,998
$9,551,600 $346,977,739 $3,379,707,230 $125,727,073
$8,525,193 $241,475
$13,704,454

276

JOURNAL OF THE HOUSE

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 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

Section 1: Georgia Senate Total Funds State Funds State General Funds
1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds
1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds

$103,255,951 $5,541,497,774 $2,978,896,849
$139,386,524 $376,916,346
$18,424,010 $435,771
$2,027,438,274 $19,315,325,656
$2,396,580 $234,968,478 $866,365,210 $983,293,108 $167,756,401 $16,907,193,101 $153,352,778 $3,642,979,239 $3,090,119,428 $280,857,262
$69,525,660 $49,269,674 $153,207,215
$10,374,470 $10,374,470 $10,374,470
$1,212,241 $1,212,241 $1,212,241
$1,114,623 $1,114,623 $1,114,623

FRIDAY, FEBRUARY 8, 2013

277

1.3. Senate Total Funds State Funds State General Funds

$7,048,447 $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 expertise to

the State Senate.

Total Funds

$999,159

State Funds

$999,159

State General Funds

$999,159

Section 2: Georgia House of Representatives Total Funds State Funds State General Funds

$18,241,875 $18,241,875 $18,241,875

2.1. House of Representatives

Total Funds

$18,241,875

State Funds

$18,241,875

State General Funds

$18,241,875

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$18,631,809 $18,631,809

Reduce funds for operating expenses.

($389,934)

($389,934)

Amount appropriated in this Act

$18,241,875 $18,241,875

Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds

$9,786,474 $9,786,474 $9,786,474

3.1. Ancillary Activities

Purpose: The purpose of this appropriation is to provide services for the legislative branch of government.

Total Funds

$4,609,666

State Funds

$4,609,666

State General Funds

$4,609,666

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

278

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Amount appropriated in this Act

State Funds $4,807,892
($2,900) $21,029 ($216,355) $4,609,666

Total Funds $4,807,892
($2,900) $21,029 ($216,355) $4,609,666

3.2. Legislative Fiscal Office

Purpose: The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments.

Total Funds

$2,267,255

State Funds

$2,267,255

State General Funds

$2,267,255

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,290,157

$2,290,157

Reduce funds for operating expenses.

($22,902)

($22,902)

Amount appropriated in this Act

$2,267,255

$2,267,255

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

$2,909,553

State Funds

$2,909,553

State General Funds

$2,909,553

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,938,942

$2,938,942

Reduce funds for operating expenses.

($29,389)

($29,389)

Amount appropriated in this Act

$2,909,553

$2,909,553

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

$29,984,852 $248,710 $248,710
$29,646,142 $29,646,142
$90,000

FRIDAY, FEBRUARY 8, 2013

279

Other Intra-State Government Payments

$90,000

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

$26,022,858

Other Funds

$248,710

Other Funds - Not Specifically Identified

$248,710

State Funds

$25,684,148

State General Funds

$25,684,148

Intra-State Government Transfers

$90,000

Other Intra-State Government Payments

$90,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$26,482,810 $26,821,520

Reduce funds to reflect an adjustment in property liability premiums.

($378)

($378)

Reflect an adjustment in telecommunications expenses.

$5,083

$5,083

Reduce funds for personal services.

($600,779)

($600,779)

Reduce funds for operating expenses.

($202,588)

($202,588)

Amount appropriated in this Act

$25,684,148 $26,022,858

4.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all Department programs.

Total Funds

$1,639,413

State Funds

$1,639,413

State General Funds

$1,639,413

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,639,202

$1,639,202

Reduce funds to reflect an adjustment in property liability premiums.

($17)

($17)

Reflect an adjustment in telecommunications expenses.

$228

$228

Amount appropriated in this Act

$1,639,413

$1,639,413

280

JOURNAL OF THE HOUSE

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

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

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

$2,055,020

State Funds

$2,055,020

State General Funds

$2,055,020

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,060,650

$2,060,650

Reduce funds to reflect an adjustment in property liability premiums.

($30)

($30)

Reflect an adjustment in telecommunications expenses.

$400

$400

Reduce funds for contractual services.

($6,000)

($6,000)

Amount appropriated in this Act

$2,055,020

$2,055,020

Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds

$14,268,377 $150,000 $150,000
$14,118,377

FRIDAY, FEBRUARY 8, 2013

281

State General Funds

$14,118,377

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

$14,268,377

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$14,118,377

State General Funds

$14,118,377

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$14,106,000 $14,256,000

Reduce funds to reflect an adjustment in property liability premiums.

($867)

($867)

Reflect an adjustment in telecommunications expenses.

$2,785

$2,785

Increase funds for personal services eliminated in previous budget reductions.

$0

$0

Increase funds for maintenance fees associated with docket software.

$0

$0

Increase funds to reflect an adjustment in real estate rentals.

$10,459

$10,459

Increase funds for additional printing costs due to new judgeships.

$0

$0

Amount appropriated in this Act

$14,118,377 $14,268,377

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

$16,089,850 $2,552,935 $2,552,935 $1,144,998 $876,093 $268,905
$12,391,917 $12,391,917

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

$431,463

282

JOURNAL OF THE HOUSE

State Funds

$431,463

State General Funds

$431,463

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$431,821

$431,821

Reflect an adjustment in telecommunications expenses.

($358)

($358)

Amount appropriated in this Act

$431,463

$431,463

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

$172,173

Other Funds

$172,890

Agency Funds

$172,890

State Funds

($717)

State General Funds

($717)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$172,890

Reflect an adjustment in telecommunications expenses.

($717)

($717)

Amount appropriated in this Act

($717)

$172,173

6.3. Georgia Statewide Judiciary e-Filing

Purpose: The purpose of this appropriation is to provide for the development and implementation of civil e-filing in all classes of court throughout the judiciary statewide.

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 (HB 742)

$0

$0

Increase funds to support the statewide e-filing initiative.

$0

$0

Amount appropriated in this Act

$0

$0

6.4. 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

FRIDAY, FEBRUARY 8, 2013

283

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

6.5. 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

$13,010,799

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

$10,188,959

State General Funds

$10,188,959

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$10,218,036 $13,039,876

Reduce funds to reflect an adjustment in property liability premiums.

($768)

($768)

Reflect an adjustment in telecommunications expenses.

($28,309)

($28,309)

Amount appropriated in this Act

$10,188,959 $13,010,799

6.6. 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

$510,423

State Funds

$510,423

State General Funds

$510,423

284

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 (HB 742)

$512,215

$512,215

Reflect an adjustment in telecommunications expenses.

($1,792)

($1,792)

Amount appropriated in this Act

$510,423

$510,423

6.7. 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

Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$7,220,319 $447,456 $447,456
$6,772,863 $6,772,863

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

$1,915,924

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

State Funds

$1,468,468

State General Funds

$1,468,468

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,470,066

$1,917,522

Reduce funds to reflect an adjustment in property liability premiums.

($1,835)

($1,835)

Reflect an adjustment in telecommunications expenses.

$237

$237

Amount appropriated in this Act

$1,468,468

$1,915,924

FRIDAY, FEBRUARY 8, 2013

285

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

$62,356,554 $1,802,127 $1,802,127
$60,554,427 $60,554,427

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

$56,289,102

Other Funds

$1,802,127

Other Funds - Not Specifically Identified

$1,802,127

State Funds

$54,486,975

State General Funds

$54,486,975

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$52,881,965 $54,684,092

Increase funds for personal services related to increased leave liability payments and Employees' Retirement System payments.

$479,913

$479,913

Transfer funds from the Prosecuting Attorney's Council program to align expenditures in retirement premiums to the correct program.

$1,125,097

$1,125,097

Increase funds for travel for district attorneys.

$0

$0

Amount appropriated in this Act

$54,486,975 $56,289,102

286

JOURNAL OF THE HOUSE

8.3. Prosecuting Attorney's Council

Purpose: The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

Total Funds

$5,879,997

State Funds

$5,879,997

State General Funds

$5,879,997

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,005,291

$7,005,291

Reduce funds to reflect an adjustment in property liability premiums.

($197)

($197)

Transfer funds to the District Attorneys program to align expenditures in retirement premiums to the correct program.

($1,125,097)

($1,125,097)

Increase funds to reflect the adjustment in the employer share of State

$0

$0

Health Benefit Plan premiums.

Amount appropriated in this Act

$5,879,997

$5,879,997

Section 9: Superior Courts Total Funds State Funds State General Funds

$61,106,823 $61,106,823 $61,106,823

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

$1,293,158

State Funds

$1,293,158

State General Funds

$1,293,158

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,291,377

$1,291,377

Reduce funds to reflect an adjustment in property liability premiums.

($40)

($40)

Reflect an adjustment in telecommunications expenses.

$416

$416

Increase funds to reflect an adjustment in real estate rentals.

$1,405

$1,405

Amount appropriated in this Act

$1,293,158

$1,293,158

9.2. Judicial Administrative Districts Purpose: The purpose of this appropriation is to provide regional administrative support to the judges of

FRIDAY, FEBRUARY 8, 2013

287

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

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 (HB 742)

$2,336,893

$2,336,893

Increase funds for personal services eliminated in previous budget reductions.

$0

$0

Increase funds for operating expenses eliminated in previous budget reductions.

$0

$0

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 (HB 742)

$57,476,772 $57,476,772

Increase funds for personal services eliminated in previous budget reductions.

$0

$0

Reduce funds for senior judges and consolidate remaining funds for accountability courts' senior judges and general usage senior judges into one category.

$0

$0

Amount appropriated in this Act

$57,476,772 $57,476,772

Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$10,928,047 $1,859,823 $1,859,823 $9,068,224 $9,068,224

288

JOURNAL OF THE HOUSE

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

$10,928,047

Other Funds

$1,859,823

Other Funds - Not Specifically Identified

$1,859,823

State Funds

$9,068,224

State General Funds

$9,068,224

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$9,093,297 $10,953,120

Reflect an adjustment in telecommunications expenses.

($32,613)

($32,613)

Increase funds to reflect an adjustment in real estate rentals.

$7,540

$7,540

Amount appropriated in this Act

$9,068,224 $10,928,047

Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$19,416,127 $3,720,804 $3,720,804
$15,695,323 $15,695,323

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

$19,416,127

State Funds

$3,720,804

State General Funds

$3,720,804

Intra-State Government Transfers

$15,695,323

Other Intra-State Government Payments

$15,695,323

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 8, 2013

289

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for personal services. Eliminate funds for the training contract with the Carl Vinson Institute of Government. Amount appropriated in this Act

State Funds $3,781,064
($113) ($36,715) ($23,432)
$0
$3,720,804

Total Funds $19,476,387
($113) ($36,715) ($23,432)
$0
$19,416,127

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 Other Intra-State Government Payments Self Insurance Trust Fund Payments

$189,511,609 $22,911,543 $14,963,076
$7,948,467 $4,738,366 $4,738,366 $161,861,700 $8,654,485 $153,207,215

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. 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

$7,500

State Funds

$7,500

State General Funds

$7,500

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$337,355

$337,355

Reduce funds for HR 1160 (2012 Session) as it did not receive final passage.

($329,855)

($329,855)

Amount appropriated in this Act

$7,500

$7,500

290

JOURNAL OF THE HOUSE

12.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$5,729,732

Other Funds

$5,729,732

Other Funds - Not Specifically Identified

$5,729,732

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$5,729,732

Utilize existing funds for Team Georgia personal services and operating expenses and remit $350,000 to Treasury.

$0

$0

Amount appropriated in this Act

$0

$5,729,732

12.3. 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

12.4. 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

Intra-State Government Transfers

$8,654,485

Other Intra-State Government Payments

$8,654,485

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

$153,707,215

State Funds

$500,000

FRIDAY, FEBRUARY 8, 2013

291

State General Funds

$500,000

Intra-State Government Transfers

$153,207,215

Self Insurance Trust Fund Payments

$153,207,215

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $161,735,205

Reduce unemployment billings by $1,200,000 from $2,500,000 to $1,300,000 to reflect the actual amount billed to the Department of Behavioral Health and Developmental Disabilities.

$0 ($1,200,000)

Reduce billings for property liability by $7,327,990.

$0 ($7,327,990)

Increase funds for the Peace Officer's Indemnification Trust Fund.

$500,000

$500,000

Amount appropriated in this Act

$500,000 $153,707,215

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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $10,319,374

Eliminate the additional payment to Treasury of $1,200,000 as required by HB 742 (2012 Session).

$0

$0

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 nonprofits, and to the public through auction.

Total Funds

$1,198,594

Other Funds

$1,198,594

Other Funds - Not Specifically Identified

$1,198,594

292

JOURNAL OF THE HOUSE

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

$39,506

State Funds

$39,506

State General Funds

$39,506

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$40,728

$40,728

Reduce funds for operating expenses.

($1,222)

($1,222)

Amount appropriated in this Act

$39,506

$39,506

12.9. 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

$3,989,562

Other Funds

$1,300,805

Agency Funds

$1,300,805

State Funds

$2,688,757

State General Funds

$2,688,757

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,929,938

$4,230,743

Reduce funds to reflect an adjustment in property liability premiums.

($71)

($71)

Reduce funds for a vacant judge position and replace with a temporary position.

($78,110)

($78,110)

Reduce funds for the Tax Court based on projected expenditures.

($163,000)

($163,000)

Amount appropriated in this Act

$2,688,757

$3,989,562

12.10. 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

$3,342,897

FRIDAY, FEBRUARY 8, 2013

293

Other Funds Agency Funds

$3,342,897 $3,342,897

12.11. Payments to Georgia Aviation Authority

Purpose: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property.

Total Funds

$1,502,603

State Funds

$1,502,603

State General Funds

$1,502,603

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,540,251

$1,540,251

Reduce funds to reflect an adjustment in property liability premiums.

($396)

($396)

Reflect an adjustment in telecommunications expenses.

$8,956

$8,956

Reduce funds for contractual services.

($46,208)

($46,208)

Amount appropriated in this Act

$1,502,603

$1,502,603

12.12. Payments to Georgia Technology Authority

Purpose: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Provide for a payment to the Office of the State Treasurer of $6,000,000.

$0

$0

Amount appropriated in this Act

$0

$0

Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$50,166,802 $7,163,980 $7,163,980 $3,454,038 $3,454,038
$39,548,784 $39,548,784

294

JOURNAL OF THE HOUSE

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

$2,830,387

State Funds

$2,830,387

State General Funds

$2,830,387

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,810,149

$2,810,149

Increase funds for the contract with the Board of Regents to reflect an increase in the employer share of health insurance.

$9,508

$9,508

Increase funds for the contract with the Board of Regents to reflect an adjustment in the employer share of the Teachers Retirement System from 10.28% to 11.41%.

$10,730

$10,730

Amount appropriated in this Act

$2,830,387

$2,830,387

13.2. Consumer Protection

Purpose: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.

Total Funds

$31,696,180

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

$23,066,196

State General Funds

$23,066,196

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$24,325,136 $32,955,120

Reflect an adjustment in telecommunications expenses.

($104,729)

($104,729)

FRIDAY, FEBRUARY 8, 2013

295

Reduce funds for real estate rentals to recognize savings from consolidating office space. Reduce funds for personal services as a result of cross-training and staff reorganization in the program. Reduce funds for motor vehicle purchases. Transfer funds to the Marketing and Promotion program for farmers' market expenses resulting from consumer protection inspections. Reduce funds for operating expenses. Amount appropriated in this Act

($140,239)
($355,765)
($121,000) ($472,013)
($65,194) $23,066,196

($140,239)
($355,765)
($121,000) ($472,013)
($65,194) $31,696,180

13.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$4,355,416

State Funds

$4,355,416

State General Funds

$4,355,416

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,558,992

$4,558,992

Reduce funds to reflect an adjustment in property liability premiums.

($33,693)

($33,693)

Reflect an adjustment in telecommunications expenses.

($27,863)

($27,863)

Reduce funds for personal services as a result of cross-training and staff reorganization in the program.

($142,020)

($142,020)

Amount appropriated in this Act

$4,355,416

$4,355,416

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

$7,459,952

Federal Funds and Grants

$35,000

Federal Funds Not Specifically Identified

$35,000

Other Funds

$1,953,034

Other Funds - Not Specifically Identified

$1,953,034

State Funds

$5,471,918

State General Funds

$5,471,918

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

296

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Reduce funds for real estate rentals to recognize savings from consolidating office space. Reduce funds for personal services as a result of cross-training and staff reorganization in the program. Eliminate contract funds for the Brussels office. Transfer funds from the Consumer Protection program for farmers' market expenses resulting from consumer protection inspections. Increase funds for operating expenses related to issuing Georgia Agricultural Tax Exemption certificates. Reduce funds for H1B/H2A Guest Worker Program. Amount appropriated in this Act

State Funds $4,991,729
($43,043) ($36,046)
($139,324)
($81,882) $472,013
$350,000
($41,529) $5,471,918

Total Funds $6,979,763
($43,043) ($36,046)
($139,324)
($81,882) $472,013
$350,000
($41,529) $7,459,952

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

$2,680,399

State Funds

$2,680,399

State General Funds

$2,680,399

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,763,298

$2,763,298

Reduce funds for operating expenses.

($82,899)

($82,899)

Amount appropriated in this Act

$2,680,399

$2,680,399

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

$1,144,468

State Funds

$1,144,468

State General Funds

$1,144,468

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,284,739

$1,284,739

FRIDAY, FEBRUARY 8, 2013

297

Reduce funds to reflect an adjustment in property liability premiums. Reduce funds for operating expenses. Reduce funds to recognize savings from energy efficiency investments and horse stable enhancements. Amount appropriated in this Act

($1,729) ($38,542) ($100,000)
$1,144,468

($1,729) ($38,542) ($100,000)
$1,144,468

Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds

$10,995,899 $10,995,899 $10,995,899

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

$218,040

State Funds

$218,040

State General Funds

$218,040

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$218,206

$218,206

Reflect an adjustment in telecommunications expenses.

($166)

($166)

Amount appropriated in this Act

$218,040

$218,040

14.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$1,987,487

State Funds

$1,987,487

State General Funds

$1,987,487

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,014,908

$2,014,908

Reduce funds to reflect an adjustment in property liability premiums.

($908)

($908)

Reflect an adjustment in telecommunications expenses.

($1,513)

($1,513)

Transfer funds for personal services to the Non-Depository Financial Institution Supervision program.

($25,000)

($25,000)

Amount appropriated in this Act

$1,987,487

$1,987,487

298

JOURNAL OF THE HOUSE

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

$6,917,848

State Funds

$6,917,848

State General Funds

$6,917,848

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,215,024

$7,215,024

Reflect an adjustment in telecommunications expenses.

($5,489)

($5,489)

Eliminate funds for one filled position and part-time labor, and hold two positions vacant.

($276,823)

($276,823)

Reduce funds for operating expenses.

($3,890)

($3,890)

Reduce funds for travel.

($10,974)

($10,974)

Amount appropriated in this Act

$6,917,848

$6,917,848

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

$1,872,524

State Funds

$1,872,524

State General Funds

$1,872,524

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,908,973

$1,908,973

Reflect an adjustment in telecommunications expenses.

($1,449)

($1,449)

Eliminate funds for part-time labor.

($38,488)

($38,488)

Reduce funds for operating expenses.

($1,512)

($1,512)

Eliminate contract funds for temporary labor.

($20,000)

($20,000)

Transfer funds for personal services from the Departmental Administration program.

$25,000

$25,000

Amount appropriated in this Act

$1,872,524

$1,872,524

FRIDAY, FEBRUARY 8, 2013

299

Section 15: Behavioral Health and Developmental Disabilities, Department of Total Funds Federal Funds and Grants Community Mental Health Services Block Grant Medical Assistance Program Prevention and Treatment of Substance Abuse Block Grant Social Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$1,120,673,072 $143,796,869 $14,141,291 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $10,738,935 $65,795,073 $57,108,904 $8,686,169 $908,661,420 $898,406,282 $10,255,138 $2,419,710 $2,419,710

15.1. Adult Addictive Diseases Services

Purpose: The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers.

Total Funds

$89,221,117

Federal Funds and Grants

$44,990,790

Medical Assistance Program

$200,000

Prevention and Treatment of Substance Abuse Block Grant

$30,722,070

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

$43,795,124

State General Funds

$43,795,124

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$45,076,146 $90,502,139

Reflect an adjustment in telecommunications expenses.

$28,681

$28,681

Transfer funds to the Adult Forensic Services program to properly align program purpose and expenditures.

($1,231,428) ($1,231,428)

300

JOURNAL OF THE HOUSE

Reduce state funds to reflect a one-time credit from the Employee's Retirement System.
Amount appropriated in this Act

($78,275) $43,795,124

($78,275) $89,221,117

15.2. Adult Developmental Disabilities Services

Purpose: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line.

Total Funds

$327,497,291

Federal Funds and Grants

$37,922,210

Medical Assistance Program

$11,778,039

Social Services Block Grant

$26,144,171

Other Funds

$38,787,669

Agency Funds

$35,339,769

Other Funds - Not Specifically Identified

$3,447,900

State Funds

$250,787,412

State General Funds

$240,532,274

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 (HB 742)

$274,751,725 $333,643,509

Reflect an adjustment in telecommunications expenses.

$443,177

$443,177

Reduce state funds to reflect a one-time credit from the Employee's Retirement System.

($2,387,394) ($2,387,394)

Replace state funds with Medicaid Upper Payment Limit and Cost

($17,818,095)

$0

Settlement revenue.

Reduce funds to reflect savings from unit closures at state hospitals.

($6,500,000) ($6,500,000)

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$2,297,999

$2,297,999

Amount appropriated in this Act

$250,787,412 $327,497,291

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

$78,303,415

Other Funds

$26,500

Other Funds - Not Specifically Identified

$26,500

State Funds

$78,276,915

State General Funds

$78,276,915

FRIDAY, FEBRUARY 8, 2013

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 (HB 742)

$68,388,654 $68,415,154

Reflect an adjustment in telecommunications expenses.

$12,460

$12,460

Transfer funds from the Adult Addictive Disease Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to properly align program purpose and expenditures.

$2,334,600

$2,334,600

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$4,853,320

$4,853,320

Transfer funds from the Direct Care Support Services program to meet projected treatment mall expenditures.

$2,687,881

$2,687,881

Amount appropriated in this Act

$78,276,915 $78,303,415

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

$300,523,193

Federal Funds and Grants

$16,747,136

Community Mental Health Services Block Grant

$6,703,760

Medical Assistance Program

$1,982,065

Federal Funds Not Specifically Identified

$8,061,311

Other Funds

$2,303,357

Agency Funds

$1,130,000

Other Funds - Not Specifically Identified

$1,173,357

State Funds

$281,472,700

State General Funds

$281,472,700

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$279,744,235 $298,794,728

Reduce funds to reflect an adjustment in property liability premiums.

($30,765)

($30,765)

Reflect an adjustment in telecommunications expenses.

$94,040

$94,040

Transfer funds to the Adult Forensic Services program to properly align program purpose and expenditures.

($1,103,172) ($1,103,172)

Reduce state funds to reflect a one-time credit from the Employee's Retirement System.

($1,448,091) ($1,448,091)

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$2,072,629

$2,072,629

Transfer funds from the Direct Care Support Services program to meet projected treatment mall expenditures.

$2,143,824

$2,143,824

302

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$281,472,700 $300,523,193

15.5. Adult Nursing Home Services

Purpose: The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities.

Total Funds

$14,481,944

Other Funds

$6,330,069

Agency Funds

$6,330,069

State Funds

$8,151,875

State General Funds

$8,151,875

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,883,629 $11,213,698

Reflect an adjustment in telecommunications expenses.

$5,163

$5,163

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$3,263,083

$3,263,083

Amount appropriated in this Act

$8,151,875 $14,481,944

15.6. Child and Adolescent Addictive Diseases Services

Purpose: The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$9,432,669

Federal Funds and Grants

$6,154,800

Medical Assistance Program

$226,000

Prevention and Treatment of Substance Abuse Block Grant

$5,928,800

State Funds

$3,277,869

State General Funds

$3,277,869

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$3,273,354

$9,428,154

Reflect an adjustment in telecommunications expenses.

$4,515

$4,515

Amount appropriated in this Act

$3,277,869

$9,432,669

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

$11,509,276

Federal Funds and Grants

$3,148,692

FRIDAY, FEBRUARY 8, 2013

303

Medical Assistance Program

$3,148,692

State Funds

$8,360,584

State General Funds

$8,360,584

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$8,345,916 $11,494,608

Reflect an adjustment in telecommunications expenses.

$14,668

$14,668

Amount appropriated in this Act

$8,360,584 $11,509,276

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

$5,113,729

State Funds

$5,113,729

State General Funds

$5,113,729

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$3,301,930

$3,301,930

Reflect an adjustment in telecommunications expenses.

$11,799

$11,799

Transfer funds for the Turner Center from the Child and Adolescent Mental Health Services program to properly align program purpose and expenditures.

$1,800,000

$1,800,000

Amount appropriated in this Act

$5,113,729

$5,113,729

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

$86,601,964

Federal Funds and Grants

$10,201,314

Community Mental Health Services Block Grant

$7,437,531

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

$73,730,869

State General Funds

$73,730,869

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

304

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742)
Reflect an adjustment in telecommunications expenses.
Transfer funds for the Turner Center to the Child and Adolescent Forensic Services program to properly align program purpose and expenditures.
Amount appropriated in this Act

State Funds $75,502,819
$28,050 ($1,800,000)

Total Funds $88,373,914
$28,050 ($1,800,000)

$73,730,869 $86,601,964

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

$48,717,553

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

$36,979,836

State General Funds

$36,979,836

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$36,672,440 $48,410,157

Reflect an adjustment in telecommunications expenses.

$307,396

$307,396

Amount appropriated in this Act

$36,979,836 $48,717,553

15.11. Direct Care Support Services

Purpose: The purpose of this appropriation is to operate six state-owned and operated hospitals.

Total Funds

$135,433,400

Other Funds

$15,220,361

Agency Funds

$13,767,030

Other Funds - Not Specifically Identified

$1,453,331

State Funds

$117,793,329

State General Funds

$117,793,329

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 (HB 742)

$137,351,122 $154,991,193

FRIDAY, FEBRUARY 8, 2013

305

Reduce funds to reflect an adjustment in property liability premiums.
Reflect an adjustment in telecommunications expenses.
Reduce funds for personal services.
Reduce funds for contractual services.
Transfer funds to the Adult Developmental Disabilities Services ($2,297,999), Adult Forensic Services ($4,853,320), Adult Mental Health Services ($2,072,629), and Adult Nursing Home Services ($3,263,083) programs to properly align budget to expenditures.
Transfer funds to Adult Forensic Services ($2,687,881) and Adult Mental Health Services ($2,143,824) to meet projected treatment mall expenditures.
Amount appropriated in this Act

($260,538) $1,521,481 ($2,000,000) ($1,500,000) ($12,487,031)
($4,831,705)
$117,793,329

($260,538) $1,521,481 ($2,000,000) ($1,500,000) ($12,487,031)
($4,831,705)
$135,433,400

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

$10,472,009

Federal Funds and Grants

$10,238,719

Prevention and Treatment of Substance Abuse Block Grant

$10,238,719

State Funds

$233,290

State General Funds

$233,290

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$233,007 $10,471,726

Reflect an adjustment in telecommunications expenses.

$283

$283

Amount appropriated in this Act

$233,290 $10,472,009

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

$2,723,896

Federal Funds and Grants

$2,677,624

Federal Funds Not Specifically Identified

$2,677,624

State Funds

$46,272

State General Funds

$46,272

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

306

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Amount appropriated in this Act

State Funds $44,635 $2,976 ($1,339) $46,272

Total Funds $2,722,259
$2,976 ($1,339) $2,723,896

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

$641,616

State Funds

$641,616

State General Funds

$641,616

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$656,279

$656,279

Reflect an adjustment in telecommunications expenses.

$5,025

$5,025

Reduce funds for operating expenses.

($19,688)

($19,688)

Amount appropriated in this Act

$641,616

$641,616

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

$224,990,515 $172,892,464 $172,892,464 $13,479,364
$55,284 $13,424,080 $38,618,687 $38,618,687

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

$559,059

Federal Funds and Grants

$75,116

Federal Funds Not Specifically Identified

$75,116

Other Funds

$257,804

FRIDAY, FEBRUARY 8, 2013

307

Other Funds - Not Specifically Identified

$257,804

State Funds

$226,139

State General Funds

$226,139

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$229,373

$562,293

Reflect an adjustment in telecommunications expenses.

($3,234)

($3,234)

Amount appropriated in this Act

$226,139

$559,059

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

$3,886,050

Other Funds

$126,906

Other Funds - Not Specifically Identified

$126,906

State Funds

$3,759,144

State General Funds

$3,759,144

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,023,494

$4,150,400

Reflect an adjustment in telecommunications expenses.

($12,935)

($12,935)

Eliminate funds for four filled positions.

($190,301)

($190,301)

Replace state funds with existing other funds for the Keep Georgia Beautiful Foundation contract.

($61,114)

($61,114)

Amount appropriated in this Act

$3,759,144

$3,886,050

16.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$6,521,507

Federal Funds and Grants

$3,216,000

Federal Funds Not Specifically Identified

$3,216,000

Other Funds

$2,224,681

Other Funds - Not Specifically Identified

$2,224,681

308

JOURNAL OF THE HOUSE

State Funds

$1,080,826

State General Funds

$1,080,826

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,094,847

$6,535,528

Reduce funds to reflect an adjustment in property liability premiums.

($277)

($277)

Reflect an adjustment in telecommunications expenses.

($13,744)

($13,744)

Amount appropriated in this Act

$1,080,826

$6,521,507

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

$54,085,208

Federal Funds and Grants

$52,272,828

Federal Funds Not Specifically Identified

$52,272,828

Other Funds

$305,415

Other Funds - Not Specifically Identified

$305,415

State Funds

$1,506,965

State General Funds

$1,506,965

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,525,558 $54,103,801

Reflect an adjustment in telecommunications expenses.

($18,593)

($18,593)

Amount appropriated in this Act

$1,506,965 $54,085,208

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

$5,247,652

Federal Funds and Grants

$474,298

Federal Funds Not Specifically Identified

$474,298

Other Funds

$4,773,354

Other Funds - Not Specifically Identified

$4,773,354

FRIDAY, FEBRUARY 8, 2013

309

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

$1,305,311

Federal Funds and Grants

$108,000

Federal Funds Not Specifically Identified

$108,000

Other Funds

$188,650

Other Funds - Not Specifically Identified

$188,650

State Funds

$1,008,661

State General Funds

$1,008,661

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,101,054

$1,397,704

Reflect an adjustment in telecommunications expenses.

($14,552)

($14,552)

Eliminate funds for one filled regional director position.

($77,841)

($77,841)

Amount appropriated in this Act

$1,008,661

$1,305,311

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 low-income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market.

Total Funds

$118,940,343

Federal Funds and Grants

$114,948,262

Federal Funds Not Specifically Identified

$114,948,262

Other Funds

$3,992,081

Other Funds - Not Specifically Identified

$3,992,081

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

$369,744

State Funds

$369,744

State General Funds

$369,744

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

310

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

State Funds $373,968 ($4,224) $369,744

Total Funds $373,968 ($4,224) $369,744

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

$5,503,057

Federal Funds and Grants

$1,702,960

Federal Funds Not Specifically Identified

$1,702,960

Other Funds

$837,205

Other Funds - Not Specifically Identified

$837,205

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

$810,083

Other Funds

$55,284

Agency Funds

$55,284

State Funds

$754,799

State General Funds

$754,799

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$867,579

$922,863

Reflect an adjustment in telecommunications expenses.

($11,944)

($11,944)

Eliminate funds for one filled office director position.

($100,836)

($100,836)

Amount appropriated in this Act

$754,799

$810,083

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

$14,517,728

FRIDAY, FEBRUARY 8, 2013

311

Federal Funds and Grants

$95,000

Federal Funds Not Specifically Identified

$95,000

Other Funds

$240,587

Other Funds - Not Specifically Identified

$240,587

State Funds

$14,182,141

State General Funds

$14,182,141

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$78,596,831 $78,932,418

Reflect an adjustment in telecommunications expenses.

($1,618)

($1,618)

Reduce funds for Regional Economic Business Assistance grants.

($63,763,072) ($63,763,072)

Reduce funds for REBA grants.

($650,000)

($650,000)

Amount appropriated in this Act

$14,182,141 $14,517,728

The following appropriations are for agencies attached for administrative purposes.

16.12. Payments to Georgia Environmental Finance Authority

Purpose: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

Total Funds

$298,495

Other Funds

$298,495

Other Funds - Not Specifically Identified

$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 (HB 742)

$298,495

$298,495

Eliminate contract funds for the Georgia Rural Water Association.

($298,495)

$0

Amount appropriated in this Act

$0

$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

$3,551,474

State Funds

$3,551,474

State General Funds

$3,551,474

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

312

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Eliminate funds for one filled position. Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds. Amount appropriated in this Act

State Funds $3,041,478
($409) $33,692 ($91,245) $567,958
$3,551,474

Total Funds $3,041,478
($409) $33,692 ($91,245) $567,958
$3,551,474

16.14. Payments to OneGeorgia Authority

Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

Total Funds

$9,394,804

Other Funds

$178,902

Other Funds - Not Specifically Identified

$178,902

State Funds

$9,215,902

State General Funds

$9,215,902

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$44,806,042 $44,984,944

Reduce funds for rural economic development.

($35,590,140) ($35,590,140)

Amount appropriated in this Act

$9,215,902

$9,394,804

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

$12,733,799,637 $6,153,588,799 $5,811,005,904 $333,550,998 $9,031,897 $245,981,179 $78,582,824 $139,386,524 $10,536,214 $17,475,617 $2,941,023,322 $234,968,478 $167,756,401 $2,419,805,186 $118,493,257

FRIDAY, FEBRUARY 8, 2013

313

Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies

$3,370,976,690 $3,090,119,428
$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

$355,461,635

Federal Funds and Grants

$254,705,964

Medical Assistance Program

$231,016,519

State Children's Insurance Program

$23,036,955

Federal Funds Not Specifically Identified

$652,490

Other Funds

$3,184,039

Agency Funds

$1,611,520

Other Funds - Not Specifically Identified

$1,572,519

State Funds

$75,199,302

State General Funds

$75,199,302

Intra-State Government Transfers

$21,102,191

Health Insurance Payments

$21,102,191

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$67,136,937 $348,571,419

Reduce funds to reflect an adjustment in property liability premiums.

($560)

($560)

Reflect an adjustment in telecommunications expenses.

$220,061

$220,061

Reduce funds for contractual services.

($1,215,451) ($2,430,902)

Reduce funds for operating expenses.

($286,698)

($573,396)

Reduce funds for the Medicaid eligibility project.

($100,200)

($100,200)

Replace state funds with other funds to reflect receipt of Children's

($330,000)

$0

Health Insurance Program performance bonus.

Increase funds for expenditures deferred from prior years.

$9,775,213

$9,775,213

Amount appropriated in this Act

$75,199,302 $355,461,635

17.2. Health Care Access and Improvement

Purpose: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health and the Office of Health Information Technology and Transparency.

Total Funds

$28,515,580

Federal Funds and Grants

$588,838

Medical Assistance Program

$416,250

314

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$172,588

State Funds

$6,967,234

State General Funds

$6,967,234

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,317,234 $28,865,580

Reduce funds for operating expenses for the State Office of Rural Health.

($300,000)

($300,000)

Reduce funds for the Southeastern Firefighter's Burn Foundation, Inc.

($50,000)

($50,000)

Amount appropriated in this Act

$6,967,234 $28,515,580

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

$15,356,046

Federal Funds and Grants

$8,296,900

Medical Assistance Program

$2,877,295

Federal Funds Not Specifically Identified

$5,419,605

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$6,959,146

State General Funds

$6,959,146

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,124,146 $15,686,046

Reduce funds for personal services and eliminate two vacant positions.

($165,000)

($330,000)

Amount appropriated in this Act

$6,959,146 $15,356,046

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

$458,561,571

Federal Funds and Grants

$290,840,978

Medical Assistance Program

$290,840,978

Other Funds

$150,450,219

Agency Funds

$2,200,000

Indigent Care Trust Fund - Public Hospital Authorities

$139,386,524

FRIDAY, FEBRUARY 8, 2013

315

Other Funds - Not Specifically Identified

$8,863,695

State Funds

$17,270,374

State General Funds

$17,270,374

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $407,526,188

Provide state matching funds for private deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program.

$17,270,374

$51,035,383

Amount appropriated in this Act

$17,270,374 $458,561,571

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

$5,113,623,204

Federal Funds and Grants

$3,168,644,811

Medical Assistance Program

$3,165,857,597

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

$1,608,846,773

Hospital Provider Payment

$25,451,911

Nursing Home Provider Fees

$167,756,401

State General Funds

$1,415,638,461

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 (HB 742)

$1,395,947,556 $4,492,744,766

Increase funds for growth in Medicaid.

$132,293,459 $385,807,696

Reflect savings from eliminating hospital reimbursements for preventable admissions.

($834,767) ($2,434,433)

Reflect savings through better enforcement of level of care qualification analysis for placement into long term care and home and community based services.

($3,535,038) ($10,309,239)

316

JOURNAL OF THE HOUSE

Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.
Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011.
Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.
Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.
Replace funds reduced in HB 742 (2012 Session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections.
Reduce Hospital Provider Payments to reflect projected FY 2013 revenue.
Increase Nursing Home Provider Fees to reflect projected FY 2013 revenue.
Reduce funds for unimplemented pharmacy reimbursement policy.
Reflect updated Medicaid projection.
Amount appropriated in this Act

($22,398) ($11,486,052)
($195,550) ($1,777,175)
$3,938,398
($36,130) $10,311,440 ($1,200,000) $85,443,030 $1,608,846,773

($65,319) ($33,496,797)
($570,283) ($5,182,780)
$11,485,558
($105,366) $30,071,274 ($3,499,563) $249,177,690 $5,113,623,204

17.6. Medicaid: Low-Income Medicaid

Purpose: The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

Total Funds

$3,238,035,615

Federal Funds and Grants

$2,119,997,265

Medical Assistance Program

$2,119,997,265

Other Funds

$23,303,933

Agency Funds

$12,328,316

Prior Year Funds - Other

$10,975,617

State Funds

$1,081,317,570

Hospital Provider Payment

$207,891,625

State General Funds

$754,932,688

Tobacco Settlement Funds

$118,493,257

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 (HB 742)

$1,107,417,540 $3,314,151,014

Increase funds for growth in Medicaid.

$79,355,008 $231,423,178

FRIDAY, FEBRUARY 8, 2013

317

Reflect savings from eliminating hospital reimbursements for preventable admissions.
Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.
Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011.
Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.
Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.
Replace $8,300,000 in state general funds with tobacco settlement funds.
Increase funds to offset unrealized FY 2012 reserves.
Reduce Hospital Provider Payments to reflect projected FY 2013 revenue.
Reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week.
Reflect updated Medicaid projection.
Amount appropriated in this Act

($569,202) ($1,659,965)

($15,272)

($44,538)

($7,831,983) ($22,840,429)

($133,340)

($388,859)

($1,211,801) ($3,533,978)

$0

$0

$10,975,617 ($295,112)

$32,008,215 ($860,636)

($1,875,000) ($5,468,066)

($104,498,885) ($304,750,321) $1,081,317,570 $3,238,035,615

17.7. PeachCare

Purpose: The purpose of this appropriation is to provide health insurance coverage for qualified lowincome Georgia children.

Total Funds

$409,246,689

Federal Funds and Grants

$310,514,043

State Children's Insurance Program

$310,514,043

State Funds

$98,580,863

Hospital Provider Payment

$1,624,942

State General Funds

$96,955,921

Intra-State Government Transfers

$151,783

Medicaid Services Payments - Other Agencies

$151,783

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$79,578,343 $330,076,596

Increase funds for growth in PeachCare.

$9,002,637 $37,503,174

Reduce Hospital Provider Payments to reflect projected FY 2013 revenue.

($2,307)

($9,610)

Reflect savings from eliminating hospital reimbursements for preventable admissions.

($49,563)

($206,469)

318

JOURNAL OF THE HOUSE

Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.
Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011.
Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.
Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.
Reflect updated benefit projection.
Amount appropriated in this Act

($1,330) ($681,965) ($11,610) ($105,517)

($5,540) ($2,840,930)
($48,366) ($439,562)

$10,852,175 $98,580,863

$45,217,396 $409,246,689

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

$3,069,017,237

Intra-State Government Transfers

$3,069,017,237

Health Insurance Payments

$3,069,017,237

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $2,987,734,959

Reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and HRA funding.

$0 ($66,519,000)

Increase employee contribution rates for spousal coverage.

$0 $36,379,788

Reflect increase in expenses for continued implementation of the EnGAgement wellness plan.

$0

$7,122,000

Reflect increase in expenses for implementation of the childhood obesity initiative in cooperation with Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office.

$0

$4,000,000

Increase employee premiums 7.5% for employee-only and employee+child(ren) tiers.

$0

$6,419,963

Increase employee premiums 2% due to increased costs as a result of the requirements of the Patient Protection and Affordable Care Act (PPACA).

$0

$6,881,250

Reflect revenue generated by implementing an add-on fee of $7 per employee per month for select plans.

$0

$8,994,000

Reflect savings from elimination of prior authorization for ADHD drugs.

$0

($107,500)

Reflect savings from implementing a pharmacy step therapy program.

$0 ($1,400,000)

Reflect savings from revising the prescription drug list.

$0 ($3,425,000)

FRIDAY, FEBRUARY 8, 2013

319

Reflect savings from renegotiated rates with the hospital network. Increase per member per month billings for certificated school service personnel from $912.34 to $937.34, effective March 2013. Reflect updated revenue and expense projections. Increase employer share of the State Health Benefit Plan from 29.781% to 30.281%, effective January 2013. Amount appropriated in this Act

$0 ($5,250,000)

$0

$7,450,121

$0 $74,650,998

$0

$6,085,658

$0 $3,069,017,237

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

$678,277

State Funds

$678,277

State General Funds

$678,277

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$685,128

$685,128

Reduce funds for personal services.

($2,500)

($2,500)

Reduce funds for operating expenses.

($4,351)

($4,351)

Amount appropriated in this Act

$678,277

$678,277

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

$8,570,853

State Funds

$8,570,853

State General Funds

$8,570,853

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$8,917,518

$8,917,518

Reduce funds for Graduate Medical Education residency slots.

($137,776)

($137,776)

Remove bridge funds for residency development programs provided for Gwinnett Medical Center and Southwest Georgia Consortium.

($167,579)

($167,579)

Reflect adjustment for only seven new residents at Houston Medical Center.

($41,310)

($41,310)

Amount appropriated in this Act

$8,570,853

$8,570,853

320

JOURNAL OF THE HOUSE

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

$20,646,044

State Funds

$20,646,044

State General Funds

$20,646,044

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$20,969,911 $20,969,911

Reduce funds for the Mercer School of Medicine operating grant.

($323,867)

($323,867)

Amount appropriated in this Act

$20,646,044 $20,646,044

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

$10,506,660

State Funds

$10,506,660

State General Funds

$10,506,660

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$10,671,474 $10,671,474

Reduce funds for the Morehouse School of Medicine operating grant.

($164,814)

($164,814)

Amount appropriated in this Act

$10,506,660 $10,506,660

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

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

$2,647,228

State Funds

$2,647,228

FRIDAY, FEBRUARY 8, 2013

321

State General Funds

$2,647,228

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,731,636

$2,731,636

Reduce funds for Undergraduate Medical Education.

($84,408)

($84,408)

Amount appropriated in this Act

$2,647,228

$2,647,228

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

$2,102,998

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$2,002,998

State General Funds

$2,002,998

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,046,154

$2,146,154

Reduce funds for personal services.

($41,824)

($41,824)

Reduce funds for telecommunications.

($1,332)

($1,332)

Amount appropriated in this Act

$2,002,998

$2,102,998

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

$1,151,200,182 $922,276 $922,276
$29,097,329 $29,097,329 $1,121,180,577 $1,121,180,577

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.

322

JOURNAL OF THE HOUSE

Total Funds

$6,148,740

Other Funds

$7,046

Other Funds - Not Specifically Identified

$7,046

State Funds

$6,141,694

State General Funds

$6,141,694

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$6,148,682

$6,155,728

Reduce funds to reflect an adjustment in property liability premiums.

($6,988)

($6,988)

Amount appropriated in this Act

$6,141,694

$6,148,740

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

$25,951,087

Other Funds

$15,515,680

Other Funds - Not Specifically Identified

$15,515,680

State Funds

$10,435,407

State General Funds

$10,435,407

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$9,596,724 $14,096,724

Transfer funds from the Health ($1,138,683) and State Prisons ($700,000) programs to meet projected expenditures.

$838,683

$838,683

Increase other funds to meet projected expenditures.

$0 $11,015,680

Amount appropriated in this Act

$10,435,407 $25,951,087

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

$36,381,472

Federal Funds and Grants

$70,555

Federal Funds Not Specifically Identified

$70,555

State Funds

$36,310,917

State General Funds

$36,310,917

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 8, 2013

323

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

State Funds $36,067,108
($27,952) $271,761 $36,310,917

Total Funds $36,137,663
($27,952) $271,761 $36,381,472

18.4. Detention Centers

Purpose: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision.

Total Funds

$28,864,344

Other Funds

$450,000

Other Funds - Not Specifically Identified

$450,000

State Funds

$28,414,344

State General Funds

$28,414,344

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$28,399,203 $28,849,203

Reduce funds to reflect an adjustment in property liability premiums.

($13,976)

($13,976)

Reflect an adjustment in telecommunications expenses.

$29,117

$29,117

Amount appropriated in this Act

$28,414,344 $28,864,344

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

$28,235,831

Federal Funds and Grants

$751,721

Federal Funds Not Specifically Identified

$751,721

State Funds

$27,484,110

State General Funds

$27,484,110

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$27,519,049 $28,270,770

Reduce funds to reflect an adjustment in property liability premiums.

($34,939)

($34,939)

Amount appropriated in this Act

$27,484,110 $28,235,831

324

JOURNAL OF THE HOUSE

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

$200,745,083

Other Funds

$390,000

Other Funds - Not Specifically Identified

$390,000

State Funds

$200,355,083

State General Funds

$200,355,083

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$201,493,766 $201,883,766

Transfer projected personal services savings to the County Jail Subsidy program to meet projected expenditures.

($138,683)

($138,683)

Reduce funds to properly align personal services.

($1,000,000) ($1,000,000)

Amount appropriated in this Act

$200,355,083 $200,745,083

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

$42,359,833

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

State Funds

$42,329,833

State General Funds

$42,329,833

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$42,320,127 $42,350,127

Reflect an adjustment in telecommunications expenses.

$9,706

$9,706

Amount appropriated in this Act

$42,329,833 $42,359,833

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

$3,305,150

Other Funds

$405,000

Other Funds - Not Specifically Identified

$405,000

FRIDAY, FEBRUARY 8, 2013

325

State Funds

$2,900,150

State General Funds

$2,900,150

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,796,705

$5,201,705

Transfer funds to the State Prisons program to properly align budget to expenditures.

($1,896,555) ($1,896,555)

Amount appropriated in this Act

$2,900,150

$3,305,150

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

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.

Total Funds

$97,898,146

Other Funds

$10,000

Other Funds - Not Specifically Identified

$10,000

State Funds

$97,888,146

State General Funds

$97,888,146

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$97,678,890 $97,688,890

Reduce funds to reflect an adjustment in property liability premiums.

($13,976)

($13,976)

Reflect an adjustment in telecommunications expenses.

$223,232

$223,232

Amount appropriated in this Act

$97,888,146 $97,898,146

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

$518,589,311

Federal Funds and Grants

$100,000

326

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$100,000

Other Funds

$12,289,603

Other Funds - Not Specifically Identified

$12,289,603

State Funds

$506,199,708

State General Funds

$506,199,708

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$505,172,788 $517,562,391

Reduce funds to reflect an adjustment in property liability premiums.

($586,982)

($586,982)

Reflect an adjustment in telecommunications expenses.

$417,347

$417,347

Transfer projected personal services savings to the County Jail Subsidy program to meet projected expenditures.

($700,000)

($700,000)

Transfer funds from the Parole Revocation Centers program to properly align budget to expenditures.

$1,896,555

$1,896,555

Amount appropriated in this Act

$506,199,708 $518,589,311

18.12. Transition Centers

Purpose: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center.

Total Funds

$27,813,161

State Funds

$27,813,161

State General Funds

$27,813,161

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$27,807,725 $27,807,725

Reduce funds to reflect an adjustment in property liability premiums.

($13,975)

($13,975)

Reflect an adjustment in telecommunications expenses.

$19,411

$19,411

Amount appropriated in this Act

$27,813,161 $27,813,161

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

$90,941,837 $74,506,287 $74,506,287
$7,641,586 $1,475,680 $6,165,906 $8,793,964

FRIDAY, FEBRUARY 8, 2013

327

State General Funds

$8,793,964

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

$1,744,500

Federal Funds and Grants

$672,334

Federal Funds Not Specifically Identified

$672,334

State Funds

$1,072,166

State General Funds

$1,072,166

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,144,335

$1,816,669

Reflect an adjustment in telecommunications expenses.

$1,650

$1,650

Reduce funds for telecommunications.

($53,190)

($53,190)

Reduce funds for personal services by converting a full-time administrative position to a part-time position.

($20,629)

($20,629)

Amount appropriated in this Act

$1,072,166

$1,744,500

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

$75,982,815

Federal Funds and Grants

$63,865,953

Federal Funds Not Specifically Identified

$63,865,953

Other Funds

$7,641,586

Agency Funds

$1,475,680

Other Funds - Not Specifically Identified

$6,165,906

State Funds

$4,475,276

State General Funds

$4,475,276

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,710,472 $76,218,011

Reduce funds to reflect an adjustment in property liability premiums.

($33,401)

($33,401)

Reduce funds for operating expenses.

($8,230)

($8,230)

Reduce funds for personal services and hold one position vacant.

($193,565)

($193,565)

Amount appropriated in this Act

$4,475,276 $75,982,815

328

JOURNAL OF THE HOUSE

19.3. Youth Educational Services

Purpose: The purpose of this appropriation is to provide educational and vocational opportunities to atrisk youth through Youth Challenge Academies and Starbase programs.

Total Funds

$13,214,522

Federal Funds and Grants

$9,968,000

Federal Funds Not Specifically Identified

$9,968,000

State Funds

$3,246,522

State General Funds

$3,246,522

Section 20: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds

$63,756,923 $2,844,121 $2,844,121
$60,912,802 $60,912,802

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

$9,609,934

Other Funds

$500,857

Agency Funds

$500,857

State Funds

$9,109,077

State General Funds

$9,109,077

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$9,113,037

$9,613,894

Reduce funds to reflect an adjustment in property liability premiums.

($528)

($528)

Reduce funds for operating expenses.

($3,432)

($3,432)

Amount appropriated in this Act

$9,109,077

$9,609,934

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

$52,798,882

Other Funds

$1,827,835

Agency Funds

$1,827,835

State Funds

$50,971,047

FRIDAY, FEBRUARY 8, 2013

329

State General Funds

$50,971,047

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$49,434,372 $51,262,207

Reduce funds to reflect an adjustment in property liability premiums.

($2,993)

($2,993)

Reflect an adjustment in telecommunications expenses.

$850,680

$850,680

Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation.

$200,000

$200,000

Reduce funds for operating expenses.

($21,146)

($21,146)

Increase funds for archival storage for Real ID implementation.

$510,134

$510,134

Amount appropriated in this Act

$50,971,047 $52,798,882

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

$1,348,107

Other Funds

$515,429

Agency Funds

$515,429

State Funds

$832,678

State General Funds

$832,678

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$833,275

$1,348,704

Reduce funds for operating expenses.

($597)

($597)

Amount appropriated in this Act

$832,678

$1,348,107

Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds Child Care and Development Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified

$663,756,527 $307,323,388 $92,367,468 $92,440,670 $122,515,250
$197,874 $10,000
$187,874

330

JOURNAL OF THE HOUSE

State Funds Lottery Funds State General Funds

$353,028,330 $299,232,510 $53,795,820

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

$214,618,958

Federal Funds and Grants

$160,808,138

CCDF Mandatory and Matching Funds

$92,367,468

Child Care and Development Block Grant

$68,440,670

Other Funds

$15,000

Agency Funds

$10,000

Other Funds - Not Specifically Identified

$5,000

State Funds

$53,795,820

State General Funds

$53,795,820

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$55,459,608 $219,379,959

Reduce funds for contractual services.

($200)

($200)

Replace a portion of the Chief Financial Officer's salary with existing federal funds.

($36,559)

($36,559)

Reduce funds for the Child Care Services program.

($1,627,029) ($4,724,242)

Amount appropriated in this Act

$53,795,820 $214,618,958

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

$121,997,250

Federal Funds and Grants

$121,997,250

Federal Funds Not Specifically Identified

$121,997,250

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

$299,450,510

Federal Funds and Grants

$218,000

FRIDAY, FEBRUARY 8, 2013

331

Federal Funds Not Specifically Identified

$218,000

State Funds

$299,232,510

Lottery Funds

$299,232,510

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$298,602,245 $298,820,245

Reflect an adjustment in telecommunications expenses.

($95,011)

($95,011)

Increase funds for the employer share of the Federal Insurance Contributions Act (FICA) tax.

$725,276

$725,276

Amount appropriated in this Act

$299,232,510 $299,450,510

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

$27,689,809

Federal Funds and Grants

$24,300,000

Child Care and Development Block Grant

$24,000,000

Federal Funds Not Specifically Identified

$300,000

Other Funds

$182,874

Other Funds - Not Specifically Identified

$182,874

Section 22: Economic Development, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds

$39,948,844 $659,400 $659,400
$39,289,444 $33,039,987
$6,249,457

22.1. Departmental Administration

Purpose: The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state.

Total Funds

$3,959,092

State Funds

$3,959,092

State General Funds

$3,959,092

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

332

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for personal services and eliminate two vacant positions. Reduce funds for operating expenses. Amount appropriated in this Act

State Funds $4,084,460
$0 ($458) ($74,350)
($50,560) $3,959,092

Total Funds $4,084,460
$0 ($458) ($74,350)
($50,560) $3,959,092

22.2. 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

$916,556

State Funds

$916,556

State General Funds

$916,556

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$955,165

$955,165

Reflect an adjustment in telecommunications expenses.

($36)

($36)

Reduce funds for marketing.

($38,573)

($38,573)

Amount appropriated in this Act

$916,556

$916,556

22.3. 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

22.4. 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.

FRIDAY, FEBRUARY 8, 2013

333

Total Funds

$10,127,005

State Funds

$10,127,005

State General Funds

$10,127,005

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$10,292,005 $10,292,005

Reduce funds for marketing.

($100,000)

($100,000)

Reduce funds for contractual services.

($65,000)

($65,000)

Amount appropriated in this Act

$10,127,005 $10,127,005

22.5. Innovation and Technology

Purpose: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies.

Total Funds

$13,559,184

State Funds

$13,559,184

State General Funds

$7,309,727

Tobacco Settlement Funds

$6,249,457

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$14,347,266 $14,347,266

Reflect an adjustment in telecommunications expenses.

($95)

($95)

Reduce funds for the Georgia Research Alliance.

($200,000)

($200,000)

Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780).

($52,040)

($52,040)

Reduce funds for the Tumor Tissue Bank.

($124,595)

($124,595)

Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.

($411,352)

($411,352)

Reduce funds for marketing.

$0

$0

Amount appropriated in this Act

$13,559,184 $13,559,184

22.6. 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

$895,861

State Funds

$895,861

State General Funds

$895,861

334

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 (HB 742)

$916,860

$916,860

Reflect an adjustment in telecommunications expenses.

($131)

($131)

Reduce funds for operating expenses.

($20,868)

($20,868)

Amount appropriated in this Act

$895,861

$895,861

22.7. 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

$9,130,960

State Funds

$9,130,960

State General Funds

$9,130,960

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$9,310,394

$9,310,394

Reflect an adjustment in telecommunications expenses.

($1,445)

($1,445)

Reduce funds for marketing.

($100,000)

($100,000)

Reduce funds for contractual services.

($19,882)

($19,882)

Reduce funds for personal services and eliminate two vacant positions.

($58,107)

($58,107)

Amount appropriated in this Act

$9,130,960

$9,130,960

The following appropriations are for agencies attached for administrative purposes.

22.8. 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

$122,097

State Funds

$122,097

State General Funds

$122,097

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$132,481

$132,481

Reduce funds for operating expenses.

($3,974)

($3,974)

FRIDAY, FEBRUARY 8, 2013

335

Reduce funds for computer charges. Amount appropriated in this Act

($6,410) $122,097

($6,410) $122,097

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

$9,079,469,261 $1,655,062,931 $1,655,062,931
$3,713,178 $3,713,178 $7,321,240,747 $7,321,240,747

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

$7,535,752

State Funds

$7,535,752

State General Funds

$7,535,752

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,650,509

$7,650,509

Reduce funds for operating expenses for Extended Day/Year ($90,377), Area Teacher ($44,647), Young Farmers ($80,051), and Youth Camps ($14,440).

($114,757)

($114,757)

Amount appropriated in this Act

$7,535,752

$7,535,752

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

$85,916,654

Federal Funds and Grants

$52,128,491

Federal Funds Not Specifically Identified

$52,128,491

Other Funds

$919,031

Other Funds - Not Specifically Identified

$919,031

336

JOURNAL OF THE HOUSE

State Funds

$29,456,910

State General Funds

$29,456,910

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$30,301,129 $86,760,873

Reduce funds to reflect an adjustment in property liability premiums.

($6,207)

($6,207)

Reflect an adjustment in telecommunications expenses.

$3,448

$3,448

Reduce funds for operating expenses.

($42,447)

($42,447)

Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones.

($7,896)

($7,896)

Reduce funds for the Superintendent's Leadership Program.

$0

$0

Reduce funds for the School Nurse Coordinator position based on projected expenditures.

($69,038)

($69,038)

Reduce funds for commercial travel to reflect prior years' expenditures.

($20,099)

($20,099)

Transfer funds to Georgia Public Telecommunications Commission for half of the Discovery Education contract.

($471,355)

($471,355)

Reduce funds for the American Association of Adapted Sports Program.

($40,000)

($40,000)

Reduce funds for personal services.

($170,625)

($170,625)

Reduce funds for State Schools Administration based on prior year expenditures.

($20,000)

($20,000)

Amount appropriated in this Act

$29,456,910 $85,916,654

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

$8,935,070

Federal Funds and Grants

$7,001,330

Federal Funds Not Specifically Identified

$7,001,330

State Funds

$1,933,740

State General Funds

$1,933,740

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,993,546

$8,994,876

Reduce funds for planning grants.

($5,000)

($5,000)

Reduce funds for facility grants.

($54,806)

($54,806)

Amount appropriated in this Act

$1,933,740

$8,935,070

FRIDAY, FEBRUARY 8, 2013

337

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

$913,100

State Funds

$913,100

State General Funds

$913,100

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$933,100

$933,100

Reduce funds for grants to local affiliates.

($20,000)

($20,000)

Amount appropriated in this Act

$913,100

$913,100

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

$1,144,837

State Funds

$1,144,837

State General Funds

$1,144,837

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,232,744

$1,232,744

Reduce funds for operating expenses.

($40,000)

($40,000)

Reduce funds for contractual services.

($47,907)

($47,907)

Amount appropriated in this Act

$1,144,837

$1,144,837

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

$1,072,513,107

Federal Funds and Grants

$976,472,924

Federal Funds Not Specifically Identified

$976,472,924

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

$6,300,860

338

JOURNAL OF THE HOUSE

Federal Funds and Grants Federal Funds Not Specifically Identified

$6,300,860 $6,300,860

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.

Total Funds

$5,935,767

Other Funds

$1,371,025

Other Funds - Not Specifically Identified

$1,371,025

State Funds

$4,564,742

State General Funds

$4,564,742

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,705,955

$6,076,980

Reduce funds to reflect an adjustment in property liability premiums.

($51)

($51)

Reflect an adjustment in telecommunications expenses.

$17

$17

Reduce funds for contractual services.

($141,179)

($141,179)

Amount appropriated in this Act

$4,564,742

$5,935,767

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 (HB 742)

$144,000

$144,000

Eliminate funds for the final quarter of the year.

$0

$0

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

$939,814

State Funds

$939,814

FRIDAY, FEBRUARY 8, 2013

339

State General Funds

$939,814

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$959,839

$959,839

Reduce funds to reflect an adjustment in property liability premiums.

($39)

($39)

Reflect an adjustment in telecommunications expenses.

$14

$14

Reduce funds for operating expenses.

($20,000)

($20,000)

Amount appropriated in this Act

$939,814

$939,814

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

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

$6,398,042

State Funds

$6,398,042

State General Funds

$6,398,042

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$6,462,668

$6,462,668

Reduce funds for Sparsity Grants.

($26,313)

($26,313)

Reduce funds for Residential Treatment Centers.

($38,313)

($38,313)

Amount appropriated in this Act

$6,398,042

$6,398,042

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

$596,382,690

Federal Funds and Grants

$574,888,212

Federal Funds Not Specifically Identified

$574,888,212

State Funds

$21,494,478

State General Funds

$21,494,478

340

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 (HB 742)

$22,593,223 $597,481,435

Reduce funds for the school lunch program.

($1,098,745) ($1,098,745)

Amount appropriated in this Act

$21,494,478 $596,382,690

23.14. Preschool Handicapped

Purpose: The purpose of this appropriation is to provide early educational services to three- and fouryear-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

23.15. 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

23.16. 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

($1,704,005,354)

State Funds

($1,704,005,354)

State General Funds

($1,704,005,354)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

($1,697,504,730) ($1,697,504,730)

Adjust funds for state special charter schools based on local five mill share.

($6,500,624) ($6,500,624)

Amount appropriated in this Act

($1,704,005,354) ($1,704,005,354)

23.17. 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

$8,345,847,206

State Funds

$8,345,847,206

FRIDAY, FEBRUARY 8, 2013

341

State General Funds

$8,345,847,206

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$8,183,012,037 $8,183,012,037

Increase funds for a midterm adjustment for enrollment growth.

$162,685,588 $162,685,588

Increase funds for Special Needs Scholarships to meet the projected need.

$0

$0

Provide funds for a misclassification of FTEs for Devereux Ackerman Academy-Residential Treatment Facility.

$149,581

$149,581

Amount appropriated in this Act

$8,345,847,206 $8,345,847,206

23.18. 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

$8,425,704

State Funds

$8,425,704

State General Funds

$8,425,704

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$8,510,812

$8,510,812

Reduce funds for operating expenses.

($85,108)

($85,108)

Amount appropriated in this Act

$8,425,704

$8,425,704

23.19. 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

$5,105,485

State Funds

$5,105,485

State General Funds

$5,105,485

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,199,064

$5,199,064

Reduce funds to reflect an adjustment in property liability premiums.

($358)

($358)

Reflect an adjustment in telecommunications expenses.

$42

$42

342

JOURNAL OF THE HOUSE

Reduce funds for one vacant position. Amount appropriated in this Act

($93,263) $5,105,485

($93,263) $5,105,485

23.20. 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

$70,021,997

Federal Funds and Grants

$7,908,992

Federal Funds Not Specifically Identified

$7,908,992

State Funds

$62,113,005

State General Funds

$62,113,005

23.21. State Charter School Commission Administration

Purpose: The purpose of this appropriation is to focus on 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.

Total Funds

$130,000

State Funds

$130,000

State General Funds

$130,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Provide start-up funds for administrative support for the State Charter School Commission.

$130,000

$130,000

Amount appropriated in this Act

$130,000

$130,000

23.22. 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 post-secondary vocational education agency.

Total Funds

$12,056,305

Federal Funds and Grants

$3,958,342

Federal Funds Not Specifically Identified

$3,958,342

State Funds

$8,097,963

State General Funds

$8,097,963

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 8, 2013

343

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect projected transfers to the Teachers Retirement System. Amount appropriated in this Act

State Funds $8,497,963 ($400,000)
$8,097,963

Total Funds $12,456,305
($400,000)
$12,056,305

23.23. State Schools

Purpose: The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development.

Total Funds

$25,652,280

Other Funds

$1,423,122

Other Funds - Not Specifically Identified

$1,423,122

State Funds

$24,229,158

State General Funds

$24,229,158

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$24,244,124 $25,667,246

Reduce funds to reflect an adjustment in property liability premiums.

($16,113)

($16,113)

Reflect an adjustment in telecommunications expenses.

$1,147

$1,147

Amount appropriated in this Act

$24,229,158 $25,652,280

23.24. 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

$29,861,188

Federal Funds and Grants

$16,012,923

Federal Funds Not Specifically Identified

$16,012,923

State Funds

$13,848,265

State General Funds

$13,848,265

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$14,059,152 $30,072,075

Reduce funds.

($210,887)

($210,887)

Reduce funds for Extended Day/Year.

$0

$0

Amount appropriated in this Act

$13,848,265 $29,861,188

344

JOURNAL OF THE HOUSE

23.25. 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

$23,870,066

Federal Funds and Grants

$10,390,857

Federal Funds Not Specifically Identified

$10,390,857

State Funds

$13,479,209

State General Funds

$13,479,209

23.26. 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

$48,253,922 $3,508,813 $3,508,813
$26,532,022 $26,532,022 $18,213,087 $18,213,087

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 the deferred compensation program for all employees of the state, giving them an effective supplement for their retirement planning.

Total Funds

$3,508,813

Other Funds

$3,508,813

FRIDAY, FEBRUARY 8, 2013

345

Agency Funds

$3,508,813

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

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

$24,829,000

State Funds

$24,829,000

State General Funds

$24,829,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$24,729,000 $24,729,000

Increase funds reduced in HB 742 (2012 session) to fully fund the annual required contribution for FY 2013.

$100,000

$100,000

Amount appropriated in this Act

$24,829,000 $24,829,000

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

$18,213,087

Intra-State Government Transfers

$18,213,087

Retirement Payments

$18,213,087

Section 25: Forestry Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$42,865,189 $5,994,473 $5,994,473 $6,833,695 $474,661 $6,359,034
$29,987,021 $29,987,021
$50,000

346

JOURNAL OF THE HOUSE

Other Intra-State Government Payments

$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

$3,440,533

Federal Funds and Grants

$48,800

Federal Funds Not Specifically Identified

$48,800

Other Funds

$76,288

Agency Funds

$46,016

Other Funds - Not Specifically Identified

$30,272

State Funds

$3,315,445

State General Funds

$3,315,445

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$3,371,335

$3,496,423

Reduce funds to reflect an adjustment in property liability premiums.

($7,684)

($7,684)

Reflect an adjustment in telecommunications expenses.

$3,424

$3,424

Reduce funds for personal services to reflect projected expenditures.

($51,630)

($51,630)

Amount appropriated in this Act

$3,315,445

$3,440,533

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

$6,724,494

Federal Funds and Grants

$3,565,275

Federal Funds Not Specifically Identified

$3,565,275

Other Funds

$1,027,732

Agency Funds

$428,645

Other Funds - Not Specifically Identified

$599,087

State Funds

$2,081,487

State General Funds

$2,081,487

Intra-State Government Transfers

$50,000

FRIDAY, FEBRUARY 8, 2013

347

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 (HB 742)

$2,132,169

$6,775,176

Reflect an adjustment in telecommunications expenses.

$804

$804

Replace state funds with existing federal funds to support one position.

($51,486)

($51,486)

Amount appropriated in this Act

$2,081,487

$6,724,494

25.3. Forest Protection

Purpose: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection through cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger.

Total Funds

$31,493,082

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

$24,590,089

State General Funds

$24,590,089

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$24,937,379 $31,840,372

Reflect an adjustment in telecommunications expenses.

$7,571

$7,571

Reduce funds for personal services to reflect projected expenditures.

($252,280)

($252,280)

Reduce funds for operating expenses.

($31,273)

($31,273)

Reduce funds for motor vehicle purchases.

($71,308)

($71,308)

Amount appropriated in this Act

$24,590,089 $31,493,082

25.4. Tree Seedling Nursery

Purpose: The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

Total Funds

$1,207,080

Federal Funds and Grants

$133,717

Federal Funds Not Specifically Identified

$133,717

348

JOURNAL OF THE HOUSE

Other Funds Other Funds - Not Specifically Identified

$1,073,363 $1,073,363

Section 26: Governor, Office of the Total Funds Federal Funds and Grants Child Care and Development Block Grant Preventive Health and Health Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$168,928,124 $112,378,204
$40,015 $200,470 $3,814,350 $108,323,369 $2,323,134 $2,323,134 $54,226,786 $54,226,786

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

$20,233,401

State Funds

$20,233,401

State General Funds

$20,233,401

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$22,578,261 $22,578,261

Reduce funds for the Unemployment Trust Fund loan by $2,344,860 from $19,108,685 to $16,763,825 to reflect the actual need for the interest payment due September 30, 2012.

($2,344,860) ($2,344,860)

Amount appropriated in this Act

$20,233,401 $20,233,401

26.2. Governor's Office
Purpose: The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per O.C.G.A. 45-7-4 shall be $40,000.

FRIDAY, FEBRUARY 8, 2013

349

Total Funds

$5,964,805

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$5,864,805

State General Funds

$5,864,805

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,987,885

$6,087,885

Reflect an adjustment in telecommunications expenses.

$56,557

$56,557

Reduce funds for operating expenses.

($179,637)

($179,637)

Amount appropriated in this Act

$5,864,805

$5,964,805

26.3. Governor's Office of Planning and Budget

Purpose: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies.

Total Funds

$7,840,179

State Funds

$7,840,179

State General Funds

$7,840,179

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$8,043,611

$8,043,611

Reduce funds to reflect an adjustment in property liability premiums.

($299)

($299)

Reflect an adjustment in telecommunications expenses.

$38,175

$38,175

Reduce funds for operating expenses.

($228,808)

($228,808)

Reduce funds for the American Indian Council Contract.

($12,500)

($12,500)

Amount appropriated in this Act

$7,840,179

$7,840,179

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

$896,352

Federal Funds and Grants

$89,558

Federal Funds Not Specifically Identified

$89,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

350

JOURNAL OF THE HOUSE

State Funds

$806,769

State General Funds

$806,769

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$841,704

$931,287

Reflect an adjustment in telecommunications expenses.

$1,779

$1,779

Reduce funds for operating expenses.

($14,251)

($14,251)

Reduce funds for computer charges.

($2,000)

($2,000)

Reduce funds for contractual services.

($9,000)

($9,000)

Reduce funds for personal services.

($11,463)

($11,463)

Amount appropriated in this Act

$806,769

$896,352

26.5. Children and Families, Governor's Office for

Purpose: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

Total Funds

$11,275,107

Federal Funds and Grants

$8,416,066

Preventive Health and Health Services Block Grant

$200,470

Temporary Assistance for Needy Families Block Grant

$3,814,350

Federal Funds Not Specifically Identified

$4,401,246

State Funds

$2,859,041

State General Funds

$2,859,041

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,906,072 $11,121,668

Reflect an adjustment in telecommunications expenses.

$40,151

$40,151

Reduce funds for community strategy grants.

($87,182)

($87,182)

Recognize the Preventive Health and Health Services Block Grant funds for sexual assault centers.

$0

$200,470

Amount appropriated in this Act

$2,859,041 $11,275,107

26.6. Emergency Management Agency, Georgia

Purpose: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events, and to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

Total Funds

$32,573,905

FRIDAY, FEBRUARY 8, 2013

351

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

$2,062,867

State General Funds

$2,062,867

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,108,027 $32,619,065

Reduce funds to reflect an adjustment in property liability premiums.

($1,144)

($1,144)

Reflect an adjustment in telecommunications expenses.

$19,225

$19,225

Reduce funds for personal services and eliminate one position.

($45,227)

($45,227)

Reduce funds for communications.

($1,851)

($1,851)

Reduce funds for the Civil Air Patrol contract.

($16,163)

($16,163)

Amount appropriated in this Act

$2,062,867 $32,573,905

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

$868,816

Federal Funds and Grants

$395,550

Federal Funds Not Specifically Identified

$395,550

State Funds

$473,266

State General Funds

$473,266

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$473,461

$869,011

Reduce funds to reflect an adjustment in property liability premiums.

($13)

($13)

Reflect an adjustment in telecommunications expenses.

($182)

($182)

Amount appropriated in this Act

$473,266

$868,816

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

$6,187,582

Federal Funds and Grants

$411,930

352

JOURNAL OF THE HOUSE

Child Care and Development Block Grant

$40,015

Federal Funds Not Specifically Identified

$371,915

Other Funds

$500

Other Funds - Not Specifically Identified

$500

State Funds

$5,775,152

State General Funds

$5,775,152

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,954,848

$6,367,278

Reflect an adjustment in telecommunications expenses.

$2,163

$2,163

Reduce funds for operating expenses.

($50,645)

($50,645)

Reduce funds for contractual services.

($71,000)

($71,000)

Reduce funds for computer charges.

($57,000)

($57,000)

Reduce funds for telecommunications.

($3,214)

($3,214)

Amount appropriated in this Act

$5,775,152

$6,187,582

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 Business Practices Act and other related consumer protection statutes.

Total Funds

$6,788,257

Other Funds

$1,414,753

Other Funds - Not Specifically Identified

$1,414,753

State Funds

$5,373,504

State General Funds

$5,373,504

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,682,565

$7,097,318

Reduce funds to reflect an adjustment in property liability premiums.

($126)

($126)

Reflect an adjustment in telecommunications expenses.

($138,458)

($138,458)

Reduce funds for personal services and operating expenses.

($170,477)

($170,477)

Amount appropriated in this Act

$5,373,504

$6,788,257

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

FRIDAY, FEBRUARY 8, 2013

353

Federal Funds Not Specifically Identified

$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

$555,303

State Funds

$555,303

State General Funds

$555,303

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$572,486

$572,486

Reduce funds to reflect an adjustment in property liability premiums.

($8)

($8)

Reduce funds for personal services and operating expenses.

($17,175)

($17,175)

Amount appropriated in this Act

$555,303

$555,303

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

$2,382,499

State Funds

$2,382,499

State General Funds

$2,382,499

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,455,543

$2,455,543

Reflect an adjustment in telecommunications expenses.

$622

$622

Reduce funds for personal services.

($63,666)

($63,666)

Reduce funds for contractual services.

($10,000)

($10,000)

Amount appropriated in this Act

$2,382,499

$2,382,499

Section 27: Human Services, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds Child Care and Development Block Grant Community Service Block Grant Foster Care Title IV-E Low-Income Home Energy Assistance

$1,550,556,098 $994,563,420 $1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614

354

JOURNAL OF THE HOUSE

Medical Assistance Program 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 Prior Year Funds - Other State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$60,867,092 $53,771,331
$9,551,600 $321,190,139 $396,938,127 $64,333,037
$2,841,500 $60,762,024
$729,513 $487,050,807 $480,859,001
$6,191,806 $4,608,834 $4,608,834

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

$87,753,710

Federal Funds and Grants

$53,449,931

Temporary Assistance for Needy Families Block Grant

$16,400,000

Federal Funds Not Specifically Identified

$37,049,931

Other Funds

$46,500

Other Funds - Not Specifically Identified

$46,500

FRIDAY, FEBRUARY 8, 2013

355

State Funds State General Funds

$34,257,279 $34,257,279

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

$15,691,720

Federal Funds and Grants

$15,691,720

Temporary Assistance for Needy Families Block Grant

$15,500,000

Federal Funds Not Specifically Identified

$191,720

27.3. Child Care Licensing

Purpose: The purpose of this appropriation is to protect the health and safety of children who receive fulltime care outside of their homes by licensing, monitoring, and inspecting residential care providers.

Total Funds

$2,153,794

Federal Funds and Grants

$619,263

Foster Care Title IV-E

$619,263

State Funds

$1,534,531

State General Funds

$1,534,531

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,581,992

$2,220,406

Reduce funds for one vacant surveyor position.

($47,461)

($66,612)

Amount appropriated in this Act

$1,534,531

$2,153,794

27.4. 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

$9,082,178

Federal Funds and Grants

$9,082,178

Child Care and Development Block Grant

$9,082,178

27.5. Child Support Services

Purpose: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

Total Funds

$97,106,598

Federal Funds and Grants

$69,935,478

Social Services Block Grant

$120,000

Federal Funds Not Specifically Identified

$69,815,478

356

JOURNAL OF THE HOUSE

Other Funds

$2,841,500

Agency Funds

$2,841,500

State Funds

$23,933,860

State General Funds

$23,933,860

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 (HB 742)

$24,606,037 $99,083,589

Eliminate 35 vacant positions.

($526,670) ($1,549,029)

Reduce funds for operating expenses.

($145,507)

($427,962)

Amount appropriated in this Act

$23,933,860 $97,106,598

27.6. Child Welfare Services

Purpose: The purpose of this appropriation is to investigate allegations of child abuse, abandonment, and neglect, and to provide services to protect the child and strengthen the family.

Total Funds

$248,898,658

Federal Funds and Grants

$147,919,258

CCDF Mandatory and Matching Funds

$189,956

Foster Care Title IV-E

$29,203,771

Medical Assistance Program

$159,050

Social Services Block Grant

$9,089,845

Temporary Assistance for Needy Families Block Grant

$80,600,000

Federal Funds Not Specifically Identified

$28,676,636

Other Funds

$8,500,000

Other Funds - Not Specifically Identified

$8,500,000

State Funds

$92,366,911

State General Funds

$92,366,911

Intra-State Government Transfers

$112,489

Other Intra-State Government Payments

$112,489

27.7. Child Welfare Services - Special Project Purpose: The purpose of this appropriation is to increase funds for Child Advocacy Centers. Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant

$250,000 $250,000 $250,000

FRIDAY, FEBRUARY 8, 2013

357

27.8. Community Services

Purpose: The purpose of this appropriation is to provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services.

Total Funds

$15,884,951

Federal Funds and Grants

$15,884,951

Community Service Block Grant

$15,884,951

27.9. Departmental Administration

Purpose: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia.

Total Funds

$99,157,311

Federal Funds and Grants

$47,041,845

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

$5,590,134

Low-Income Home Energy Assistance

$200,000

Medical Assistance Program

$4,437,952

Social Services Block Grant

$2,539,375

Temporary Assistance for Needy Families Block Grant

$8,095,249

Federal Funds Not Specifically Identified

$24,758,293

Other Funds

$11,187,482

Other Funds - Not Specifically Identified

$11,187,482

State Funds

$36,827,399

State General Funds

$36,827,399

Intra-State Government Transfers

$4,100,585

Other Intra-State Government Payments

$4,100,585

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$37,586,501 $100,242,736

Reduce funds to reflect an adjustment in property liability premiums.

($8,906)

($8,906)

Reflect an adjustment in telecommunications expenses.

($1,475,827) ($1,475,827)

Reduce funds for personal services.

($339,543)

($339,543)

Reduce funds for operating expenses.

($86,266)

($102,038)

Reduce funds for computer charges.

($81,110)

($112,653)

Reduce funds for contractual services in information technology.

($717,450)

($996,458)

Reduce funds for Liberty County DFCS office rent.

($50,000)

($50,000)

Reflect an adjustment in telecommunications expenses.

$2,000,000

$2,000,000

Amount appropriated in this Act

$36,827,399 $99,157,311

358

JOURNAL OF THE HOUSE

27.10. Elder Abuse Investigations and Prevention

Purpose: The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred.

Total Funds

$17,730,036

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

$14,156,603

State General Funds

$14,156,603

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$14,212,422 $17,785,855

Reduce funds for personal services.

($55,819)

($55,819)

Amount appropriated in this Act

$14,156,603 $17,730,036

27.11. Elder Community Living Services

Purpose: The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$110,565,064

Federal Funds and Grants

$41,416,802

Medical Assistance Program

$13,765,259

Social Services Block Grant

$3,761,430

Federal Funds Not Specifically Identified

$23,890,113

State Funds

$69,148,262

State General Funds

$64,074,385

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 (HB 742)

$71,786,918 $113,203,720

Reduce funds to reflect a revised expenditure projection for the Community Care Services Program.

($2,638,656) ($2,638,656)

Amount appropriated in this Act

$69,148,262 $110,565,064

27.12. Elder Support Services
Purpose: The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services.

FRIDAY, FEBRUARY 8, 2013

359

Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds

$8,720,517 $5,866,268 $5,866,268 $2,854,249 $1,736,320 $1,117,929

27.13. Energy Assistance

Purpose: The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

Total Funds

$51,201,001

Federal Funds and Grants

$51,201,001

Low-Income Home Energy Assistance

$51,201,001

27.14. Family Violence Services

Purpose: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

Total Funds

$13,885,494

Federal Funds and Grants

$2,083,044

Federal Funds Not Specifically Identified

$2,083,044

State Funds

$11,802,450

State General Funds

$11,802,450

27.15. Federal Eligibility Benefit Services

Purpose: The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF).

Total Funds

$239,684,861

Federal Funds and Grants

$126,313,967

Child Care and Development Block Grant

$900,000

Foster Care Title IV-E

$2,882,030

Low-Income Home Energy Assistance

$365,613

Medical Assistance Program

$40,832,012

Temporary Assistance for Needy Families Block Grant

$19,628,860

Federal Funds Not Specifically Identified

$61,705,452

Other Funds

$10,234,164

Other Funds - Not Specifically Identified

$10,234,164

State Funds

$103,136,730

State General Funds

$103,136,730

360

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 (HB 742)

$103,489,119 $240,037,250

Reflect an adjustment in telecommunications expenses.

($352,389)

($352,389)

Amount appropriated in this Act

$103,136,730 $239,684,861

27.16. 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

$61,768,742

Federal Funds and Grants

$61,768,742

Social Services Block Grant

$35,981,142

Temporary Assistance for Needy Families Block Grant

$25,787,600

27.17. 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

$194,115,886

Federal Funds and Grants

$126,528,773

Foster Care Title IV-E

$34,705,392

Temporary Assistance for Needy Families Block Grant

$91,734,359

Federal Funds Not Specifically Identified

$89,022

State Funds

$67,587,113

State General Funds

$67,587,113

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$67,637,113 $194,165,886

Reduce one-time funds for operating expenses.

($50,000)

($50,000)

Utilize surplus Temporary Assistance for Needy Families (TANF) funds for increase in out-of-home care utilization.(G:YES)

$0

$0

Amount appropriated in this Act

$67,587,113 $194,115,886

27.18. 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

FRIDAY, FEBRUARY 8, 2013

361

27.19. 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

27.20. Support for Needy Families - Work Assistance

Purpose: The purpose of this appropriation is to assist needy Georgian families in achieving selfsufficiency 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 following appropriations are for agencies attached for administrative purposes.

27.21. 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

$198,973

State Funds

$198,973

State General Funds

$198,973

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$205,127

$205,127

Reduce funds for personal services.

($6,154)

($6,154)

Amount appropriated in this Act

$198,973

$198,973

27.22. 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

$9,677,967

Federal Funds and Grants

$1,172,819

Medical Assistance Program

$1,172,819

362

JOURNAL OF THE HOUSE

State Funds

$8,505,148

State General Funds

$8,505,148

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$9,032,225

$9,754,007

Eliminate two vacant administrative positions.

($76,040)

($76,040)

Replace state funds with federal funds.

($451,037)

$0

Amount appropriated in this Act

$8,505,148

$9,677,967

27.23. 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

$2,579,279

Federal Funds and Grants

$2,311,624

Federal Funds Not Specifically Identified

$2,311,624

State Funds

$267,655

State General Funds

$267,655

27.24. 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

$3,584,270

Federal Funds and Grants

$2,335,411

Federal Funds Not Specifically Identified

$2,335,411

State Funds

$1,248,859

State General Funds

$1,248,859

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,401,526

$3,736,937

Reduce funds for personal services.

($152,667)

($152,667)

Amount appropriated in this Act

$1,248,859

$3,584,270

27.25. 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

FRIDAY, FEBRUARY 8, 2013

363

27.26. 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

$11,099,375

Prior Year Funds - Other

$729,513

27.27. 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

$32,511,860

Federal Funds and Grants

$6,994,089

Federal Funds Not Specifically Identified

$6,994,089

Other Funds

$18,888,287

Other Funds - Not Specifically Identified

$18,888,287

State Funds

$6,629,484

State General Funds

$6,629,484

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,484,053 $31,366,429

Transfer funds from the Vocational Rehabilitation program to align budget with expenditures for vocational rehabilitation services.

$145,431

$145,431

Adjust funds based on projected expenditures.

$1,000,000

$1,000,000

Amount appropriated in this Act

$6,629,484 $32,511,860

27.28. 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

$78,968,670

Federal Funds and Grants

$65,667,153

Federal Funds Not Specifically Identified

$65,667,153

Other Funds

$806,216

Other Funds - Not Specifically Identified

$806,216

State Funds

$12,495,301

State General Funds

$12,495,301

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

364

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds for personal services. Transfer funds to the Roosevelt Warm Springs Institute program to align budget with expenditures for vocational rehabilitation services. Amount appropriated in this Act

State Funds $13,031,299
($390,567) ($145,431)
$12,495,301

Total Funds $79,504,668
($390,567) ($145,431)
$78,968,670

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

$21,189,143 $2,126,966 $2,126,966 $97,232 $81,806 $15,426
$18,964,945 $18,964,945

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

$1,707,714

State Funds

$1,707,714

State General Funds

$1,707,714

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,699,506

$1,699,506

Reduce funds to reflect an adjustment in property liability premiums.

($397)

($397)

Reflect an adjustment in telecommunications expenses.

$8,605

$8,605

Amount appropriated in this Act

$1,707,714

$1,707,714

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

FRIDAY, FEBRUARY 8, 2013

365

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

$8,218,538

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

$6,998,199

State General Funds

$6,998,199

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,403,077

$8,623,416

Reduce funds for personal services.

($223,667)

($223,667)

Eliminate the Department of Labor contract for information technology services.

($28,047)

($28,047)

Reduce funds for operating expenses.

($8,332)

($8,332)

Reduce funds to align budget with expenditures.

($144,832)

($144,832)

Amount appropriated in this Act

$6,998,199

$8,218,538

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

28.5. Insurance Regulation

Purpose: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

Total Funds

$5,835,694

Federal Funds and Grants

$1,003,859

Federal Funds Not Specifically Identified

$1,003,859

State Funds

$4,831,835

366

JOURNAL OF THE HOUSE

State General Funds

$4,831,835

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,037,835

$6,041,694

Reduce funds for personal services.

($206,000)

($206,000)

Amount appropriated in this Act

$4,831,835

$5,835,694

28.6. Special Fraud

Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

Total Funds

$4,037,712

State Funds

$4,037,712

State General Funds

$4,037,712

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$3,437,712

$3,437,712

Increase funds to reflect assessments on insurance providers for additional fraud detection coverage.

$600,000

$600,000

Amount appropriated in this Act

$4,037,712

$4,037,712

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

$128,640,437 $27,148,061 $27,148,061 $22,487,237 $22,487,237 $79,005,139 $79,005,139

29.1. Bureau Administration

Purpose: The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property.

Total Funds

$8,297,697

Federal Funds and Grants

$30,000

Federal Funds Not Specifically Identified

$30,000

State Funds

$8,267,697

State General Funds

$8,267,697

FRIDAY, FEBRUARY 8, 2013

367

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,275,139

$7,305,139

Reduce funds to reflect an adjustment in property liability premiums.

($5,928)

($5,928)

Reflect an adjustment in telecommunications expenses.

$1,048,486

$1,048,486

Reduce funds for contractual services.

$0

$0

Reduce funds for personal services.

($50,000)

($50,000)

Amount appropriated in this Act

$8,267,697

$8,297,697

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

$10,296,523

Federal Funds and Grants

$181,425

Federal Funds Not Specifically Identified

$181,425

Other Funds

$5,574,412

Other Funds - Not Specifically Identified

$5,574,412

State Funds

$4,540,686

State General Funds

$4,540,686

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$6,153,521 $10,314,319

Reduce funds to reflect an adjustment in property liability premiums.

($17,796)

($17,796)

Replace state funds with other funds for operations to reflect revised

($1,115,039)

$0

revenue projections.

Replace state funds with additional anticipated revenues from

($480,000)

$0

fingerprint fees for operations.

Amount appropriated in this Act

$4,540,686 $10,296,523

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

$26,901,323

Federal Funds and Grants

$81,131

368

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$81,131

Other Funds

$157,865

Other Funds - Not Specifically Identified

$157,865

State Funds

$26,662,327

State General Funds

$26,662,327

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$26,558,210 $26,797,206

Reduce funds to reflect an adjustment in property liability premiums.

($99,828)

($99,828)

Reflect an adjustment in telecommunications expenses.

$300,000

$300,000

Reduce funds for personal services.

($96,055)

($96,055)

Amount appropriated in this Act

$26,662,327 $26,901,323

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

$29,852,994

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

$28,407,429

State General Funds

$28,407,429

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$28,244,689 $29,690,254

Reduce funds to reflect an adjustment in property liability premiums.

($18,444)

($18,444)

Reflect an adjustment in telecommunications expenses.

$300,000

$300,000

Reduce funds for personal services.

($109,503)

($109,503)

Reduce funds for telecommunications by eliminating landlines for employees who have business cell phones.

($9,313)

($9,313)

Amount appropriated in this Act

$28,407,429 $29,852,994

The following appropriations are for agencies attached for administrative purposes.

FRIDAY, FEBRUARY 8, 2013

369

29.5. 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

$53,291,900

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

$11,127,000

State General Funds

$11,127,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$11,984,709 $54,149,609

Reflect an adjustment in telecommunications expenses.

$4,008

$4,008

Reduce funds for temporary labor.

($10,531)

($10,531)

Reduce funds to reflect projected Accountability Court expenditures.

($851,186)

($851,186)

Amount appropriated in this Act

$11,127,000 $53,291,900

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

$299,337,798 $1,524,955 $1,524,955 $5,346,927 $5,346,927
$292,465,916 $292,465,916

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 residential placement, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management.

Total Funds

$84,289,944

Other Funds

$1,724,638

Other Funds - Not Specifically Identified

$1,724,638

State Funds

$82,565,306

370

JOURNAL OF THE HOUSE

State General Funds

$82,565,306

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$88,760,377 $90,485,015

Reduce funds to reflect an adjustment in property liability premiums.

($2,315)

($2,315)

Reflect an adjustment in telecommunications expenses.

$189,496

$189,496

Eliminate funds for contracts in low utilization programs.

($4,881,867) ($4,881,867)

Reduce funds for contracts by switching 114 non-secure detention monitoring slots not in independent court districts to active GPS monitoring.

($696,811)

($696,811)

Reduce funds for personal services.

($803,574)

($803,574)

Reflect a change in the purpose statement.

$0

$0

Amount appropriated in this Act

$82,565,306 $84,289,944

30.2. 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

$27,414,054

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

$26,864,172

State General Funds

$26,864,172

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$26,944,170 $27,494,052

Reduce funds to reflect an adjustment in property liability premiums.

($6,693)

($6,693)

Reflect an adjustment in telecommunications expenses.

$227,725

$227,725

Reduce funds for personal services.

($301,030)

($301,030)

Amount appropriated in this Act

$26,864,172 $27,414,054

30.3. 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

$82,976,377

FRIDAY, FEBRUARY 8, 2013

371

Federal Funds and Grants

$1,089,360

Federal Funds Not Specifically Identified

$1,089,360

Other Funds

$1,578,199

Other Funds - Not Specifically Identified

$1,578,199

State Funds

$80,308,818

State General Funds

$80,308,818

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$81,513,332 $84,180,891

Reduce funds to reflect an adjustment in property liability premiums.

($45,066)

($45,066)

Reflect an adjustment in telecommunications expenses.

$83,371

$83,371

Reduce funds for operating expenses related to education services at multiple YDCs.

($483,670)

($483,670)

Eliminate two recreation staff positions at Eastman Youth Development Campus (YDC).

($29,575)

($29,575)

Reduce funds for personal services.

($729,574)

($729,574)

Amount appropriated in this Act

$80,308,818 $82,976,377

30.4. 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

$104,657,423

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

$102,727,620

State General Funds

$102,727,620

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$103,529,255 $105,459,058

Reduce funds to reflect an adjustment in property liability premiums.

($46,118)

($46,118)

Reflect an adjustment in telecommunications expenses.

$111,080

$111,080

Reduce funds for personal services.

($866,597)

($866,597)

Amount appropriated in this Act

$102,727,620 $104,657,423

372

JOURNAL OF THE HOUSE

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

$136,160,509 $122,284,919 $122,284,919 $13,735,317 $13,735,317
$140,273 $140,273

31.1. 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

$32,804,813

Federal Funds and Grants

$31,312,292

Federal Funds Not Specifically Identified

$31,312,292

State Funds

$1,352,248

State General Funds

$1,352,248

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 (HB 742)

$1,818,382 $33,270,947

Reduce funds to reflect an adjustment in property liability premiums.

($5,590)

($5,590)

Reflect an adjustment in telecommunications expenses.

($1,877)

($1,877)

Reduce funds for personal services and eliminate one filled position.

($171,736)

($171,736)

Reduce funds for operating expenses.

($286,931)

($286,931)

Amount appropriated in this Act

$1,352,248 $32,804,813

31.2. 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

31.3. 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.

FRIDAY, FEBRUARY 8, 2013

373

Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$54,962,877 $49,173,186 $49,173,186
$5,789,691 $5,789,691

31.4. 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

$46,142,946

Federal Funds and Grants

$39,549,568

Federal Funds Not Specifically Identified

$39,549,568

State Funds

$6,593,378

State General Funds

$6,593,378

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$6,798,338 $46,347,906

Reflect an adjustment in telecommunications expenses.

($1,010)

($1,010)

Eliminate funds for four filled positions.

($203,950)

($203,950)

Amount appropriated in this Act

$6,593,378 $46,142,946

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

$59,753,206 $3,597,990 $3,597,990
$37,377,433 $37,377,433 $18,777,783 $18,777,783

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

$55,022,264

Other Funds

$37,375,322

Other Funds - Not Specifically Identified

$37,375,322

State Funds

$17,646,942

374

JOURNAL OF THE HOUSE

State General Funds

$17,646,942

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$17,702,607 $55,077,929

Reduce funds to reflect an adjustment in property liability premiums.

($269)

($269)

Reflect an adjustment in telecommunications expenses.

($55,396)

($55,396)

Amount appropriated in this Act

$17,646,942 $55,022,264

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

$4,730,942

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

$1,130,841

State General Funds

$1,130,841

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,135,658

$4,735,759

Reflect an adjustment in telecommunications expenses.

($4,817)

($4,817)

Amount appropriated in this Act

$1,130,841

$4,730,942

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 State General Funds

$251,338,962 $54,101,622
$11,607 $54,090,015 $107,309,338 $24,259,164 $82,946,261
$103,913 $89,928,002 $89,928,002

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

FRIDAY, FEBRUARY 8, 2013

375

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

$6,622,996

Federal Funds and Grants

$4,470,663

Federal Funds Not Specifically Identified

$4,470,663

Other Funds

$110,329

Other Funds - Not Specifically Identified

$110,329

State Funds

$2,042,004

State General Funds

$2,042,004

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,114,490

$6,695,482

Reflect an adjustment in telecommunications expenses.

$17,212

$17,212

Replace state funds with existing federal funds for operating expenses.

($69,698)

($69,698)

Reduce funds for operating expenses.

($20,000)

($20,000)

Amount appropriated in this Act

$2,042,004

$6,622,996

33.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$11,606,222

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

$11,457,157

376

JOURNAL OF THE HOUSE

State General Funds

$11,457,157

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$11,559,274 $11,708,339

Reduce funds to reflect an adjustment in property liability premiums.

($147,804)

($147,804)

Reflect an adjustment in telecommunications expenses.

$91,583

$91,583

Reduce funds for operating expenses.

($45,896)

($45,896)

Amount appropriated in this Act

$11,457,157 $11,606,222

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

$114,919,334

Federal Funds and Grants

$32,861,619

Federal Funds Not Specifically Identified

$32,861,619

Other Funds

$56,778,515

Agency Funds

$24,259,164

Other Funds - Not Specifically Identified

$32,519,351

State Funds

$25,279,200

State General Funds

$25,279,200

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$25,928,053 $115,568,187

Reduce funds to reflect an adjustment in property liability premiums.

($4,148)

($4,148)

Reflect an adjustment in telecommunications expenses.

$201,686

$201,686

Reduce funds for personal services and eliminate six vacant positions.

($606,391)

($606,391)

Reduce funds for contracts.

($240,000)

($240,000)

Amount appropriated in this Act

$25,279,200 $114,919,334

FRIDAY, FEBRUARY 8, 2013

377

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 (HB 742)

$3,397,423

$3,397,423

Retain 100% of funds and utilize for clean-up activities, local government reimbursement requests, and operating expenses.

$0

$0

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

$2,320,413

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

$1,299,626

State General Funds

$1,299,626

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,306,663

$2,327,450

Reflect an adjustment in telecommunications expenses.

$11,279

$11,279

Replace state funds with existing federal funds for personal services.

($18,316)

($18,316)

Amount appropriated in this Act

$1,299,626

$2,320,413

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

$56,570,747

Federal Funds and Grants

$1,704,029

378

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$1,704,029

Other Funds

$41,480,954

Other Funds - Not Specifically Identified

$41,480,954

State Funds

$13,385,764

State General Funds

$13,385,764

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$13,696,318 $56,881,301

Reflect an adjustment in telecommunications expenses.

$108,177

$108,177

Reduce funds for operating expenses.

($62,073)

($62,073)

Reduce funds for personal services and eliminate two filled positions.

($356,658)

($356,658)

Amount appropriated in this Act

$13,385,764 $56,570,747

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

$1,865,775

State Funds

$1,865,775

State General Funds

$1,865,775

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,923,479

$1,923,479

Reduce funds for operating expenses.

($57,704)

($57,704)

Amount appropriated in this Act

$1,865,775

$1,865,775

FRIDAY, FEBRUARY 8, 2013

379

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

$53,824,159

Federal Funds and Grants

$13,837,944

Federal Funds Not Specifically Identified

$13,837,944

Other Funds

$8,785,162

Other Funds - Not Specifically Identified

$8,785,162

State Funds

$31,201,053

State General Funds

$31,201,053

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$32,129,399 $54,752,505

Reflect an adjustment in telecommunications expenses.

$274,648

$274,648

Reduce funds for personal services, and eliminate two filled positions and three vacant positions.

($625,934)

($625,934)

Replace state funds with existing federal funds.

($251,298)

($251,298)

Reduce funds for operating expenses.

($325,762)

($325,762)

Amount appropriated in this Act

$31,201,053 $53,824,159

Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$53,878,492 $806,050 $806,050
$53,072,442 $53,072,442

34.1. Board Administration

Purpose: The purpose of this appropriation is to provide administrative support for the agency.

Total Funds

$4,776,712

State Funds

$4,776,712

State General Funds

$4,776,712

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,952,894

$4,952,894

Reduce funds to reflect an adjustment in property liability premiums.

($1,092)

($1,092)

380

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Reduce funds for computer expenses. Amount appropriated in this Act

($7,085) ($168,005) $4,776,712

($7,085) ($168,005) $4,776,712

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

$11,601,066

State Funds

$11,601,066

State General Funds

$11,601,066

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$11,610,330 $11,610,330

Reflect an adjustment in telecommunications expenses.

($1,134)

($1,134)

Reduce funds for personal services.

($43,000)

($43,000)

Transfer funds and two positions from the Parole Supervision program to support the transition center max-out initiative.

$34,870

$34,870

Amount appropriated in this Act

$11,601,066 $11,601,066

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

$37,050,013

Federal Funds and Grants

$806,050

Federal Funds Not Specifically Identified

$806,050

State Funds

$36,243,963

State General Funds

$36,243,963

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$36,867,564 $37,673,614

Reflect an adjustment in telecommunications expenses.

($19,837)

($19,837)

Reduce funds for personal services.

($238,638)

($238,638)

Reduce funds for operating expenses as part of the virtual office initiative.

($55,900)

($55,900)

Transfer funds and two positions to the Clemency Decisions program to support the transition center max-out initiative.

($34,870)

($34,870)

FRIDAY, FEBRUARY 8, 2013

381

Reduce funds for real estate rentals as part of the virtual office initiative.
Amount appropriated in this Act

($274,356) $36,243,963

($274,356) $37,050,013

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

$450,701

State Funds

$450,701

State General Funds

$450,701

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$450,983

$450,983

Reflect an adjustment in telecommunications expenses.

($282)

($282)

Amount appropriated in this Act

$450,701

$450,701

Section 35: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified Prior Year Funds - Other

$820,201 $820,201 $705,234 $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

$820,201

Other Funds

$820,201

Other Funds - Not Specifically Identified

$705,234

Prior Year Funds - Other

$114,967

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$842,012

Reduce funds for operating expenses.

$0

($21,811)

Amount appropriated in this Act

$0

$820,201

382

JOURNAL OF THE HOUSE

The following appropriations are for agencies attached for administrative purposes.

35.2. Payments to Georgia Building Authority

Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Increase payments to Treasury by $155,934 from $1,996,734 to $2,152,668.

$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

$40,668,355 $340,000 $340,000
$40,328,355 $40,328,355

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

$6,293,567

Other Funds

$340,000

Other Funds - Not Specifically Identified

$340,000

State Funds

$5,953,567

State General Funds

$5,953,567

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$6,005,496

$6,345,496

Reflect an adjustment in telecommunications expenses.

($6,846)

($6,846)

Reduce funds for personal services.

($45,083)

($45,083)

Amount appropriated in this Act

$5,953,567

$6,293,567

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

FRIDAY, FEBRUARY 8, 2013

383

entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 1712.

Total Funds

$34,374,788

State Funds

$34,374,788

State General Funds

$34,374,788

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$34,395,328 $34,395,328

Reflect an adjustment in telecommunications expenses.

($20,540)

($20,540)

Amount appropriated in this Act

$34,374,788 $34,374,788

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

$698,768,678 $431,199,269 $20,886,897
$2,419,641 $1,940,650 $10,404,530 $395,547,551 $52,423,532
$889,332 $51,534,200 $215,056,808
$2,396,580 $200,647,108 $12,013,120
$88,289 $88,289

37.1. Adolescent and Adult Health Promotion

Purpose: The purpose of this appropriation is to provide education and services to promote the health and well-being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

Total Funds

$38,111,648

Federal Funds and Grants

$28,088,004

Maternal and Child Health Services Block Grant

$1,000,000

Preventive Health and Health Services Block Grant

$149,000

Temporary Assistance for Needy Families Block Grant

$10,404,530

Federal Funds Not Specifically Identified

$16,534,474

384

JOURNAL OF THE HOUSE

Other Funds

$1,237,224

Other Funds - Not Specifically Identified

$1,237,224

State Funds

$8,786,420

State General Funds

$3,633,981

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 (HB 742)

$8,903,663 $38,228,891

Eliminate three vacant positions in adolescent health and youth development due to organizational restructure.

($172,243)

($172,243)

Provide funds for the SHAPE Initiative contract.

$85,000

$85,000

Reduce funds for programmatic grant-in-aid.

($30,000)

($30,000)

Amount appropriated in this Act

$8,786,420 $38,111,648

37.2. Adult Essential Health Treatment Services

Purpose: The purpose of this appropriation is to provide treatment and services to low-income Georgians with cancer, and Georgians at risk of stroke or heart attacks.

Total Funds

$7,524,986

Federal Funds and Grants

$300,000

Preventive Health and Health Services Block Grant

$300,000

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 (HB 742)

$7,224,986

$7,524,986

Reduce funds for hypertension outreach services.

$0

$0

Amount appropriated in this Act

$7,224,986

$7,524,986

37.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs.

Total Funds

$28,862,077

Federal Funds and Grants

$7,654,298

Medical Assistance Program

$1,807,258

Preventive Health and Health Services Block Grant

$471,900

Federal Funds Not Specifically Identified

$5,375,140

State Funds

$21,207,779

FRIDAY, FEBRUARY 8, 2013

385

State General Funds

$21,075,984

Tobacco Settlement Funds

$131,795

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$20,492,715 $28,147,013

Reduce funds to reflect an adjustment in property liability premiums.

($7,399)

($7,399)

Reflect an adjustment in telecommunications expenses.

$2,642,703

$2,642,703

Reduce funds for personal services ($1,880,240) and operating expenses ($40,000).

($1,920,240) ($1,920,240)

Amount appropriated in this Act

$21,207,779 $28,862,077

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

$37,752,934

Federal Funds and Grants

$35,127,019

Maternal and Child Health Services Block Grant

$280,000

Preventive Health and Health Services Block Grant

$100,000

Federal Funds Not Specifically Identified

$34,747,019

Other Funds

$221,976

Other Funds - Not Specifically Identified

$221,976

State Funds

$2,403,939

State General Funds

$2,403,939

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,753,939 $38,102,934

Eliminate one-time funds to evaluate a real-time interactive web-based quality assessment and assurance system utilizing American Association of Neurological Surgeons (AANS) approved evidencebased medicine for Traumatic Brain Injury.

($350,000)

($350,000)

Amount appropriated in this Act

$2,403,939 $37,752,934

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

386

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$4,764,766 $25,156 $25,156
$4,164,813 $4,049,176
$115,637 $17,600 $17,600

37.6. Immunization

Purpose: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$10,911,464

Federal Funds and Grants

$8,405,559

Preventive Health and Health Services Block Grant

$500,000

Federal Funds Not Specifically Identified

$7,905,559

State Funds

$2,505,125

State General Funds

$2,505,125

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

$47,344,604

Federal Funds and Grants

$27,264,919

Maternal and Child Health Services Block Grant

$8,698,918

Federal Funds Not Specifically Identified

$18,566,001

Other Funds

$75,000

Other Funds - Not Specifically Identified

$75,000

State Funds

$20,004,685

State General Funds

$20,004,685

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$22,079,771 $49,419,690

Replace state funds with existing federal funds in the oral health prevention program.

($475,340)

($475,340)

Reduce funds for programmatic grant-in-aid.

($1,101,746) ($1,101,746)

Recognize contract savings by moving high cost hemophilia clients into the federal Pre-Existing Condition Insurance Plan (PECIP).

($498,000)

($498,000)

Amount appropriated in this Act

$20,004,685 $47,344,604

FRIDAY, FEBRUARY 8, 2013

387

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

$319,519,029

Federal Funds and Grants

$257,026,187

Maternal and Child Health Services Block Grant

$10,623,280

Medical Assistance Program

$119,108

Federal Funds Not Specifically Identified

$246,283,799

Other Funds

$50,245,945

Agency Funds

$245,945

Other Funds - Not Specifically Identified

$50,000,000

State Funds

$12,176,208

State General Funds

$12,176,208

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 (HB 742)

$12,203,708 $319,546,529

Reduce funds for programmatic grant-in-aid.

($27,500)

($27,500)

Amount appropriated in this Act

$12,176,208 $319,519,029

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

State General Funds

$30,499,493

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

388

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds

$547,530 $618,231 $618,231 $3,571,617 $3,571,617

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

$81,858,778

Federal Funds and Grants

$493,275

Medical Assistance Program

$493,275

State Funds

$81,365,503

State General Funds

$81,365,503

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$81,858,779 $82,845,330

Reduce funds for programmatic grant-in-aid.

($493,276)

($986,552)

Amount appropriated in this Act

$81,365,503 $81,858,778

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 following appropriations are for agencies attached for administrative purposes.

37.13. Brain and Spinal Injury Trust Fund

Purpose: The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries.

Total Funds

$2,396,580

State Funds

$2,396,580

Brain and Spinal Injury Trust Fund

$2,396,580

FRIDAY, FEBRUARY 8, 2013

389

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

$15,159,098

State Funds

$15,159,098

State General Funds

$15,159,098

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$15,937,214 $15,937,214

Reduce funds for contractual services.

($778,116)

($778,116)

Amount appropriated in this Act

$15,159,098 $15,159,098

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

$184,312,284 $33,824,374 $33,824,374
$3,831,145 $3,831,145 $111,889,674 $111,889,674 $34,767,091 $34,767,091

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

$7,459,046

Federal Funds and Grants

$243,034

Federal Funds Not Specifically Identified

$243,034

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$3,116,012

State General Funds

$3,116,012

Intra-State Government Transfers

$4,000,000

Other Intra-State Government Payments

$4,000,000

390

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 (HB 742)

$3,114,878

$7,457,912

Reflect an adjustment in telecommunications expenses.

$1,134

$1,134

Amount appropriated in this Act

$3,116,012

$7,459,046

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

$7,372,499

Intra-State Government Transfers

$7,372,499

Other Intra-State Government Payments

$7,372,499

38.3. Departmental Administration

Purpose: The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

Total Funds

$8,280,566

Federal Funds and Grants

$141,571

Federal Funds Not Specifically Identified

$141,571

Other Funds

$3,510

Other Funds - Not Specifically Identified

$3,510

State Funds

$8,135,485

State General Funds

$8,135,485

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$8,249,014

$8,394,095

Reflect an adjustment in telecommunications expenses.

$4,676

$4,676

Reduce funds for operating expenses.

($30,000)

($30,000)

Reduce funds for personal services.

($88,205)

($88,205)

Amount appropriated in this Act

$8,135,485

$8,280,566

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

$2,126,892

FRIDAY, FEBRUARY 8, 2013

391

State Funds

$1,790,127

State General Funds

$1,790,127

Intra-State Government Transfers

$336,765

Other Intra-State Government Payments

$336,765

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,602,488

$1,939,253

Reflect an adjustment in telecommunications expenses.

$810

$810

Transfer funds for personal services from Field Offices and Services to properly align budget to expenditures.

$159,929

$159,929

Increase funds to reflect projected expenditures.

$26,900

$26,900

Amount appropriated in this Act

$1,790,127

$2,126,892

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

$93,119,017

Federal Funds and Grants

$8,096,038

Federal Funds Not Specifically Identified

$8,096,038

Other Funds

$1,252,400

Other Funds - Not Specifically Identified

$1,252,400

State Funds

$76,250,579

State General Funds

$76,250,579

Intra-State Government Transfers

$7,520,000

Other Intra-State Government Payments

$7,520,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$77,541,397 $94,409,835

Reduce funds to reflect an adjustment in property liability premiums.

($21,781)

($21,781)

Reflect an adjustment in telecommunications expenses.

$71,931

$71,931

Reduce funds for operating expenses.

($140,877)

($140,877)

Reduce funds for personal services.

($90,162)

($90,162)

Transfer funds for personal services to Executive Security Services to properly align budget to expenditures.

($159,929)

($159,929)

Delay the start of the state funded Trooper School until FY 2014.

($950,000)

($950,000)

392

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$76,250,579 $93,119,017

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

$23,390,720

Federal Funds and Grants

$6,277,159

Federal Funds Not Specifically Identified

$6,277,159

Other Funds

$70,160

Other Funds - Not Specifically Identified

$70,160

State Funds

$3,926,364

State General Funds

$3,926,364

Intra-State Government Transfers

$13,117,037

Other Intra-State Government Payments

$13,117,037

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$10,125,133 $24,526,922

Reflect an adjustment in telecommunications expenses.

$851

$851

Reduce funds for operating expenses.

($25,000)

($25,000)

Reduce funds for personal services and recognize savings due to a delay in hiring civilian weighmasters and Motor Carrier Compliance Division officers.

($978,667)

($978,667)

Reduce funds for computer expenses.

($133,386)

($133,386)

Replace state funds with other funds for operations.

($5,062,567)

$0

Amount appropriated in this Act

$3,926,364 $23,390,720

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

$3,481,202

State Funds

$3,275,664

State General Funds

$3,275,664

Intra-State Government Transfers

$205,538

Other Intra-State Government Payments

$205,538

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 8, 2013

393

Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

State Funds $3,274,853
$811 $3,275,664

Total Funds $3,480,391
$811 $3,481,202

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

$1,502,824

State Funds

$1,502,824

State General Funds

$1,502,824

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,502,013

$1,502,013

Reflect an adjustment in telecommunications expenses.

$811

$811

Amount appropriated in this Act

$1,502,824

$1,502,824

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

$634,993

State Funds

$634,993

State General Funds

$634,993

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$635,005

$635,005

Reduce funds to reflect an adjustment in property liability premiums.

($12)

($12)

Amount appropriated in this Act

$634,993

$634,993

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

$18,229,082

394

JOURNAL OF THE HOUSE

Federal Funds and Grants

$17,327,181

Federal Funds Not Specifically Identified

$17,327,181

Other Funds

$250

Other Funds - Not Specifically Identified

$250

State Funds

$446,399

State General Funds

$446,399

Intra-State Government Transfers

$455,252

Other Intra-State Government Payments

$455,252

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$368,599 $18,151,282

Reflect an adjustment in telecommunications expenses.

$11,543

$11,543

Reduce funds for real estate rentals.

($11,058)

($11,058)

Increase funds for five positions to offset a loss of federal funds.

$77,315

$77,315

Amount appropriated in this Act

$446,399 $18,229,082

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

$2,736,394

Other Funds

$308,051

Other Funds - Not Specifically Identified

$308,051

State Funds

$2,428,343

State General Funds

$2,428,343

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,471,897

$2,779,948

Reduce funds to reflect an adjustment in property liability premiums.

($160)

($160)

Reflect an adjustment in telecommunications expenses.

$2,837

$2,837

Replace state funds with other funds for operations.

$0

$0

Reduce funds for personal services.

($46,231)

($46,231)

Amount appropriated in this Act

$2,428,343

$2,736,394

FRIDAY, FEBRUARY 8, 2013

395

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

$15,979,049

Federal Funds and Grants

$1,739,391

Federal Funds Not Specifically Identified

$1,739,391

Other Funds

$2,096,774

Other Funds - Not Specifically Identified

$2,096,774

State Funds

$10,382,884

State General Funds

$10,382,884

Intra-State Government Transfers

$1,760,000

Other Intra-State Government Payments

$1,760,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$10,611,301 $16,207,466

Reduce funds to reflect an adjustment in property liability premiums.

($28,197)

($28,197)

Reflect an adjustment in telecommunications expenses.

$18,119

$18,119

Reduce funds for operating expenses.

($59,498)

($59,498)

Reduce funds for contractual services due to the closure of the North Central Georgia Law Enforcement Training Academy.

($50,000)

($50,000)

Reduce funds for personal services and eliminate two vacant positions.

($108,841)

($108,841)

Amount appropriated in this Act

$10,382,884 $15,979,049

Section 39: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$9,214,770 $1,300,246 $1,300,246 $7,673,049 $7,673,049

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

$1,195,743

Federal Funds and Grants

$83,500

Federal Funds Not Specifically Identified

$83,500

State Funds

$1,112,243

State General Funds

$1,112,243

396

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 (HB 742)

$1,111,939

$1,195,439

Reduce funds to reflect an adjustment in property liability premiums.

($176)

($176)

Reflect an adjustment in telecommunications expenses.

$480

$480

Amount appropriated in this Act

$1,112,243

$1,195,743

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

$2,111,437

Federal Funds and Grants

$1,188,246

Federal Funds Not Specifically Identified

$1,188,246

State Funds

$923,191

State General Funds

$923,191

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$977,613

$2,165,859

Reflect an adjustment in telecommunications expenses.

$701

$701

Reduce funds for operating expenses.

($55,123)

($55,123)

Amount appropriated in this Act

$923,191

$2,111,437

39.3. Utilities Regulation

Purpose: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers.

Total Funds

$5,907,590

Federal Funds and Grants

$28,500

Federal Funds Not Specifically Identified

$28,500

State Funds

$5,637,615

State General Funds

$5,637,615

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,874,014

$6,143,989

Reflect an adjustment in telecommunications expenses.

$2,508

$2,508

FRIDAY, FEBRUARY 8, 2013

397

Reduce funds for personal services. Reflect a change in the purpose statement. Amount appropriated in this Act

($238,907) $0
$5,637,615

($238,907) $0
$5,907,590

Section 40: Regents, University System of Georgia Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified Research Funds State Funds State General Funds

$6,265,926,013 $4,520,662,186 $2,488,606,751
$4,617,161 $2,027,438,274 $1,745,263,827 $1,745,263,827

40.1. Agricultural Experiment Station

Purpose: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competitiveness of Georgia's agribusiness.

Total Funds

$71,606,714

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$34,053,795

State General Funds

$34,053,795

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$35,107,005 $72,659,924

Reduce funds for personal services.

($1,053,210) ($1,053,210)

Amount appropriated in this Act

$34,053,795 $71,606,714

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

Agency Funds

$4,760,149

Research Funds

$184,373

398

JOURNAL OF THE HOUSE

40.3. Cooperative Extension Service

Purpose: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state.

Total Funds

$53,667,744

Other Funds

$25,083,929

Agency Funds

$21,102,370

Other Funds - Not Specifically Identified

$231,559

Research Funds

$3,750,000

State Funds

$28,583,815

State General Funds

$28,583,815

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$29,467,851 $54,551,780

Reduce funds for personal services.

($884,036)

($884,036)

Amount appropriated in this Act

$28,583,815 $53,667,744

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

$17,629,177

Other Funds

$10,475,000

Agency Funds

$10,475,000

State Funds

$7,154,177

State General Funds

$7,154,177

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,375,440 $17,850,440

Reduce funds for operating expenses.

($221,263)

($221,263)

Amount appropriated in this Act

$7,154,177 $17,629,177

40.5. Forestry Cooperative Extension

Purpose: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources.

Total Funds

$1,063,690

Other Funds

$575,988

FRIDAY, FEBRUARY 8, 2013

399

Other Funds - Not Specifically Identified

$100,000

Research Funds

$475,988

State Funds

$487,702

State General Funds

$487,702

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$502,786

$1,078,774

Reduce funds for personal services.

($15,084)

($15,084)

Amount appropriated in this Act

$487,702

$1,063,690

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

$12,752,956

Other Funds

$10,250,426

Agency Funds

$590,634

Other Funds - Not Specifically Identified

$659,792

Research Funds

$9,000,000

State Funds

$2,502,530

State General Funds

$2,502,530

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,579,928 $12,830,354

Reduce funds for personal services.

($77,398)

($77,398)

Amount appropriated in this Act

$2,502,530 $12,752,956

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.

400

JOURNAL OF THE HOUSE

Total Funds

$229,487,340

Other Funds

$223,917,958

Research Funds

$223,917,958

State Funds

$5,569,382

State General Funds

$5,569,382

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,791,631 $229,709,589

Reduce funds for operating expenses.

($172,249)

($172,249)

Eliminate one-time funds for industrial storm water research.

($50,000)

($50,000)

Amount appropriated in this Act

$5,569,382 $229,487,340

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

$1,193,847

Other Funds

$486,281

Agency Funds

$118,633

Research Funds

$367,648

State Funds

$707,566

State General Funds

$707,566

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$729,450

$1,215,731

Reduce funds for personal services.

($21,884)

($21,884)

Amount appropriated in this Act

$707,566

$1,193,847

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

$2,508,676

Other Funds

$1,345,529

Agency Funds

$745,529

Research Funds

$600,000

State Funds

$1,163,147

State General Funds

$1,163,147

FRIDAY, FEBRUARY 8, 2013

401

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,199,121

$2,544,650

Reduce funds for personal services.

($35,974)

($35,974)

Amount appropriated in this Act

$1,163,147

$2,508,676

40.11. Medical College of Georgia Hospital and Clinics

Purpose: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care.

Total Funds

$28,297,463

State Funds

$28,297,463

State General Funds

$28,297,463

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$29,172,642 $29,172,642

Replace state funds with internally generated funds for personal services.

($875,179)

($875,179)

Amount appropriated in this Act

$28,297,463 $28,297,463

40.12. Public Libraries

Purpose: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs.

Total Funds

$36,445,836

Other Funds

$5,222,400

Agency Funds

$5,222,400

State Funds

$31,223,436

State General Funds

$31,223,436

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$32,189,109 $37,411,509

Reduce funds for personal services and operating expenses.

($965,673)

($965,673)

Amount appropriated in this Act

$31,223,436 $36,445,836

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.

402

JOURNAL OF THE HOUSE

Total Funds

$18,278,598

State Funds

$18,278,598

State General Funds

$18,278,598

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$18,843,915 $18,843,915

Reduce funds for personal services and operating expenses.

($565,317)

($565,317)

Amount appropriated in this Act

$18,278,598 $18,278,598

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

$8,102,099

State Funds

$8,102,099

State General Funds

$8,102,099

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$8,231,266

$8,231,266

Reduce funds to reflect an adjustment in property liability premiums.

($23,055)

($23,055)

Reflect an adjustment in telecommunications expenses.

$104,473

$104,473

Reduce funds for personal services and operating expenses.

($210,585)

($210,585)

Amount appropriated in this Act

$8,102,099

$8,102,099

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

$6,104,447

State Funds

$6,104,447

State General Funds

$6,104,447

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$6,293,244

$6,293,244

Reduce funds for personal services and operating expenses.

($188,797)

($188,797)

Amount appropriated in this Act

$6,104,447

$6,104,447

FRIDAY, FEBRUARY 8, 2013

403

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

$4,843,046

Other Funds

$3,650,620

Agency Funds

$900,000

Research Funds

$2,750,620

State Funds

$1,192,426

State General Funds

$1,192,426

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,229,305

$4,879,925

Reduce funds for personal services.

($36,879)

($36,879)

Amount appropriated in this Act

$1,192,426

$4,843,046

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

$5,737,225,963

Other Funds

$4,183,908,853

Agency Funds

$2,419,517,166

Research Funds

$1,764,391,687

State Funds

$1,553,317,110

State General Funds

$1,553,317,110

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,631,690,795 $5,815,599,648

Reduce funds to reflect an adjustment in property liability premiums.

($2,723,724) ($2,723,724)

Eliminate one-time funds for the Southern Legislative Conference.

($25,000)

($25,000)

Reduce funds for personal services and operating expenses.

($73,424,961) ($73,424,961)

Reduce the special appropriation for Georgia Gwinnett College to reflect a decreased rate of enrollment growth.

($2,200,000) ($2,200,000)

Amount appropriated in this Act

$1,553,317,110 $5,737,225,963

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.

404

JOURNAL OF THE HOUSE

Total Funds

$2,470,069

State Funds

$2,470,069

State General Funds

$2,470,069

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,546,463

$2,546,463

Reduce funds for personal services and operating expenses.

($76,394)

($76,394)

Amount appropriated in this Act

$2,470,069

$2,470,069

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

$10,038,119

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$416,168

State General Funds

$416,168

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$429,039 $10,050,990

Reduce funds for personal services.

($12,871)

($12,871)

Amount appropriated in this Act

$416,168 $10,038,119

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

$2,269,752

State Funds

$2,269,752

State General Funds

$2,269,752

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,339,951

$2,339,951

Reduce funds for the Prep School ($47,522) and the Junior College ($22,677).

($70,199)

($70,199)

FRIDAY, FEBRUARY 8, 2013

405

Amount appropriated in this Act

$2,269,752

$2,269,752

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

$13,370,145

State Funds

$13,370,145

State General Funds

$13,370,145

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$12,850,843 $12,850,843

Reduce funds to reflect an adjustment in property liability premiums.

($14,212)

($14,212)

Reflect an adjustment in telecommunications expenses.

$112,159

$112,159

Eliminate one-time funds for special education programming.

($50,000)

($50,000)

Transfer funds from the Department of Education for half of the Discovery Education contract.

$471,355

$471,355

Amount appropriated in this Act

$13,370,145 $13,370,145

Section 41: Revenue, Department of Total Funds Federal Funds and Grants Prevention and Treatment of Substance Abuse Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$173,243,088 $518,929 $251,507 $267,422
$33,383,189 $27,166,189
$6,217,000 $139,115,390 $138,965,390
$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

$13,895,617

Other Funds

$140,000

Agency Funds

$140,000

406

JOURNAL OF THE HOUSE

State Funds

$13,530,037

State General Funds

$13,530,037

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 (HB 742)

$13,763,396 $14,128,976

Reflect an adjustment in telecommunications expenses.

$257,328

$257,328

Reduce funds for personal services and operating expenses.

($490,687)

($490,687)

Amount appropriated in this Act

$13,530,037 $13,895,617

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

$7,111,205

Other Funds

$484,210

Agency Funds

$484,210

State Funds

$6,626,995

State General Funds

$6,626,995

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$6,573,819

$7,058,029

Reduce funds to reflect an adjustment in property liability premiums.

($4,008)

($4,008)

Reflect an adjustment in telecommunications expenses.

$57,184

$57,184

Amount appropriated in this Act

$6,626,995

$7,111,205

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

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.

FRIDAY, FEBRUARY 8, 2013

407

Total Funds

$625,000

State Funds

$625,000

State General Funds

$625,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Transfer funds from the Tax Compliance program for the Fraud Detection and Prevention System contract.

$625,000

$625,000

Amount appropriated in this Act

$625,000

$625,000

41.5. Industry Regulation

Purpose: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin-operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles.

Total Funds

$5,951,351

Federal Funds and Grants

$518,929

Prevention and Treatment of Substance Abuse Block Grant

$251,507

Federal Funds Not Specifically Identified

$267,422

Other Funds

$2,421,996

Agency Funds

$599,996

Other Funds - Not Specifically Identified

$1,822,000

State Funds

$3,010,426

State General Funds

$2,860,426

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 (HB 742)

$3,041,834

$5,982,759

Reflect an adjustment in telecommunications expenses.

$28,592

$28,592

Reduce funds for one vacant auditor position and one vacant compliance investigator position.

($60,000)

($60,000)

Amount appropriated in this Act

$3,010,426

$5,951,351

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

$5,085,590

Other Funds

$3,095,000

408

JOURNAL OF THE HOUSE

Agency Funds

$400,000

Other Funds - Not Specifically Identified

$2,695,000

State Funds

$1,990,590

State General Funds

$1,990,590

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,819,038

$4,914,038

Reflect an adjustment in telecommunications expenses.

$171,552

$171,552

Amount appropriated in this Act

$1,990,590

$5,085,590

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

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

$21,592,548

Other Funds

$6,440,990

Agency Funds

$4,740,990

Other Funds - Not Specifically Identified

$1,700,000

State Funds

$15,151,558

State General Funds

$15,151,558

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$14,265,208 $20,706,198

Reflect an adjustment in telecommunications expenses.

$886,350

$886,350

Amount appropriated in this Act

$15,151,558 $21,592,548

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

$3,739,483

State Funds

$3,739,483

FRIDAY, FEBRUARY 8, 2013

409

State General Funds

$3,739,483

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$3,710,891

$3,710,891

Reflect an adjustment in telecommunications expenses.

$28,592

$28,592

Amount appropriated in this Act

$3,739,483

$3,739,483

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

$13,102,935

State Funds

$13,102,935

State General Funds

$13,102,935

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$14,243,359 $14,243,359

Reflect an adjustment in telecommunications expenses.

$28,592

$28,592

Reduce funds for personal services and operating expenses.

($1,169,016) ($1,169,016)

Amount appropriated in this Act

$13,102,935 $13,102,935

41.11. Tax Compliance

Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

Total Funds

$53,485,323

Other Funds

$19,835,993

Agency Funds

$19,835,993

State Funds

$33,649,330

State General Funds

$33,649,330

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$35,779,600 $55,615,593

Reflect an adjustment in telecommunications expenses.

$228,736

$228,736

Reduce funds for personal services based on projected expenditures and transfer $1,986,623 in savings to the Fraud Detection and Prevention program.

($2,359,006) ($2,359,006)

Amount appropriated in this Act

$33,649,330 $53,485,323

410

JOURNAL OF THE HOUSE

41.12. Tax Policy

Purpose: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

Total Funds

$2,690,307

Other Funds

$965,000

Agency Funds

$965,000

State Funds

$1,725,307

State General Funds

$1,725,307

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,610,939

$2,575,939

Reflect an adjustment in telecommunications expenses.

$114,368

$114,368

Amount appropriated in this Act

$1,725,307

$2,690,307

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

$22,547,005

State Funds

$22,547,005

State General Funds

$22,547,005

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$21,489,103 $21,489,103

Reflect an adjustment in telecommunications expenses.

$1,057,902

$1,057,902

Amount appropriated in this Act

$22,547,005 $22,547,005

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

$32,816,536 $85,000 $85,000
$1,557,183 $1,121,412
$435,771 $31,174,353 $31,174,353

FRIDAY, FEBRUARY 8, 2013

411

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

$4,357,341

Other Funds

$532,671

Other Funds - Not Specifically Identified

$96,900

Records Center Storage Fee

$435,771

State Funds

$3,824,670

State General Funds

$3,824,670

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,433,889

$4,966,560

Reduce funds to reflect an adjustment in property liability premiums.

($1,593)

($1,593)

Reduce funds for personal services and eliminate five filled positions.

($607,626)

($607,626)

Amount appropriated in this Act

$3,824,670

$4,357,341

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

$2,000,456

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

State Funds

$1,260,944

State General Funds

$1,260,944

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,261,271

$2,000,783

Reduce funds to reflect an adjustment in property liability premiums.

($327)

($327)

Amount appropriated in this Act

$1,260,944

$2,000,456

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

$6,365,880

Federal Funds and Grants

$85,000

412

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$85,000

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$6,230,880

State General Funds

$6,230,880

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$4,789,720

$4,924,720

Reduce funds to reflect an adjustment in property liability premiums.

($673)

($673)

Reflect an adjustment in telecommunications expenses.

$1,181,833

$1,181,833

Transfer funds from the Office Administration program to comply with the National Voter Registration Act's maintenance of effort requirements.

$260,000

$260,000

Amount appropriated in this Act

$6,230,880

$6,365,880

42.4. Office Administration

Purpose: The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$5,872,731

Other Funds

$15,000

Other Funds - Not Specifically Identified

$15,000

State Funds

$5,857,731

State General Funds

$5,857,731

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$6,117,898

$6,132,898

Reduce funds to reflect an adjustment in property liability premiums.

($167)

($167)

Reduce funds for personal services and transfer savings to the Elections program to comply with the National Voter Registration Act's maintenance of effort requirements.

($260,000)

($260,000)

Amount appropriated in this Act

$5,857,731

$5,872,731

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

$7,160,340

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

FRIDAY, FEBRUARY 8, 2013

413

State Funds

$7,010,340

State General Funds

$7,010,340

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,011,199

$7,161,199

Reduce funds to reflect an adjustment in property liability premiums.

($859)

($859)

Amount appropriated in this Act

$7,010,340

$7,160,340

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

$883,809

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$833,809

State General Funds

$833,809

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$833,891

$883,891

Reduce funds to reflect an adjustment in property liability premiums.

($82)

($82)

Amount appropriated in this Act

$833,809

$883,809

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

$264,529

Other Funds

$20,000

Other Funds - Not Specifically Identified

$20,000

State Funds

$244,529

State General Funds

$244,529

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

414

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reduce funds for operating expenses. Amount appropriated in this Act

State Funds $252,104 ($12) ($7,563) $244,529

Total Funds $272,104 ($12) ($7,563) $264,529

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

$1,727,037

State Funds

$1,727,037

State General Funds

$1,727,037

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,941,697

$1,941,697

Reduce funds to reflect an adjustment in property liability premiums.

($53)

($53)

Reflect an adjustment in telecommunications expenses.

$34,473

$34,473

Reduce funds for personal services to reflect projected expenditures.

($223,829)

($223,829)

Reduce funds for operating expenses.

($25,251)

($25,251)

Amount appropriated in this Act

$1,727,037

$1,727,037

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

$1,344,810

State Funds

$1,344,810

State General Funds

$1,344,810

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,344,179

$1,344,179

Reflect an adjustment in telecommunications expenses.

$631

$631

Amount appropriated in this Act

$1,344,810

$1,344,810

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.

FRIDAY, FEBRUARY 8, 2013

415

Total Funds

$2,839,603

State Funds

$2,839,603

State General Funds

$2,839,603

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,944,265

$2,944,265

Reduce funds to reflect an adjustment in property liability premiums.

($525)

($525)

Reflect an adjustment in telecommunications expenses.

$4,734

$4,734

Reduce funds for personal services to reflect projected expenditures.

($108,871)

($108,871)

Amount appropriated in this Act

$2,839,603

$2,839,603

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

$5,124,172 $1,266,565 $1,266,565
$632,184 $632,184 $2,558,834 $2,558,834 $665,842 $665,842

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

$733,896

State Funds

$733,896

State General Funds

$733,896

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$744,781

$744,781

Reduce funds to reflect an adjustment in property liability premiums.

($590)

($590)

Reflect an adjustment in telecommunications expenses.

($3,502)

($3,502)

Reduce funds for operating expenses.

($6,793)

($6,793)

Amount appropriated in this Act

$733,896

$733,896

416

JOURNAL OF THE HOUSE

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

$1,775,598

Federal Funds and Grants

$932,290

Federal Funds Not Specifically Identified

$932,290

Other Funds

$632,184

Other Funds - Not Specifically Identified

$632,184

State Funds

$211,124

State General Funds

$211,124

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$238,237

$1,802,711

Reflect an adjustment in telecommunications expenses.

($542)

($542)

Replace state funds with other funds for personal services.

($26,571)

($26,571)

Amount appropriated in this Act

$211,124

$1,775,598

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

$2,358,769

Federal Funds and Grants

$334,275

Federal Funds Not Specifically Identified

$334,275

State Funds

$1,358,652

State General Funds

$1,358,652

Intra-State Government Transfers

$665,842

Other Intra-State Government Payments

$665,842

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,383,592

$2,383,709

Reflect an adjustment in telecommunications expenses.

($1,992)

($1,992)

Replace state funds with existing other funds for personal services.

($22,948)

($22,948)

Amount appropriated in this Act

$1,358,652

$2,358,769

FRIDAY, FEBRUARY 8, 2013

417

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

$123,989

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

$131,920

State Funds

$131,920

State General Funds

$131,920

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$162,629

$162,629

Reduce funds for operating expenses.

($21,669)

($21,669)

Replace state funds with other funds for personal services.

($9,040)

($9,040)

Amount appropriated in this Act

$131,920

$131,920

Section 44: Student Finance Commission, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds

$602,539,203 $2,654,594 $2,654,594
$599,884,609 $567,132,700 $32,751,909

44.1. Accel

Purpose: The purpose of this appropriation is to allow students to pursue postsecondary study at approved public and private postsecondary institutions, while receiving dual high school and college credit for courses successfully completed.

Total Funds

$8,542,895

Other Funds

$1,842,895

Other Funds - Not Specifically Identified

$1,842,895

State Funds

$6,700,000

State General Funds

$6,700,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

418

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Increase funds to meet the projected need. Amount appropriated in this Act

State Funds $6,500,000
$200,000 $6,700,000

Total Funds $7,069,682 $1,473,213 $8,542,895

44.2. 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

44.3. 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

44.4. HERO Scholarship

Purpose: The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the spouses and children of such members.

Total Funds

$800,000

State Funds

$800,000

State General Funds

$800,000

44.5. 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

$7,918,596

State Funds

$7,918,596

Lottery Funds

$7,918,596

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,922,124

$7,922,124

Reduce funds to reflect an adjustment in property liability premiums.

($3,528)

($3,528)

FRIDAY, FEBRUARY 8, 2013

419

Amount appropriated in this Act

$7,918,596

$7,918,596

44.6. 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

$1,930,296

State Funds

$1,930,296

Lottery Funds

$1,930,296

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$2,636,276

$2,636,276

Reduce funds to meet the projected need.

($705,980)

($705,980)

Amount appropriated in this Act

$1,930,296

$1,930,296

44.7. 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

$89,452,587

State Funds

$89,452,587

Lottery Funds

$89,452,587

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$112,658,625 $112,658,625

Reduce funds to meet the projected need.

($23,206,038) ($23,206,038)

Amount appropriated in this Act

$89,452,587 $89,452,587

44.8. 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

$46,030,622

State Funds

$46,030,622

Lottery Funds

$46,030,622

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$54,385,503 $54,385,503

Reduce funds for HOPE Scholarships - Private Schools to meet the projected need.

($5,883,155) ($5,883,155)

420

JOURNAL OF THE HOUSE

Reduce funds for Zell Miller Scholarships for students attending private postsecondary institutions to meet the total projected need of $595,615.
Amount appropriated in this Act

($2,471,726) ($2,471,726) $46,030,622 $46,030,622

44.9. 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

$401,800,599

State Funds

$401,800,599

Lottery Funds

$401,800,599

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$408,235,018 $408,235,018

Reduce funds for HOPE Scholarships - Public Schools to meet the projected need.

($2,880,572) ($2,880,572)

Reduce funds for Zell Miller Scholarships for students attending public postsecondary institutions to meet the total projected need of $16,973,741.

($3,553,847) ($3,553,847)

Amount appropriated in this Act

$401,800,599 $401,800,599

44.10. 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

44.11. 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

$1,682,251

Other Funds

$237,675

Other Funds - Not Specifically Identified

$237,675

State Funds

$1,444,576

State General Funds

$1,444,576

FRIDAY, FEBRUARY 8, 2013

421

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,444,576

$1,927,299

Reduce funds to meet the projected need.

$0

($245,048)

Amount appropriated in this Act

$1,444,576

$1,682,251

44.12. North Georgia ROTC Grants

Purpose: The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program.

Total Funds

$875,000

State Funds

$875,000

State General Funds

$875,000

44.13. 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

44.14. 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

$20,705,835

Other Funds

$529,727

Other Funds - Not Specifically Identified

$529,727

State Funds

$20,176,108

State General Funds

$20,176,108

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$21,896,323 $22,426,050

Reduce funds to meet the projected need and maintain the current award amount.

($1,720,215) ($1,720,215)

Amount appropriated in this Act

$20,176,108 $20,705,835

422

JOURNAL OF THE HOUSE

The following appropriations are for agencies attached for administrative purposes.

44.15. 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

$758,899

Other Funds

$44,297

Other Funds - Not Specifically Identified

$44,297

State Funds

$714,602

State General Funds

$714,602

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$758,655

$758,655

Reflect an adjustment in telecommunications expenses.

$244

$244

Reduce state general funds and replace with other funds from the

($44,297)

$0

Tuition Guaranty Trust Fund (TGTF).

Amount appropriated in this Act

$714,602

$758,899

Section 45: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments

$31,646,587 $590,000 $590,000
$31,056,587 $31,056,587

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.

45.1. 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

45.2. 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.

FRIDAY, FEBRUARY 8, 2013

423

Total Funds Intra-State Government Transfers Retirement Payments

$31,056,587 $31,056,587 $31,056,587

Section 46: Technical College System of Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$654,790,471 $66,509,000 $66,509,000 $268,710,000 $268,613,230
$96,770 $317,616,387 $317,616,387
$1,360,000 $1,360,000

46.1. 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

$38,997,108

Federal Funds and Grants

$20,447,889

Federal Funds Not Specifically Identified

$20,447,889

Other Funds

$5,480,000

Agency Funds

$5,480,000

State Funds

$13,069,219

State General Funds

$13,069,219

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$13,473,095 $39,400,984

Reflect an adjustment in telecommunications expenses.

$317

$317

Reduce funds for personal services and convert six full-time positions to part-time.

($282,508)

($282,508)

Reduce funds for operating expenses.

($121,685)

($121,685)

Amount appropriated in this Act

$13,069,219 $38,997,108

46.2. 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.

424

JOURNAL OF THE HOUSE

Total Funds

$8,590,562

Federal Funds and Grants

$62,111

Federal Funds Not Specifically Identified

$62,111

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$7,723,367

State General Funds

$7,723,367

Intra-State Government Transfers

$110,000

Other Intra-State Government Payments

$110,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,944,927

$8,812,122

Reduce funds to reflect an adjustment in property liability premiums.

($1,391)

($1,391)

Reflect an adjustment in telecommunications expenses.

$18,179

$18,179

Eliminate funds for one filled position and one vacant position.

($155,848)

($155,848)

Reduce funds for operating expenses.

($68,000)

($68,000)

Reduce funds for computer charges.

($5,000)

($5,000)

Reduce funds for telecommunications.

($9,500)

($9,500)

Amount appropriated in this Act

$7,723,367

$8,590,562

46.3. Quick Start and Customized Services

Purpose: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace.

Total Funds

$22,139,074

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

$12,209,074

State General Funds

$12,209,074

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$12,578,020 $22,508,020

Reduce funds to reflect an adjustment in property liability premiums.

($7,039)

($7,039)

Reflect an adjustment in telecommunications expenses.

$15,434

$15,434

Reduce funds for Quick Start.

($377,341)

($377,341)

FRIDAY, FEBRUARY 8, 2013

425

Amount appropriated in this Act

$12,209,074 $22,139,074

46.4. 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

$585,063,727

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

$284,614,727

State General Funds

$284,614,727

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 (HB 742)

$296,574,308 $597,023,308

Reduce funds to reflect an adjustment in property liability premiums.

($436,552)

($436,552)

Reflect an adjustment in telecommunications expenses.

$339,943

$339,943

Reduce funds for personal services.

($9,908,480) ($9,908,480)

Reduce funds for operating expenses.

($1,954,492) ($1,954,492)

Amount appropriated in this Act

$284,614,727 $585,063,727

Section 47: 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

$2,081,159,751 $1,210,491,192 $1,143,629,823
$66,861,369 $5,730,658 $5,724,308 $6,350
$864,177,668 $857,204,635
$6,973,033 $760,233 $760,233

426

JOURNAL OF THE HOUSE

It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Office of the State Treasurer, attached agency of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriation or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. 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.

47.1. 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 (HB 742)

$3,064,237 $38,607,589

Reduce matching funds for airport aid grants.

$0

$0

Amount appropriated in this Act

$3,064,237 $38,607,589

47.2. 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

$895,791,235

Federal Funds and Grants

$675,252,699

Federal Highway Administration Highway Planning and Construction

$675,252,699

FRIDAY, FEBRUARY 8, 2013

427

State Funds

$220,538,536

Motor Fuel Funds

$220,538,536

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$211,655,479 $886,908,178

Increase funds for capital outlay projects.

$8,883,057

$8,883,057

Amount appropriated in this Act

$220,538,536 $895,791,235

47.3. 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

47.4. 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

$143,386,258

Federal Funds and Grants

$64,892,990

Federal Highway Administration Highway Planning and Construction

$64,892,990

State Funds

$78,328,268

Motor Fuel Funds

$78,328,268

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 (HB 742)

$74,357,642 $139,415,632

Increase funds for operating expenses.

$1,554,605

$1,554,605

Increase funds for personal services to reflect projected expenditures.

$2,416,021

$2,416,021

Amount appropriated in this Act

$78,328,268 $143,386,258

47.5. Data Collection, Compliance and Reporting Purpose: The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic

428

JOURNAL OF THE HOUSE

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

47.6. 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

$64,542,143

Federal Funds and Grants

$10,839,823

Federal Highway Administration Highway Planning and Construction

$10,839,823

Other Funds

$898,970

Agency Funds

$898,970

State Funds

$52,803,350

Motor Fuel Funds

$52,803,350

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$51,083,000 $62,821,793

Increase funds for personal services to reflect projected expenditures.

$920,350

$920,350

Increase funds to implement the Small Business Enterprise and Disadvantaged Business Enterprise programs.

$800,000

$800,000

Amount appropriated in this Act

$52,803,350 $64,542,143

47.7. Local Maintenance and Improvement Grants

Purpose: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments for road and bridge resurfacing projects through the State Funded Construction - Local Road Assistance Program.

Total Funds

$110,642,250

State Funds

$110,642,250

Motor Fuel Funds

$110,642,250

FRIDAY, FEBRUARY 8, 2013

429

47.8. Local Road Assistance Administration

Purpose: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges.

Total Funds

$45,708,468

Federal Funds and Grants

$32,758,670

Federal Highway Administration Highway Planning and Construction

$32,758,670

State Funds

$12,354,565

Motor Fuel Funds

$12,354,565

Intra-State Government Transfers

$595,233

Other Intra-State Government Payments

$595,233

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$16,854,565 $50,208,468

Reduce funds to reflect projected expenditures.

($4,500,000) ($4,500,000)

Amount appropriated in this Act

$12,354,565 $45,708,468

47.9. Planning

Purpose: The purpose of this appropriation is to develop the state transportation improvement program and the state-wide strategic transportation plan, and coordinate transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation.

Total Funds

$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

47.10. Ports and Waterways

Purpose: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

Total Funds

$836,370

State Funds

$836,370

State General Funds

$836,370

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$941,812

$941,812

Reduce funds for property tax assessment to reflect projected expenditures.

($105,442)

($105,442)

430

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$836,370

$836,370

47.11. Rail

Purpose: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

Total Funds

$210,703

Other Funds

$88,239

Agency Funds

$88,239

State Funds

$122,464

State General Funds

$122,464

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$356,891

$445,130

Reduce funds for personal services to reflect projected expenditures.

($234,427)

($234,427)

Amount appropriated in this Act

$122,464

$210,703

47.12. Routine Maintenance

Purpose: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, 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

$217,779,277

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

$192,250,223

Motor Fuel Funds

$192,250,223

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$173,068,804 $198,597,858

Increase funds for operating expenses.

$17,984,339 $17,984,339

Increase funds for personal services to reflect projected expenditures.

$1,197,080

$1,197,080

Amount appropriated in this Act

$192,250,223 $217,779,277

FRIDAY, FEBRUARY 8, 2013

431

47.13. 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

$73,534,207

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

$33,837,425

Motor Fuel Funds

$33,837,425

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$19,640,861 $59,337,643

Increase funds for operating expenses.

$9,133,997

$9,133,997

Increase funds for the Motor Carrier Compliance agreement with the Department of Public Safety.

$5,062,567

$5,062,567

Amount appropriated in this Act

$33,837,425 $73,534,207

47.14. Transit

Purpose: The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds

$34,280,329

Federal Funds and Grants

$31,324,367

Federal Funds Not Specifically Identified

$31,324,367

Other Funds

$6,000

Agency Funds

$6,000

State Funds

$2,949,962

State General Funds

$2,949,962

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$3,277,847 $34,608,214

Reduce funds to reflect an adjustment in property liability premiums.

($100)

($100)

Reduce matching funds for local transit projects.

($327,785)

($327,785)

Amount appropriated in this Act

$2,949,962 $34,280,329

432

JOURNAL OF THE HOUSE

The following appropriations are for agencies attached for administrative purposes.

47.15. Payments to State Road and Tollway Authority

Purpose: The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund.

Total Funds

$237,485,221

Federal Funds and Grants

$148,156,201

Federal Highway Administration Highway Planning and Construction

$148,156,201

State Funds

$89,329,020

Motor Fuel Funds

$89,329,020

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$62,351,674 $210,507,875

Transfer funds from the debt sinking fund to the State Road and Tollway Authority for defeasance of the outstanding bonds for GA400 and associated closing expenses.

$26,977,346 $26,977,346

Amount appropriated in this Act

$89,329,020 $237,485,221

Section 48: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds

$38,385,477 $18,260,569 $18,260,569
$291,281 $291,281 $19,833,627 $19,833,627

48.1. 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

$1,474,015

State Funds

$1,474,015

State General Funds

$1,474,015

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,378,152

$1,378,152

FRIDAY, FEBRUARY 8, 2013

433

Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

$95,863 $1,474,015

$95,863 $1,474,015

48.2. 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

48.3. Georgia War Veterans Nursing Home - Augusta

Purpose: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans, and to serve as a teaching facility for the Medical College of Georgia.

Total Funds

$10,120,391

Federal Funds and Grants

$5,286,048

Federal Funds Not Specifically Identified

$5,286,048

Other Funds

$149,079

Agency Funds

$149,079

State Funds

$4,685,264

State General Funds

$4,685,264

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,035,364 $10,321,412

Reduce funds due to reduced average daily patient census.

($251,282)

($251,282)

Increase other funds to recognize residency fee revenue.

$0

$149,079

Transfer funds to the Veterans Benefits program for personal services.

($98,818)

($98,818)

Utilize existing state funds of $50,261 for the FY 2013 Teachers Retirement System contract increase.(G:YES)

$0

$0

Amount appropriated in this Act

$4,685,264 $10,120,391

48.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

Total Funds

$15,645,903

Federal Funds and Grants

$8,173,077

Federal Funds Not Specifically Identified

$8,173,077

Other Funds

$142,202

434

JOURNAL OF THE HOUSE

Agency Funds

$142,202

State Funds

$7,330,624

State General Funds

$7,330,624

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$7,834,427 $16,007,504

Reduce funds due to reduced average daily patient census.

($361,601)

($361,601)

Transfer funds to the Veterans Benefits program for personal services.

($142,202)

($142,202)

Increase other funds to recognize residency fee revenue.

$0

$142,202

Amount appropriated in this Act

$7,330,624 $15,645,903

48.5. 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 their families about veterans' benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$10,482,210

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

State Funds

$5,858,770

State General Funds

$5,858,770

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$5,696,544 $10,319,984

Reduce funds to reflect an adjustment in property liability premiums.

($12,207)

($12,207)

Reflect an adjustment in telecommunications expenses.

$53,923

$53,923

Transfer state funds from the Georgia War Veterans Nursing Home Augusta program ($98,818) and the Georgia War Veterans Nursing Home - Milledgeville program ($142,202) for twelve new field service officer positions and two new claims and appeals officer positions.

$120,510

$120,510

Amount appropriated in this Act

$5,858,770 $10,482,210

Section 49: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds State Funds State General Funds

$22,967,684 $523,832 $523,832
$22,443,852 $22,443,852

FRIDAY, FEBRUARY 8, 2013

435

49.1. Administer the Workers' Compensation Laws

Purpose: The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

Total Funds

$11,705,873

Other Funds

$458,353

Agency Funds

$458,353

State Funds

$11,247,520

State General Funds

$11,247,520

49.2. Board Administration

Purpose: The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds

$11,261,811

Other Funds

$65,479

Agency Funds

$65,479

State Funds

$11,196,332

State General Funds

$11,196,332

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$10,707,655 $10,773,134

Reduce funds to reflect an adjustment in property liability premiums.

($299)

($299)

Reflect an adjustment in telecommunications expenses.

$488,976

$488,976

Amount appropriated in this Act

$11,196,332 $11,261,811

Section 50: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds

$966,614,703 $16,456,398 $16,456,398 $950,158,305 $126,088,473 $824,069,832

50.1. GO Bonds Issued Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds Motor Fuel Funds

$884,906,663 $16,456,398 $16,456,398 $868,450,265 $126,088,473

436

JOURNAL OF THE HOUSE

State General Funds

$742,361,792

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$1,041,915,306 $1,058,371,704

Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales.

($144,252,667) ($144,252,667)

Reduce funds for debt service and transfer savings to the Department of Transportation for defeasance of the outstanding bonds for GA-400 and associated closing expenses.

($26,977,346)

($26,977,346)

Replace $29,808,242 in motor fuel funds with state general funds.

$0

$0

Reduce funds.

$0

$0

Repeal the authorization of $2,300,000 in 5-year bonds from FY 2013

$0

$0

for the University System of Georgia for equipment for the Education

Classroom Building at Kennesaw State University.

Repeal the authorization of $500,000 in 5-year bonds from FY 2011 for the University System of Georgia for the design of the Ray Charles Fine Arts Center at Albany State University.

($116,300)

($116,300)

Repeal the authorization of $4,765,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction.

($415,508)

($415,508)

Repeal the authorization of $5,210,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction.

($454,312)

($454,312)

Repeal the authorization of $25,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Low-Wealth for local school construction.

($2,180)

($2,180)

Repeal the authorization of $10,455,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular for local school construction.

($911,676)

($911,676)

Repeal the authorization of $2,670,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction.

($242,436)

($242,436)

Repeal the authorization of $525,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction.

($47,670)

($47,670)

Repeal the authorization of $495,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Low-Wealth for local school construction.

($44,946)

($44,946)

FRIDAY, FEBRUARY 8, 2013

437

Amount appropriated in this Act

$868,450,265 $884,906,663

50.2. GO Bonds New

Total Funds

$81,708,040

State Funds

$81,708,040

State General Funds

$81,708,040

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB 742)

$83,022,008 $83,022,008

Repeal the authorization of $5,140,000 in 20-year bonds from FY 2013 for the Department of Education for the Capital Outlay Program - Regular Advance for local school construction and redirect $5,140,000 in available bond proceeds from a FY 2009 Capital Outlay Program - Regular Advance bond issuance towards these projects.

($439,984)

($439,984)

Repeal the authorization of $765,000 in 20-year bonds from FY 2013 for the Department of Education for the Capital Outlay Program Low-Wealth for local school construction and redirect $765,000 in available bond proceeds from a FY 2009 Capital Outlay Program Additional Low Wealth bond issuance towards these projects.

($65,484)

($65,484)

Repeal the authorization of $2,300,000 in 5-year bonds from FY 2013 for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University.

($531,300)

($531,300)

Repeal the authorization of $1,200,000 in 5-year bonds from FY 2013 for the Technical College System of Georgia for equipment for the classroom building at Southern Crescent Technical College.

($277,200)

($277,200)

Amount appropriated in this Act

$81,708,040 $81,708,040

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.

438

JOURNAL OF THE HOUSE

[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 $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.

FRIDAY, FEBRUARY 8, 2013

439

[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 improvement of land, waters, 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 # 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 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

440

JOURNAL OF THE HOUSE

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 Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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

FRIDAY, FEBRUARY 8, 2013

441

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 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.

442

JOURNAL OF THE HOUSE

[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 # 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,

FRIDAY, FEBRUARY 8, 2013

443

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, waters, 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,

444

JOURNAL OF THE HOUSE

construction, development, extension, enlargement, or improvement of land, waters, 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 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

FRIDAY, FEBRUARY 8, 2013

445

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 acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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,

446

JOURNAL OF THE HOUSE

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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.
[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

FRIDAY, FEBRUARY 8, 2013

447

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, waters, 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,

448

JOURNAL OF THE HOUSE

development, extension, enlargement, or improvement of land, waters, 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 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

FRIDAY, FEBRUARY 8, 2013

449

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 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.

450

JOURNAL OF THE HOUSE

Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.302 BOND: K 12 Schools: $105,200,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,552,160 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $105,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.302] From State General Funds, $9,309,724 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 $102,530,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316-317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.303 BOND: K 12 Schools: $78,690,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $7,145,052 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.303] From State General Funds, $7,097,382 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,165,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

FRIDAY, FEBRUARY 8, 2013

451

The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.304 BOND: K 12 Schools: $2,020,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $183,416 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.304] From State General Funds, $138,470 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $1,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 1] From State General Funds, $3,876,476 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $44,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 1] From State General Funds, $2,964,800 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 $34,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:

452

JOURNAL OF THE HOUSE

[Bond # 2] From State General Funds, $1,326,748 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $15,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 2] From State General Funds, $911,240 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $10,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), carried forward by the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 3] From State General Funds, $3,701,640 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $42,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 3] From State General Funds, $3,247,328 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 $37,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 4] From State General Funds, $407,224 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

FRIDAY, FEBRUARY 8, 2013

453

is hereby amended to read as follows:
[Bond # 4] From State General Funds, $405,044 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,645,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 154, Act No. 684, 2010 Regular Session, H.B. 948), which reads as follows:
[Bond # 19] From State General Funds, $418,680 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
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 of 147, 134, Act No. 2, 2011 Regular Session, H.B. 77), which amended reads as follows:
[Bond # 18] From State General Funds, $418,680 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
is hereby amended to read as follows:
[Bond # 19] From State General Funds, $302,380 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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

454

JOURNAL OF THE HOUSE

General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 3] From State General Funds, $2,084,360 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 $24,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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.
is hereby amended to read as follows:
[Bond # 4] From State General Funds, $1,142,760 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 $13,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 164, Act No. 775, 2012 Regular Session, H.B. 742) is hereby repealed in its entirety:
[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.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 167, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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,

FRIDAY, FEBRUARY 8, 2013

455

construction, development, extension, enlargement, or improvement of land, waters, 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.
is hereby amended to read as follows:
[Bond # 42] From State General Funds, $60,060 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 $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 52: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law.
Section 53: 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 54: 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 Intra-State 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.

456

JOURNAL OF THE HOUSE

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 50 shall be the authorizing paragraphs.
Section 55: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit.
In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation Intra-State Government Transfers. This paragraph 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.
The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 105, designating Representative O'Neal of the 146th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 105 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.
The Committee substitute was adopted.

FRIDAY, FEBRUARY 8, 2013

457

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr E Battles N Beasley-Teague N Bell N Bennett Y Bentley E Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas E Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd N Fludd Y Frazier N Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey
Randall Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. N Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 145, nays 18.

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

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:

458

JOURNAL OF THE HOUSE

HR 69 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 69. By Representative Hill of the 22nd:
A RESOLUTION commending University of Georgia's Amazing Student Anna McIntyre and inviting her to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 230. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending the Ellijay Wildlife Rehabilitation Sanctuary, honoring the life and memory of Craig Cylkie, and inviting the Cylkie family to be recognized by the House of Representatives; and for other purposes.
HR 231. By Representatives Waites of the 60th, Wilkinson of the 52nd, Lindsey of the 54th, Brooks of the 55th and Jones of the 53rd:
A RESOLUTION recognizing and commending the Atlanta Falcons football team and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 232. By Representatives Tanner of the 9th and Ralston of the 7th:
A RESOLUTION congratulating Bradley Weaver on winning the American Star in Agribusiness Award and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 233. By Representatives Randall of the 142nd, Dickey of the 140th, Epps of the 144th, Beverly of the 143rd and Peake of the 141st:
A RESOLUTION recognizing February 26, 2013, as Macon Day at the state capitol and inviting citizens and public officials from Macon and Bibb County to be recognized by the House of Representatives; and for other purposes.

FRIDAY, FEBRUARY 8, 2013

459

The following Resolutions of the House were read and adopted:
HR 234. By Representatives Lindsey of the 54th, Morgan of the 39th, Brockway of the 102nd, Houston of the 170th and Allison of the 8th:
A RESOLUTION recognizing February 7, 2013, as End the Commercial Sexual Exploitation of Children Day at the capitol; and for other purposes.
HR 235. By Representative Benton of the 31st:
A RESOLUTION commending Mrs. Hope Meredith, Jefferson High School's 2013 STAR Teacher; and for other purposes.
HR 236. By Representative Benton of the 31st:
A RESOLUTION commending Matthew Deremer, Jefferson High School's 2013 STAR Student; and for other purposes.
HR 237. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Ms. Becki Garner, Jefferson City School System's Teacher of the Year; and for other purposes.
HR 238. By Representatives Dunahoo of the 30th, Hawkins of the 27th, Barr of the 103rd, Rogers of the 10th, Jackson of the 128th and others:
A RESOLUTION honoring the life and memory of Mr. Harold P. Herrin; and for other purposes.
HR 239. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Ms. Claudya Muller on the occasion of her retirement; and for other purposes.
HR 240. By Representative Cheokas of the 138th:
A RESOLUTION commending Dick Lowrey, Hope Macaluso, Mario Evans, Colette Edmisten, and Mike Mathews, and recognizing February 21, 2013, as Legislative Fly-In at the capitol; and for other purposes.

460

JOURNAL OF THE HOUSE

HR 241. By Representative Waites of the 60th:
A RESOLUTION honoring the life and memory of Joshua Ciscero Watson; and for other purposes.
HR 242. By Representatives Scott of the 76th, Douglas of the 78th, Jordan of the 77th, Stovall of the 74th, Waites of the 60th and others:
A RESOLUTION recognizing and commending Mrs. Joi N. B. Martin, Rex Mill Middle School's Teacher of the Year; and for other purposes.
HR 243. By Representatives Scott of the 76th, Douglas of the 78th, Jordan of the 77th, Stovall of the 74th, Waites of the 60th and others:
A RESOLUTION recognizing and commending Pamela Howard Graham, Roberta T. Smith Elementary School's Teacher of the Year; and for other purposes.
HR 244. By Representatives Scott of the 76th, Douglas of the 78th, Jordan of the 77th, Stovall of the 74th, Waites of the 60th and others:
A RESOLUTION recognizing and commending Miriam Cheney, Anderson Elementary School's Teacher of the Year; and for other purposes.
HR 245. By Representatives Scott of the 76th, Douglas of the 78th, Jordan of the 77th, Stovall of the 74th, Waites of the 60th and others:
A RESOLUTION recognizing and commending Mrs. Rene C. Kenny, East Clayton Elementary School's Teacher of the Year; and for other purposes.
HR 246. By Representatives Scott of the 76th, Douglas of the 78th, Jordan of the 77th, Stovall of the 74th, Waites of the 60th and others:
A RESOLUTION recognizing and commending Shanika S. Wells, Morrow High School's Teacher of the Year; and for other purposes.
HR 247. By Representatives Ralston of the 7th and Tanner of the 9th:
A RESOLUTION honoring the life and memory of Edgar George David, Jr.; and for other purposes.

FRIDAY, FEBRUARY 8, 2013

461

HR 248. By Representatives Ralston of the 7th and Tanner of the 9th:
A RESOLUTION honoring the life and memory of Linda Williams; and for other purposes.
HR 249. By Representatives Ralston of the 7th and Tanner of the 9th:
A RESOLUTION honoring the life and memory of Herbert W. Robinson; and for other purposes.
HR 250. By Representatives Ralston of the 7th and Tanner of the 9th:
A RESOLUTION honoring the life and memory of Charles B. Finley; and for other purposes.
HR 251. By Representative Dollar of the 45th:
A RESOLUTION recognizing February 11, 2013, as Hemophilia of Georgia Day at the state capitol; and for other purposes.
HR 252. By Representatives Hugley of the 136th, Randall of the 142nd, Morgan of the 39th, Bennett of the 94th and Smyre of the 135th:
A RESOLUTION recognizing February 18, 2013, as Alpha Kappa Alpha Day at the capitol; and for other purposes.
HR 253. By Representatives Powell of the 32nd, Hitchens of the 161st, Taylor of the 173rd, Greene of the 151st, Atwood of the 179th and others:
A RESOLUTION recognizing Wednesday, February 20, 2013 as "Emergency Medical Services Recognition Day" at the state capitol and commending the emergency medical services professionals of Georgia; and for other purposes.
HR 254. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kelsey A. Kalyta of Armstrong Atlantic State University on Academic Recognition Day for 2013; and for other purposes.
HR 255. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th, Carter of the 175th and others:

462

JOURNAL OF THE HOUSE

A RESOLUTION commending University System of Georgia Outstanding Scholar Christopher Floyd of Darton State College on Academic Recognition Day for 2013; and for other purposes.
HR 256. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and Carter of the 175th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Andrew Nguyen Phan of Atlanta Metropolitan State College on Academic Recognition Day for 2013; and for other purposes.
HR 257. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and Carter of the 175th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Garrett Leighton Barker of Southern Polytechnic State University on Academic Recognition Day for 2013; and for other purposes.
HR 258. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Rebekah J. Lindborg of College of Coastal Georgia on Academic Recognition Day for 2013; and for other purposes.
HR 259. By Representatives Rogers of the 29th, Smith of the 134th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Caleb Zuiderveen of Columbus State University on Academic Recognition Day for 2013; and for other purposes.
HR 260. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Faith Marie Stokes of Dalton State College on Academic Recognition Day for 2013; and for other purposes.
HR 261. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th, Carter of the 175th and others:

FRIDAY, FEBRUARY 8, 2013

463

A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer A. Ragan of Bainbridge College on Academic Recognition Day for 2013; and for other purposes.
HR 262. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and Carter of the 175th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Juan M. Rodriguez of Georgia Perimeter College on Academic Recognition Day for 2013; and for other purposes.
HR 263. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sarah A. Rooks of Abraham Baldwin Agricultural College on Academic Recognition Day for 2013; and for other purposes.
HR 264. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer Michelle Rosenbaum of Clayton State University on Academic Recognition Day for 2013; and for other purposes.
HR 265. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and Carter of the 175th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kelsi S. Garnto of East Georgia State College on Academic Recognition Day for 2013; and for other purposes.
HR 266. By Representatives Rogers of the 29th, Smyre of the 135th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Rena E. Ingram of Fort Valley State University on Academic Recognition Day for 2013; and for other purposes.
HR 267. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and Carter of the 175th:

464

JOURNAL OF THE HOUSE

A RESOLUTION commending University System of Georgia Outstanding Scholar Leslie Albrycht of Georgia College & State University on Academic Recognition Day for 2013; and for other purposes.
HR 268. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and Carter of the 175th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Galen Lane Maret of Georgia Highlands College on Academic Recognition Day for 2013; and for other purposes.
HR 269. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th and Carter of the 175th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Hasan Khosravi of Georgia Institute of Technology on Academic Recognition Day for 2013; and for other purposes.
HR 270. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Dempsey of the 13th, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Carolyn Falk of Georgia Gwinnett College on Academic Recognition Day for 2013; and for other purposes.
HR 271. By Representatives Oliver of the 82nd, Gardner of the 57th, Mosby of the 83rd, Lindsey of the 54th, Parrish of the 158th and others:
A RESOLUTION recognizing and commending Thomas J. Lawley, M.D., on the occasion of his retirement; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, February 11, 2013, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 1:00 o'clock, P.M., Monday, February 11, 2013.

MONDAY, FEBRUARY 11, 2013

465

Representative Hall, Atlanta, Georgia

Monday, February 11, 2013

Fifteenth Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell E Bennett Bentley E Benton Beverly Braddock Broadrick Brockway Brooks Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter E Chandler Channell Chapman Cheokas Clark, J Clark, V Coleman Cooke

Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene

Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard E Hugley Jackson Jacobs Jasperse Jones, J Jones, L Jones, S Jordan E Kaiser Kelley E Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin

Martin Maxwell E Mayo E McCall Meadows Mitchell E Mosby E Murphy Neal Nimmer Nix O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper

Shaw Sheldon Sims, B Smith, E Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Waites Watson, B Watson, S Welch Wilkerson Wilkinson Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Black of the 174th, Casas of the 107th, Fullerton of the 153rd, Morgan of the 39th, Morris of the 156th, Oliver of the 82nd, Weldon of the 3rd, and Willard of the 51st.

466

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Prayer was offered by Father Refugio Onate Melendez, Pastor, Saint Patrick's Catholic Church, Norcross, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives State Capitol Room 220 Atlanta, Georgia 30334
February 11, 2013
The Honorable Robbie Rivers House Clerk's Office 307 State Capitol
To Whom It May Concern:
I, Rep. Tom Rice, HD 95 would like to be registered/recorded as "Yes" for House Bill 105 on this day, February 11, 2013.
If you have any questions, please contact the office.
Sincerely,
/s/ Tom Rice
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

MONDAY, FEBRUARY 11, 2013

467

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 268. By Representatives Harden of the 148th, England of the 116th, Jasperse of the 11th, Burns of the 159th, Williams of the 119th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the O.C.G.A., relating to dealers in agricultural products generally, so as to remove cotton and eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 269. By Representatives Jones of the 53rd, Waites of the 60th and Scott of the 76th:
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 mammography report provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

468

JOURNAL OF THE HOUSE

HB 270. By Representatives Weldon of the 3rd, Shaw of the 176th, Roberts of the 155th, Burns of the 159th, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, so as to codify the duty of a possessor of land to a trespasser against harm; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 271. By Representatives Neal of the 2nd, Lindsey of the 54th, Meadows of the 5th, Oliver of the 82nd, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, so as to revise definitions; to clarify provisions relating to record restriction involving certain felony offenses; to change provisions relating to the application of the Code section to arrests occurring prior to July 1, 2013; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 272. By Representatives Peake of the 141st, Lindsey of the 54th, Dudgeon of the 25th, Williamson of the 115th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.30 of the Official Code of Georgia Annotated, relating to an income tax credit for certain qualified investments for a limited period of time, so as to extend such income tax credit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of

MONDAY, FEBRUARY 11, 2013

469

said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 274. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, Stephens of the 164th, Smith of the 134th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, so as to regulate the practice of falconry; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 275. By Representatives Bentley of the 139th, Marin of the 96th, Fludd of the 64th, Abrams of the 89th, Hugley of the 136th and others:
A BILL to be entitled an Act to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to clarify that an applicant for a public benefit or license who has clearly established his or her United States citizenship need not repeatedly establish his or her citizenship for the same benefit or license; to provide that an establishment of United States citizenship shall apply to subsequent renewal applications for public benefits and licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 276. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Smith of the 70th and Nix of the 69th:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset date for certain hazardous waste fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

470

JOURNAL OF THE HOUSE

HB 277. By Representative Greene of the 151st:
A BILL to be entitled an Act to repeal an Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the fourmonth nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624); to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 278. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), and an Act approved March 28, 2011 (Ga. L. 2011, p. 3525), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to repeal provisions relating to the appointment, qualifications, powers and duties, and compensation of a city manager; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 279. By Representatives Rogers of the 10th, Ehrhart of the 36th, Setzler of the 35th, Willard of the 51st, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to define and provide for exemptions for physician owned ambulatory surgical centers; to repeal definition of single specialty ambulatory surgical center; to amend other provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 280. By Representatives Stephens of the 164th, Parrish of the 158th, Harden of the 148th and Broadrick of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the Georgia State Board of Pharmacy, so as to revise the powers, duties, and authority of the Georgia

MONDAY, FEBRUARY 11, 2013

471

State Board of Pharmacy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 281. By Representatives Carson of the 46th, Parsons of the 44th, Cooper of the 43rd, Dollar of the 45th, Wilkerson of the 38th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4307), so as to provide for an annual report; to change the termination date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 282. By Representatives Hamilton of the 24th, Parsons of the 44th, Stephens of the 164th, Roberts of the 155th, Harbin of the 122nd and others:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to enact the "Municipal Broadband Investment Act"; to allow for public providers of broadband service to provide such services in unserved areas; to provide for a short title; to prohibit a public provider from providing broadband service to areas that are not unserved areas unless such provider is providing such broadband service as of a date certain; to provide for the authority and jurisdiction of the Public Service Commission to make a determination as to whether an area is an unserved area and as to certain violations; to provide for procedures; to provide a cause of action and for recovery; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th and Dudgeon of the 25th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions

472

JOURNAL OF THE HOUSE

regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 284. By Representatives Pruett of the 149th, Kaiser of the 59th, Mitchell of the 88th, Cooper of the 43rd, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact the "Return to Play Act of 2013"; to require public and private schools which provide youth athletic activities to provide information to parents on the nature and risk of concussion and head injury and to establish concussion management and return to play policies; to require public recreation leagues to provide information to parents on the nature and risk of concussion and head injury; to provide for definitions; to provide for the endorsement of concussion recognition education courses; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 285. By Representatives Peake of the 141st, Lindsey of the 54th, Williamson of the 115th, Stephens of the 164th, Sheldon of the 104th and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to provide for conditions, procedures, and limitations; to provide for the issuance of premium tax credits to insurance companies that purchase such credits to offset liability for state insurance premium taxes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 229. By Representative Epps of the 144th:
A RESOLUTION recognizing Mr. William E. "Billy" Hubbard and dedicating two bridges in his honor; and for other purposes.

MONDAY, FEBRUARY 11, 2013

473

Referred to the Committee on Transportation.

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

HB 242 HB 244 HB 246 HB 248 HB 250 HB 252 HB 254 HB 256 HB 258 HB 260 HB 262 HB 264 HB 266 HR 218

HB 243 HB 245 HB 247 HB 249 HB 251 HB 253 HB 255 HB 257 HB 259 HB 261 HB 263 HB 265 HB 267 HR 228

Representative Smith of the 134th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 103 Do Pass HB 198 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 134th
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 193 Do Pass HR 194 Do Pass

474

JOURNAL OF THE HOUSE

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 11, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 59 HB 115 HB 116 HB 132

Alarm monitoring services; licensed persons and companies to utilize alarm verification; require (PS&HS-Taylor-79th) Local boards of education; suspension and removal of members under certain circumstances; revise provisions (Substitute)(Ed-Dickson-6th) Georgia Foundation for Public Education; state board donations, gifts and other property held in trust; authorize transfer (Ed-Dickson-6th) Georgia Board of Pharmacy and Georgia Board of Dentistry; administratively attached to Department of Community Health; provide (Substitute)(RegI-Hawkins-27th)

Modified Structured Rule

HB 79 HB 154

Official Code of Georgia; revise, modernize and correct errors or omissions (Substitute)(Judy-Willard-51st) Worker's compensation; awards and benefits; change certain provisions (I&L-Hamilton-24th)

Structured Rule

None

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

MONDAY, FEBRUARY 11, 2013

475

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

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

Mr. Speaker:

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

HB 5.

By Representatives Waites of the 60th, Glanton of the 75th, Stovall of the 74th, Jordan of the 77th and Scott of the 76th:

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, 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 submission 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 72. By Representatives Smith of the 70th and Epps of the 132nd:

A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3914), so as to change the description of the election districts; to provide 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 147. By Representative McCall of the 33rd:

A BILL to be entitled an Act to amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards,

476

JOURNAL OF THE HOUSE

approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), so as to change the description of the election districts; to provide 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Anderson of the 92nd, Dempsey of the 13th, Coomer of the 14th, Lumsden of the 12th, Benton of the 31st, Peake of the 141st, and Knight of the 130th.
Pursuant to HR 69, the House commended University of Georgia's Amazing Student Anna McIntyre and invited her to be recognized by the House of Representatives.
By unanimous consent, the following Bill of the House was withdrawn from the Rules Calendar and recommitted to the Committee on Regulated Industries:
HB 132. By Representatives Hawkins of the 27th, Rogers of the 29th, Watson of the 166th, Channell of the 120th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 and Chapter 11 of Title 43 of the O.C.G.A., relating to pharmacists and pharmacies and dentists, dental hygienists, and dental assistants, respectively, so as to provide that the Georgia State Board of Pharmacy and the Georgia Board of Dentistry are transferred from being administratively attached from the Secretary of State to the Department of Community Health; to provide for the powers and duties of each board; to authorize each board to employ an executive director; to provide for the powers and duties of such executive directors; to provide for additional powers of the Georgia Drugs and Narcotics Agency; to provide for a census of dentists and dental hygienists; to revise provisions relating to qualifications of applicants to practice dentistry; to provide for notice of felonies by licensees; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

MONDAY, FEBRUARY 11, 2013

477

HB 59.

By Representatives Taylor of the 79th, Cooke of the 18th and Riley of the 50th:

A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement and firefighter resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley

Y Hamilton Harbin
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan E Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin N Martin

E McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A N Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw

E Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson

478

JOURNAL OF THE HOUSE

Y Coleman Y Cooke

Y Greene N Gregory

Y Maxwell Y Mayo

Y Sheldon Y Sims, B

Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 157, nays 9.

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

HB 115. By Representatives Dickson of the 6th, Lindsey of the 54th, Coleman of the 97th and Casas of the 107th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to revise provisions relating to suspension and removal of local school board members 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 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to revise provisions relating to suspension and removal of local school board members 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. Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by revising Code Section 20-2-73, relating to suspension and removal of local school board members under certain circumstances, as follows:
"20-2-73. (a)(1) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519, the local board of education shall notify the State Board of Education within three business days of such placement and the State Board of Education shall conduct a hearing in not less than ten days of such notice nor more than 30 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. A majority of the members of a

MONDAY, FEBRUARY 11, 2013

479

local board of education may petition the State Board of Education to continue any hearing scheduled under this subsection. Upon a showing of good cause, the state board may in its sound discretion continue any such hearing. Notwithstanding any other provision of law, deliberations held by the State Board of Education pursuant to this subsection to formulate its recommendation to the Governor shall not be open to the public; provided, however, that testimony shall be taken in an open meeting and a vote on the recommendation shall be taken in an open meeting following the hearing or at the next regularly scheduled meeting. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (2) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school has been placed on, as of April 20, 2011, the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and does not reattain full accreditation status by July 1, 2011, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member. (c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member's continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain or reattain its accreditation. The appealing member shall be given at least 30 days' notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the agency, and the Attorney General or his or her designee shall represent the interests of the Governor in

480

JOURNAL OF THE HOUSE

the hearing. If it is determined that it is more likely than not that the local board of education member's continued service on the local board of education improves the ability of the local school system or school to retain or reattain its accreditation, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50. (d) Paragraph (1) of subsection Subsection (a) of this Code section shall apply to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after April 20, 2011. (e) This Code section shall apply to all local board of education members, regardless of when they were elected or appointed For purposes of this Code section, an eligible member of a local board of education shall mean a board member who was serving on the local board at the time the accrediting agency placed the local school system or school on the level of accreditation immediately preceding loss of accreditation."

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 Abrams Y Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce E Bryant

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L

E McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick

E Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B
VACANT

MONDAY, FEBRUARY 11, 2013

481

Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fleming Y Floyd N Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

N Jones, S N Jordan E Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 15.

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

HB 154. By Representatives Hamilton of the 24th, Pruett of the 149th, Kirby of the 114th, Lindsey of the 54th, Fleming of the 121st and others:

A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to provide for a limitation period on medical benefits; to provide for changes related to reimbursement of mileage charges; to provide for changes related to interest on lump sum payments of compensation; to provide for changes related to benefits for attempting work; to increase the compensation benefits for total disability and temporary partial disability; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens

E McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix

E Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson

482

JOURNAL OF THE HOUSE

Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan E Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker

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

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

HB 79. By Representative Willard of the 51st:

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said Code in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to reenact the statutory portions of said Code, as amended; to provide for other matters relating to revision and reenactment of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

MONDAY, FEBRUARY 11, 2013

483

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, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

Reserved.

SECTION 2.

SECTION 3. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended in: (1) Code Section 3-8-5, which is repealed, by designating said Code section as reserved.

SECTION 4. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended in: (1) Code Section 4-4-83, relating to quarantines, rules and regulations for disease control, and confiscation, destruction, or disposal of diseased poultry, eggs, chicks, or stock, by replacing "Secretary of Agriculture of the United States." with "secretary of agriculture of the United States." in subsection (b). (2) Code Section 4-4-149, relating to cooperation among state and federal agencies regarding swine mycobacteriosis indemnification, by replacing "The State Department of Agriculture" with "The department". (3) Code Section 4-11-2, relating to definitions regarding general provisions under the "Georgia Animal Protection Act," by replacing "'Secretary of Agriculture'" with "'Secretary of agriculture'" in paragraph (8). (4) Code Section 4-11-12, relating to cooperation with federal government regarding general provisions of animal protection, by replacing "United States Secretary of Agriculture" and "Secretary of Agriculture" with "secretary of agriculture" each time those terms appear. (5) Code Section 4-12-2, relating to definitions regarding injuries from equine or llama activities, by replacing "including, but not limited to, llama clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs, and activities, therapeutic riding programs," with "including but not limited to llama clubs; 4-H clubs; hunt clubs;

484

JOURNAL OF THE HOUSE

riding clubs; school and college sponsored classes, programs, and activities; therapeutic riding programs;" in paragraph (10).

SECTION 5. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended in: (1) Code Section 5-5-25, relating to a new trial on other grounds, by replacing "on other grounds, not provided for" with "on other grounds not provided for". (2) Code Section 5-7-1, relating to orders, decisions, or judgments appealable, and a defendant's right to cross appeal regarding appeal or certiorari by the state in criminal cases, by replacing "the Court of Appeals of Georgia and the Supreme Court of Georgia" with "the Court of Appeals and the Supreme Court" in the introductory language of subsection (a).

Reserved.

SECTION 6.

SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in: (1) Code Section 7-1-1018, relating to ceasing and desist orders, enforcement procedure, civil penalties, and fines regarding licensing of mortgage lenders and mortgage brokers, by replacing "an unlicensed person that orders them to cease" with "an unlicensed person that orders such person to cease" in subsection (a).

Reserved.

SECTION 8.

SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in: (1) Code Section 9-9-2, relating to the Georgia Arbitration Code applicability and exclusive method, by inserting "or" at the end of paragraph (9) of subsection (c). (2) Code Section 9-11-133, relating to forms meeting requirements for civil case filing and disposition, by replacing in the form "IF TORT IS CASE TYPE:" with "IF TORT, IS CASE TYPE:" in subsection (b) and by replacing in the form "Have the parties reached a custodial agreement" with "Have the parties reached a custodial agreement?" in subsection (c).

Reserved.

SECTION 10.

MONDAY, FEBRUARY 11, 2013

485

SECTION 11. Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended in: (1) Code Section 11-2A-103, relating to definitions and index of definitions regarding the "Uniform Commercial Code - Leases" by replacing "pre-existing" with "preexisting" in paragraphs (a) and (o) of subsection (1).

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in: (1) Code Section 12-3-234, relating to accountability of the Jekyll Island - State Park Authority members as trustees and creation of an oversight committee for such authority, by replacing "House Committee on State Institutions and Property" with "House Committee on State Properties" in subsection (b). (2) Part 5 of Article 7 of Chapter 3, which is repealed, by designating said part as reserved. (3) Part 3 of Article 4 of Chapter 5, which is repealed, by designating said part as reserved. (4) Code Section 12-5-287, relating to leasing of state owned marshland or water bottoms, by replacing "House Committee on State Institutions and Property" with "House Committee on State Properties" in subsection (i). (5) Code Section 12-8-106, relating to criteria for participants in voluntary remediation programs regarding hazardous waste under the "Georgia Voluntary Remediation Program Act," by replacing "judgement" with "judgment" in paragraph (2). (6) Code Section 12-13-3, relating to definitions regarding underground storage tanks, by replacing "the Comprehensive Environmental Response, Compensation and Liability Act of 1980," with "the Comprehensive Environmental Response, Compensation, and Liability Act of 1980," in paragraph (14). (7) Code Section 12-13-9, relating to establishing financial responsibility, claims against a guarantor, and the Underground Storage Tank Trust Fund, by replacing "the Comprehensive Environmental Response, Compensation and Liability Act of 1980," with "the Comprehensive Environmental Response, Compensation, and Liability Act of 1980," in subsection (e).

Reserved.

SECTION 13.

Reserved.

SECTION 14.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in:

486

JOURNAL OF THE HOUSE

(1) 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, by replacing "Code Section 15-11-149;" with "Code Section 15-21-149;" in paragraph (12). (2) Code Section 15-11-172, relating to the creation, duties, and authority of the Office of the Child Advocate for the Protection of Children, by replacing "and child welfare, as needed" with "and child welfare as needed" in subsection (e) and by deleting subsection (g). (3) Code Section 15-12-11, relating to appointment of jury clerk and other personnel, juror questionnaires, and construction with other laws, by replacing "post-conviction" with "postconviction" in subsection (c). (4) Code Section 15-16-26, relating to investigation of charges against sheriff, suspension, additional investigations, assumption of sheriff's duties, and indictment for felony, by deleting "and Code Section 15-16-26" from subsection (c). (5) Code Section 15-18-70.1, relating to an acting solicitor-general in the event of death or resignation regarding state courts, by replacing "provided for acting solicitor-generals" with "provided for acting solicitors-general" in subsection (a). (6) Code Section 15-18-92, relating to criteria for appointment and consent regarding the prosecuting attorney of a municipal court, by replacing "subsection (b) of 15-18-72," with "subsection (b) of Code Section 15-18-72," in subsection (b).
SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-12-31, which is repealed, by designating said Code section as reserved. (2) Code Section 16-12-84, which is repealed, by designating said Code section as reserved. (3) Code Section 16-13-25, relating to Schedule I controlled substances, by inserting a beginning bracket between the subparagraph (K) designation and the "2" in subparagraph (K) of paragraph (12). (4) Code Section 16-13-30, relating to the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as effective July 1, 2013, through June 30, 2014, by replacing "at lease two milliliters" with "at least two milliliters" in paragraph (2) of subsection (e) and by replacing "varient" with "variant" in subsection (m). (5) Code Section 16-13-30, relating to the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as effective July 1, 2014, by replacing "at lease two milliliters" with "at least two milliliters" in paragraph (2) of subsection (e) and subparagraph (l)(1)(B) and by replacing "varient" with "variant" in subsection (m).

MONDAY, FEBRUARY 11, 2013

487

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-7-131, relating to proceedings upon a plea of insanity or mental incompetency at the time of the crime, by replacing "Code Section 16-3-2 or Code Section 16-3-3." with "Code Section 16-3-2 or 16-3-3." in paragraph (1) of subsection (a). (2) Code Section 17-10-1, relating to the fixing of a sentence, suspension or probation of a sentence, change in a sentence, eligibility for parole, prohibited modifications, and exceptions, by replacing "under the 'Georgia Street Gang Terrorism and Prevention Act,'" with "under Chapter 15 of Title 16, the 'Georgia Street Gang Terrorism and Prevention Act,'" in paragraph (2) of subsection (a). (3) Code Section 17-12-20, relating to public defender selection panel for each circuit, appointment of public defender, removal, and vacancies, by replacing "resolution seeking review of their findings" with "resolution seeking review of its findings" in subsection (d).

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: (1) Code Section 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report, to whom made, immunity from liability, report based upon privileged communication, and penalty for failure to report, by replacing "Chapter 24" with "Chapter 26" in subparagraph (c)(1)(F).

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-2-103, relating to the oath of the local school superintendent, by replacing in the oath "Typed name of member of ______________local school superintendent" with "Typed name of local school superintendent" near the end. (2) Code Section 20-2-255, which is repealed, by designating said Code section as reserved. (3) Code Section 20-2-307, relating to youth camps and food-processing and young farmers programs, by replacing "described in this subsection" with "described in this Code section". (4) Code Section 20-2-311, which is repealed, by designating said Code section as reserved. (5) Code Section 20-2-319.3, relating to the online clearinghouse of interactive distance learning courses, by replacing "'Online Clearinghouse Act.'" with "'Online Clearinghouse Act.'" in subsection (a), by replacing "'Clearinghouse'" with "'Clearing-house'" in

488

JOURNAL OF THE HOUSE

paragraph (2) of subsection (b), by replacing "clearinghouse" with "clearing-house" each time the term appears throughout said Code section, and by replacing "computer-based" with "computer based" in paragraph (1) of subsection (c) and subsection (i). (6) Code Section 20-2-411, relating to public school fund kept separate, use of funds, separation of school taxes, and investments, by replacing "Comptroller General" with "comptroller general". (7) Code Section 20-2-690, relating to "educational entities" listed and requirements for private schools and home study programs, by replacing "Department of Public Safety" with "Department of Driver Services" each time the term appears in subsections (b) and (c). (8) Chapter 7, which is repealed, by designating said chapter as reserved.

Reserved.

SECTION 21.

SECTION 22. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended in: (1) Code Section 22-1-9, relating to policies and practices guiding exercise of eminent domain, by replacing "real property the condemning authority" with "real property, the condemning authority" and "he or she established" with "it established" in paragraph (3).

SECTION 23. Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended in: (1) Code Section 23-3-120, relating to definitions regarding taxpayer protection against false claims, by replacing "MARTA." with "the Metropolitan Atlanta Rapid Transit Authority." at the end of paragraph (3). (2) Code Section 23-3-122, relating to investigations by the Attorney General, civil actions authorized, intervention by government, limitation on participating in litigation, stay of discovery, alternative remedies; division of recovery, and limitations regarding taxpayer protection against false claims, by replacing "public; provided" with "public, provided" in subparagraph (j)(3)(B).

SECTION 24. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended in: (1) Code Section 24-4-411, relating to liability insurance, by replacing "Code Section 46-7-12" with "Code Section 40-1-112". (2) Code Section 24-4-416, relating to statements of sympathy in medical malpractice cases, by replacing "comprised of" with "composed of" in subsection (a). (3) Code Section 24-12-1, relating to when medical information may be released by a physician, hospital, health care facility, or pharmacist, immunity from liability, waiver of privilege, and psychiatrists and hospitals excepted, by replacing "Department of Community Health," with "Department of Public Health," in subsection (a).

MONDAY, FEBRUARY 11, 2013

489

SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended in: (1) Code Section 25-2-11, which is repealed, by designating said Code section as reserved. (2) Code Section 25-2-21, which is repealed, by designating said Code section as reserved. (3) Code Section 25-14-5, relating to the required marking of cigarettes, by replacing "universal product code" with "Universal Product Code" each time the term appears in paragraph (1) of subsection (a) and paragraph (2) of subsection (d). (4) Code Section 25-15-1, relating to the Office of Safety Fire Commissioner to be successor to the Department of Labor relating to transferred functions, transfer of employees, and Safety Fire Commissioner to report on effects and results of this Code section, by replacing "and thereby under the State Personnel Administration and who are transferred to the office shall retain all existing rights under the State Personnel Administration." with "and who are transferred to the office shall retain all existing rights under such rules." in subsection (d). (5) Code Section 25-15-28, relating to appeals regarding regulation of boilers and pressure vessels, by replacing "the office of State Administrative Hearings," with "the Office of State Administrative Hearings," in subsection (a).
SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in: (1) Code Section 26-4-28, relating to the powers, duties, and authority of the State Board of Pharmacy, by replacing "the Georgia Department of Medical Assistance," with "the Department of Community Health," in paragraph (19) of subsection (a). (2) Code Section 26-4-29, relating to the Georgia Drugs and Narcotics Agency, continuance, appointment, requirements, and duties of director, power to make arrests, report of violations of drug laws, and dangerous drug list, by replacing "in said office" with "in such office" in the introductory language of subsection (b), by replacing "of the said establishments" with "of such establishments" in paragraph (4) of subsection (b), and by replacing "the board can instruct" with "the board may instruct" in subsection (d). (3) Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, by replacing "the said transmission," with "such transmission," in paragraph (5) of subsection (c), by replacing "pharmacist that transmits," with "pharmacist who transmits," in paragraph (6) of subsection (c), and by replacing "care givers" with "caregivers" in subparagraph (c)(7)(C). (4) Code Section 26-4-201, relating to definitions regarding the "Prescription Medication Integrity Act," by replacing "third party logistics provider." with "third-party logistics provider." in paragraph (4), by deleting "('FDA')" and "FDA" in paragraph (11), and by

490

JOURNAL OF THE HOUSE

replacing "the federal Food, Drug and Cosmetic Act ('FFDCA')." with "the Federal Food, Drug, and Cosmetic Act." in paragraph (17).

SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in: (1) Code Section 27-1-15, which is repealed, by designating said Code section as reserved. (2) Code Section 27-1-26, which is repealed, by designating said Code section as reserved. (3) Code Section 27-2-30, relating to establishment of the Wildlife Endowment Fund and limitations on expenditures from the fund, by replacing "lifetime sportsman license" with "lifetime sportsman's license" in subsection (a) and by replacing "lifetime sportsman license" with "lifetime sportsman's license" and "lifetime sportsman licenses" with "lifetime sportsman's licenses" in subsection (b). (4) Code Section 27-3-5, which is repealed, by designating said Code section as reserved. (5) Code Section 27-3-11, which is repealed, by designating said Code section as reserved.

SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in: (1) Code Section 28-4-6, relating to employment, powers, and duties of the legislative fiscal officer employed by the Legislative Services Committee, by replacing "Comptroller General." with "comptroller general." in subsection (a).

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in: (1) Code Section 29-3-32, relating to the investment of estate funds regarding property obligations of conservators of minors, by repealing and reserving paragraph (9), which refers to repealed statutory provisions, and by replacing the period with a semicolon at the end of paragraph (12). (2) Code Section 29-5-32, relating to investment of estate funds by conservator, by repealing and reserving paragraph (9), which refers to repealed statutory provisions.

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in:

MONDAY, FEBRUARY 11, 2013

491

(1) Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, rules and regulations, and use of conviction data in licensing decisions, by replacing "requirements of this paragraph" with "requirements of this subsection" in subsection (d).

Reserved.

SECTION 32.

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-15-123, relating to exempt societies, orders, or associations regarding miscellaneous provisions of fraternal benefit societies, by replacing "descendents" with "descendants" in paragraph (3) of subsection (a). (2) Code Section 33-20A-3, relating to definitions regarding patient protection relative to managed health care plans, by replacing "pursuant to paragraph (1) or (2) of subsection (a) of Code Section 43-5-8," with "pursuant to Code Section 43-5-8," in paragraph (6). (3) Code Section 33-23-12, relating to limited licenses regarding insurance agents, agencies, subagents, counselors, and adjusters, by replacing "60 days notice" with "60 days' notice" in subparagraph (d)(15)(A) and by replacing "15 days notice" with "15 days' notice" in subparagraph (d)(15)(C). (4) Code Section 33-23-102, relating to bond and surety of applicant, liability insurance, and remained licenses regarding the insurance licencing of administrators, by replacing "liability on the bond shall be established" with "liability on the bond, shall be established" in subsection (a) and by replacing "or the license has been terminated." with "or otherwise terminated its license." in subsection (e). (5) Code Section 33-24-27.2, relating to provisions for reimbursement for services within the lawful scope of practice of athletic trainers, by replacing "pursuant to paragraph (1) or (2) of subsection (a) of Code Section 43-5-8" with "pursuant to Code Section 43-5-8" twice in subsection (a). (6) Code Section 33-27-2, relating to extensions of policy coverage to dependents of employees or members regarding group life insurance, by replacing "family members evidence of insurability" with "family members' evidence of insurability" in paragraph (1) of subsection (a). (7) Code Section 33-29A-20, relating to definitions regarding the Commission on the Georgia Health Insurance Risk Pool, by replacing "federal Health Coverage Tax Credits." with "federal health coverage tax credits." in paragraph (8) of subsection (a). (8) Code Section 33-29A-21, relating to creation, membership, duties, and functions of the Commission on the Georgia Health Insurance Risk Pool, by replacing "federal Health Coverage Tax Credits." with "federal health coverage tax credits." in subsection (a). (9) Code Section 33-29A-22, relating to recommendations and reports and powers regarding the Commission on the Georgia Health Insurance Risk Pool, by replacing "individual market and premiums paid" with "individual market, and premiums paid" in paragraph (1) of subsection (a), by replacing "cost effective" with "cost-effective" in

492

JOURNAL OF THE HOUSE

paragraph (3) of subsection (b), and by replacing "start up funds" with "start-up funds" and "federal Health Coverage Tax Credits." with "federal health coverage tax credits." in subsection (c). (10) Code Section 33-31-9, relating to premiums and refunds and credits regarding credit life insurance and credit accident and sickness insurance, by replacing "May 2, 2005 shall provide" with "May 2, 2005, shall provide" in subsection (c.1). (11) Code Section 33-34A-2, relating to definitions regarding vehicle protection product warranties, by replacing "the Department of Insurance." with "the Insurance Department." in paragraph (2). (12) Code Section 33-36-3, relating to definitions regarding the Georgia Insurers Insolvency Pool, by replacing "first party claim" with "first-party claim", "third party claim" with "third-party claim", and "third party claims" with "third-party claims" in subparagraph (G) of paragraph (4); by replacing "first party claims" with "first-party claims" in subparagraph (H) of paragraph (4); and by replacing "any vendor, lessor, or any other party" with "any vendor, any lessor, or any other party" in paragraph (7). (13) Code Section 33-36-7.1, relating to a surcharge on premiums to recoup assessments, disclosure to insureds, and excess surcharges, exception where the expense of collection would exceed the amount of the surcharge regarding the Georgia Insurers Insolvency Pool, by replacing "collectible" with "collectable" in subsection (c). (14) Code Section 33-36-9, relating to coverage afforded by insolvent insurers to become obligation pool and investigation and settlement of claims by pool, by replacing "first party claim" with "first-party claim" and "third party claim" with "third-party claim". (15) Code Section 33-36-11, relating to limitation for filing claims, claims filed after final date set by the court, and default judgments, by replacing "(i)" with "(1)" and "(ii)" with "(2)" in subsection (a). (16) Code Section 33-51-2, relating to legislative intent regarding the Georgia Affordable HSA Eligible High Deductible Health Plan, by replacing "preventative" with "preventive" in paragraph (3). (17) Code Section 33-60-3, relating to definitions regarding the "Small Business Employee Choice of Benefits Health Insurance Plan Act," by replacing "pap smears," with "Pap smears," in subparagraph (C) of paragraph (1).
SECTION 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended in: (1) Code Section 34-8-166, relating to interest on delinquent contribution payments relative to employment security, by replacing "House Industrial Relations Committee" with "House Committee on Industry and Labor" in subsection (c). (2) Code Section 34-8-173, relating to release or subordination of property subject to lien by the Commissioner of Labor and authority of the Commissioner to settle and compromise payment of contributions, by replacing "House Industrial Relations Committee" with "House Committee on Industry and Labor" in subsection (c).

MONDAY, FEBRUARY 11, 2013

493

SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in: (1) Code Section 35-3-163, relating to the dissemination of information in a data bank to law enforcement officials, comparison of profile, request for search, separate statistical data base authorized, and fee for search and comparative analysis, by replacing "comprised of DNA" with "composed of DNA" in subsection (e). (2) Code Section 35-8-14, which is repealed, by designating said Code section as reserved.

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-5-24, relating to definitions and compensation of members of county governing authorities, by replacing "for the county" with "of the county" in paragraph (2) of subsection (b). (2) Code Section 36-44-3, relating to definitions relative to the "Redevelopment Powers Law," by replacing "U.S. Bureau of the Census" with "United States Bureau of the Census" in the introductory language of paragraph (7) and by replacing "duly-adopted amendment" with "duly adopted amendment" in paragraph (10).

Reserved.

SECTION 37.

Reserved.

SECTION 38.

Reserved.

SECTION 39.

SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in: (1) Code Section 40-1-1, relating to definitions regarding general provisions relative to identification and regulation of motor vehicles and traffic, by replacing "Code Section 46-7-85.1." with "Code Section 40-1-151." in paragraph (24.2). (2) Code Section 40-1-57, relating to rules of the Public Service Commission, by replacing "under this Article" with "under this article". (3) Code Section 40-1-100, relating to definitions regarding certification of motor carriers, by replacing "the Commissioner of the Department of Public Safety." with "the commissioner of public safety." in paragraph (3).

494

JOURNAL OF THE HOUSE

(4) Code Section 40-1-101, relating to regulatory compliance inspections, regulation of business, and requirements of motor carriers, by replacing "Title 34 of the Official Code of Georgia Annotated; and" with "Title 34; and" at the end of paragraph (3). (5) Code Section 40-1-102, relating to certificate prerequisite to operation and minimum insurance requirement regarding motor carriers, by replacing "Commissioner of Revenue," with "state revenue commissioner," in subsection (b). (6) Code Section 40-1-104, relating to revocation, alteration, or amendment of certificate, suspension of certificate, and out-of-service orders, by replacing "the 'Georgia Administrative Procedures Act.'" with "the 'Georgia Administrative Procedure Act.'" in subsection (b). (7) Code Section 40-1-129, relating to fines for violating certificate requirement and advertising services without a certificate regarding motor carriers, by replacing "Code section 40-1-56." with "Code Section 40-1-56." in subsection (a). (8) Code Section 40-1-151, relating to definitions regarding limousine carriers, by replacing "paragraph (5) below." with "paragraph (5) of this Code section." at the end of paragraph (2). (9) Code Section 40-1-157, relating to the validity of limousine certificates, by replacing "cancelled" with "canceled". (10) Code Section 40-2-8, relating to the operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal, storage of unlicensed vehicle, jurisdiction, display of temporary plate, revision and extension of temporary plate, and disposition of fines, by replacing "issued without charge or fee therefore." with "issued without charge or fee." in division (b)(2)(B)(i). (11) Code Section 40-2-29, relating to registration and license plate requirement, license fee to accompany application, temporary operating permit, and penalties, by replacing "provided for in paragraph (1)" with "provided for in paragraph (.1)" in subsection (c). (12) Code Section 40-2-60.1, relating to standardized administrative process for special license plates, legislative findings, rules and regulations, definitions, utilization of funds, designs, fees, application for special license plates, continued issuance of plates, and the transfer of plates, by replacing "benefitted" with "benefited" in subsection (d). (13) Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, by replacing "subsection (b) of this Code section" with "this subsection" in subparagraph (b)(2)(B) and by replacing "United States, or recipients" with "United States, recipients" in subsection (d). (14) Code Section 40-2-86.1, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations including plates to identify persons with diabetes, honor veterans of the armed services, and honor the Georgia Association of Realtors, by replacing "the Federal Communication Commission." with "the Federal Communications Commission." twice in paragraph (6) of subsection (l). (15) Code Section 40-3-36, relating to cancellation of certificates of titles for scrap, dismantled, or demolished vehicles or trailers, salvage certificate of title, administrative

MONDAY, FEBRUARY 11, 2013

495

enforcement, and removal of license plates, by replacing "worth $850.00 or less, if the vehicle" with "worth $850.00 or less if the vehicle" in paragraph (2) of subsection (a). (16) Code Section 40-6-22, relating to pedestrian-control signals, by deleting the dashes in the internal catchlines of paragraphs (1) and (2). (17) Code Section 40-6-248.1, relating to securing loads on vehicles, by replacing "Georgia Department of Public Safety, or Georgia Board of Public Safety" with "Department of Public Safety, or Board of Public Safety" in subsection (c).

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-2-11, relating to the powers and duties of the Board of Corrections and adoption of rules and regulations, by replacing "House Committee on State Institutions and Property" with "House Committee on State Properties" in subparagraph (c)(2)(B). (2) Code Section 42-5-50, relating to the transmittal of information on convicted persons, place of detention, payment for inmates not transferred to the custody of the department, and notice in the event of convicted person free on bond pending appeal, by replacing "this Code Section." with "this Code section." in paragraph (5) of subsection (a). (3) Code Section 42-5-53, relating to establishment of county correctional institutions, supervision by department, quota of inmates, funding, and confinement and withdrawal of inmates, by replacing "State Institutions and Property Committee of the House of Representatives" with "House Committee on State Properties" in the introductory language of paragraph (3) of subsection (e).

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-1A-4, relating to the Occupational Regulation Review Council, by replacing "Comptroller General" with "comptroller general" in paragraph (1) of subsection (b). (2) Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, by replacing "Commission on Accreditation for Marriage and Family Therapy education," with "Commission on Accreditation for Marriage and Family Therapy Education," in subparagraph (a)(2)(C). (3) Code Section 43-11-21.1, relating to general anesthesia regarding dentists, dental hygienists, and dental assistants, by deleting the comma after "successor agency" in subparagraph (b)(1)(A).

496

JOURNAL OF THE HOUSE

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-6-181, relating to application and determination of heirs property, by replacing "subpart 1 or 2 of this part, the court" with "Subpart 1 or 2 of this part, the court" in subsection (b). (2) Code Section 44-13-100, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, by replacing "laws of the United States similar benefits" with "laws of the United States, similar benefits" in subparagraph (a)(2.1)(C). (3) Code Section 44-14-361.5, relating to liens of persons without privity of contract regarding mechanics and materialmen, by replacing "Notice of Commencement" with "notice of commencement" each time the term appears.
SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in: (1) Code Section 45-4-13, relating to approval, filing, and recording of official bonds of court clerks, magistrates, sheriffs, coroners, surveyors, treasurers, and tax collectors, by replacing "Comptroller General's" with "comptroller general's". (2) Code Section 45-4-14, relating to time for filing official bonds, by replacing "Comptroller General," with "comptroller general,". (3) Code Section 45-7-28.1, which is reserved, by repealing said Code section. (4) Code Section 45-8-19, relating to jurisdiction to cite defaulting officers, depositories, sureties, for accounting and to issue execution, by replacing "Comptroller General." with "comptroller general." in paragraph (4). (5) Code Section 45-9-80, which is repealed, by designating said Code section as reserved. (6) Code Section 45-9-81, relating to definitions regarding the Georgia State Indemnification Fund for law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, by replacing "Georgia Forestry Commission" with "State Forestry Commission" in subparagraph (B) of paragraph (5) and by replacing "commissioner of juvenile justice of the Department of Juvenile Justice" with "commissioner of juvenile justice" in paragraph (7). (7) Code Section 45-9-101, relating to definitions regarding temporary disability compensation program, by replacing "the Georgia Forestry Commission" with "the State Forestry Commission" in subparagraph (C) of paragraph (3) and by replacing "the commissioner of juvenile justice of the Department of Juvenile Justice" with "the commissioner of juvenile justice" in paragraph (7). (8) Code Section 45-12-21, relating to issuance of warrants for payments from the treasury, by replacing "Comptroller General." with "comptroller general." (9) Code Section 45-12-72, relating to establishment of the Office of Planning and Budget and general provisions, by replacing "Comptroller General," with "comptroller general," in subsection (d).

MONDAY, FEBRUARY 11, 2013

497

(10) Code Section 45-12-75.1, relating to zero-base budgeting, intent, and departmental priority lists regarding management of budgetary and financial affairs under the Office of Planning and Budget, by replacing "The Governor's Office of Planning and Budget" with "the Office of Planning and Budget" three times and by replacing "entity" with "entities" in subsection (b). (11) Code Section 45-13-20, relating to duties of the Secretary of State generally, by replacing "Comptroller General" with "comptroller general" in paragraph (14). (12) Code Section 45-15-7, relating to discretion of Comptroller General as to requirement of services of Attorney General or of district attorneys, by replacing "Comptroller General" with "comptroller general". (13) Code Section 45-18-51, relating to the creation of the Employee Benefit Plan Council, membership, terms of office, and vacancies, compensation and expense reimbursement, officers, executive secretary and staff support, meetings, adoption of procedures, and promulgation of rules and regulations, by replacing "vice-chairperson" with "vice chairperson" in subsection (c). (14) Code Section 45-20-54, relating to disclosure of amounts or designations of authorized charitable deductions, and pressure, coercion, or intimidation of employee with reference to deductions, by replacing "with rules and regulations" with "with the rules and regulations" in subsection (b). (15) Code Section 45-23-8, relating to administrative procedures regarding a drug-free public work force, by replacing "Code Section 45-20-2 and" with "Code Section 45-20-2, and".

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-5-221, relating to definitions regarding the "Competitive Emerging Communications Technologies Act of 2006," by replacing "real time" with "real-time" in paragraph (2). (2) Chapter 6, which is repealed, by designating said chapter as reserved.

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-2-18, relating to the State Board of Equalization and duties, by repealing subsection (g), which refers to an obsolete entity. (2) Code Section 48-5-7.4, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, by replacing "10 acres" with "ten acres" in paragraph (2) of subsection (b), by replacing "the Georgia Forestry Commission," with

498

JOURNAL OF THE HOUSE

"the State Forestry Commission," in subsection (s), and by replacing "this Chapter." with "this chapter." in subsection (z). (3) Code Section 48-5-7.6, relating to "Brownfield property" defined, related definitions, qualifying for preferential assessment, disqualification of property receiving preferential assessment, responsibilities of property owners, transfers of property, costs, appeals, penalty and creation of lien against property, and extension of preferential assessment of brownfield property under certain circumstances, by deleting "and" at the end of subparagraphs (a)(1)(A) and (a)(1)(B); by replacing "subsection (j) below." with "subsection (j) of this Code section." in subparagraph (a)(1)(D); by replacing "the 'Hazardous Sites Reuse and Redevelopment Act,'" with "the 'Georgia Hazardous Site Reuse and Redevelopment Act,'" in paragraph (3) of subsection (a), subparagraphs (a)(4)(A), (a)(4)(B), and (a)(4)(F), and subsection (j); by replacing "subsection (e) below." with "subsection (e) of this Code section." in paragraph (7) of subsection (a); by replacing "Code section 36-62-5.1 or" with "Code section 36-62-5.1, or" in subparagraph (e)(1)(B); by deleting "or" at the end of subparagraph (e)(1)(C); by replacing "subparagraph (C) of this subsection," with "subparagraph (C) of paragraph (1) of this subsection," in paragraph (2) of subsection (e); by inserting "and" at the end of subparagraph (f)(1)(D); by replacing "under this subsection" with "under this Code section" in subsection (m); and by revising subsection (h) as follows:
"(h)(1) A qualified brownfield property may be subdivided into smaller parcels and continue to receive preferential tax treatment if:
(1)(A) All of the requirements of subsection (g) above of this Code section are met; and (2)(B) The transferee and transferor agree and jointly submit to the local taxing authority a sworn affidavit stating the eligible brownfield costs being transferred to the subdivided property, to wit:
(A)(i) A transferor's report to the local taxing authority shall include: (i)(I) The total certified eligible brownfield costs for the qualified brownfield property; (ii)(II) The tax savings realized to date; (iii)(III) The eligible brownfield costs being transferred; (iv)(IV) The number of years of preferential tax treatment pursuant to this Code section has been received; (v)(V) The eligible brownfield costs remaining; and (vi)(VI) A request to establish the taxable base of the transferred property and reestablish the taxable base for the retained property pursuant to paragraph (3) below. (2) of this subsection;
(B)(ii) Failure to file a sworn affidavit with one local taxing authority shall not affect any sworn affidavit submitted to any other local taxing authority.; (C)(iii) A transferee's first report to the local taxing authority shall include:
(i)(I) A statement of the amount of the transferred eligible brownfield costs; (ii)(II) The number of years of preferential tax treatment the property received prior to transfer (carry over from transferor); and

MONDAY, FEBRUARY 11, 2013

499

(iii)(II) A request to establish a taxable base for the property pursuant to paragraph (3) below. (2) of this subsection; and (D)(iv) Subsequent reports made by a transferee shall include the same information provided by property owners in paragraph (1) of subsection (f) of this Code section. (3)(2) The taxable base for the subdivided property shall be established by the local taxing authority based on the ratio of acres purchased to total acres at the time of the establishment of the taxable base for the entire qualified brownfield property. Such Said ratio shall be applied to the taxable base as recorded in the county tax digest at the time the application was received by the Environmental Protection Division for participation in the Georgia Hazardous Site Reuse and Redevelopment Program. The taxable base on the retained qualified brownfield property shall be decreased by the amount of taxable base assigned to the subdivided portion of the property. (4)(3) The subdivision of property shall not restart, reset, or otherwise lengthen the period of preferential tax treatment pursuant to this Code section." (4) Code Section 48-5-100.1, which is reserved, by designating said Code section as repealed. (5) Code Section 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report regarding the fair market value of motor vehicles, by replacing "paragraph (92)" with "paragraph (95)" in subparagraph (b)(1)(A), by replacing "10 days" with "ten days" in subparagraph (b)(1)(E), and by replacing "of Title 48" with "of this title" each time the term appears throughout said Code section. (6) Code Section 48-7-6, relating to license or registration extensions for National Guard members and reservists on active duty, by replacing "national guard" with "National Guard" in subsections (a) and (b). (7) Code Section 48-7-27, relating to the computation of taxable net income, by replacing the period with a semicolon at the end of subparagraph (a)(12)(B) and at the end of division (a)(12.1)(B)(iv). (8) Code Section 48-7-28.4, relating to adjustments to taxes, disallowing expenses paid to certain real estate investment trusts, and procedures, conditions, and limitations, by revising paragraphs (1) and (2) of subsection (a), subsection (c), and subparagraph (e)(1)(A) as follows: "(1) 'Association taxable as a corporation', for purposes of paragraph (2) of this subsection, does not include: (A) A real estate investment trust as defined in this Code section, other than a 'captive real estate investment trust'; (B) Any qualified real estate investment trust subsidiary under Section 856(i) of the Internal Revenue Code of 1986, as amended, other than a qualified REIT subsidiary of a 'captive real estate investment trust'; (C) Any Listed Australian Property Trust, meaning an Australian unit trust registered as a 'Managed Investment Scheme' under the Australian Corporations Act in which the principal class of units is listed on a recognized stock exchange in

500

JOURNAL OF THE HOUSE

Australia and is regularly traded on an established securities market, or an entity organized as a trust, provided that a Listed Australian Property Trust owns or controls, directly or indirectly, 75 percent or more of the voting power or value of the beneficial interests or shares of such trust; or (D) Any qualified foreign entity, meaning a corporation, trust, association or partnership organized outside the laws of the United States and which satisfies the following criteria:
(i) At least 75 percent of the entity's total asset value at the close of its taxable year is represented by real estate assets, as defined at Section 856(c)(5)(B) of the Internal Revenue Code of 1986, as amended, thereby including shares or certificates of beneficial interest in any real estate investment trust, cash and cash equivalents, and U.S. Government United States government securities; (ii) The entity is not subject to tax on amounts distributed to its beneficial owners, or is exempt from entity-level taxation; (iii) The entity distributes at least 85 percent of its taxable income, as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest on an annual basis; (iv) Not more than 10 percent of the voting power or value in such entity is held directly or indirectly or constructively by a single entity or individual, or the shares or beneficial interests of such entity are regularly traded on an established securities market; and (v) The entity is organized in a country which has a tax treaty with the United States. (2) 'Captive real estate investment trust' means any real estate investment trust the shares or beneficial interests of which are not regularly traded on an established securities market, and more than 50 percent of the voting power or value of the shares or beneficial interests or shares of which are owned or controlled, directly or indirectly, or constructively, by a single entity that is: (A) Treated as an association taxable as a corporation under the Internal Revenue Code of 1986, as amended; and (B) Not exempt from federal income tax pursuant to the provisions of Section 501(a) of the Internal Revenue Code of 1986, as amended." "(c) The amount of the adjustment required by subsection (b) of this Code section shall be reduced, but not below zero, to the extent the corresponding expenses and costs received as income by the captive real estate investment trust are reduced by expenses paid, accrued, or incurred to persons that are not related members, and such expenses shall be allowed in computing the captive real estate investment trust's federal taxable income." "(A) 'Allocated or apportioned, or both' does not mean the amount of income that is subject to allocation or apportionment, or both. Rather it means the amount of income that is arrived at after applying the allocation and apportionment rules of a state as defined in subparagraph (B) of this paragraph. A tax or the portion of a tax, which is or would be imposed regardless of the amount of the income, shall not be

MONDAY, FEBRUARY 11, 2013

501

considered to be a tax on or measured by the income of the captive real estate investment trust. The term shall not mean the amount of income that is subject to allocation or apportionment, or both." (9) Code Section 48-7-29.12, relating to tax credit for qualified donation of real property, carryover of credit, appraisals, transfer of credit, and penalty, by replacing "Code Section 48-7-20 or Code Section 48-7-21" with "Code Section 48-7-20 or 48-7-21" in paragraph (1) of subsection (b). (10) Code Section 48-7-29.14, relating to income tax credit for clean energy property, by replacing "Georgia Forestry Commission" with "State Forestry Commission" twice in paragraph (2) of subsection (b) and by replacing "single family residential" with "singlefamily residential" in the introductory language of subparagraphs (b)(5)(A) and (b)(5)(B). (11) Code Section 48-7-38, relating to deduction for payments to minority subcontractors and certification as a minority business enterprise regarding income tax imposition, rate, and computation and exemptions, by replacing "minority contractor" with "minority subcontractor" in paragraph (3) of subsection (b). (12) Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, by replacing "the areas which are comprised of" with "the areas composed of" in the introductory language of subsection (b) and by replacing "area comprised of" with "area composed of" in paragraphs (1), (2), and (3) of subsection (c). (13) Code Section 48-7-40.15A, relating to additional job tax credit based on increase in port traffic and conditions and limitations, by replacing "tier two or tier three county" with "tier 2 or tier 3 county" in paragraph (2) of subsection (a), by replacing "8 retail stores" with "eight retail stores" in subparagraph (a)(2)(C), by replacing "Code Sections 48-7-40 and 48-7-40.2 or 48-7-40.7" with "Code Sections 48-7-40 and 48-7-40.2 or Code Section 48-7-40.7" in the introductory paragraph of paragraph (2) of subsection (d), and by replacing "was determined;" with "were determined;" in subparagraph (d)(2)(A). (14) Code Section 48-7-40.21, relating to tax credits for existing business enterprises undergoing qualified business expansion, recapture, and application of credit, by replacing "516, Internet publishing and broadcasting;" with "519, Internet publishing and broadcasting;" in paragraph (1) of subsection (a). (15) Code Section 48-7-40.22, relating to credit to business enterprises for leased motor vehicles, daily ridership, and implementation, by replacing "516, Internet publishing and broadcasting;" with "519, Internet publishing and broadcasting;" in paragraph (1) of subsection (a). (16) Code Section 48-7-40.24, relating to the conditions for taking a job tax credit by business enterprises and calculating credit, by replacing "this Code Section," with "this Code section," in subsection (n). (17) Code Section 48-7-40.26, relating to tax credit for film, video, or digital production in state, by replacing "Article 5 of Chapter 7 and the commissioner" with "Article 5 of Chapter 7 of this title and the commissioner" in the last sentence of paragraph (5) of subsection (b) and by replacing "evaluated by the Georgia Department of Economic Development" with "evaluated by the Department of Economic Development" in subparagraph (c)(2)(A).

502

JOURNAL OF THE HOUSE

(18) Code Section 48-7-40.29, relating to income tax credits for certain qualified equipment that reduces business or domestic energy or water usage, by replacing "commissioner of natural resources, may take" with "commissioner of natural resources may take" in subsection (b) and by replacing "under this Code section." with "under this Code section;" at the end of paragraph (1) of subsection (d). (19) Code Section 48-7-40.30, relating to an income tax credit for certain qualified investments for a limited period of time, by replacing "benefitted" with "benefited" in subparagraph (b)(6)(C) and by replacing "to engage as one of its primary purposes such activity." with "to engage in such activity as one of its primary purposes." in the undesignated text at the end of paragraph (6). (20) Code Section 48-8-2, relating to definitions relative to state sales and use tax, by replacing "'Alcoholic Beverages'" with "'Alcoholic beverages'" in paragraph (1); by redesignating current paragraph (26) as new paragraph (28.1) and reserving the paragraph (26) designation so as to put definitions in alphabetical order; by replacing "form, code or protocol of the content for purposes of transmission, conveyance or routing" with "form, code, or protocol of the content for purposes of transmission, conveyance, or routing" in the introductory language of paragraph (39); by replacing "transmission, conveyance and routing" with "transmission, conveyance, and routing", "47 USC 522(6)" with "47 U.S.C. Section 522(6)", and "47 CFR 20.3;" with "47 C.F.R. Section 20.3;" in subparagraph (G) of paragraph (39); by deleting the quotation marks around "telecommunications service" in paragraph (5), "dealer" in subparagraph (N) of paragraph (8), "food and food ingredients,", "dietary supplements,", and "alcoholic beverages" in paragraph (14), "mobility enhancing equipment," in paragraph (15), "durable medical equipment," in paragraph (20), "telecommunications services," in paragraph (22), "telecommunications service", "mobile wireless service", "delivered electronically,", and "ancillary services," in paragraph (25), and "telecommunications service" in paragraph (38); and by revising paragraphs (2) and (3) as follows:
"(2) 'Ancillary services' means services that are associated with or incidental to the provision of 'telecommunications services,' including but not limited to 'detailed telecommunications billing service,' 'directory assistance,' 'vertical service,' and 'voice mail services.'
(3)(A) 'Bundled transaction' means the retail sale of two or more products, except real property and services to real property, where the products are otherwise distinct and identifiable and the products are sold for one nonitemized price. A 'bundled transaction' does not include the sale of any products in which the 'sales price' varies, or is negotiable, based on the selection by the purchaser of the products included in the transaction. (A)(B) As used in this paragraph, the term 'distinct and identifiable products' 'Distinct and identifiable products' shall not include:
(i) Packaging such as containers, boxes, sacks, bags, and bottles or other materials such as wrapping, labels, tags, and instruction guides, that accompanies the 'retail sale' of the products and are incidental or immaterial to the 'retail sale' thereof. Examples of packaging that are incidental or immaterial include grocery sacks,

MONDAY, FEBRUARY 11, 2013

503

shoe boxes, dry cleaning garment bags, and express delivery envelopes and boxes.; (ii) A product provided free of charge with the required purchase of another product. A product is 'provided free of charge' if the 'sales price' of the product purchased does not vary depending on the inclusion of the product 'provided free of charge.'; or (iii) Items included in the 'sales price.' (B)(C) As used in this paragraph, the The term 'one nonitemized price' shall not include a price that is separately identified by product on binding sales or other supporting sales related documentation made available to the customer in paper or electronic form including, but not limited to, an invoice, bill of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or price list. (C)(D) A transaction that otherwise meets the definition of a 'bundled transaction' as defined above, is not as provided under this paragraph shall not be a 'bundled transaction' if it such transaction is: (i) The 'retail sale' of tangible personal property and a service where the tangible personal property is essential to the use of the service, and is provided exclusively in connection with the service, and the true object of the transaction is the service; (ii) The 'retail sale' of services where one service is provided that is essential to the use or receipt of a second service, and the first service is provided exclusively in connection with the second service, and the true object of the transaction is the second service;
(iii)(I) A transaction that includes taxable products and nontaxable products and the 'purchase price' or 'sales price' of the taxable products is de minimis. As used in this subparagraph, the term, 'de minimis' means the seller's 'purchase price' or 'sales price' of the taxable product is 10 percent or less of the total 'purchase price' or 'sales price' of the bundled products. (II) Sellers shall use either the 'purchase price' or the 'sales price' of the products to determine if the taxable products are de minimis. Sellers may not use a combination of the 'purchase price' and 'sales price' of the products to determine if the taxable products are de minimis. (III) Sellers shall use the full term of a service contract to determine if the taxable products are de minimis; or (iv) The 'retail sale' of exempt tangible personal property and taxable tangible personal property where: (I) The transaction includes 'food and food ingredients,' 'drugs,' 'durable medical equipment,' 'mobility enhancing equipment,' 'over-the-counter drugs,' or 'prosthetic devices'; and (II) The seller's 'purchase price' or 'sales price' of the taxable tangible personal property is 50 percent or less of the total 'purchase price' or 'sales price' of the bundled tangible personal property. Sellers may not use a combination of the

504

JOURNAL OF THE HOUSE

'purchase price' and 'sales price' of the tangible personal property when making the 50 percent determination for a transaction." (21) Code Section 48-8-3, relating to exemptions regarding sales and use tax, by replacing "Act of 1965; by or pursuant to" with "Act of 1965; or by or pursuant to" in division (57)(D)(ii), by replacing "which are used" with "which is used" in subparagraph (A) of paragraph (57.2) and subparagraph (A) of paragraph (57.3), by replacing "May 5, 2004 until" with "May 5, 2004, until" in subparagraph (A) of paragraph (78), by replacing "May 17, 2004 until" with "May 17, 2004, until" in subparagraph (A) of paragraph (80), and by designating currently repealed paragraph (85) as reserved. (22) Code Section 48-8-30, relating to imposition of tax, rate, and collection regarding state sales and use tax, by replacing "is a dealer, as defined in Code Section 48-8-2 and" with "is a dealer, as defined in Code Section 48-8-2, and" in paragraph (1) of subsection (c.1) and twice in paragraph (1) of subsection (e.1). (23) Code Section 48-8-69, relating to purchases from printed catalogs and local jurisdiction boundary changes in regard to the imposition, rate, collection, and assessment of state sales and use tax, by replacing "catalogs" with "catalogues" and "catalog" with "catalogue" in subsection (a). (24) Code Section 48-8-70, relating to determination of ZIP Code designation applicable to particular purchases and rebuttable presumption of seller's due diligence, by replacing "ZIP code" with "ZIP Code" each time the term appears and by replacing "nine digit" with "nine-digit". (25) Code Section 48-8-72, relating to over-collected state sales or use tax, by replacing "business practice, if in the" with "business practice if, in the" in subsection (b). (26) Code Section 48-8-77, relating to sourcing, definitions, sales of "advertising and promotional direct mail" and "other direct mail" and sales of telecommunication service, by deleting the quotation marks around "advertising and promotional direct mail" each time the term appears in subsection (d) except in subparagraph (d)(3)(A); by deleting the quotation marks around "direct mail" each time the term appears in subsection (d); by deleting the quotation marks around "other direct mail" each time the term appears in subsection (d) except in subparagraph (d)(3)(B); by replacing "obligations to collect, pay or remit any tax on any transaction involving 'other direct mail' to which the permit, certificate, or statement apply." with "obligations to collect, pay, or remit any tax on any transaction involving other direct mail to which the permit, certificate, or statement applies." in subparagraph (d)(2)(C); by replacing "a product transferred electronically or a service." with "a product transferred electronically, or a service." in division (d)(3)(A)(ii); by deleting the quotation marks around "bundled transaction" in subparagraph (d)(4)(B); by replacing the comma with a semicolon at the end of division (d)(4)(C)(i); by replacing "telecommunication services" and "telecommunication service" with "telecommunications service" each time the terms appear in subsection (e); by replacing "call-by-call basis, is sourced" with "call-by-call basis shall be sourced" in paragraph (2) of subsection (e); and by replacing "of this Code Section" with "of this Code section" in paragraph (3) of subsection (e).

MONDAY, FEBRUARY 11, 2013

505

(27) Code Section 48-8-89.1, relating to the procedure for certifying additional qualified municipalities, issuance of new distribution certificate, and cessation of authority to collect tax ceases upon failure to file new certificate, by replacing "district is located each" with "district is located, each" in the introductory language of paragraph (4) of subsection (f). (28) Code Section 48-8-90, relating to crediting of tax paid by purchaser in another tax jurisdiction, payment of difference between lesser similar tax payment and tax imposed by article, proof of payment, and limitation on credit, by replacing "coterminous" with "conterminous" in the last sentence. (29) Code Section 48-8-111.1, relating to application of article to consolidated government regarding county special purpose local option sales tax, by replacing "this article" with "this part" in subsections (a), (b), and (d). (30) Code Section 48-8-113, relating to administration and collection by state revenue commissioner, application, and deduction to dealers, by replacing "this article" with "this part". (31) Code Section 48-8-114, relating to sales tax return requirements regarding county special purpose local option sales tax, by replacing "this article" with "this part" each time the term appears. (32) Code Section 48-8-116, relating to tax credits regarding county special purpose local option sales tax, by replacing "this article" with "this part" each time the term appears. (33) Code Section 48-8-117, relating to inapplicability of tax to certain sales of tangible personal property outside taxing county, by replacing "this article" with "this part" each time the term appears. (34) Code Section 48-8-118, relating to the definition of building and construction materials and inapplicability of tax to certain sales or uses of building and construction materials, by replacing "this article" with "this part" in subsection (b). (35) Code Section 48-8-119, relating promulgation of rules and regulations by the state revenue commissioner, by replacing "this article." with "this part." (36) Code Section 48-8-161, relating to definitions relative to the "Uniform Sales and Use Tax Administration Act," by replacing "seller registered" with "a seller registered" and "five hundred million dollars," with "$500 million," in paragraph (7) and by revising paragraph (8) as follows:
"(8) 'Model 4 seller' means a seller that is not a 'Model 1 seller', a 'Model 2 seller', or a 'Model 3 seller.'" (37) Code Section 48-8-241, relating to the creation of special districts and tax rates regarding special district transportation sales and use tax, by replacing "coterminous" with "conterminous" in subsection (a). (38) Code Section 48-8-249, relating to the use of proceeds within special district exclusively for projects on approved investment list and contracts, by replacing "coterminous" with "conterminous" in subsection (e). (39) Code Section 48-9-10.1, relating to refunds of sales and use taxes to credit card issuers, by replacing "under Chapter 8 of Title 48," with "under Chapter 8 of this title," in

506

JOURNAL OF THE HOUSE

subsection (a), by deleting the quotation marks around "motor fuel" and "highway use" and by replacing "tax-exempt entity," with "tax-exempt entity" in subsection (b), and by replacing "registered with Internal Revenue Service" with "registered with the Internal Revenue Service", "tax-exempt entity who" with "tax-exempt entity that", and "dealer to the allowance" with "dealer for the allowance" in subsection (c). (40) Code Section 48-11-4, relating to licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation, registration and inspection of vending machines, bond by distributor, jurisdiction, and licensing of promotional activities, by replacing "or distributor's or dealer's license" with "distributor's, or dealer's license" in the first sentence of subsection (c), by designating the introductory language of subsection (c) as paragraph (1) of subsection (c), and by redesignating current paragraphs (1) through (3) as new paragraphs (2) through (4) of subsection (c), respectively. (41) 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, by deleting "Georgia" twice in paragraph (1) of subsection (a). (42) Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, by replacing "this paragraph (3)", "this paragraph (3.1)", "this paragraph (3.2)", "this paragraph (3.3)", "this paragraph (3.5)", "this paragraph (4)", "this paragraph (4.1)", "this paragraph (4.2)", "this paragraph (4.3)", "this paragraph (4.4)", "this paragraph (4.5)", "this paragraph (4.6)","this paragraph (5)", and "this paragraph (5.1)" with "this paragraph" each time those terms appear in subsection (a) and by replacing "this subsection (a)" with "this subsection" in subparagraph (a)(5)(B). (43) Code Section 48-17-1, relating to definitions regarding coin operated amusement machines, by replacing "subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) of Code Section 16-12-35" with "subparagraphs (d)(1)(A) through (d)(1)(D) of Code Section 1612-35" in paragraph (7.1) and by redesignating current paragraph (8) as new paragraph (9) and by redesignating current paragraph (9) as new paragraph (8), arranging said paragraphs in alphabetical order. (44) Code Section 48-17-4, relating to the refusal to issue or renew license, revocation or suspension, and hearing regarding coin operated amusement machines, by replacing "A licensee or applicant that allows" with "A licensee or applicant allows" in the introductory language of paragraph (4) of subsection (c).
SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-4-152.2, relating to rebates for sole-source and multiple-source drugs included in the Controlled Medical Assistance Drug List, by replacing "coterminous" with "conterminous" in subsection (b). (2) Code Section 49-4-168, relating to definitions regarding the "State False Medicaid Claims Act," by replacing "requires no proof" with "require no proof" and "means that a person" with "mean that a person" in the introductory language of paragraph (2).

MONDAY, FEBRUARY 11, 2013

507

(3) Code Section 49-4-168.2, relating to the role of the Attorney General in pursuing cases, civil actions by private persons, special procedures for civil actions by private persons, limitation on participation by private person, stay of discovery, and receipt of proceeds from civil judgment by private person and Indigent Care Trust Fund, by replacing "the Georgia Department of Community Health," with "the Department of Community Health," in paragraphs (1) and (2) of subsection (i). (4) Code Section 49-4A-8, relating to commitment of delinquent or unruly children, procedure, cost, return of mentally ill or retarded children, escapees, discharge, evidence of commitment, records, and restitution, by replacing "Records as may be maintained" with "Records maintained" in paragraph (2) of subsection (d), by replacing "As long as a good faith attempt" with "So long as a good faith attempt" in paragraphs (2) and (4) of subsection (e.1), and by replacing "to serve criminal process, upon a written request" with "to serve criminal process upon a written request" and "the written request mentioned above must" with "such written request must" in paragraph (1) of subsection (i). (5) Code Section 49-5-1, relating to the "Children and Youth Act," by replacing "The short title of this article shall be the 'Children and Youth Act.'" with "This article shall be known and may be cited as the 'Children and Youth Act.'" (6) Code Section 49-5-60, relating to definitions regarding employees' records checks for day-care centers, by replacing "relating to criminal attempt when the crime" with "relating to criminal attempt, when the crime" in paragraph (3). (7) Code Section 49-5-110, relating to definitions regarding records checks for persons supervising children, by replacing "relating to criminal attempt as it concerns" with "relating to criminal attempt, as it concerns" in paragraph (2). (8) Code Section 49-5-130, relating to legislative findings and intent regarding the Governor's Office for Children and Families, by replacing "preventative" with "preventive" in paragraph (3). (9) Code Section 49-5-132, relating to the establishment of the Governor's Office for Children and Families, funding, and duties and responsibilities, by replacing "Governor's Office of Planning and Budget" with "Office of Planning and Budget" in subsection (a). (10) Code Section 49-6-62, relating to the establishment of community care unit, provision of services, annual service plan, implementation plan, annual progress report, fees and contributions, and funding regarding community care and services for the elderly, by replacing "House Health and Human Services Committee," with "House Committee on Health and Human Services," in subsection (g). (11) Code Section 49-6-72, relating to definitions regarding the "Georgia Family Caregiver Support Act," by replacing "a person 18 years or older" with "a person 18 years of age or older" in paragraph (1). (12) Code Section 49-9-4, relating to the creation of the Georgia Vocational Rehabilitation Agency and function, by replacing "public or private source, shall" with "public or private source shall" in subsection (d) and by replacing "transferred employees, the compensation" with "transferred employees; the compensation" in subsection (g).

508

JOURNAL OF THE HOUSE

(13) Code Section 49-9-5, relating to provision of services to persons with disabilities, by replacing "under the Randolph-Sheppard Act (20 U.S. Code, Section 107b)(49 Stat. 1559)" with "under the Randolph-Sheppard Act, 20 U.S.C. Section 107(b)," in subparagraph (C) of paragraph (4).
SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Code Section 50-5-58, relating to cases where purchases through the Department of Administrative Services not mandatory, by replacing "of this clause" with "of this paragraph" in paragraph (2) of subsection (a) and by replacing "to report same" with "to report the same" in subsection (b). (2) Code Section 50-5-133, relating to fraud in certification process, penalty, and effect of multiple violations regarding minority business enterprise development, by replacing "obtain or retain, certification" with "obtain or retain certification" in paragraph (1) of subsection (a) and by replacing "attempting to obtain, public moneys" with "attempting to obtain public moneys" in paragraph (4) of subsection (a). (3) Code Section 50-5-135, relating to the creation of the State Use Council, membership, terms, appointments, compensation, and existence, by replacing "the eleven members" with "the 11 members" in subsection (b). (4) Code Section 50-5-136, relating to the powers and authority of the State Use Council, by replacing "in all cases, however, they" with "in all cases; however, they" in paragraph (1) of subsection (b). (5) Code Section 50-5A-7, relating to duties of the Office of the State Treasurer generally and investments through the treasurer, by replacing "Comptroller General" with "comptroller general" and "Comptroller General's" with "comptroller general's" in paragraph (1) of subsection (a). (6) Code Section 50-5B-20, relating to the office of the Comptroller General and duties, by replacing "Comptroller General" with "comptroller general" each time the term appears. (7) Code Section 50-5B-21, relating to the deputy comptroller general, by replacing "Comptroller General" with "comptroller general" each time the term appears. (8) Code Section 50-5B-22, relating to a bound book detailing annual appropriations, by replacing "Comptroller General" with "comptroller general". (9) Code Section 50-5B-23, relating to annual reporting by the Comptroller General, by replacing "Comptroller General" with "comptroller general". (10) Code Section 50-5B-24, relating to the official seal of the Comptroller General, by replacing "Comptroller General" with "comptroller general". (11) Code Section 50-6-20, relating to the state auditor's salary, expenses, duties, and bond, by replacing "Comptroller General," with "comptroller general,". (12) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rule, and

MONDAY, FEBRUARY 11, 2013

509

legislative override, by replacing "House Committee on Industrial Relations" with "House Committee on Industry and Labor" in subsection (h). (13) Code Section 50-13A-16, relating to small claims division established, jurisdiction, representation, hearings, and finality of decisions regarding tax tribunals, by replacing "pursuant to the Code Section 50-13A-9," with "pursuant to Code Section 50-13A-9," in subsection (c). (14) Code Section 50-16-3.1, relating to state authorities prohibited from selling real property and exceptions, by deleting paragraph (1) which has an obsolete reference to "The Georgia Building Authority (Hospital) provided for in Article 2 of Chapter 7 of Title 31;" and by redesignating current paragraphs (2) and (3) as new paragraphs (1) and (2), respectively, in subsection (a). (15) Code Section 50-16-34, relating to powers and duties of the State Properties Commission generally, by replacing "State Institutions and Property Committee of the House" with "House Committee on State Properties" in division (12)(B)(v). (16) Code Section 50-16-41, relating to rental agreements without competitive bidding, limitations, managing administrative space of state agencies, utilization of administrative space, reassignment of administrative space, and rules and regulations, by replacing "House Committee on State Institutions and Property" with "House Committee on State Properties" in subsection (j). (17) Code Section 50-17-21, relating to definitions regarding state financing and investment, by deleting obsolete reference "Georgia Building Authority (Hospital)," in paragraph (9). (18) Code Section 50-18-71, relating to the right of access, timing, fees, denial of requests, and impact of electronic records regarding inspection of public records, by replacing "pursuant to this paragraph" with "pursuant to this subsection" in subsection (d). (19) Code Section 50-18-72, relating to when public disclosure is not required regarding inspection of public records, by replacing "information of a proprietary nature, produced or collected" with "information of a proprietary nature produced or collected" in paragraph (35) of subsection (a). (20) Code Section 50-20-2, relating to definitions relative to nonprofit contractors, by replacing "Comptroller General" with "comptroller general" in paragraph (4). (21) Chapter 28, which is repealed, by designating said chapter as reserved. (22) Code Section 50-32-4, relating to membership, terms, appointment, expenses, removal, applicability of Chapter 10 of Title 45, meetings, voting, and assignment regarding the Georgia Regional Transportation Authority, by replacing "Governor of the State of Georgia" with "Governor" and "to the contrary notwithstanding; except" with "to the contrary notwithstanding, except" in subsection (a) and by replacing "as prescribed in the bylaws, and such notice" with "as prescribed in the bylaws and such notice" in subsection (f). (23) Code Section 50-32-11, relating to powers of the Georgia Regional Transportation Authority generally, by replacing "of the authority and such state agencies" with "of the authority, and such state agencies" in paragraph (21) of subsection (a), by replacing "joint

510

JOURNAL OF THE HOUSE

agencies thereof and such state agencies," with "joint agencies thereof, and such state agencies" and "act in conjunction, and to enter" with "act in conjunction and to enter" in paragraph (26), and by replacing "metropolitan planning organization, and is in compliance" with "metropolitan planning organization and is in compliance" in paragraph (38) of subsection (a). (24) Code Section 50-32-15, relating to the issuance of bonds regarding jurisdiction of the Georgia Regional Transportation Authority, by replacing "State Toll Road Authority," with "State Road and Tollway Authority," in subsection (c). (25) Chapter 33, which is repealed, by designating said chapter as reserved.

Reserved.

SECTION 51.

Reserved.

SECTION 52.

Reserved.

SECTION 53.

SECTION 54. (a) Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 2012 supplements to the Official Code of Georgia Annotated published under authority of the state in 2012 by LEXIS Publishing, are ratified and reenacted, and such text, numbers, and designations shall have the effect of statutes enacted by the General Assembly of Georgia except as otherwise provided by subsection (b) of this section and subsection (c) of Code Section 28-9-5. (b) Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by

MONDAY, FEBRUARY 11, 2013

511

the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. (c) The reenactment of the statutory portion of the Official Code of Georgia Annotated by subsection (a) of this section shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. (d) For purposes of publishing volumes, replacement volumes, and supplements to the Official Code of Georgia Annotated pursuant to Chapter 9 of Title 28: legislation enacted at the same session of the General Assembly and amending the same statutory provision shall be considered in pari materia, and full effect shall be given to each if that is possible; Acts enacted during the same session shall be treated as conflicting with each other only to the extent that they cannot be given effect simultaneously; in the event of such a conflict, the latest enactment, as determined by the order in which bills became law with or without the approval of the Governor, shall control to the extent of the conflict unless the latest enactment contains a provision expressly ceding control in such an event; and language carried forward unchanged in one amendatory Act shall not be read as conflicting with changed language contained in another Act passed during the same session. (e) The provisions contained in Sections 1 through 53 of this Act and in the other Acts enacted at the 2013 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated ratified and reenacted by subsection (a) of this section. (f) In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2013 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.
SECTION 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; except that: (1) The amendment made by paragraph (4) of Section 16 of this Act shall be effective July 1, 2013, through June 30, 2014; (2) The amendment made by paragraph (5) of Section 16 of this Act shall become effective July 1, 2014; (3) The amendment made by paragraph (4) of Section 26 of this Act shall become effective only when funds are specifically appropriated for purposes of Ga. L. 2007, p. 463, in an Appropriations Act making specific reference to such Act; and (4) The amendment made by paragraph (18) of Section 48 of this Act shall become effective on January 1 of the year following the year in which federal funds are made available for the purpose of funding the credit provided by Ga. L. 2010, p. 1163, Section

512

JOURNAL OF THE HOUSE

1 and in which the state auditor certifies in writing to the commissioner of natural resources and the state revenue commissioner that such funds have been received, have been deposited in the general fund, and are available for purposes of Ga. L. 2010, p. 1163, Section 1.

SECTION 56. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway
Brooks Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan E Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

MONDAY, FEBRUARY 11, 2013

513

On the passage of the Bill, by substitute, the ayes were 160, nays 3.

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

HB 116. By Representatives Dickson of the 6th, Coleman of the 97th, Lindsey of the 54th and Casas of the 107th:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the state board to transfer donations, gifts, and other property held in trust to the Georgia Foundation for Public Education for management and administration; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks
Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan E Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey

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

E Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B
VACANT VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard

514

JOURNAL OF THE HOUSE

Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Williams, A Y Williams, C Y Williams, E 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.

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

HR 282. By Representatives Sims of the 123rd, Harbin of the 122nd and Fleming of the 121st:

A RESOLUTION congratulating the Augusta Christian Schools varsity football team on their record-breaking season and inviting them to be recognized by the House of Representatives; and for other purposes.

HR 283. By Representatives Sims of the 123rd, Harbin of the 122nd and Fleming of the 121st:

A RESOLUTION congratulating the Augusta Christian Schools Varsity Competition Cheerleading Team on winning the 2012 South Carolina Independent School Association (SCISA) Class AAA State Competition Cheerleading Championship and inviting them to be recognized by the House of Representatives; and for other purposes.

HR 284. By Representatives Rogers of the 29th, Casas of the 107th, Carter of the 175th, Ehrhart of the 36th and Dempsey of the 13th:

A RESOLUTION recognizing and commending Jean-Yves Vendeville and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 285. By Representatives Jordan of the 77th, Stephens of the 165th, Randall of the 142nd, Bennett of the 94th, Hugley of the 136th and others:

A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters, inviting the Georgia District Director and representatives of Alpha Phi Alpha Fraternity, Inc., to be recognized by the

MONDAY, FEBRUARY 11, 2013

515

House of Representatives, and recognizing February 21, 2013, as Alpha Phi Alpha Day at the state capitol; and for other purposes.
HR 286. By Representatives Parrish of the 158th, Gardner of the 57th, Channell of the 120th, Sheldon of the 104th, Stephens of the 164th and others:
A RESOLUTION recognizing February 14, 2013, as "Community Health Centers Day" and inviting the leadership of the Georgia Association for Primary Health Care to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 193. By Representatives Smyre of the 135th, Epps of the 132nd, Murphy of the 127th, Dukes of the 154th and Smith of the 125th:
A RESOLUTION recognizing February 12, 2013, as the fifth annual Omega Psi Phi Fraternity, Inc., Day at the capitol and inviting the brothers and thereby the fraternity to be recognized by the House of Representatives; and for other purposes.
HR 194. By Representatives Coomer of the 14th, Evans of the 42nd, Gregory of the 34th, Watson of the 166th and Teasley of the 37th:
A RESOLUTION honoring Dr. Kelland Keith Jeffords 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 287. By Representative Hill of the 22nd:
A RESOLUTION recognizing February 23, 2013, as Rotary Day in Georgia; and for other purposes.
HR 288. By Representatives Sims of the 123rd, Howard of the 124th, Smyre of the 135th, Frazier of the 126th, Smith of the 125th and others:
A RESOLUTION honoring the life and memory of Speaker Pro Tempore Atticus Jerome "Jack" Connell, Jr.; and for other purposes.
HR 289. By Representatives Brooks of the 55th, Gardner of the 57th, Lindsey of the 54th, Abrams of the 89th, Oliver of the 82nd and others:

516

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Mr. Emory McClinton; and for other purposes.
HR 290. By Representatives Coomer of the 14th, Battles of the 15th and Kelley of the 16th:
A RESOLUTION recognizing and commending Reverend Michael Abernathy for his superior efforts during a natural disaster; and for other purposes.
HR 291. By Representatives Coomer of the 14th, Battles of the 15th and Kelley of the 16th:
A RESOLUTION recognizing and commending Reverend Kenneth H. Coomer, Jr., for his superior efforts during a natural disaster; and for other purposes.
HR 292. By Representatives Coomer of the 14th and Battles of the 15th:
A RESOLUTION recognizing and commending Associational Missionary David B. Franklin for his superior efforts during a natural disaster; and for other purposes.
HR 293. By Representatives Holt of the 112th, Rutledge of the 109th, Dickerson of the 113th and Welch of the 110th:
A RESOLUTION recognizing and commending Mansfield Elementary School Principal G.W. Davis on the occasion of his retirement; and for other purposes.
HR 294. By Representatives Morris of the 156th, Parrish of the 158th and Hatchett of the 150th:
A RESOLUTION honoring the life and memory of Representative Hugh Marion Gillis, Sr.; and for other purposes.
HR 295. By Representatives Morris of the 156th, Jones of the 47th, O`Neal of the 146th and Sheldon of the 104th:
A RESOLUTION honoring the life and memory of Mrs. Mary Baker Black Rice; and for other purposes.

MONDAY, FEBRUARY 11, 2013

517

HR 296. By Representatives Stephens of the 164th, Broadrick of the 4th, Parrish of the 158th and Harden of the 148th:
A RESOLUTION recognizing February 14, 2013, as Pharmacy Day at the state capitol and commending the Georgia Pharmacy Association and its members for 138 years of service to the patients of Georgia; and for other purposes.
Representative Jacobs of the 80th moved that the following Bill of the House be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Transportation:
HB 264. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, 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 extensively revise such Act; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Jacobs of the 80th moved that the following Bill of the House be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Transportation:
HB 265. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, 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 motion prevailed.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

518

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Tuesday, February 12, 2013

Sixteenth Legislative Day

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

The following communications were received:

The State of Georgia Office of Secretary of State

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached pages list the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 5th day of February 2013, in District 21 for State Representative in Cherokee County to fill the vacancy created by the Honorable Sean Jerguson.

Having received the majority of the votes cast, Scot Turner was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 11th day of February, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh.

(SEAL)

/s/ Brian P. Kemp Secretary of State

Georgia Secretary of State Election Report

Special Election Runoff Official Result

TUESDAY, FEBRUARY 12, 2013

519

February 5, 2013 Special Election Runoff

State Representative, District 21

CHEROKEE Total:

BRIAN LAURENS (R) SCOT TURNER (R) Votes For Seat In County: BRIAN LAURENS (R) SCOT TURNER (R) Total Votes For Seat:

599 903 1,502 599 903 1,502

39.88% 60.12%
39.88% 60.12%

The State of Georgia Office of Secretary of State

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached one (1) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia elected at the 2013 Special Election held on February 5, 2013; all as the same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 11th day of February, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh.

(SEAL)

/s/ Brian P. Kemp Secretary of State

General Assembly Winner State Representative

Seat

Elected Official

District 21 SCOT TURNER

OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE

HOUSE DISTRICT 21 GEORGIA HOUSE OF REPRESENTATIVES

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

520

JOURNAL OF THE HOUSE

conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.

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

SO HELP ME GOD.

LOYALTY OATH

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

SO HELP ME GOD.

/s/ Scot Turner STATE REPRESENTATIVE

Sworn to and subscribed before me,

This 12th day of February, 2013.

/s/ Michael P. Boggs Judge, Court of Appeals of Georgia

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague E Bell Bennett Bentley Benton

Coleman Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon

Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes

Mayo E McCall
Meadows Mitchell Morgan E Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish

E Sims, C Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R
E Stephenson Stovall Strickland Talton Tankersley

TUESDAY, FEBRUARY 12, 2013

521

Beverly Black Braddock Broadrick Brockway Brooks Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V

Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene

Holt Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Maxwell

Parsons Peake Pezold Powell, J Pruett Quick Ramsey Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon Sims, B

Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Dollar of the 45th, Floyd of the 99th, Fullerton of the 153rd, Jordan of the 77th, Martin of the 49th, Mosby of the 83rd, Powell of the 32nd, and Willard of the 51st.

They wished to be recorded as present.

Prayer was offered by The Reverend Geoffrey M. St. J. Hoare, Rector, All Saints' Episcopal Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Sims of the 123rd, 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:

522

JOURNAL OF THE HOUSE

1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 286. By Representative Harden of the 148th:
A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name HawkinsvillePulaski County, Georgia; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others:
A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to

TUESDAY, FEBRUARY 12, 2013

523

amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 288. By Representative Knight of the 130th:
A BILL to be entitled an Act to amend Chapter 12 of Title 48 of the Official Code of Georgia Annotated, relating to estate tax, so as to change certain definitions regarding such tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 289. By Representatives Kelley of the 16th, Lindsey of the 54th and Willard of the 51st:
A BILL to be entitled an Act to amend Part 1 of Article 4A of Title 11 of the Official Code of Georgia Annotated, relating to subject matter and definitions relative to funds transfers, so as to clarify the relationship between certain provisions of the Uniform Commercial Code and federal law; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 290. By Representatives Dempsey of the 13th, Benton of the 31st, Clark of the 101st, Brockway of the 102nd, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to allow employees to use sick leave for the care of immediate family members; to provide for definitions; to provide for conditions to take leave; to provide that retaliatory actions are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 291. By Representatives Knight of the 130th, Peake of the 141st, Mosby of the 83rd, Riley of the 50th, Carson of the 46th and others:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide that the State Board of Accountancy is an independent state agency attached to the Secretary of State

524

JOURNAL OF THE HOUSE

for administrative purposes only; to provide the powers and duties of the board; to amend Code Section 24-5-501 of the O.C.G.A., relating to certain communications as privileged, so as to correct a cross-reference; to amend Code Section 36-81-8.1 of the O.C.G.A., relating to definitions, grant certification forms, filings with the state auditor, forfeiture of funds for noncompliance, and no exemption from liability relative to local government budgets and audits, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 292. By Representative Battles of the 15th:
A BILL to be entitled an Act to amend Article 5 of Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Magistrates Retirement Fund of Georgia, so as to establish the maximum average final monthly compensation calculated in determining benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 293. By Representatives Rogers of the 29th, Rice of the 95th, Cooper of the 43rd, Powell of the 32nd, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Subpart 5 of Part 3 of Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to tuition equalization grants at private colleges and universities, so as to revise a definition; to provide that a proprietary institution offering a course of study in nursing which is otherwise qualified as a qualified proprietary institution of higher education except for having not been in existence in this state for a period of at least ten years on January 1, 2011, that is a wholly owned subsidiary of a corporation that operates a proprietary institution of higher education in this state, either directly or through a wholly owned subsidiary corporation, and which is a qualified proprietary institution of higher education shall be considered a qualified proprietary institution of higher education; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.

TUESDAY, FEBRUARY 12, 2013

525

HB 294. By Representatives Caldwell of the 131st and Knight of the 130th:
A BILL to be entitled an Act to provide a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 295. By Representatives Battles of the 15th and Powell of the 171st:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding ad valorem taxation, assessment, and appeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 296. By Representatives Powell of the 32nd, Ramsey of the 72nd, Talton of the 147th, Jackson of the 128th and Atwood of the 179th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add certain persons to those authorized to receive motor vehicle registration records; to add certain persons to the list of persons authorized to receive motor vehicle certificate of title records; to provide for the Department of Revenue to establish certain procedures and to promulgate rules and regulations; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 297. By Representatives Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
A BILL to be entitled an Act to amend Code Section 50-3-54 of the Official Code of Georgia Annotated, relating to the state wild flower, so as to

526

JOURNAL OF THE HOUSE

designate the native azalea as the state wild flower; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 298. By Representatives Dickey of the 140th, Harden of the 148th, Watson of the 172nd, Epps of the 144th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Georgia Grown Products; to provide for the operation and function of the commodity commission; to amend Code Section 2-8-10 of the Official Code of Georgia Annotated, relating to nonapplicability of Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, so as to exclude the Agricultural Commodity Commission for Georgia Grown Products from the provisions of such article; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 299. By Representatives Watson of the 172nd, Shaw of the 176th, Carter of the 175th, England of the 116th, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to tax returns and the furnishing of information, so as to provide for contributions to Special Olympics Georgia Incorporated; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 300. By Representatives Mayo of the 84th, Mitchell of the 88th and Bennett of the 94th:
A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change a definition of fair market value; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 12, 2013

527

HB 301. By Representatives Weldon of the 3rd, Meadows of the 5th, Smith of the 134th, Maxwell of the 17th and Shaw of the 176th:
A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the O. C. G. A., relating to licensure and regulation of the practices of electrical contracting, plumbing contracting, low-voltage electrical contracting, utility contracting, and conditioned air contracting, so as to create the Division of Roofing Contractors within the State Construction Industry Licensing Board; to provide for the licensure and regulation of roofing contractors; to revise the statement of legislative purpose and add definitions; to provide for requirements for licensure; to prohibit unlicensed performance of roofing contracting; to provide exceptions; to provide for sanctions for violations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 302. By Representatives Broadrick of the 4th, Harden of the 148th, Stephens of the 164th, Parrish of the 158th, Watson of the 166th and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to add substances included under Schedule I controlled substances; to add substances included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 303. By Representatives Gardner of the 57th, Jones of the 62nd, Abrams of the 89th, Williams of the 168th, Fludd of the 64th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as provide a short title; to provide that a person who has been denied a license to carry a weapon or has had such license revoked because of mental incompetency may reapply after five years; to provide procedures for such application; to provide for a background check for guns purchased at gun shows; to provide for related matters; to repeal conflicting laws; and for other purposes.

528

JOURNAL OF THE HOUSE

Referred to the Committee on Public Safety & Homeland Security.
HB 304. By Representatives McCall of the 33rd, Black of the 174th, England of the 116th, Shaw of the 176th, Watson of the 172nd and others:
A BILL to be entitled an Act to amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to freeport exemption, so as to clarify the applicability of an exemption to fertilizer production processes; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 305. By Representatives Hugley of the 136th, Fludd of the 64th, Dickerson of the 113th, Abrams of the 89th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, so as to enact "The End to Cyberbullying Act"; to prohibit cyberbullying; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 306. By Representatives Waites of the 60th, Glanton of the 75th, Stovall of the 74th, Jordan of the 77th and Scott of the 76th:
A BILL to be entitled an Act to establish the Piedmont Altamaha Rail Authority; to provide a short title; to authorize such authority to acquire, construct, maintain, operate, and own a higher-speed intercity and urban rail and tram system in the Counties of Bibb, Butts, Clayton, Henry, and Monroe; to provide for the membership and for the appointment of members of the authority and their terms of tenure and compensation; to provide for meetings; to provide for the controlling of funds; to provide for powers; to provide for the issuance of contracts; to provide for the setting of rates, fares, tolls, and charges; to provide for construction of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.

TUESDAY, FEBRUARY 12, 2013

529

HB 307. By Representatives Peake of the 141st, Stephens of the 164th and Powell of the 171st:
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 state income taxes, so as to provide for credits for bad debts on private label credit cards or dealer credit programs; to provide for conditions, limitations, and procedures; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 308. By Representatives Peake of the 141st, Sims of the 123rd, Martin of the 49th, Ehrhart of the 36th and Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to tax credits for the rehabilitation of historic structures, so as to provide for a short title; to broaden the application of the tax credit to include insurance premium taxes; to provide for certain procedures, conditions, and limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 309. By Representatives Harbin of the 122nd, Dempsey of the 13th, Ramsey of the 72nd, Randall of the 142nd, Neal of the 2nd and others:
A BILL to be entitled an Act to amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, so as to provide a short title; to provide for definitions; to provide for certain insurance coverage of autism spectrum disorders; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HR 272. By Representative Epps of the 144th:
A RESOLUTION honoring the life of Mr. K.S. "Bubba" Nobles, Jr., and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.

530

JOURNAL OF THE HOUSE

HR 273. By Representatives Cooke of the 18th, Dutton of the 157th, Clark of the 98th, Dudgeon of the 25th, Brockway of the 102nd and others:
A RESOLUTION requesting the United States Congress to repeal the Seventeenth Amendment to the United States Constitution; and for other purposes.
Referred to the Committee on Judiciary.
HR 274. By Representatives Smith of the 134th, Smyre of the 135th, Buckner of the 137th, Pezold of the 133rd and Hugley of the 136th:
A RESOLUTION requesting that the Department of the Army (DA) carefully consider the socioeconomic impact the Programmatic Environmental Assessment (PEA) for Army 2020 Force Restructuring will have on Fort Benning, Georgia, and the surrounding region; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HR 275. By Representatives Jones of the 47th, Geisinger of the 48th, Martin of the 49th, Riley of the 50th, Rice of the 95th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions; to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 276. By Representatives Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Riley of the 50th, Rice of the 95th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions; to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes.

TUESDAY, FEBRUARY 12, 2013

531

Referred to the Committee on Governmental Affairs.
HR 277. By Representatives Martin of the 49th, Riley of the 50th, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions; to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 278. By Representatives Riley of the 50th, Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions; to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 279. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Riley of the 50th and others:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions; to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 280. By Representatives Jones of the 53rd, Thomas of the 56th, Scott of the 76th, Sharper of the 177th, Brooks of the 55th and others:

532

JOURNAL OF THE HOUSE

A RESOLUTION urging the Governor to expand Medicaid coverage under the Affordable Care Act; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 281. By Representatives Roberts of the 155th, Watson of the 172nd and Houston of the 170th:

A RESOLUTION providing that Tift County be so named in honor of the late Henry Harding Tift; and for other purposes.

Referred to the Committee on Governmental Affairs.

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

HB 268 HB 270 HB 272 HB 274 HB 276 HB 278 HB 280 HB 282 HB 284 HR 229

HB 269 HB 271 HB 273 HB 275 HB 277 HB 279 HB 281 HB 283 HB 285

Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

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

HB 178 HB 208 HB 209

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

Respectfully submitted, /s/ Cooper of the 43rd
Chairman

TUESDAY, FEBRUARY 12, 2013

533

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 164 HR 175 HR 182

Do Pass Do Pass Do Pass

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 80 Do Pass, by Substitute

Respectfully submitted, /s/ Channell of the 120th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 12, 2013

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HR 4

Georgia and Tennessee; boundary dispute; propose settlement (JudyGeisinger-48th)

Modified Open Rule

HB 101

Nonprofit organizations; exclude certain events from "food service establishment" definition (A&CA-Epps-144th)

534

JOURNAL OF THE HOUSE

Modified Structured Rule

None

Structured Rule

SB 25 SB 26 SB 30 SB 31

Macon, City of; City of Payne City; Bibb County; nonpartisan elections of mayor and commissioners (IGC-Peake-141st) Staton-18th Bibb County; provide for future elections for coroner (Substitute)(IGCPeake-141st) Staton-18th Board of Public Education for Bibb County; nonpartisan elections of members (IGC-Peake-141st) Staton-18th Macon-Bibb County Water and Sewerage Authority Act; nonpartisan election for the members (IGC-Peake-141st) Staton-18th

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

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

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

Mr. Speaker:

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

SB 65. By Senator Unterman of the 45th:

A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to require a licensed professional counselor to secure certification to perform certain acts from the Department of Behavioral Health and Developmental Disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 12, 2013

535

SB 66. By Senators Stone of the 23rd, McKoon of the 29th, Crosby of the 13th, Jackson of the 24th, Ligon, Jr. of the 3rd and others:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 65. By Senator Unterman of the 45th:

A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to require a licensed professional counselor to secure certification to perform certain acts from the Department of Behavioral Health and Developmental Disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 66.

By Senators Stone of the 23rd, McKoon of the 29th, Crosby of the 13th, Jackson of the 24th, Ligon, Jr. of the 3rd and others:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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

Representatives Benton of the 31st, Maxwell of the 17th, Rogers of the 10th, Hill of the 22nd, Meadows of the 5th, Dickson of the 6th, Jasperse of the 11th, Williamson of the 115th, Smith of the 125th, Mabra of the 63rd, and Epps of the 144th.

536

JOURNAL OF THE HOUSE

Pursuant to HR 194, the House honored Dr. Kelland Keith Jeffords and invited him to be recognized by the House of Representatives.

Pursuant to HR 157, the House recognized February 12, 2013, as Girl Scouts Day at the capitol.

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

HB 101. By Representatives Epps of the 144th, McCall of the 33rd, Jasperse of the 11th, Holmes of the 129th, Harden of the 148th and others:

A BILL to be entitled an Act to amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Code Section 26-2-391 of the Official Code of Georgia Annotated, relating to permits for nonprofit food sales and food service at events, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant

Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick

Y Sims, C Y Smith, E Y Smith, L Y Smith, M
Smith, R Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner

TUESDAY, FEBRUARY 12, 2013

537

Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Ramsey Randall
Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon
Sims, B

VACANT Y Waites Y Watson, B Y Watson, S
Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
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.

HR 4.

By Representatives Geisinger of the 48th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others:

A RESOLUTION proposing a settlement of the boundary dispute between the State of Georgia and the State of Tennessee; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy N Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.

538

JOURNAL OF THE HOUSE

Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

N Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 171, nays 2.

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

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

A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners; to repeal conflicting laws; and for other purposes.

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

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes N Dunahoo Y Duncan

Y Hamilton Y Harbin Y Harden E Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner

TUESDAY, FEBRUARY 12, 2013

539

Y Braddock Y Broadrick Y Brockway N Brooks N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

N Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans
Fleming N Floyd N Fludd N Frazier N Frye Y Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 111, nays 62.

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

SB 26. By Senators Staton of the 18th and Jones of the 25th:

A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, so as to provide for the nonpartisan election of the judge of said court; to provide that future elections for the office of chief magistrate judge of the Magistrate Court of Bibb County shall be nonpartisan elections; to provide that future elections for the office of probate judge of Bibb County shall be nonpartisan elections held at the time of certain general primary 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.

540

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I Coroner of Bibb County.
SECTION 1.
All elections for the office of coroner of Bibb County conducted after January 1, 2013, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the coroner of Bibb County in office on January 1, 2013. The sitting coroner shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
ARTICLE II Judges of Civil Court of Bibb County.
SECTION 3.
An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, is amended by revising Section 4 as follows:
"SECTION 4. Judge. Term, oath. Be it further enacted by the authority aforesaid, that there shall be a Judge of said Civil Court of Bibb County whose term of office shall be four years, and who shall be elected by the qualified voters of Bibb County quadrennially in nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. The Judge of said Civil Court of Bibb County shall be commissioned by the Governor, and before entering upon the duties of such office shall take the same oath required by law of the judges of the superior court. Nothing in this section shall affect the term of office of the Judge of the Civil Court of Bibb County in office on January 1, 2013. Such sitting judge of the Civil Court of Bibb County shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act."
ARTICLE III Judge of Magistrate Court of Bibb County.
SECTION 4.
All elections for the office of chief magistrate judge of the Magistrate Court of Bibb County conducted after January 1, 2013, shall be nonpartisan elections as provided for in

TUESDAY, FEBRUARY 12, 2013

541

Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the nonpartisan general election held immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5. Nothing in this Act shall affect the term of office of the chief magistrate judge of the Magistrate Court of Bibb County in office on January 1, 2013. The sitting chief magistrate judge of the magistrate court shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
ARTICLE IV Judge of Probate Court of Bibb County.
SECTION 6.
All elections for the office of probate judge of Bibb County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the general primary election immediately preceding the expiration of the term of such respective office. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 7. Nothing in this Act shall affect the term of office of the probate judge of Bibb County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which such probate judge was elected and shall be eligible to succeed himself or herself as provided in this Act.
ARTICLE V Voting Rights Act.
SECTION 8.
The governing authority of Bibb 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 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
ARTICLE VI Repealer.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.

542

JOURNAL OF THE HOUSE

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

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson N Dollar N Douglas N Drenner Y Dudgeon N Dukes N Dunahoo Y Duncan N Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans
Fleming N Floyd N Fludd N Frazier N Frye Y Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden E Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell Y Morgan Y Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer
Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 110, nays 62.

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

TUESDAY, FEBRUARY 12, 2013

543

SB 30. By Senators Staton of the 18th and Jones of the 25th:

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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4932), so as to provide for the nonpartisan election of members comprising the board of education; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson N Dollar N Douglas N Drenner Y Dudgeon N Dukes N Dunahoo Y Duncan N Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye Y Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden E Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge
Rynders N Scott N Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

544

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 108, nays 66.

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

SB 31. By Senators Staton of the 18th and Jones of the 25th:

A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), so as to provide for nonpartisan election for the members of such authority; to provide for federal preclearance; 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 Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes N Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye Y Fullerton N Gardner Y Gasaway Y Geisinger N Glanton

Y Hamilton Y Harbin Y Harden E Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C

TUESDAY, FEBRUARY 12, 2013

545

Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Golick N Gordon Y Gravley Y Greene Y Gregory

N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

N Williams, E Y Williamson Y Yates
VACANT Ralston, Speaker

On the passage of the Bill, the ayes were 114, nays 61.

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

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

HR 299. By Representative Abrams of the 89th:

A RESOLUTION recognizing and commending John Reasor and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 300. By Representatives Jackson of the 128th, Frazier of the 126th, Hatchett of the 150th, Bentley of the 139th, Williams of the 168th and others:

A RESOLUTION commending the Georgia Rural Health Association, recognizing February 20, 2013, as Rural Health Day at the state capitol, and inviting GRHA members to be recognized by the House of Representatives; and for other purposes.

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

HR 164. By Representatives Rutledge of the 109th, Welch of the 110th, Knight of the 130th, Strickland of the 111th, Yates of the 73rd and others:

A RESOLUTION recognizing and commending the Eagle's Landing Christian Academy football team on their outstanding 2012 season and inviting them to be recognized by the House of Representatives; and for other purposes.

HR 175. By Representatives Welch of the 110th, Rutledge of the 109th, Stephenson of the 90th, Scott of the 76th, Douglas of the 78th and others:

A RESOLUTION commending Mr. Warren Holder on his outstanding public service and inviting him to be recognized by the House of Representatives; and for other purposes.

546

JOURNAL OF THE HOUSE

HR 182. By Representatives Battles of the 15th, Coomer of the 14th and Jasperse of the 11th:
A RESOLUTION honoring Bartow County Commissioner Clarence Brown upon the occasion of his retirement 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 301. By Representatives Peake of the 141st, Knight of the 130th, Hill of the 22nd, Neal of the 2nd, Williams of the 119th and others:
A RESOLUTION commending the National Federation of Independent Business (NFIB) in Georgia and recognizing February 13, 2013, as NFIB/Georgia's Small Business Day at the capitol; and for other purposes.
HR 302. By Representatives Braddock of the 19th and Maxwell of the 17th:
A RESOLUTION recognizing and commending the Great American Bus Interactive Education, LLC (G.A.B.I.E.), and its creator, Lisa Williams; and for other purposes.
HR 303. By Representative Ralston of the 7th:
A RESOLUTION congratulating Henry B. Neill on his 84th birthday; and for other purposes.
HR 304. By Representative Glanton of the 75th:
A RESOLUTION honoring the life and memory of Ted Key; and for other purposes.
HR 305. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Jill Brown; and for other purposes.
HR 306. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Howell Cardwell; and for other purposes.

TUESDAY, FEBRUARY 12, 2013

547

HR 307. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, David Collis; and for other purposes.
HR 308. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Angela Criscoe; and for other purposes.
HR 309. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Diane Gallagher; and for other purposes.
HR 310. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Maribel Gonzalez; and for other purposes.
HR 311. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Maurice Hill, Jr.; and for other purposes.
HR 312. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Jennie Marshall; and for other purposes.
HR 313. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Robbie McNeill; and for other purposes.
HR 314. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Katy Meeks; and for other purposes.

548

JOURNAL OF THE HOUSE

HR 315. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, John Montgomery; and for other purposes.
HR 316. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Stacy Paine; and for other purposes.
HR 317. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Matt Powers; and for other purposes.
HR 318. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Scarlett Prater; and for other purposes.
HR 319. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Jennifer Rainey; and for other purposes.
HR 320. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Joseph Simmons; and for other purposes.
HR 321. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Fred Ward; and for other purposes.
HR 322. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Doug Dozier; and for other purposes.

TUESDAY, FEBRUARY 12, 2013

549

HR 323. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Titus Dunn; and for other purposes.
HR 324. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Brandi Stapp; and for other purposes.
HR 325. By Representatives Channell of the 120th and Kidd of the 145th:
A RESOLUTION commending a future leader, Mark Smith, Jr.; and for other purposes.
HR 326. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Mark Kain Weaver of Georgia Southern University on Academic Recognition Day for 2013; and for other purposes.
HR 327. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Browning of Gordon State College on Academic Recognition Day for 2013; and for other purposes.
HR 328. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Juliet Elizabeth Allan of University of Georgia on Academic Recognition Day for 2013; and for other purposes.
HR 329. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jessie Blowers of Kennesaw State University on Academic Recognition Day for 2013; and for other purposes.

550

JOURNAL OF THE HOUSE

HR 330. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Brockway of the 102nd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer Rose Stakich of Valdosta State University on Academic Recognition Day for 2013; and for other purposes.
HR 331. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ariel B. Shead of Savannah State University on Academic Recognition Day for 2013; and for other purposes.
HR 332. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Matthew J. Martin of University of North Georgia on Academic Recognition Day for 2013; and for other purposes.
HR 333. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Carter of the 175th, Dempsey of the 13th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Rebeca Vindas-Carter of South Georgia State College on Academic Recognition Day for 2013; and for other purposes.
HR 334. By Representatives Rogers of the 29th, Harbin of the 122nd, Sims of the 123rd, Ehrhart of the 36th, Casas of the 107th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kristy Ann Hardin of Georgia Regents University on Academic Recognition Day for 2013; and for other purposes.
HR 335. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Shelby Regan Lohr of Georgia State University on Academic Recognition Day for 2013; and for other purposes.

TUESDAY, FEBRUARY 12, 2013

551

HR 336. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Logan Richard Hanley of Georgia Southwestern State University on Academic Recognition Day for 2013; and for other purposes.
HR 337. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Heather Ness of Middle Georgia State College on Academic Recognition Day for 2013; and for other purposes.
HR 338. By Representatives Rogers of the 29th, Casas of the 107th, Ehrhart of the 36th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Alisha A. Contractor of University of West Georgia on Academic Recognition Day for 2013; and for other purposes.
HR 339. By Representatives Rogers of the 29th, Ehrhart of the 36th, Casas of the 107th, Fullerton of the 153rd, Carter of the 175th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Viniecia D. Colley of Albany State University on Academic Recognition Day for 2013; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 55. By Representatives Golick of the 40th, Ramsey of the 72nd, Atwood of the 179th, Pak of the 108th, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change provisions relating to interception of wire or oral transmissions by law enforcement

552

JOURNAL OF THE HOUSE

officers; to change provisions relating to the application and issuance of orders authorizing installation and use of pen register and trap and trace device; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 13, 2013

553

Representative Hall, Atlanta, Georgia

Wednesday, February 13, 2013

Seventeenth Legislative Day

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

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

Alexander Allison Atwood Ballinger Barr Battles E Beasley-Teague Bell Bennett Bentley E Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V

Coleman Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, J E Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kirby Knight Lindsey Lumsden Mabra

Marin Martin Maxwell Mayo McCall Meadows Mitchell E Murphy Neal Nimmer Nix O'Neal Pak Parrish Peake Powell, A Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sheldon

Sims, B Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Strickland Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Abrams of the 89th, Anderson of the 92nd, Cooke of the 18th, Ehrhart of the 36th, Jordan of the 77th, Morgan of the 39th, Morris of the 156th, Mosby of the 83rd, Parsons of the 44th, Stephenson of the 90th, and Talton of the 147th.

554

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Due to a mechanical malfunction, Representative Pezold of the 133rd was not recorded on the attendance roll call. He wished to be recorded as present.
Prayer was offered by Reverend Dr. Cynthia L. Hale, Senior Pastor, Ray of Hope Christian Church, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 310. By Representative Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to revise definitions; to provide for the method of filing certain disclosure reports; to provide for the method of notifying candidates of late fees due; to eliminate the grace period on certain reports; to provide for the notice of dissolution of

WEDNESDAY, FEBRUARY 13, 2013

555

a campaign or committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 311. By Representatives Powell of the 32nd, McCall of the 33rd and BeasleyTeague of the 65th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that the Georgia Procurement Registry shall be used in addition to the official legal organ and other media outlets for advertisement of certain bid opportunities for goods and services and public works construction contracts by a county, municipal corporation, or local board of education; to provide that advertisement via the Georgia Procurement Registry shall be at no cost to local government entities; to require advertisement of certain bid opportunities by local government entities via the Georgia Procurement Registry; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 312. By Representatives Carson of the 46th, Golick of the 40th, Smith of the 134th, Brockway of the 102nd, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, so as to provide for comprehensive revision of the provisions regulating insurance holding company systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 313. By Representatives Taylor of the 79th and Stephens of the 164th:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for limited exceptions to the three-tier system for the distribution and sale of alcoholic beverages; to change the definition of the term "brewpub"; to provide for limited retail sales by brewers of malt beverages manufactured on their premises for off-premises consumption; to provide for the collection of applicable taxes on such sales; to change certain provisions relating to the terms and conditions that exist for owners and operators of brewpubs to allow for retail sales of malt beverages

556

JOURNAL OF THE HOUSE

manufactured on their premises for off-premises consumption; to change certain provisions relating to manufacturing limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 314. By Representatives Taylor of the 79th and Stephens of the 164th:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for limited exceptions to the three-tier system for the distribution and sale of alcoholic beverages; to change the definition of the term "brewpub"; to provide for limited retail sales by brewers of malt beverages manufactured on their premises for off-premises consumption; to provide for the collection of applicable taxes on such sales; to change certain provisions relating to the terms and conditions that exist for owners and operators of brewpubs to allow for retail sales of malt beverages manufactured on their premises for off-premises consumption; to change certain provisions relating to manufacturing limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 315. By Representatives Cooper of the 43rd, Clark of the 101st, Rynders of the 152nd, Kaiser of the 59th, Jones of the 53rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 316. By Representatives Pruett of the 149th, Taylor of the 79th, Powell of the 32nd, Shaw of the 176th and Williams of the 168th:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to abandoned vessels, so as to remove the requirement of notification to the Georgia Bureau of Investigation and the Georgia Crime Information Center; to eliminate the requirement to place information regarding abandoned vessels into the National Crime Information Center network; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 13, 2013

557

Referred to the Committee on Public Safety & Homeland Security.
HB 317. By Representatives Cooper of the 43rd, Watson of the 166th, Rynders of the 152nd, Jones of the 53rd and Sims of the 123rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the "Medical Practice Act of the State of Georgia," so as to provide for administrative medicine licenses; to provide for definitions; to provide for requirements; to provide for board rules; to provide for educational certificates for out-of-state physicians to participate in educational training in this state that requires patient care; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th and Dempsey of the 13th:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 319. By Representatives Beasley-Teague of the 65th and Fludd of the 64th:
A BILL to be entitled an Act to authorize the City of Fairburn to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 320. By Representatives Harden of the 148th, Smith of the 70th, Tankersley of the 160th, Riley of the 50th, Williams of the 119th and others:

558

JOURNAL OF THE HOUSE

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 categorically exempt currently existing and compliant inert waste landfill operations from regulatory permitting; to provide for additional permitting exemptions; to delete a cross-reference; to revise civil penalty provisions; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 321. By Representatives Beasley-Teague of the 65th and Fludd of the 64th:
A BILL to be entitled an Act to amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to remove the millage caps on ad valorem taxation of real and personal property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 322. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 13-8-58 of the Official Code of Georgia Annotated, relating to enforcement by third parties of restrictive covenants, so as to prohibit the enforcement of certain covenants and restrictions on physicians who leave the employment of a hospital authority or restructured hospital owned by a hospital authority when a patient wants to continue to use the physician; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 323. By Representatives Powell of the 32nd, Taylor of the 173rd, Lumsden of the 12th, Glanton of the 75th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles so as to modify the age for operation of certain commercial motor vehicle operators; to amend Code Section 40-1-167, relating to required information on license plates of limousines, so as to modify provisions relating to requirements on limousine

WEDNESDAY, FEBRUARY 13, 2013

559

license plates; to amend Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, so as to authorize the Department of Public Safety to assess an undetermined application fee for towing companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 324. By Representatives Dollar of the 45th, Ramsey of the 72nd, Ehrhart of the 36th and Carter of the 175th:
A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 325. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Douglas of the 78th, Beasley-Teague of the 65th and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require notification to parents and guardians of students when a weapon has been brought to school or found on school grounds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 326. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Douglas of the 78th, Beasley-Teague of the 65th and others:
A BILL to be entitled an Act to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students in elementary and secondary education, so as to provide for attendance with or observation of a student in a classroom situation by a parent or guardian for students who have chronic disciplinary problems or returning from expulsion or suspension; to provide for parent conferences when a student receives a

560

JOURNAL OF THE HOUSE

failing grade on two consecutive report cards in a subject or course; to provide for proceedings against a parent or guardian who fails to attend such conference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 327. By Representatives Coleman of the 97th, Dudgeon of the 25th, England of the 116th, Dickson of the 6th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Flexibility and Accountability Act for Student Achievement"; to provide for legislative intent; to categorize each school system as a Category 1, Category 2, or Category 3 school system; to establish requirements; to provide for specified flexibility and accountability for Category 1 school systems; to provide for full flexibility for Category 2 school systems; to provide for Category 3 school systems as charter systems; to provide for statutory construction; to provide for grants; to provide for mediation; to provide for rules and regulations; to revise provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 328. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lowndes County; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 329. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), so as to provide that the judge of the Small Claims Court for Lowndes County shall be the magistrate judge and shall be elected on a nonpartisan basis; to

WEDNESDAY, FEBRUARY 13, 2013

561

provided for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 330. By Representatives Glanton of the 75th, Douglas of the 78th, Stovall of the 74th, Waites of the 60th, Jordan of the 77th and others:
A BILL to be entitled an Act to conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), and to enact a new provision; to restate the amount of the homestead exemption as $10,000.00 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, specific conditional repeal, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 331. By Representatives Scott of the 76th, Jordan of the 77th, Waites of the 60th, Douglas of the 78th, Beasley-Teague of the 65th and others:
A BILL to be entitled an Act to amend Code Section 20-1A-10 of the Official Code of Georgia Annotated, relating to regulation of early care and education programs, so as to permit day-care centers to have child safety alarms installed in vehicles they use to transport children; to provide a short title; to require the owner or director of a day-care center to ensure proper maintenance and good working order of such child safety alarms; to require day-care centers to post an inspection report near the entrance; to require the department to promulgate rules and procedures regulating the installation of child safety alarms in vehicles owned and operated by day-care centers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 332. By Representatives Williamson of the 115th, Hamilton of the 24th, Cooper of the 43rd, Watson of the 166th, Williams of the 119th and others:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to reconstitute the

562

JOURNAL OF THE HOUSE

Georgia Board of Nursing; to provide for membership; to provide for appointment of members; to define a certain term; to repeal the Georgia Board of Examiners of Licensed Practical Nurses; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 333. By Representatives Hill of the 22nd, Sheldon of the 104th, Jones of the 47th, O`Neal of the 146th, Roberts of the 155th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to ethics in government and the state administrative organization, administration, and enforcement for revenue and taxation, respectively, so as to provide for investigation and enforcement of the constitutional requirement for public officers to file and pay federal, state, and local taxes; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 334. By Representative Kelley of the 16th:
A BILL to be entitled an Act to provide a new charter for the City of Euharlee; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 297. By Representatives Beasley-Teague of the 65th, Brooks of the 55th, Chandler of the 105th, Kidd of the 145th and Anderson of the 92nd:
A RESOLUTION requesting that the State Board of Education and the Fulton County Board of Education mandate the installation of carbon monoxide detectors in schools; and for other purposes
Referred to the Committee on Education.
HR 298. By Representatives Hill of the 22nd, Sheldon of the 104th, Jones of the 47th, O`Neal of the 146th, Roberts of the 155th and others:

WEDNESDAY, FEBRUARY 13, 2013

563

A RESOLUTION proposing an amendment to the Constitution so as revise and strengthen the provisions making tax defaulters ineligible for public office and provide for the release of otherwise confidential tax information for purposes of enforcement; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ethics.

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

HB 286 HB 288 HB 290 HB 292 HB 294 HB 296 HB 298 HB 300 HB 302 HB 304 HB 306 HB 308 HR 272 HR 274 HR 276 HR 278 HR 280 SB 65

HB 287 HB 289 HB 291 HB 293 HB 295 HB 297 HB 299 HB 301 HB 303 HB 305 HB 307 HB 309 HR 273 HR 275 HR 277 HR 279 HR 281 SB 66

Representative McCall of the 33rd District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 234 Do Pass

Respectfully submitted, /s/ McCall of the 33rd
Chairman

564

JOURNAL OF THE HOUSE

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

Mr. Speaker:

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

HB 123 Do Pass, by Substitute

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

Representative Burns of the 159th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

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

HB 155 Do Pass, by Substitute

Respectfully submitted, /s/ Burns of the 159th
Chairman

Representative Benton of the 31st District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 290 Do Pass

Respectfully submitted, /s/ Benton of the 31st
Chairman

WEDNESDAY, FEBRUARY 13, 2013

565

Representative Smith of the 134th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 235 HB 246 HB 254

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 134th
Chairman

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

Mr. Speaker:

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

HB 247 HB 277 HB 281

Do Pass Do Pass Do Pass

HB 273 Do Pass HB 278 Do Pass

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

Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

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

566

JOURNAL OF THE HOUSE

HB 35 Do Pass, by Substitute HB 255 Do Pass

Respectfully submitted, /s/ Powell of the 32nd
Chairman

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

HR 219 Do Pass HR 286 Do Pass

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 13, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 103 HB 135 HB 198

Insurance; issuance of group life insurance policy to certain groups as approved by the Commissioner; allow (Ins-Shaw-176th) Municipalities; ante litem notice; the amount of damages sought; provide (Substitute)(Judy-Welch-110th) Patient Protection and Affordable Care Act; licensing of health insurance navigators; provide (Substitute)(Ins-Smith-134th)

Modified Structured Rule

HB 50 HB 60

Nurses; mandatory reporting; require (Substitute)(H&HS-Cooper-43rd) Firearms; certain laws regarding carrying and possession by retired judges; provide exemption (Substitute)(PS&HS-Holt-112th)

WEDNESDAY, FEBRUARY 13, 2013

567

HB 124

Local elections; votes cast for disapproval of Sunday alcohol sales by retailers shall not nullify prior election results; provide (Substitute)(RegIHarrell-106th)

Structured Rule

None

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

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

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

HB 247. By Representative Battles of the 15th:

A BILL to be entitled an Act to provide a new charter for the City of Emerson; 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 repeal a specific Act; 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 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms

568

JOURNAL OF THE HOUSE

of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 277. By Representative Greene of the 151st:
A BILL to be entitled an Act to repeal an Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the fourmonth nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624); to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 278. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), and an Act approved March 28, 2011 (Ga. L. 2011, p. 3525), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to repeal provisions relating to the appointment, qualifications, powers and duties, and compensation of a city manager; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 281. By Representatives Carson of the 46th, Parsons of the 44th, Cooper of the 43rd, Dollar of the 45th, Wilkerson of the 38th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4307), so as to provide for an annual report; to change the termination date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 13, 2013

569

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley E Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler
Channell Y Chapman Y Cheokas
Clark, J Y Clark, V
Coleman Y Cooke

Y Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans
Fleming Floyd Y Fludd Y Frazier Y Frye Y Fullerton Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Mosby E Murphy Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

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

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

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

Representatives Battles of the 15th, Coomer of the 14th, Kelley of the 16th, Jasperse of the 11th, Jacobs of the 80th, Taylor of the 79th, Geisinger of the 48th, Welch of the

570

JOURNAL OF THE HOUSE

110th, Spencer of the 180th, Sheldon of the 104th, McCall of the 33rd, Pruett of the 149th, Stephens of the 165th, Alexander of the 66th, Cooper of the 43rd, Williams of the 119th, and Beverly of the 143rd.

Pursuant to HR 182, the House honored Bartow County Commissioner Clarence Brown upon the occasion of his retirement and invited him to be recognized by the House of Representatives.

Pursuant to HR 164, the House recognized and commended the Eagle's Landing Christian Academy football team on their outstanding 2012 season and invited them to be recognized by the House of Representatives.

Pursuant to HR 175, the House commended Mr. Warren Holder on his outstanding public service and invited him to be recognized by the House of Representatives.

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

HB 103. By Representatives Shaw of the 176th, Meadows of the 5th, Smith of the 134th, Golick of the 40th, Brockway of the 102nd and others:

A BILL to be entitled an Act to amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, so as to allow the issuance of a group life insurance policy to certain groups as approved by the Commissioner; to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland

WEDNESDAY, FEBRUARY 13, 2013

571

E Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 173, nays 0.

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

HB 198. By Representatives Smith of the 134th, Meadows of the 5th, Maxwell of the 17th, Shaw of the 176th, Abrams of the 89th 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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for 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 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers

572

JOURNAL OF THE HOUSE

and duties of the Commissioner of Insurance with respect to the foregoing; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new article to read as follows:
"ARTICLE 3
33-23-200. The General Assembly finds that the provisions of the federal Patient Protection and Affordable Care Act may cause the formation of health insurance exchanges operating in Georgia under federal law and employing navigators or navigator entities whose role will be to direct individuals and companies to health insurance policies. The General Assembly further finds that licensing and regulation of such navigators or navigator entities to ensure that they are trained and knowledgeable in the subject matter of individual and group health insurance plans and insurance coverage is necessary to avoid substantial risk to the health, safety, and welfare of the residents of this state.
33-23-201. As used in this article, the term:
(1) 'Exchange' means a state, federal, or partnership exchange or marketplace operating in Georgia pursuant to Section 1311 of the federal act. (2) 'Federal act' means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and regulations or guidance issued under those acts. (3) 'Navigator' means an individual, including assistors, application counselors, or other persons, authorized pursuant to the federal act to provide insurance advice and guidance to uninsured individuals and groups seeking health insurance coverage. For the purposes of this article, if an organization or business entity serves as a navigator, an individual performing navigator duties for that organization or business entity shall be considered to be acting in the capacity of a navigator. (4) 'Patient navigator' means an individual who offers assistance to patients, families, and caregivers to help overcome health care system barriers and to facilitate timely access to quality medical and psychosocial care as defined by the health care community he or she serves.

WEDNESDAY, FEBRUARY 13, 2013

573

33-23-202. (a) No navigator shall provide advice, guidance, or other assistance with regard to health benefit plans as a navigator under the provisions of the federal act unless licensed in accordance with this article. (b) The Commissioner shall not issue a license to any applicant who does not meet or conform to the following qualifications or requirements:
(1) The applicant shall establish to the satisfaction of the Commissioner that he or she has the background, experience, knowledge, and competency in the subject matter that will enable him or her to deliver accurate information and advice to individuals and groups in this state seeking to obtain health insurance coverage under the provisions of the federal act; (2) The applicant shall have successfully completed not less than 35 hours of instruction in health benefit insurance and the exchange provisions of the federal act satisfactory to the Commissioner through a training program approved by the Commissioner; (3) The applicant shall pass such examination as shall be required by the Commissioner unless such applicant is exempted by the Commissioner based on the applicant's experience and qualifications and pursuant to regulations adopted by the Commissioner; (4) An applicant shall be not less than 18 years of age and of good moral character and must submit in a form approved by the Commissioner such information, including without limitation criminal history and regulatory background information, as the Commissioner may require; and (5) An applicant for a renewal license shall have completed continuing education classes approved by the Commissioner.
33-23-203. (a) Violation of any provision of this title or the federal act, including any act or omission that would be a ground for denial, suspension, or revocation of the license of an agent as defined in Article 1 of this chapter, shall be a ground for denial, suspension, or revocation of a license under this article. (b) No navigators shall solicit any person or business that is currently insured under an existing health benefit plan. (c) No navigator shall receive any commission, compensation, or anything of value from any insurer, health benefit plan, business, or consumer for providing advice or services specifically authorized to be provided as a navigator pursuant to the provisions of the federal act. Navigators shall be compensated for advice or services rendered pursuant to the provisions of the federal act. (d) Navigators shall provide factually accurate information to uninsured persons and businesses regarding the availability of premium tax credits under Section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under Section 1402 of the federal act.

574

JOURNAL OF THE HOUSE

(e) Notwithstanding any other provision of law, licensing as a navigator pursuant to the provisions of this article shall not constitute licensing as an agent or administrator as defined in Articles 1 and 2 of this chapter. No person providing advice or services as a navigator under the provisions of the federal act shall be compensated for such advice or services as the holder of a license issued pursuant to Article 1 or 2 of this chapter; provided, however, that the provisions of this subsection shall not prohibit the holder of a license issued pursuant to such articles from being compensated for advice or services rendered as such a licensee and not as a navigator. Navigators licensed pursuant to the provisions of this article shall not, except as specifically authorized by the provisions of the federal act:
(1) Engage in any activities that would require licensing pursuant to the provisions of Article 1 or 2 of this chapter unless licensed thereunder; (2) Provide advice concerning the benefits, terms, and features of a particular health benefit plan or offer advice about which health benefit plan is better or worse for a particular individual or business, except in the capacity of a licensee pursuant to the provisions of Article 1 or 2 of this chapter; or (3) Recommend a particular health benefit plan or advise individuals or businesses about which health benefit plan to choose, except in the capacity of a licensee pursuant to the provisions of Article 1 or 2 of this chapter.
33-23-204. The Commissioner shall be authorized to adopt rules and regulations to effect the implementation of this article.
33-23-205. The provisions of this article shall not apply to patient navigators as defined in paragraph (4) of Code Section 33-23-201."
SECTION 2. The provisions of this Act shall become applicable only upon the notification by the federal Department of Health and Human Services or other responsible federal agency or official to the Governor, the Commissioner of Insurance, or other responsible agency or official of the State of Georgia that a health insurance exchange has been created or approved to operate within the State of Georgia pursuant to the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments thereto, or regulations or guidance issued under those acts, or upon the initiation of operation of any such exchange within the State of Georgia.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 13, 2013

575

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett Y Bentley E Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter N Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 16.

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

HB 50. By Representatives Cooper of the 43rd, Watson of the 166th, Kaiser of the 59th, Lindsey of the 54th and Rynders of the 152nd:

576

JOURNAL OF THE HOUSE

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 require mandatory reporting for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to require mandatory reporting for nurses; to provide for definitions; to provide for enforcement; to provide for limited liability; to provide for related matters; to provide for contingent effectiveness; 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 adding a new article to read as follows:
"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 advanced practice registered 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, an advanced practice registered nurse, as defined in paragraph (1.1) of Code Section 43-26-3, 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.

WEDNESDAY, FEBRUARY 13, 2013

577

43-26-52. (a) Hospitals, nursing homes, temporary staffing agencies, and other employers of registered professional nurses, advanced practice registered nurses, or licensed practical nurses shall report to the applicable board, or ensure that such report has in fact been made to such board, the name of any nurse 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 hospitals, nursing homes, home health agencies, or other types of health care facilities, 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. Each board may 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 such board. The costs for any treatment programs shall be borne by the nurse. (d) Each board shall inform, in the manner such board determines appropriate, nurses, facilities, agencies, and other persons of their duty to report under this article.
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, an advanced practice registered nurse, or a licensed practical nurse, without a valid, current license, except as otherwise permitted under Code Section 43-26-12 or 43-26-41, as applicable; (2) Practicing nursing as a registered professional nurse, an advanced practice registered 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, an advanced practice registered nurse, or a licensed practical nurse during the time the applicable 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, an advanced practice registered nurse, or a licensed practical nurse unless such person is duly licensed or recognized by the applicable board to practice as such under the provisions of this chapter; (5) Fraudulently furnishing a license to practice nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse; (6) Knowingly aiding or abetting any person in violating 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

578

JOURNAL OF THE HOUSE

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, currently or previously displaying an inability to practice nursing as a registered professional nurse, an advanced practice registered nurse, a licensed undergraduate nurse, or a 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 a nurse as required by 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 such nurse.
43-26-55. (a) No nurse, hospital, nursing home, temporary staffing agency, employer, state agency, 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 2. This Act shall become effective only when funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 13, 2013

579

Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley E Benton Y Beverly
Black Y Braddock Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson N Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner
Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites Y Watson, B
Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 16.

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

HB 135. By Representatives Welch of the 110th, Willard of the 51st, Lindsey of the 54th, Powell of the 171st, Meadows of the 5th and others:

A BILL to be entitled an Act to amend Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, so as to provide that such notices shall specify the amount of damages sought; to provide for service of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.

580

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, so as to provide that such notices shall specify the amount of damages sought; to provide for service of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, is amended by revising subsection (a) and adding two new Code sections to read as follows:
"(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section." "(e) The description of the extent of the injury required in subsection (b) of this Code section shall include the specific amount of monetary damages being sought from the municipal corporation. The amount of monetary damages set forth in such claim shall constitute an offer of compromise. In the event such claim is not settled by the municipal corporation and the claimant litigates such claim, the amount of monetary damage set forth in such claim shall not be binding on the claimant. (f) A claim submitted under this Code section shall be served upon the mayor or the chairperson of the city council or city commission, as the case may be, by delivering the claim to such official personally or by certified mail or statutory overnight delivery."

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 Abrams Y Alexander Y Allison Y Anderson

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

Y McCall Y Meadows Y Mitchell Y Morgan

Y Sims, C Y Smith, E Y Smith, L N Smith, M

WEDNESDAY, FEBRUARY 13, 2013

581

Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley E Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

HB 60. By Representative Holt of the 112th:

A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an exemption from certain laws regarding the carrying and possession of firearms by retired judges; 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

582

JOURNAL OF THE HOUSE

To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an exemption from certain laws regarding the carrying and possession of firearms by retired judges; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by revising paragraph (12) of subsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 1611-126 through 16-11-127.2, as follows:
"(12) State, local, and federal trial and appellate judges, full-time and permanent parttime judges of municipal and city courts, and such former state trial and appellate judges retired from their respective offices under state retirement;".

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 Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley E Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall

Y Sims, C Y Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites

WEDNESDAY, FEBRUARY 13, 2013

583

Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby E Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

On the passage of the Bill, by substitute, the ayes were 167, nays 3.

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

Representative Meadows of the 5th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

HB 124. By Representatives Harrell of the 106th, Taylor of the 79th, Powell of the 32nd, Fludd of the 64th, Cooke of the 18th and others:

A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that an election in which the votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; to provide for related matters; to repeal conflicting laws; and for other purposes.

The motion prevailed.

Representative Dukes of the 154th moved that the following Bill of the House be withdrawn from the Committee on Ways & Means and recommitted to the Committee on Intragovernmental Coordination - Local:

HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:

A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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;

584

JOURNAL OF THE HOUSE

to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 341. By Representatives Drenner of the 85th, Gardner of the 57th, Thomas of the 100th and Henson of the 86th:
A RESOLUTION recognizing the Institute for Georgia Environmental Leadership (IGEL) and inviting its members to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 219. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Rogers of the 29th, England of the 116th and others:
A RESOLUTION recognizing and commending Dr. Michael F. Adams on his extraordinary accomplishments as president of the University of Georgia and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 286. By Representatives Parrish of the 158th, Gardner of the 57th, Channell of the 120th, Sheldon of the 104th, Stephens of the 164th and others:
A RESOLUTION recognizing February 14, 2013, as "Community Health Centers Day" and inviting the leadership of the Georgia Association for Primary Health Care to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 342. By Representatives Jacobs of the 80th, Ralston of the 7th, Taylor of the 79th, Geisinger of the 48th, Oliver of the 82nd and others:
A RESOLUTION honoring the life and memory of James W. Tysinger; and for other purposes.

WEDNESDAY, FEBRUARY 13, 2013

585

HR 343. By Representatives Deffenbaugh of the 1st and Neal of the 2nd:
A RESOLUTION recognizing and commending Hunter Chadwick; and for other purposes.
HR 344. By Representatives Deffenbaugh of the 1st and Neal of the 2nd:
A RESOLUTION recognizing and commending Blake Parden; and for other purposes.
HR 345. By Representatives Welch of the 110th, Rutledge of the 109th, Strickland of the 111th, Knight of the 130th, Yates of the 73rd and others:
A RESOLUTION recognizing and commending Kay Pippin on the occasion of her retirement; and for other purposes.
HR 346. By Representatives O`Neal of the 146th, Talton of the 147th, Dickey of the 140th, Peake of the 141st, Harden of the 148th and others:
A RESOLUTION recognizing and commending Colonel Mitchel H. Butikofer on his outstanding achievements; and for other purposes.
HR 347. By Representative Drenner of the 85th:
A RESOLUTION congratulating Mrs. June Laverne Watson Butterfield on the occasion of her 75th birthday; and for other purposes.
HR 348. By Representatives Howard of the 124th, Murphy of the 127th, Frazier of the 126th and Smith of the 125th:
A RESOLUTION recognizing and commending Reverend Clyde Hill, Sr., on the occasion of his 40th pastoral anniversary; and for other purposes.
HR 349. By Representatives Jasperse of the 11th, England of the 116th, McCall of the 33rd, Roberts of the 155th, Harden of the 148th and others:
A RESOLUTION commending the Future Farmers of America and recognizing February 19, 2013, as Future Farmers of America Day at the state capitol; and for other purposes.

586

JOURNAL OF THE HOUSE

HR 350. By Representative Abrams of the 89th:
A RESOLUTION honoring and celebrating the 75th birthday of Mary Dix Stocks; and for other purposes.
HR 351. By Representatives Setzler of the 35th, Ehrhart of the 36th and Gregory of the 34th:
A RESOLUTION recognizing and commending Bill Thrash on his outstanding accomplishments; and for other purposes.
HR 352. By Representatives Stovall of the 74th, Brooks of the 55th and Glanton of the 75th:
A RESOLUTION recognizing and commending the A.D. King Foundation; and for other purposes.
HR 353. By Representatives Bentley of the 139th, Smyre of the 135th and Deffenbaugh of the 1st:
A RESOLUTION recognizing and commending the Cooperative Developmental Energy Program (CDEP) at Fort Valley State University; and for other purposes.
HR 354. By Representative Gasaway of the 28th:
A RESOLUTION recognizing and commending Christopher B. Erwin, Georgia's 2013 School Superintendent of the Year; and for other purposes.
HR 355. By Representatives Martin of the 49th, Jones of the 47th, Riley of the 50th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A RESOLUTION honoring the life and memory of Mr. Michael "Coach" Thomas Scott; and for other purposes.
HR 356. By Representatives Neal of the 2nd and Deffenbaugh of the 1st:
A RESOLUTION recognizing and commending Mikayla Carrington; and for other purposes.

WEDNESDAY, FEBRUARY 13, 2013

587

HR 357. By Representatives Neal of the 2nd and Deffenbaugh of the 1st:
A RESOLUTION recognizing and commending Ana Paula Garcia; and for other purposes.
HR 358. By Representatives Neal of the 2nd and Deffenbaugh of the 1st:
A RESOLUTION recognizing and commending Zoe Pace; and for other purposes.
HR 359. By Representatives Neal of the 2nd and Deffenbaugh of the 1st:
A RESOLUTION recognizing and commending Anna Valle; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

588

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, February 14, 2013

Eighteenth 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 Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague E Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter E Casas Chandler Channell Chapman Cheokas Clark, J Clark, V

Coleman Cooke Coomer Cooper Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, C Epps, J Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt E Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin

Martin Maxwell Mayo McCall Meadows Mitchell Mosby E Murphy Nimmer Nix Oliver Pak Parrish Parsons Peake Pezold Powell, J Pruett Quick E Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sheldon Sims, B

Sims, C Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Ralston, Speaker

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

Representatives Dawkins-Haigler of the 91st, Ehrhart of the 36th, Fullerton of the 153rd, Houston of the 170th, Jordan of the 77th, Morris of the 156th, Neal of the 2nd, O`Neal of the 146th, Powell of the 32nd, Stephenson of the 90th, and Yates of the 73rd.

THURSDAY, FEBRUARY 14, 2013

589

They wished to be recorded as present.
Prayer was offered by Pastor Jose' L. Velasquez, Mizpah United Methodist Church, Clyo, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 335. By Representatives Kirby of the 114th, Hitchens of the 161st, Williamson of the 115th, Dutton of the 157th, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to carrying weapons in unauthorized locations and penalty, so as to repeal a prohibition against carrying a weapon in a place of worship; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.

590

JOURNAL OF THE HOUSE

HB 336. By Representatives Powell of the 171st, Meadows of the 5th, Smith of the 134th, Abrams of the 89th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil practice, so as to provide for certain pre-suit settlement offers and agreements as to tort claims arising out of use of motor vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 337. By Representatives Fleming of the 121st, Carter of the 175th, Cooper of the 43rd, Coleman of the 97th and Frye of the 118th:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 338. By Representatives Wilkinson of the 52nd, Stephens of the 164th, Abrams of the 89th, Parrish of the 158th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to clarify the role of arts in economic development and other vital functions to the state; to provide for membership changes; to provide for meetings; to provide for responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 339. By Representatives Atwood of the 179th, Stephens of the 164th, Welch of the 110th, Peake of the 141st, Hitchens of the 161st and others:

THURSDAY, FEBRUARY 14, 2013

591

A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 340. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), so as to provide for four-year terms for the mayor and city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 341. By Representatives Marin of the 96th and Pak of the 108th:
A BILL to be entitled an Act to amend Code Section 2-7-2 of the Official Code of Georgia Annotated, relating to definitions relative to plant disease, pest control, and pesticides, so as to exempt water spinach from the definition of "plant pest"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 342. By Representative Ramsey of the 72nd:
A BILL to be entitled an Act to provide a new charter for the City of Senoia; 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 prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.

592

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 343. By Representative Willard of the 51st:
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 update certain cross-references to Chapter 11 of Title 15; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 344. By Representatives Ramsey of the 72nd, Gasaway of the 28th, Teasley of the 37th and Welch of the 110th:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to provide for certain requirements for obtaining money judgments on obligations secured by deeds to secure debts or mortgages on real property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 345. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 346. By Representatives Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Willard of the 51st, Riley of the 50th and others:
A BILL to be entitled an Act to amend an Act providing for the consolidation of the offices of tax receiver of Fulton County and tax collector of Fulton County into the office of tax commissioner of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3006), as amended, particularly by an Act approved May 9, 2002 (Ga. L. 2002, p. 5680), so as to provide for a citation of authority; to provide for the appointment of the tax commissioner of

THURSDAY, FEBRUARY 14, 2013

593

Fulton County; to limit certain compensation of the tax commissioner; 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 - Local.
HB 347. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 348. By Representatives Parsons of the 44th, Sims of the 169th, Abrams of the 89th and Martin of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, so as to provide a tax credit for purchasers of alternative fuel vehicles; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for a cap on the amount of the tax credits; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 349. By Representatives Golick of the 40th, Hatchett of the 150th, Coomer of the 14th, Pak of the 108th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 5 of the O.C.G.A., relating to appeal or certiorari by the state in criminal cases, so as to provide the state with more direct appeal rights; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the O.C.G.A., relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to amend Article 2 of Chapter 8 of Title 24 of the

594

JOURNAL OF THE HOUSE

O.C.G.A., relating to admissions and confessions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 350. By Representatives Peake of the 141st, Hitchens of the 161st, Hatchett of the 150th, Ramsey of the 72nd, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Code Section 16-12-1.1 of the O.C.G.A., relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations, so as to provide for exceptions for persons otherwise issued licenses as provided by law; to amend Chapter 1A of Title 20 of the O.C.G.A., relating to early care and learning; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 351. By Representatives Carson of the 46th, Smyre of the 135th, Peake of the 141st and Powell of the 171st:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions from state income taxes, so as to provide that certain entities may elect to pay the tax on any recaptured credits at the entity level; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 352. By Representatives Spencer of the 180th and Gregory of the 34th:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the O.C.G.A., relating to general provisions relative to state government, so as to provide a short title; to make legislative findings; to create a Joint Commission on Recommendation to review all Acts of the Congress of the United States of America, regulations promulgated pursuant to such laws, and executive orders of the President of the United States of America; to provide for membership; to provide that the commission shall determine which of the federal statutes, regulations, and presidential executive orders of the United States of America should be enforced and which should be ignored in

THURSDAY, FEBRUARY 14, 2013

595

Georgia; to provide for a vote of nullification by the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 353. By Representative Lumsden of the 12th:

A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 340. By Representative Epps of the 144th:

A RESOLUTION recognizing Mr. Jones Daniel Brooks, Mr. James Joe Brooks, and Mr. Freeman Charles Brooks and dedicating two bridges in their honor; and for other purposes.

Referred to the Committee on Transportation.

HR 360. By Representatives Spencer of the 180th, Gregory of the 34th, Battles of the 15th, Braddock of the 19th and Holt of the 112th:

A RESOLUTION creating the Joint Select Committee on Budget Dependence on Federal Funding; and for other purposes.

Referred to the Committee on Appropriations.

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

HB 310 HB 312 HB 314 HB 316 HB 318 HB 320 HB 322 HB 324

HB 311 HB 313 HB 315 HB 317 HB 319 HB 321 HB 323 HB 325

596

JOURNAL OF THE HOUSE

HB 326 HB 328 HB 330 HB 332 HB 334 HR 298

HB 327 HB 329 HB 331 HB 333 HR 297

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

Mr. Speaker:

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

HB 286 Do Pass HB 294 Do Pass

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

Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

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

HB 122 Do Pass, by Substitute HB 187 Do Pass

Respectfully submitted, /s/ Golick of the 40th
Chairman

Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 14, 2013

597

Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 177 Do Pass
Respectfully submitted, /s/ Smith of the 70th
Chairman
Representative Battles of the 15th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 232 Do Pass
Respectfully submitted, /s/ Battles of the 15th
Chairman
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 149 Do Pass
Representative Neal of the 2nd District, Chairman of the Committee on State Properties, submitted the following report:
Mr. Speaker:
Your Committee on State Properties has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 91 Do Pass, by Substitute HR 205 Do Pass

598

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Neal of the 2nd
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 14, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 194

Public utilities; venue for actions against gas companies; provide (Substitute)(Judy-Powell-171st)

Modified Structured Rule

HB 87 HB 202

Elections; use of the boundaries of a gated community as the boundaries of a precinct; authorize (Substitute)(GAff-Hightower-68th) Highways, bridges, and ferries; performing value engineering studies; provide requirements (Substitute)(Trans-Epps-144th)

Structured Rule

HB 80

Ad valorem tax; state and local title fees; revise provisions (Substitute)(W&M-Rice-95th)

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

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

THURSDAY, FEBRUARY 14, 2013

599

By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination:

HB 286. By Representative Harden of the 148th:

A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name HawkinsvillePulaski County, Georgia; 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.

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

HB 294. By Representatives Caldwell of the 131st and Knight of the 130th:

A BILL to be entitled an Act to provide a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams Y Alexander Y Allison Y Anderson
Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell Y Bennett Y Bentley

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas E Drenner Y Dudgeon

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill
Hitchens Y Holcomb Y Holmes

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer
Nix Y Oliver Y O'Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Strickland

600

JOURNAL OF THE HOUSE

Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V
Coleman Y Cooke

Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Holt Y Houston E Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra
Marin Y Martin Y Maxwell E Mayo

Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw
Sheldon Y Sims, B

Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, the ayes were 155, nays 0.

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

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

Mr. Speaker:

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

SB 91. By Senators Harper of the 7th, Wilkinson of the 50th, Mullis of the 53rd, Staton of the 18th, Ginn of the 47th and others:

A BILL to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to repeal the "Emerging Crops Fund Act"; to repeal conflicting laws; and for other purposes.

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

THURSDAY, FEBRUARY 14, 2013

601

SB 91.

By Senators Harper of the 7th, Wilkinson of the 50th, Mullis of the 53rd, Staton of the 18th, Ginn of the 47th and others:

A BILL to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to repeal the "Emerging Crops Fund Act"; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

Pursuant to HR 219, the House recognized and commended Dr. Michael F. Adams on his extraordinary accomplishments as president of the University of Georgia and invited him to be recognized by the House of Representatives.

Pursuant to HR 286, the House recognized February 14, 2013, as "Community Health Centers Day" and invited the leadership of the Georgia Association for Primary Health Care to be recognized by the House of Representatives.

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

Representatives Sims of the 169th, Taylor of the 79th, Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th, Barr of the 103rd, Jasperse of the 11th, Stephens of the 164th, and Williams of the 168th.

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

HB 194. By Representatives Powell of the 171st, Willard of the 51st, Lindsey of the 54th, Allison of the 8th and Jacobs of the 80th:

A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities and public transportation, so as to provide venue for actions against gas companies; to provide for related matters; to provide for an effective date and for 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 Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities and public transportation, so as to provide

602

JOURNAL OF THE HOUSE

venue for actions against gas companies; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities and public transportation, is amended by revising Code Section 46-1-2, relating to measure of damages for wrongs and injuries to railroad companies generally and venue for actions against railroad companies and electric companies generally, as follows:
"46-1-2. (a) As used in this Code section, the term 'electric company' means all corporations engaged in the business of either generating or transmitting electricity for light, heat, power, or other commercial purposes. (b) If any railroad company doing business in this state shall, in violation of any rule or regulation of the Public Service Commission, inflict any wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county where the wrong or injury occurred and the damages which may be recovered in such actions shall be the same as in actions between individuals, provided that, in cases of willful violation of law, such railroad companies shall be liable for exemplary damages. All such actions under this title subsection must be brought within 12 months after the commission of the alleged wrong or injury. (c) Any railroad, or electric company, or gas company shall be sued by anyone whose person or property has been injured by such railroad, or electric company, or gas company, or by its officers, agents, or employees, for the purpose of recovering damages for such injuries, in the county in which the cause of action originated; and causes of actions on all contracts shall be brought in the county in which the contract in question is made or is to be performed. If the cause of action arises in a county where the railroad, or electric company, or gas company liable to suit has no agent, service may be perfected by the issuance of a second original, to be served upon the company in the county of its principal office and place of business, if in this state, and if not, on any agent of such company. In the alternative, if the company has no agent in the county where the cause of action arises, an action may be brought in the county of the residence of such company. (d) Whenever any:
(1) railroad Railroad or electric company incorporated under the laws of this state acquires by purchase, lease, or otherwise the ownership or control of the line of railroad of a competing railroad company in this state, in violation of Article III, Section VI, Paragraph V(c) of the Constitution of the State of Georgia;, or whenever any railroad (2) Railroad or electric company incorporated under the laws of this state acquires by purchase, lease, or otherwise the ownership or control of the generating plant or

THURSDAY, FEBRUARY 14, 2013

603

transmission line of a competing electric company in this state, in violation of Article III, Section VI, Paragraph V(c) of the Constitution of the State of Georgia,; or (3) Gas company incorporated under the laws of this state acquires by purchase, lease, or otherwise the ownership or control of the natural gas pipeline or distribution system of a competing gas company in this state, in violation of Article III, Section VI, Paragraph V(c) of the Constitution of the State of Georgia; the venue of an action brought against the railroad, or electric company, or gas company for the purpose of setting aside and having annulled such unlawful act of acquisition shall be in any county through which may run the line of railroad or in any county through which may run the transmission line of such electric company or in any county in which may be located the generating plant of such electric company or in any county through which may run the natural gas pipeline or distribution system so unlawfully acquired. (e) In any cause of action described in this Code section, any judgment rendered in any county other than one designated in this Code section shall be void. (f) The following electric companies shall be embraced within the venue provisions of this Code section shall apply to the following electric companies: (1) An electric company owning a generating plant in one county and having its situs or principal office either in some other county of this state or beyond the limits of this state; (2) An electric company operating a generating plant, whether under lease or otherwise, in one county and having its situs or principal office either in some other county of this state or beyond the limits of this state; (3) An electric company owning a transmission line located in one county and having its situs or principal office in some other county of this state or beyond the limits of this state; (4) An electric company operating, whether under lease or otherwise, a transmission line located in one county and having its situs or principal office in some other county of this state or beyond the limits of this state; (5) An electric company owning a transmission line located in, or extending through, more than one county; and (6) An electric company operating, whether under lease or otherwise, a transmission line located in or extending through more than one county. (g) The venue provisions of this Code section shall apply to the following gas companies: (1) A gas company owning a natural gas pipeline or distribution system located in one county and having its situs or principal office in some other county of this state or beyond the limits of this state; and (2) A gas company owning a natural gas pipeline or distribution system located in, or extending through, more than one county."

604

JOURNAL OF THE HOUSE

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to causes of actions arising on or after such effective date.

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

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston E Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
Williams, E Williamson Y Yates Ralston, Speaker

THURSDAY, FEBRUARY 14, 2013

605

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 80. By Representatives Rice of the 95th and Geisinger of the 48th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales; 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 revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental and leased motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for rental and leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales and leases; 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:

606

JOURNAL OF THE HOUSE

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and reports, as follows:
"48-5C-1. (a) As used in this Code section, the term:
(1) 'Fair market value of the motor vehicle' means: (A) The For a used motor vehicle, the greater of the retail selling price or, in the case of a lease of a used motor vehicle, the agreed upon value of the vehicle pursuant to the lease agreement or the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner in determining the taxable value of a motor vehicle under Code Section 48-5-442, less any reduction for the trade-in value of another motor vehicle and any rebate or any cash discounts provided by the selling dealer and taken at the time of sale. The retail selling price or agreed upon value shall include any charges for labor, freight, delivery, and similar charges and dealer add-ons and mark-ups, but shall not include any extended warranty or maintenance agreement itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately; (B) For a used motor vehicle which is not so listed in such current motor vehicle ad valorem assessment manual, the value retail selling price from the bill of sale or the value from a reputable used car market guide designated by the commissioner, whichever is greater, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle and any rebate or any cash discounts provided by the selling dealer and taken at the time of sale. In the case of a used car dealer, the value shall include any charges for labor, freight, delivery, and similar charges and dealer add-ons and mark-ups, but shall not include any extended warranty or maintenance agreement itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately; or (C) The fair market value determined by the state revenue commissioner from the bill of sale of a new motor vehicle for which there is no value under subparagraph (A) of this paragraph, less any rebate and before any reduction for the trade-in value of another motor vehicle. For a new motor vehicle, the greater of the retail selling price or, in the case of a lease of a new motor vehicle, the agreed upon value of the vehicle pursuant to the lease agreement or the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner in determining the taxable value of a motor vehicle under Code Section 48-5-442, less any reduction for the trade-in value of another motor vehicle and any rebate or any cash discounts provided by the selling dealer and taken at the

THURSDAY, FEBRUARY 14, 2013

607

time of sale. The retail selling price or agreed upon value shall include any charges for labor, freight, delivery, and similar charges and dealer add-ons and mark-ups, but shall not include any extended warranty or maintenance agreement itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately. (2) 'Immediate family member' means spouse, parent, child, sibling, grandparent, or grandchild. (3) 'Loaner vehicle' means a motor vehicle owned by a dealer which is withdrawn temporarily from dealer inventory for exclusive use as a courtesy vehicle loaned at no charge for a period not to exceed 30 days within a calendar year 366 day period to any one customer whose motor vehicle is being serviced by such dealer. (4) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease, including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales and use taxes. (5) 'Rental motor vehicle' means a motor vehicle designed to carry ten or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver. (6) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value. (7) 'Trade-in value' means the value of the motor vehicle as stated in the bill of sale for a vehicle which has been traded in to the dealer in a transaction involving the purchase of another vehicle from the dealer. (b)(1)(A) Except as otherwise provided in this subsection, any motor vehicle for which a title is issued in this state on or after March 1, 2013, shall be exempt from sales and use taxes to the extent provided under paragraph (92) (95) of Code Section 48-8-3 and shall not be subject to the ad valorem tax as otherwise required under Chapter 5 of Title 48 this title. Any such motor vehicle shall be titled as otherwise required under Title 40 but shall be subject to a state title fee and a local title fee which shall be alternative ad valorem taxes as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. Motor vehicles registered under the International Registration Plan shall not be subject to state and local title ad valorem tax fees but shall continue to be subject to apportioned ad valorem taxation under Article 10 of Chapter 5 of this title.
(B)(i) As used in this subparagraph, the term: (I) 'Local base amount' means $1 billion. (II) 'Local current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle local ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which

608

JOURNAL OF THE HOUSE

immediately precedes the tax year in which the title ad valorem tax adjustments are required to be made under this subparagraph. (III) 'Local target collection amount' means an amount equal to the local base amount added to the product of 2 percent of the local base amount multiplied by the number of years since 2012 with a maximum amount of $1.2 billion. (IV) 'State base amount' means $535 million. (V) 'State current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle state ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the state and local title ad valorem tax rate is to be reviewed for adjustment under division (xiv) of this subparagraph. Notwithstanding the other provisions of this subdivision to the contrary, the term 'state current collection amount' for the 2014 calendar year for the purposes of the 2015 review under division (xiv) of this subparagraph shall be adjusted so that such amount is equal to the amount of motor vehicle state ad valorem tax proceeds that would have been collected under this Code section in 2014 if the combined state and local title ad valorem tax rate was 7 percent of the fair market value of the motor vehicle less any trade-in value plus the total amount of motor vehicle state ad valorem tax proceeds collected under Chapter 5 of this title during 2014. (VI) 'State target collection amount' means an amount equal to the state base amount added to the product of 2 percent of the state base amount multiplied by the number of years since 2012. (ii) The combined state and local title ad valorem tax shall be at a rate equal to: (I) For the period commencing March 1, 2013, through December 31, 2013, 6.5 percent of the fair market value of the motor vehicle less any trade-in-value; (II) For the 2014 tax year, 6.75 percent of the fair market value of the motor vehicle less any trade-in value; and (III) Except as provided in division (xiv) of this subparagraph, for the 2015 and subsequent tax years, 7 percent of the fair market value of the motor vehicle less any trade-in value. (iii) For the period commencing March 1, 2013, through December 31, 2013, the state title ad valorem tax shall be at a rate equal to 57 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 43 percent of the tax rate specified in division (ii) of this subparagraph. (iv) For the 2014 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (v) For the 2015 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the

THURSDAY, FEBRUARY 14, 2013

609

local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (vi) For the 2016 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 53.5 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 46.5 percent of the tax rate specified in division (ii) of this subparagraph. (vii) For the 2017 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 44 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 56 percent of the tax rate specified in division (ii) of this subparagraph. (viii) For the 2018 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 40 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 60 percent of the tax rate specified in division (ii) of this subparagraph. (ix) For the 2019 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 36 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 64 percent of the tax rate specified in division (ii) of this subparagraph. (x) For the 2020 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 34 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 66 percent of the tax rate specified in division (ii) of this subparagraph. (xi) For the 2021 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 30 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 70 percent of the tax rate specified in division (ii) of this subparagraph. (xii) For the 2022 and all subsequent tax years, except as otherwise provided in division (xiii) of this subparagraph for tax years 2022, 2023, and 2024 and except as otherwise provided in division (xiv) of this subparagraph for tax year 2023, the state title ad valorem tax shall be at a rate equal to 28 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 72 percent of the tax rate specified in division (ii) of this subparagraph. (xiii) Beginning in 2016, by not later than January 15 of each tax year through the 2022 tax year, the state revenue commissioner shall determine the local target collection amount and the local current collection amount for the preceding calendar year. If such local current collection amount is equal to or within 1

610

JOURNAL OF THE HOUSE

percent of the local target collection amount, then the state title ad valorem tax rate and the local title ad valorem tax rate for such tax year shall remain at the rate specified in this subparagraph for that year. If the local current collection amount is more than 1 percent greater than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be reduced automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be increased by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. If the local current collection amount is more than 1 percent less than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be reduced by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. In the event of an adjustment of such ad valorem tax rates, by not later than January 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted rate amounts. The effective date of such adjusted rate amounts shall be January 1 of such tax year. (xiv) In tax years 2015, 2018, and 2022, by not later than July 1 of each such tax year, the state revenue commissioner shall determine the state target collection amount and the state current collection amount for the preceding calendar year. If such state current collection amount is greater than, equal to, or within 1 percent of the state target collection amount after making the adjustment, if any, required in division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall remain at the rate specified in such division. If the state current collection amount is more than 1 percent less than the state target collection amount after making the adjustment, if any, required by division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the state current collection amount would have produced an amount equal to the state target collection amount, and the state title ad valorem tax rate and the local title ad valorem tax rate for the tax year in which such increase in the combined state and local title ad valorem tax rate shall become effective shall be adjusted from the rates specified in this subparagraph or division (xiii) of this subparagraph for such tax year such that the proceeds from such increase in the

THURSDAY, FEBRUARY 14, 2013

611

combined state and local title ad valorem tax rate shall be allocated in full to the state. In the event of an adjustment of the combined state and local title ad valorem tax rate, by not later than August 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted combined state and local title ad valorem tax rate for the next calendar year. The effective date of such adjusted combined state and local title ad valorem tax rate shall be January 1 of the next calendar year. Notwithstanding the provisions of this division, the combined state and local title ad valorem tax rate shall not exceed 9 percent. (xv) The state revenue commissioner shall promulgate such rules and regulations as may be necessary and appropriate to implement and administer this Code section, including, but not limited to, rules and regulations regarding appropriate public notification of any changes in rate amounts and the effective date of such changes and rules and regulations regarding appropriate enforcement and compliance procedures and methods for the implementation and operation of this Code section. (C) The application for title and the state and local title ad valorem tax fees provided for in subparagraph (A) of this paragraph shall be paid to the tag agent in the county in which the purchaser registers such motor vehicle where the motor vehicle is to be registered and shall be paid at the time the purchaser applies for a title and registers such motor vehicle the application for a certificate of title is submitted or, in the case of an electronic title transaction, at the time when the electronic title transaction is finalized. In an electronic title transaction, the state and local title ad valorem tax fees shall be remitted electronically directly to the county tag agent. A dealer of new or used motor vehicles may accept such application for title and state and local title ad valorem tax fees on behalf of the purchaser of a new or used motor vehicle for the purpose of delivering submitting or, in the case of an electronic title application, finalizing such title application and remitting state and local title ad valorem tax fees to the county tag agent to obtain a tag and title for the purchaser of such motor vehicle. (D) There shall be a penalty imposed on any person who, in the determination of the commissioner, falsifies any information in any bill of sale used for purposes of determining the fair market value of the motor vehicle. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the commissioner. Such determination shall be made within 60 days of the commissioner receiving information of a possible violation of this paragraph. (E)(i) Except in the case in which an extension of the registration period has been granted by the county tag agent under Code Section 40-2-20, a A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and does not transmit submit or, in the case of an electronic title transaction, finalize such application for title and remit such state and local title ad valorem tax fees to the

612

JOURNAL OF THE HOUSE

county tag agent within 10 30 days following the date of purchase shall be liable to the county tag agent for an amount equal to 5 percent of the amount of such state and local title ad valorem tax fees. An additional penalty equal to 10 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 60 days following the date of purchase. An additional 5 percent penalty equal to 15 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 90 days following the date of purchase, and an additional penalty equal to 20 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 120 days following the date of purchase. An additional penalty equal to 25 percent of the amount of such state and local title ad valorem tax fees shall be imposed for each subsequent month 30 day period in which the payment is not transmitted. (F) A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and converts such fees to his or her own use shall be guilty of theft by conversion and, upon conviction, shall be punished as provided in Code Section 168-12. (2) A person or entity acquiring a salvage title pursuant to subsection (b) of Code Section 40-3-36 shall not be subject to the fee specified in paragraph (1) of this subsection but shall be subject to a state title ad valorem tax fee in an amount equal to 1 percent of the fair market value of the motor vehicle. Such state title ad valorem tax fee shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (c)(1) The amount of proceeds collected by tag agents each month as state and local title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest pursuant to subsection (b) of this Code section shall be allocated and disbursed as provided in this subsection. (2) For the 2013 tax year and in each subsequent tax year, the amount of such funds shall be disbursed within 30 20 days following the end of each calendar month as follows: (A) State title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest shall be remitted to the state revenue commissioner who shall deposit such proceeds in the general fund of the state less an amount to be retained by the tag agent not to exceed 1 percent of the total amount otherwise required to be remitted under this subparagraph to defray the cost of administration. Such retained amount shall be remitted to the collecting county's general fund. Failure by the tag agent to disburse within such 30 20 day period shall result in a forfeiture of such administrative fee plus interest on such amount at the rate specified in Code Section 48-2-40; and (B) Local title ad valorem tax fees, administrative fees, penalties, and interest shall be designated as local government ad valorem tax funds. The tag agent shall then distribute the proceeds as specified in paragraph (3) of this subsection.

THURSDAY, FEBRUARY 14, 2013

613

(3) The local title ad valorem tax fee proceeds required under this subsection shall be distributed as follows:
(A) The tag agent of the county shall within 30 20 days following the end of each calendar month allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county an amount of those proceeds necessary to offset any reduction in ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in the taxing jurisdiction of each governing authority and school district from the amount of ad valorem taxes on motor vehicles collected under Chapter 5 of Title 48 this title in each such governing authority and school district during the same calendar month of 2012. This reduction shall be calculated by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in that taxing jurisdiction in the same calendar month of 2012. In the event that the local title ad valorem tax fee proceeds are insufficient to fully offset such reduction in ad valorem taxes on motor vehicles, the tag agent shall allocate a proportionate amount of the proceeds to each governing authority and to the board of education of each such school district, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; and (B) Of the proceeds remaining following the allocation and distribution under subparagraph (A) of this paragraph, the tag agent shall allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county the remaining amount of those proceeds in the manner provided in this subparagraph. Such proceeds shall be deposited in the general fund of such governing authority or board of education and shall not be subject to any use or expenditure requirements provided for under any of the following described local sales and use taxes but shall be authorized to be expended in the same manner as authorized for the ad valorem tax revenues on motor vehicles under Chapter 5 of Title 48 this title which would otherwise have been collected for such governing authority or board of education. Of such remaining proceeds:
(i) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district and the board of education of each independent school district located in such county in the same manner as required for any local sales and use tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 this title currently in effect. If such tax is not currently in effect, such proceeds shall be distributed to such board or boards of education in the same manner as if such tax were in effect;

614

JOURNAL OF THE HOUSE

(ii)(I) Except as otherwise provided in this division, an amount equal to onethird of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect. (II) If such tax were never in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (III) If such tax is currently in effect as well as a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment, an amount equal to one-third of such proceeds shall be distributed in the same manner as required under subdivision (I) of this division and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district. (IV) If such tax is not currently in effect and a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment is currently in effect, such proceeds shall be distributed to the board of education of the county school district and the board of education of any independent school district in the same manner as required under that local constitutional amendment. (V) If such tax is not currently in effect and a homestead option sales and use tax under Article 2A of Chapter 8 of Title 48 this title is in effect, such proceeds shall be distributed to the governing authority of the county, each qualified municipality, and each existing municipality in the same proportion as otherwise required under Code Section 48-8-104; and (iii)(I) An amount equal to one-third of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under an intergovernmental agreement or as otherwise required under the county special purpose local option sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title currently in effect; provided, however, that this subdivision shall not apply if subdivision (III) of division (ii) of this subparagraph is applicable. (II) If such tax were in effect but expired and is not currently in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as if such tax were still in effect according to the intergovernmental agreement or as otherwise required under the county special purpose local sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title for the 12 month period commencing at the expiration of such tax. If

THURSDAY, FEBRUARY 14, 2013

615

such tax is not renewed prior to the expiration of such 12 month period, such amount shall be distributed in accordance with subdivision (I) of division (ii) of this subparagraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 this title is not in effect, such amount shall be distributed in accordance with subdivision (II) of division (ii) of this subparagraph. (III) If such tax is not currently in effect in a county in which a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, such proceeds shall be distributed to the governing body of the authority created by local Act to operate such metropolitan area system of public transportation. (IV) If such tax were never in effect, such proceeds shall be distributed in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect; provided, however, that if such tax under such article is not in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (d)(1)(A) Upon the death of an owner of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the death of an owner of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution.

616

JOURNAL OF THE HOUSE

(2)(A) Upon the transfer from an immediate family member of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members who receive such motor vehicle shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the transfer from an immediate family member of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member who receives such motor vehicle shall transfer title of such motor vehicle to such recipient family member and shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (C) Any title transfer under this paragraph shall be accompanied by an affidavit of the transferor and transferee that such persons are immediate family members to one another. There shall be a penalty imposed on any person who, in the determination of the state revenue commissioner, falsifies any material information in such affidavit. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the state revenue commissioner. Such determination shall be made within 60 days of the state revenue commissioner receiving information of a possible violation of this paragraph. (3) Any individual who: (A) Is required by law to register a motor vehicle or motor vehicles in this state which were registered in the state in which such person formerly resided; and (B) Is required to file an application for a certificate of title under Code Section 403-21 or 40-3-32 shall only be required to pay state and local title ad valorem tax fees in the amount of 50 percent of the amount which would otherwise be due and payable under this subsection at the time of filing the application for a certificate of title, and the remaining 50 percent shall be paid within 12 months. (4) The state and local title ad valorem tax fees provided for under this Code section shall not apply to corrected titles, replacement titles under Code Section 40-3-31, or titles reissued to the same owner pursuant to Code Sections 40-3-50 through 40-3-56. (5) Any motor vehicle subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section shall continue to be subject to the

THURSDAY, FEBRUARY 14, 2013

617

title, license plate, revalidation decal, and registration requirements and applicable fees as otherwise provided in Title 40 in the same manner as motor vehicles which are not subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (6) Motor vehicles owned or leased by or to the state or any county, consolidated government, municipality, county or independent school district, or other government entity in this state shall not be subject to the state and local title ad valorem tax fees provided for under paragraph (1) of subsection (b) of this Code section; provided, however, that such other government entity shall not qualify for the exclusion under this paragraph unless it is exempt from ad valorem tax and sales and use tax pursuant to general law.
(7)(A) Any motor vehicle which is exempt from sales and use tax pursuant to paragraph (30) of Code Section 48-8-3 shall be exempt from state and local title ad valorem tax fees under this subsection. (B) Any motor vehicle which is exempt from ad valorem taxation pursuant to Code Section 48-5-478, 48-5-478.1, 48-5-478.2, or 48-5-478.3 shall be exempt from state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (8) There shall be a penalty imposed on the transfer of all or any part of the interest in a business entity that includes primarily as an asset of such business entity one or more motor vehicles, when, in the determination of the state revenue commissioner, such transfer is done to evade the payment of state and local title ad valorem tax fees under this subsection. Such penalty shall not exceed $2,500.00 as a state penalty per motor vehicle and shall not exceed $2,500.00 as a local penalty per motor vehicle, as determined by the state revenue commissioner, plus the amount of the state and local title ad valorem tax fees. Such determination shall be made within 60 days of the state revenue commissioner receiving information that a transfer may be in violation of this paragraph. (9) Any owner of any motor vehicle who fails to submit within 30 days of the date such owner is required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees required under this Code section, plus and, if such state and local title ad valorem tax fees and the penalty are not paid within 60 days following the date such owner is required by law to register such vehicle, interest at the rate of 1.0 percent per month shall be imposed on the state and local title ad valorem tax fees due under this Code section, unless a temporary permit has been issued by the tax commissioner. The tax commissioner shall grant a temporary permit in the event the failure to timely apply for a first certificate of title is due to the failure of a lienholder to comply with Code Section 40-3-56, regarding release of a security interest or lien, and no penalty or interest shall be assessed. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-3-21 or 40-3-32, as applicable. A new or

618

JOURNAL OF THE HOUSE

used motor vehicle dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under this paragraph and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of this paragraph. (10) The owner of any motor vehicle purchased in this state for which a title was issued in this state on or after January 1, 2012, and prior to March 1, 2013, shall be authorized to opt in to the provisions of this subsection at any time prior to January 1 February 28, 2014, upon compliance with the following requirements:
(A)(i) The total amount of Georgia state and local title ad valorem tax fees which would be due from March 1, 2013, to December 31, 2013, if such vehicle had been titled in 2013 shall be determined; and (ii) The total amount of Georgia state and local sales and use tax and Georgia state and local ad valorem tax under Chapter 5 of Title 48 this title which were due and paid in 2012 for that motor vehicle and, if applicable, the total amount of such taxes which were due and paid for that motor vehicle in 2013 and 2014 shall be determined; and (B)(i) If the amount derived under division (i) of subparagraph (A) of this paragraph is greater than the amount derived under division (ii) subparagraph (A) of this paragraph, the owner shall remit the difference to the tag agent. Such remittance shall be deemed local title ad valorem tax fee proceeds; or (ii) If the amount derived under division (i) of subparagraph (A) of this paragraph is less than the amount derived under division (ii) of subparagraph (A) of this paragraph, no additional amount shall be due and payable by the owner. Upon certification by the tag agent of compliance with the requirements of this paragraph, such motor vehicle shall not be subject to ad valorem tax as otherwise required under Chapter 5 of Title 48 this title in the same manner as otherwise provided in paragraph (1) of subsection (b) of this Code section. (11)(A) In the case of rental motor vehicles owned by a rental motor vehicle concern, the state title ad valorem tax fee shall be in an amount equal to .75 .375 percent of the fair market value of the motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .75 .375 percent of the fair market value of the motor vehicle, but only if in the immediately prior calendar year the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was at least $400.00 as certified by the state revenue commissioner. If, in the immediately prior calendar year, the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was not at least $400.00, this paragraph shall not apply and such vehicles shall be subject to the state and local title ad valorem tax fees prescribed in division (b)(1)(B)(ii) of this Code section. (B) Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (12) A loaner vehicle shall not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section for a period of time not to

THURSDAY, FEBRUARY 14, 2013

619

exceed six months in a calendar year 366 days commencing on the date such loaner vehicle is withdrawn temporarily from inventory. Immediately upon the expiration of such six-month 366 day period, if the dealer does not return the loaner vehicle to inventory for resale, the dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under paragraph (9) of this subsection and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of paragraph (9) of this subsection. (13) Any motor vehicle which is donated to a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code for the purpose of being transferred to another person shall, when titled in the name of such nonprofit organization, not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section but shall be subject to state and local title ad valorem tax fees otherwise applicable to salvage titles under paragraph (2) of subsection (b) of this Code section.
(14)(A) A lessor of motor vehicles that leases motor vehicles for more than 31 consecutive days to lessees residing in this state shall register with the department. The department shall collect an annual fee of $100.00 for such registrations. Failure of a lessor to register under this subparagraph shall subject such lessor to a civil penalty of $2,500.00. (B) A lessee residing in this state who leases a motor vehicle under this paragraph shall register such motor vehicle with the tag agent in such lessee's county of residence within 30 days of the commencement of the lease of such motor vehicle or beginning residence in this state, whichever is later. (C) A lessor that leases a motor vehicle under this paragraph to a lessee residing in this state shall apply for a certificate of title in this state within 30 days of the commencement of the lease of such motor vehicle. (15) There shall be no liability for any additional state or local title ad valorem tax fees in any of the following title transactions: (A) The addition or substitution of lienholders on a motor vehicle title so long as the owner of the motor vehicle remains the same; (B) The acquisition of a bonded title by a person or entity pursuant to Code Section 40-3-28 if the title is to be issued in the name of such person or entity; (C) The acquisition of a title to a motor vehicle by a person or entity as a result of the foreclosure of a mechanic's lien pursuant to Code Section 40-3-54 if such title is to be issued in the name of such lienholder; (D) The acquisition of a title to an abandoned motor vehicle by a person or entity pursuant to Chapter 11 of this title if such person or entity is a manufacturer or dealer of motor vehicles and the title is to be issued in the name of such person or entity; (E) The obtaining of a title to a stolen motor vehicle by a person or entity pursuant to Code Section 40-3-43;

620

JOURNAL OF THE HOUSE

(F) The obtaining of a title by and in the name of a motor vehicle manufacturer, licensed distributor, licensed dealer, or licensed rebuilder for the purpose of resale or to obtain a corrected title, provided that the manufacturer, distributor, dealer, or rebuilder shall submit an affidavit in a form promulgated by the commissioner attesting that the transfer of title is for the purpose of accomplishing a resale or to correct a title only; (G) The obtaining of a title by and in the name of the holder of a security interest when a motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11 if such title is to be issued in the name of such security interest holder; and (H) The obtaining of a title by a person or entity for purposes of correcting a title, changing an odometer reading, or removing an odometer discrepancy legend, provided that, subject to subparagraph (F) of this paragraph, title is not being transferred to another person or entity. (16) It shall be unlawful for a person to fail to obtain a title for and register a motor vehicle in accordance with the provisions of this chapter. Any person who knowingly and willfully fails to obtain a title for or register a motor vehicle in accordance with the provisions of this chapter shall be guilty of a misdemeanor. (17) Any person who purchases a 1963 through 1985 model year motor vehicle for which such person obtains a title shall be subject to this Code section, but the state title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle. (e) The fair market value of any motor vehicle subject to this Code section shall be appealable in the same manner as otherwise authorized for a motor vehicle subject to ad valorem taxation under Code Section 48-5-450; provided, however, that the person appealing the fair market value shall first pay the full amount of the state and local title ad valorem tax prior to filing any appeal. If the appeal is successful, the amount of the tax owed shall be recalculated and, if the amount paid by the person appealing the determination of fair market value is greater than the recalculated tax owed, the person shall be promptly given a refund of the difference. (f) Beginning in 2014, on or before January 31 of each year, the department shall provide a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee showing the state and local title ad valorem tax fee revenues collected pursuant to this chapter and the motor vehicle ad valorem tax proceeds collected pursuant to Chapter 5 of this title during the preceding calendar year."
SECTION 2. Said title is further amended by revising paragraph (95) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(95) The sale or purchase of any motor vehicle titled in this state on or after March 1, 2013, pursuant to Code Section 48-5C-1. This Except as otherwise provided in this

THURSDAY, FEBRUARY 14, 2013

621

paragraph, this exemption shall not apply to leases or rentals of motor vehicles for periods of 31 or fewer consecutive days or to those sales and use taxes collected pursuant to subsection (d) of Code Section 48-8-241. Lease payments for a motor vehicle that is leased for more than 31 consecutive days for which a state and local title ad valorem tax is paid shall be exempt from sales and use taxes as provided for in this paragraph. No sales and use taxes shall be imposed upon state and local title ad valorem tax fees imposed pursuant to Chapter 5C of this title as a part of the purchase price of a motor vehicle or any portion of a lease or rental payment that is attributable to payment of state and local title ad valorem tax fees under Chapter 5C of this title."

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

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

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell Y Bennett N Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston E Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey E Randall Y Rice Y Riley Y Roberts

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch

622

JOURNAL OF THE HOUSE

Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Gordon Y Gravley Y Greene Y Gregory

Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo

Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

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

On the passage of the Bill, by substitute, the ayes were 159, nays 4.

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

Representative O`Neal of the 146th asked unanimous consent that HR 80 be immediately transmitted to the Senate.

It was so ordered.

HB 202. By Representatives Epps of the 144th, Roberts of the 155th and Shaw of the 176th:

A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, FEBRUARY 14, 2013

623

SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising subsection (d) of Code Section 32-2-41.2, relating to the development of benchmarks, reports, and value engineering studies by the Department of Transportation, to read as follows:
"(d) Value engineering studies shall be performed on all projects whose costs exceed $10 $50 million, except for any project procured in accordance with Code Sections 322-79, 32-2-80, and 32-2-81, and the director shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department."
SECTION 2. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 32-5-30, relating to the allocation of state and federal funds, budgeting periods, and reduction of funds, to read as follows:
"(a)(1) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any federal funds specifically designated for projects that have been earmarked by a member of Congress in excess of appropriated funds, shall be budgeted by the department over two successive budgeting periods every decade. However, such budgeting shall not include:
(A) Any federal funds specifically designated for projects that have been earmarked by a member of Congress in excess of appropriated funds; (B) Any funds for a project undertaken for purposes of providing for the planning, surveying, constructing, paving, and improving of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state; or (C) Any funds for a project undertaken for purposes of providing for the planning, surveying, constructing, paving, and improving of any part of the state designated freight corridor, when such designation is made by the director of planning with approval from a majority of the board."
SECTION 3. Said title is further amended by revising paragraph (3) of subsection (b) of Code Section 32-6-28, relating to permits for excess weight and dimensions, to read as follows:
"(3) Annual commercial wrecker emergency tow permit. Pursuant to this Code section, the commissioner may issue an annual permit for vehicles towing disabled, damaged, abandoned, or wrecked commercial vehicles, including combination vehicles, even though such wrecker or its load exceeds the maximum limits specified in this article. However, an An annual commercial wrecker emergency tow permit shall not authorize the operation of a vehicle:
(A) Whose single axle weight exceeds 21,000 25,000 pounds;

624

JOURNAL OF THE HOUSE

(B) Whose load on any one tandem axle exceeds 40,000 50,000 pounds and whose load on any secondary tandem axle exceeds 38,000 pounds; or (C) Whose total load length exceeds 125 feet."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 0.

THURSDAY, FEBRUARY 14, 2013

625

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 87. By Representatives Hightower of the 68th, Smith of the 70th, Powell of the 171st, Nix of the 69th, Cooke of the 18th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a restricted access community as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, is amended by revising Code Section 21-2-261.1, relating to boundary requirements for precincts, as follows:
"21-2-261.1. (a) All voting precincts established or altered under the provisions of this article shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; (1.1)(2) The boundaries of public parks; (1.2)(3) The boundaries of public school grounds; (1.3)(4) The boundaries of churches; or

626

JOURNAL OF THE HOUSE

(2)(5) The boundaries of counties and incorporated municipalities; or (6) The boundaries of restricted access residential communities. (b) The superintendent of a county or the governing authority of a municipality shall notify the board of registrars within ten days after such changes are adopted. (c) The superintendent of a county or the governing authority of a municipality shall file with the Secretary of State and the Legislative and Congressional Reapportionment Office: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) For precincts that use the boundaries of a restricted access residential community, a map clearly delineating the boundaries of the community and clearly depicting the streets contained within such community and a list of the streets within such community and the address ranges of such streets; and (6) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the this state."
SECTION 2. Said article is further amended by adding a new subsection (c) to Code Section 21-2-266, relating to polling places, to read as follows:
"(c) When the boundaries of a restricted access residential community are used as the boundaries for a precinct and a polling place is established within such restricted access residential community for the use of the voters in such precinct, such restricted access community and polling place shall be open to full and complete access by the public when such polling place is in use on the day of a general or special primary or general or special election, including the time while poll officers are setting up the polling place prior to the opening of the polls, the time while the polls are open, and the time while the poll officers are completing the tabulation of the votes, election paperwork, and similar functions after the close of the polls. Such restricted access community and polling place shall also be open to full and complete access by the election superintendent, investigators of the State Election Board, all affected candidates and their representatives, and the public in the event of a recount or recanvass of the votes cast in any primary or election involving such precinct and polling place conducted at such precinct and polling place. In addition, in the event of a contest or challenge to the results of any primary or election involving such precinct and polling place, the election superintendent, upon reasonable notice and at reasonable times, may require such restricted access community and polling place to be open to full and complete access by

THURSDAY, FEBRUARY 14, 2013

627

the election superintendent, investigators of the State Election Board, and all affected candidates and their representatives for the purpose of determining the issues involved in such contest or challenge."

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

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

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

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

Y Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell N Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce
Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas E Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd N Frazier N Frye Y Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre
Spencer Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Thomas, B Y Turner VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson

628

JOURNAL OF THE HOUSE

Y Coleman Y Cooke

Y Greene Y Gregory

Y Maxwell E Mayo

Y Sheldon Y Sims, B

Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 141, nays 20.

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

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

HR 362.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Kirby of the 114th, Anderson of the 92nd and others:

A RESOLUTION commending Alex Mann for placing third in the 20th International Environmental Project Olympiad and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 363.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Kirby of the 114th, Anderson of the 92nd and others:

A RESOLUTION commending Johnathan Davis and Crystal Brockington for placing second in the 20th International Environmental Project Olympiad and inviting them to be recognized by the House of Representatives; and for other purposes.

HR 364. By Representatives Gardner of the 57th and O`Neal of the 146th:

A RESOLUTION recognizing and commending Dr. Don Meck and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 365. By Representatives Gardner of the 57th and Golick of the 40th:

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

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

THURSDAY, FEBRUARY 14, 2013

629

HR 362 Do Pass HR 363 Do Pass

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

HR 149. By Representatives Holmes of the 129th and Yates of the 73rd:

A RESOLUTION recognizing and commending William Arthur Connelly on his significant accomplishments and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 362.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Kirby of the 114th, Anderson of the 92nd and others:

A RESOLUTION commending Alex Mann for placing third in the 20th International Environmental Project Olympiad and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 363.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Kirby of the 114th, Anderson of the 92nd and others:

A RESOLUTION commending Johnathan Davis and Crystal Brockington for placing second in the 20th International Environmental Project Olympiad and inviting them to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 366. By Representatives Randall of the 142nd, Beverly of the 143rd, Smyre of the 135th, Williams of the 168th and Brooks of the 55th:

A RESOLUTION recognizing and commending Reverend Dr. Al Sharpton on his outstanding public service; and for other purposes.

HR 367. By Representatives Hitchens of the 161st and Burns of the 159th:

A RESOLUTION recognizing and commending Tre' and Jenny Wilkins for founding the Catie Wilkins Memorial Fund through CURE Childhood Cancer; and for other purposes.

630

JOURNAL OF THE HOUSE

HR 368. By Representative Benton of the 31st:
A RESOLUTION commending Mrs. Lisa Simmons, East Jackson County Comprehensive High School's 2013 STAR Teacher; and for other purposes.
HR 369. By Representative Benton of the 31st:
A RESOLUTION commending Ms. Natalie Peterson, Jackson County Comprehensive High School's 2013 STAR Teacher; and for other purposes.
HR 370. By Representative Benton of the 31st:
A RESOLUTION commending Ms. Sarah Cosey, West Jackson County Middle School's 2013 Teacher of the Year and Jackson County System Teacher of the Year; and for other purposes.
HR 371. By Representative Benton of the 31st:
A RESOLUTION commending Sam Derochers, East Jackson County Comprehensive High School's 2013 STAR Student; and for other purposes.
HR 372. By Representative Benton of the 31st:
A RESOLUTION commending Caitlyn Martin, Jackson County Comprehensive High School's 2013 STAR Student; and for other purposes.
HR 373. By Representative Benton of the 31st:
A RESOLUTION commending the Georgia Civil War Commission; and for other purposes.
HR 374. By Representatives Jackson of the 128th, Williams of the 168th, Williams of the 87th, Frazier of the 126th, Holcomb of the 81st and others:
A RESOLUTION honoring the life and memory of Chief Warrant Officer Four Shawn Colin Adolphus, Sr.; and for other purposes.
HR 375. By Representatives Maxwell of the 17th, Braddock of the 19th, Gravley of the 67th and Alexander of the 66th:
A RESOLUTION commending Leadership Paulding 23; and for other purposes.

THURSDAY, FEBRUARY 14, 2013

631

HR 376. By Representatives McCall of the 33rd, Watson of the 172nd, Williams of the 119th and Black of the 174th:
A RESOLUTION recognizing Wednesday, February 20, 2013, as Alpha Gamma Rho Day at the state capitol; and for other purposes.
HR 377. By Representatives Nix of the 69th, Roberts of the 155th and Epps of the 144th:
A RESOLUTION honoring Mr. Wayne Marshall for his dedication to the environment and to the State of Georgia; and for other purposes.
HR 378. By Representatives Powell of the 32nd, Ralston of the 7th, Taylor of the 173rd, Atwood of the 179th, Lumsden of the 12th and others:
A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and recognizing Tuesday, March 12, 2013, as Police Chiefs and Heads of Law Enforcement Agencies Recognition Day at the capitol; and for other purposes.
HR 379. By Representatives McCall of the 33rd, Channell of the 120th and Fleming of the 121st:
A RESOLUTION commending the Kettle Creek Battlefield Association for its efforts to preserve and protect the land where the Battle of Kettle Creek was fought, promote awareness of the battle's importance in American history, and recognize the heroic actions of free and enslaved colonists of Wilkes County in support of American independence; and for other purposes.
HR 380. By Representatives Jordan of the 77th, Stephens of the 165th, Hugley of the 136th and Morgan of the 39th:
A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and recognizing February 21, 2013, as Alpha Phi Alpha Day at the state capitol; and for other purposes.
HR 381. By Representatives Gardner of the 57th and Stephenson of the 90th:
A RESOLUTION recognizing and commending Dr. Nadine Kaslow for her significant achievements; and for other purposes.

632

JOURNAL OF THE HOUSE

HR 382. By Representatives Gardner of the 57th and Stephenson of the 90th:
A RESOLUTION recognizing and commending Dr. Carol Webb for her significant achievements; and for other purposes.
HR 383. By Representative Channell of the 120th:
A RESOLUTION honoring and celebrating the tenth birthday of John Scott Shepherd, Jr.; and for other purposes.
HR 384. By Representatives Bennett of the 94th, Morgan of the 39th, Hugley of the 136th and Randall of the 142nd:
A RESOLUTION honoring the life and memory of Mrs. Juanita Orr during the February 18, 2013, Alpha Kappa Alpha day at the capitol; and for other purposes.
HR 385. By Representatives Kendrick of the 93rd and Harrell of the 106th:
A RESOLUTION recognizing the month of February, 2013, as African American History Month in the City of Snellville, Georgia; and for other purposes.
HR 386. By Representatives Gordon of the 163rd, Stephens of the 165th and Bryant of the 162nd:
A RESOLUTION commending Pastor Terrance LaVorn Burrell, Sr.; and for other purposes.
HR 387. By Representatives McCall of the 33rd, Kirby of the 114th, England of the 116th, Roberts of the 155th, Harden of the 148th and others:
A RESOLUTION commending the Georgia peanut industry and recognizing March 1, 2013, as Peanut Butter and Jelly Day at the capitol; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, February 19, 2013, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Tuesday, February 19, 2013.

TUESDAY, FEBRUARY 19, 2013

633

Representative Hall, Atlanta, Georgia

Tuesday, February 19, 2013

Nineteenth 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 Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J

Clark, V Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Dutton England Epps, C Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick E Gordon

Gravley Greene Gregory Hamilton Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Hugley Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin

Martin Maxwell Mayo Meadows Mitchell E Murphy E Neal Nimmer Nix O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick E Ramsey Randall Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sheldon Sims, B

Smith, E Smith, L Smith, M Smith, R E Smyre Spencer Stephens, M Stephens, R Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Watson, B Watson, S Welch Weldon Wilkerson E Wilkinson E Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

Due to a mechanical malfunction, Representative Waites of the 60th was not recorded on the attendance roll call. She wished to be recorded as present.

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

634

JOURNAL OF THE HOUSE

Representatives Coleman of the 97th, Ehrhart of the 36th, Floyd of the 99th, Howard of the 124th, Jacobs of the 80th, Jordan of the 77th, Morgan of the 39th, Morris of the 156th, Mosby of the 83rd, Oliver of the 82nd, Rice of the 95th, and Stephenson of the 90th.
They wished to be recorded as present.
Prayer was offered by Dr. John M. Brown, Jr., Pastor, Monticello First United Methodist Church, Monticello, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives Coverdell Legislative Office Building
Room 604-F Atlanta, Georgia 30334
Clerk of the House 309 State Capitol Building Atlanta, GA 30334
February 15, 2013
Dear Clerk Robbie Rivers,
I, Representative Michael Smith, am requesting an excused absence from the legislative session on February 11, 2013. I will be present on Tuesday, February 12, 2013 for the legislative session.
Thanking you in advance for your consideration in this matter.

TUESDAY, FEBRUARY 19, 2013

635

Sincerely,
/s/ Michael Smith
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 354. By Representatives Clark of the 101st, Coleman of the 97th, Tankersley of the 160th, Kaiser of the 59th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to revise terminology relating to early care and learning; to require the Department of Early Care and Learning to provide certain information to owners of early care and education programs; to authorize the department to administer certain programs; to expand the purposes of the "Georgia Professional Standards Act;"; to authorize the Professional Standards Commission to perform certain functions and services with respect to early care and education program personnel if funding is available; to provide for statutory construction; to amend various other titles of the O.C.G.A., for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 355. By Representatives Fleming of the 121st, Hitchens of the 161st, Tanner of the 9th, Pak of the 108th, Talton of the 147th and others:

636

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the death penalty, so as to add a statutory aggravating circumstance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 356. By Representatives Powell of the 32nd, Harbin of the 122nd, McCall of the 33rd, Hitchens of the 161st, Glanton of the 75th and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for the offense of unlawfully carrying a weapon into a secure airport area; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 357. By Representatives McCall of the 33rd, Burns of the 159th, England of the 116th, Greene of the 151st, Benton of the 31st and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to revise provisions relating to management of hazardous waste sites and provisions concerning the enrollment, participation, and administration of hazardous site remediation programs; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division and Environmental Advisory Council, so as to revise provisions relating to procedures for challenging certain agency actions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 358. By Representatives Dukes of the 154th and Dickerson of the 113th:
A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to prohibit motor vehicle insurance policies issued to motor carriers on or after October 1, 2013, from including a prohibition from rendering roadside assistance to other motorists; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 19, 2013

637

Referred to the Committee on Insurance.
HB 359. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, England of the 116th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 360. By Representatives Williams of the 168th, Stephens of the 164th, Pruett of the 149th, Ehrhart of the 36th and Abrams of the 89th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of taxes and taxation exemptions, so as to exempt from taxation the wages of certain employees responding to natural disasters; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 361. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; to repeal conflicting laws; and for other purposes.

638

JOURNAL OF THE HOUSE

Referred to the Committee on Industry and Labor.
HB 362. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13, 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 bonds for public works contracts, competitive award requirements, and 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 for an effective date and applicablity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 363. By Representatives Cooper of the 43rd, Knight of the 130th and Clark of the 101st:
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 lactation consultants; to provide for definitions; to provide for establishment of the Georgia Lactation Consultant Licensing Board; to provide for appointment, powers, and membership; to provide for licensure application and qualifications; to provide for license renewal; to provide for disciplinary actions; to provide for applicability of the Georgia Administrative Procedure Act; to provide for exemptions from licensure; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 364. By Representatives Strickland of the 111th, Rutledge of the 109th and Welch of the 110th:
A BILL to be entitled an Act to authorize the governing authority of the City of McDonough to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

TUESDAY, FEBRUARY 19, 2013

639

HB 365. By Representatives Hitchens of the 161st, Wilkinson of the 52nd, Atwood of the 179th, Lumsden of the 12th, Watson of the 166th and others:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to modify the definition of the term "passenger vehicle" to which the safety belt law applies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 366. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Fleming of the 121st, Atwood of the 179th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to clarify the application of provisions relating to disciplining certified officers and the requirements for certification of peace officers; to modify requirements for appointment or certification of persons as peace officers so as to allow for flexibility in taking the basic training examination; to provide for the automatic suspension of officers failing to obtain or report annual training requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 367. By Representatives Sharper of the 177th, Kidd of the 145th, Caldwell of the 20th, Smith of the 41st, Turner of the 21st and others:
A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising authorized by Code Sections 32-6-72 and 32-6-73 and multiple message signs on interstate system, primary highways, and other highways, so as to modify the distance within which certain signs may be erected near a public park, cemetery, or public recreation area; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 368. By Representatives Kelley of the 16th, Pak of the 108th, Lindsey of the 54th, Evans of the 42nd, Harrell of the 106th and others:

640

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records exempt from public disclosure, so as to exempt records of athletic or recreational programs that contain information on individuals under 18 years of age from being disclosed to the public unless certain information is redacted; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 369. By Representatives Fleming of the 121st, Oliver of the 82nd, Lindsey of the 54th, Harbin of the 122nd, Sims of the 123rd and others:
A BILL to be entitled an Act to amend Code Sections 15-11-28 and 19-7-1 of the Official Code of Georgia Annotated, relating to jurisdiction of juvenile court and in whom parental power lies and how such power is lost, respectively, so as to provide for termination of parental rights under certain circumstances; to change provisions relating to the exclusive original jurisdiction of juvenile court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 370. By Representatives Braddock of the 19th, Stephens of the 164th, Lindsey of the 54th, Maxwell of the 17th, Peake of the 141st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income taxes, so as to eliminate the classification of counties into tiers; to provide for a job tax credit to apply uniformly throughout the state; to repeal Code Section 50-16-41 of the Official Code of Georgia Annotated, relating to management and rental of public property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 371. By Representatives Harbin of the 122nd, Parsons of the 44th, Peake of the 141st, Harrell of the 106th and Williamson of the 115th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to define liquefied natural gas for motor fuel tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 19, 2013

641

Referred to the Committee on Ways & Means.
HB 372. By Representatives Coomer of the 14th, Evans of the 42nd, Carter of the 175th, Nimmer of the 178th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise eligibility for a HOPE grant at a technical college or university institution; to revise a provision relating to the submission of an annual request for funding for the Technical College System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 373. By Representative Rogers of the 29th:
A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to provide for separate chapters to regulate provisions relating to cemeteries and funerals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 374. By Representatives Williamson of the 115th and Clark of the 98th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions of law regarding state and local title ad valorem tax fees paid by dealers of used motor vehicles that directly finance the sale of used motor vehicles; to provide for the option of a used car dealer that directly finances the sale of a used motor vehicle to either pay the full amount of the state and local title ad valorem tax fees at the time of sale or pay 50 percent at the time of sale and 50 percent within 12 months of the date of sale; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 375. By Representative Williamson of the 115th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide

642

JOURNAL OF THE HOUSE

for cancellations under certain circumstances relating to policy terms that permit an audit or rate investigation and noncompliance by the insured; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

HB 376. By Representative Harden of the 148th:

A BILL to be entitled an Act to authorize the governing authority of the City of Hawkinsville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 377. By Representatives Mabra of the 63rd, Willard of the 51st, Ramsey of the 72nd and Rogers of the 10th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment, so as to change provisions relating to exemptions of pension or retirement funds or benefits; to provide for and revise definitions; to remove some references to federal law; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

HR 361. By Representatives Wilkerson of the 38th, Kaiser of the 59th, Fludd of the 64th, Mosby of the 83rd, Dukes of the 154th and others:

A RESOLUTION creating the House Local School Board Study Committee; and for other purposes.

Referred to the Committee on Education.

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

HB 335 HB 337 HB 339

HB 336 HB 338 HB 340

TUESDAY, FEBRUARY 19, 2013

643

HB 341 HB 343 HB 345 HB 347 HB 349 HB 351 HB 353 HR 360

HB 342 HB 344 HB 346 HB 348 HB 350 HB 352 HR 340 SB 91

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

Mr. Speaker:

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

HB 252 HB 253 HB 286

Do Pass Do Pass Do Pass

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

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

Mr. Speaker:

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

HB 319 HB 321 HB 334

Do Pass Do Pass Do Pass

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

644

JOURNAL OF THE HOUSE

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 161 Do Pass HB 175 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
Chairman
Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-Civil has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 126 Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
Chairman
Representative Knight of the 130th District, Chairman of the Special Committee on Small Business Development and Job Creation, submitted the following report:
Mr. Speaker:
Your Special Committee on Small Business Development and Job Creation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 83 Do Pass

TUESDAY, FEBRUARY 19, 2013

645

Respectfully submitted, /s/ Knight of the 130th
Chairman

Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HB 264 Do Pass, by Substitute HB 265 Do Pass, by Substitute

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

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 19, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 68 HB 182

Physicians; continuing education requirements licensed to practice orthotics or prosthetics; revise provisions (Substitute)(H&HS-Kidd-145th) Juvenile court administration; hearing on the order of an associate court judge; delete provisions (JuvJ-Weldon-3rd)

646

JOURNAL OF THE HOUSE

Modified Structured Rule

HB 124 HB 246

Local elections; votes cast for disapproval of Sunday alcohol sales by retailers shall not nullify prior election results; provide (Substitute)(RegIHarrell-106th) Georgia World Congress Center Authority; benefit programs to its officers, employees, and other agents; provide (Ins-Golick-40th)

Structured Rule

None

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

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

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

HB 319. By Representatives Beasley-Teague of the 65th and Fludd of the 64th:

A BILL to be entitled an Act to authorize the City of Fairburn to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

HB 321. By Representatives Beasley-Teague of the 65th and Fludd of the 64th:

A BILL to be entitled an Act to amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to remove the millage caps on ad valorem taxation of real and personal property; to repeal conflicting laws; and for other purposes.

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

TUESDAY, FEBRUARY 19, 2013

647

HB 334. By Representatives Kelley of the 16th and Battles of the 15th:

A BILL to be entitled an Act to provide a new charter for the City of Euharlee; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V
Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon E Dukes N Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick E Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Harbin
Y Harden Harrell
Y Hatchett N Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson N Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo

McCall Y Meadows Y Mitchell
Morgan Morris Mosby Y Murphy E Neal Y Nimmer Nix Y Oliver O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey Y Randall Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson E Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

648

JOURNAL OF THE HOUSE

On the passage of the Bills, the ayes were 149, nays 7.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 87. By Senators Ginn of the 47th, Wilkinson of the 50th and Harper of the 7th:
A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to marketing facilities, organizations, and programs, so as to repeal the roadside markets incentive program; to repeal conflicting laws; and for other purposes.
SB 97. By Senators Wilkinson of the 50th, Heath of the 31st and Ginn of the 47th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to create the Agricultural Commodity Commission for Beef; to provide for membership; to establish powers and limitations regarding assessments; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 26. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committee:

TUESDAY, FEBRUARY 19, 2013

649

SB 87. By Senators Ginn of the 47th, Wilkinson of the 50th and Harper of the 7th:
A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to marketing facilities, organizations, and programs, so as to repeal the roadside markets incentive program; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 97. By Senators Wilkinson of the 50th, Heath of the 31st and Ginn of the 47th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to create the Agricultural Commodity Commission for Beef; to provide for membership; to establish powers and limitations regarding assessments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Wilkinson of the 52nd, Smyre of the 135th, Jasperse of the 11th, Coomer of the 14th, Kendrick of the 93rd, Wilkerson of the 38th, Dickerson of the 113th, Clark of the 98th, Drenner of the 85th, and Henson of the 86th.
Pursuant to HR 149, the House recognized and commended William Arthur Connelly on his significant accomplishments and invited him to be recognized by the House of Representatives.
Pursuant to HR 362, the House commended Alex Mann for placing third in the 20th International Environmental Project Olympiad and invited him to be recognized by the House of Representatives.
Pursuant to HR 363, the House commended Johnathan Davis and Crystal Brockington for placing second in the 20th International Environmental Project Olympiad and invited them to be recognized by the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

650

JOURNAL OF THE HOUSE

HB 68. By Representative Kidd of the 145th:
A BILL to be entitled an Act to amend Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to revise provisions relating to continuing education requirements for persons licensed to practice orthotics or prosthetics; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to revise provisions relating to continuing education requirements for persons licensed to practice orthotics or prosthetics; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended by revising subsection (a) as follows:
"(a)(1) The board shall be authorized to require persons seeking renewal of a license, certificate, or permit under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. This paragraph shall not apply to respiratory care professionals, persons seeking renewal of certification as respiratory care professionals, clinical perfusionists, or persons seeking renewal of licensure as a clinical perfusionist, licensed orthotists or prosthetists, or persons seeking renewal of licensure as an orthotist or prosthetist.

TUESDAY, FEBRUARY 19, 2013

651

(2) The board shall be authorized to require persons seeking renewal of certification as respiratory care professionals under Article 6 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of certification as a respiratory care professional and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-143. (3) The board shall be authorized to require persons seeking renewal of licensure as clinical perfusionists under Article 7 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of licensure as a clinical perfusionist and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-172. (4) The board shall be authorized to require persons seeking renewal of licensure to practice orthotics or prosthetics under Article 8 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of licensure to practice orthotics or prosthetics and the categories in which these hours should be earned, however, the maximum number of hours of continuing education required for renewal of licensure shall not exceed 40 hours. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of subsection (a) of Code Section 4334-200."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey

Y Hamilton Harbin
Y Harden Y Harrell Y Hatchett

McCall Y Meadows Y Mitchell Y Morgan
Morris

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R

652

JOURNAL OF THE HOUSE

Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick E Gordon Y Gravley Y Greene Y Gregory

Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Mosby Y Murphy E Neal
Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson E Willard Y Williams, A Y Williams, C Y Williams, E 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.

HB 246. By Representatives Golick of the 40th, Smith of the 134th, Neal of the 2nd and Shaw of the 176th:

A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to provide benefit programs to its officers, employees, and other agents, including a retirement plan and a group insurance plan; to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to extend the option to elect coverage in the program to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 19, 2013

653

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V
Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner
Gasaway Y Geisinger Y Glanton Y Golick E Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson E Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 166, nays 1.

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

HB 182. By Representatives Weldon of the 3rd, Atwood of the 179th, Welch of the 110th, Allison of the 8th, Dutton of the 157th 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

654

JOURNAL OF THE HOUSE

administration, so as to delete provisions relative to a rehearing on the order of an associate juvenile court judge; to provide for the appointment of a judge pro tempore; 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 Abrams Y Alexander
Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick E Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy E Neal Y Nimmer Y Nix Y Oliver
O'Neal Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 166, nays 1.

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

TUESDAY, FEBRUARY 19, 2013

655

Representative Meadows of the 5th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Regulated Industries:
HB 124. By Representatives Harrell of the 106th, Taylor of the 79th, Powell of the 32nd, Fludd of the 64th, Cooke of the 18th and others:
A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that an election in which the votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:
SB 26. By Senators Staton of the 18th and Jones of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend the House substitute to SB 26 by revising lines 6 and 7 to read as follows: elections for the office of probate judge of Bibb County shall be nonpartisan elections; to provide for submission of this Act under
By revising line 16 to read as follows: nonpartisan elections shall be held on the election date provided for by said Code section
By revising lines 45 and 46 to read as follows: Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held on the election date provided for by said Code section immediately preceding expiration of the term of

656

JOURNAL OF THE HOUSE

By revising line 59 to read as follows: O.C.G.A. and shall be held on the election date provided for by said Code section immediately preceding the

Representative Peake of the 141st moved that the House agree to the Senate amendment to the House substitute to SB 26.

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black N Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson E Dollar N Douglas N Drenner Y Dudgeon E Dukes N Dunahoo Y Duncan N Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton
Gardner Y Gasaway Y Geisinger N Glanton Y Golick E Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

McCall Y Meadows N Mitchell N Morgan
Morris N Mosby N Murphy E Neal Y Nimmer Y Nix N Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion the ayes were 105, nays 62.

The motion prevailed.

TUESDAY, FEBRUARY 19, 2013

657

Pursuant to HR 211, the House recognized February 19, 2013, as Toccoa-Stephens County Day at the state capitol.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 390. By Representatives Rogers of the 10th, Hawkins of the 27th and Allison of the 8th:
A RESOLUTION commending the White County Color and Honor Guard and inviting its members to be recognized by the House of Representatives; and for other purposes.
HR 391. By Representative Waites of the 60th:
A RESOLUTION honoring the life and memory of Richard Joseph "Joey" Halford and inviting his family members to be recognized by the House of Representatives; and for other purposes.
HR 392. By Representative Waites of the 60th:
A RESOLUTION honoring the life and memory of Shawn Antonio Smiley and inviting his family members to be recognized by the House of Representatives; and for other purposes.
HR 393. By Representatives Dickerson of the 113th, Hugley of the 136th, Stephenson of the 90th, Dawkins-Haigler of the 91st and Smith of the 125th:
A RESOLUTION commending Ms. Lin Seahorn and inviting her to appear before the House of Representatives; and for other purposes.
HR 394. By Representatives Dickerson of the 113th, Hugley of the 136th, Stephenson of the 90th, Dawkins-Haigler of the 91st and Smith of the 125th:
A RESOLUTION recognizing Montlick & Associates and inviting its team members to appear before the House of Representatives; and for other purposes.
HR 395. By Representatives Dickerson of the 113th, Hugley of the 136th, Stephenson of the 90th, Dawkins-Haigler of the 91st and Smith of the 125th:
A RESOLUTION commending Edward Earl Reed, Jr., and inviting him to appear before the House of Representatives; and for other purposes.

658

JOURNAL OF THE HOUSE

HR 396. By Representatives Taylor of the 79th, Jacobs of the 80th and Henson of the 86th:

A RESOLUTION honoring the life and memory of Charles Wittenstein and inviting his family members to be recognized by the House of Representatives; and for other purposes.

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

HR 176 HR 178 HR 180 HR 220

Do Pass Do Pass Do Pass Do Pass

HR 177 HR 179 HR 191 HR 300

Do Pass Do Pass Do Pass Do Pass

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

HR 176. By Representatives Bruce of the 61st, Dawkins-Haigler of the 91st, Frazier of the 126th, Scott of the 76th, Jones of the 62nd and others:

A RESOLUTION recognizing and commending Susan J. Ross and inviting her to be recognized by the House of Representatives; and for other purposes.

HR 177. By Representatives Bruce of the 61st, Dawkins-Haigler of the 91st, Frazier of the 126th, Scott of the 76th, Jones of the 62nd and others:

A RESOLUTION recognizing and commending Clyde Bradley on his outstanding accomplishments and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 178. By Representatives Bruce of the 61st, Dawkins-Haigler of the 91st, Frazier of the 126th, Scott of the 76th, Jones of the 62nd and others:

A RESOLUTION recognizing and commending Arthur "Bud" Smith on his outstanding accomplishments and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 179. By Representatives Bruce of the 61st, Jones of the 62nd, Frazier of the 126th, Scott of the 76th, Dawkins-Haigler of the 91st and others:

TUESDAY, FEBRUARY 19, 2013

659

A RESOLUTION recognizing and commending Horace Henry and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 180. By Representatives Bruce of the 61st, Dawkins-Haigler of the 91st, Frazier of the 126th, Scott of the 76th, Jones of the 62nd and others:
A RESOLUTION recognizing and commending Jim Alexander and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 191. By Representatives Rice of the 95th, Marin of the 96th, England of the 116th, Pak of the 108th, Harrell of the 106th and others:
A RESOLUTION congratulating the Norcross Blue Devils football team on their 2012 Class AAAAAA State Championship win and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 220. By Representatives Dickson of the 6th, Broadrick of the 4th and Neal of the 2nd:
A RESOLUTION recognizing and commending the Northwest Whitfield County High School Lady Bruins softball team on their 2012 GHSA Class AAAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 300. By Representatives Jackson of the 128th, Frazier of the 126th, Hatchett of the 150th, Bentley of the 139th, Williams of the 168th and others:
A RESOLUTION commending the Georgia Rural Health Association, recognizing February 20, 2013, as Rural Health Day at the state capitol, and inviting GRHA members to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 397. By Representative Tanner of the 9th:
A RESOLUTION recognizing and commending Matthew Kent Dudley; and for other purposes.

660

JOURNAL OF THE HOUSE

HR 398. By Representative Tanner of the 9th:
A RESOLUTION recognizing and commending Austin Reid Little; and for other purposes.
HR 399. By Representative Tanner of the 9th:
A RESOLUTION recognizing and commending Jordan Tyler Wallace; and for other purposes.
HR 400. By Representatives Douglas of the 78th, Mabra of the 63rd, Stovall of the 74th, Scott of the 76th and Glanton of the 75th:
A RESOLUTION recognizing and commending Greater St. Peter A.M.E. Church at River's Edge on the occasion of its 100th anniversary; and for other purposes.
HR 401. By Representative Cheokas of the 138th:
A RESOLUTION commending the Georgia Airports Association and its leadership; Robert Mohl, Hope Macaluso, Mario Evans, Colette Edmisten, Mike Mathews, and Blake Swafford, and recognizing February 21, 2013, as Legislative Fly-In at the capitol; and for other purposes.
HR 402. By Representative Holcomb of the 81st:
A RESOLUTION honoring the life and memory of Mr. Oliver Lee; and for other purposes.
HR 403. By Representatives Rogers of the 10th and Hightower of the 68th:
A RESOLUTION commending the Alpha Zeta chapter of the Chi Phi fraternity at the University of West Georgia on its 40th anniversary; and for other purposes.
HR 404. By Representative Harden of the 148th:
A RESOLUTION recognizing and commending Miss Carol Anne Mitchell, 2013 Georgia Watermelon Queen; and for other purposes.

TUESDAY, FEBRUARY 19, 2013

661

HR 405. By Representatives Mabra of the 63rd and Fludd of the 64th:
A RESOLUTION recognizing and commending This Is It! BBQ & Seafood; and for other purposes.
HR 406. By Representative Scott of the 76th:
A RESOLUTION honoring the life and memory of Mrs. Vivian E. Long; and for other purposes.
HR 407. By Representatives Jones of the 47th, Dudgeon of the 25th, Brockway of the 102nd, Mabra of the 63rd, Gasaway of the 28th and others:
A RESOLUTION recognizing February 22, 2013, as Engineering Day at the state capitol; and for other purposes.
HR 408. By Representative Harrell of the 106th:
A RESOLUTION recognizing and commending Courtney Sievers on her outstanding achievements; and for other purposes.
HR 409. By Representatives Douglas of the 78th, Mabra of the 63rd, Stovall of the 74th, Scott of the 76th and Glanton of the 75th:
A RESOLUTION honoring the life and memory of Sean Louis Callahan; and for other purposes.
Representative Lindsey of the 54th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

662

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Wednesday, February 20, 2013

Twentieth Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague E Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V

Coleman Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, C Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L E Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Martin

Maxwell Mayo E McCall Mitchell Morgan Mosby Murphy E Neal Nimmer Nix Oliver O'Neal Pak Parrish Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Riley Roberts Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sheldon Sims, B Smith, E

Smith, L E Smith, M
Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Ehrhart of the 36th, Floyd of the 99th, Houston of the 170th, Jordan of the 77th, Meadows of the 5th, Morris of the 156th, Parsons of the 44th, Rice of the 95th, Rogers of the 29th, and Sims of the 169th.

WEDNESDAY, FEBRUARY 20, 2013

663

They wished to be recorded as present.
Prayer was offered by The Right Reverend Robert Wright, The Episcopal Diocese of Atlanta, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 378. By Representatives Hitchens of the 161st, Cheokas of the 138th, Tanner of the 9th, Wilkinson of the 52nd, Pruett of the 149th and others:
A BILL to be entitled an Act to amend Titles 34, 38, 45, and 50 of the O.C.G.A., relating to labor and industrial relations, to the military, emergency management, and veterans affairs, to public officers and employees, and to state government, respectively, so as to eliminate the licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams, and individuals by the director of the Georgia

664

JOURNAL OF THE HOUSE

Emergency Management Agency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 379. By Representatives Scott of the 76th, Jordan of the 77th, Beasley-Teague of the 65th and Brooks of the 55th:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings relative to landlords and tenants, so as to provide for the storage of a tenant's personal property for two weeks after the execution of a writ of possession; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 380. By Representatives Riley of the 50th, Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor and funding agent of such plan; to provide for the administration of the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 381. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Smith of the 70th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, organize volunteer services, and cooperate with government entities and civic organizations, so as to revise provisions relative to department creation and

WEDNESDAY, FEBRUARY 20, 2013

665

operation of a nonprofit corporation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 382. By Representatives Powell of the 171st, Lindsey of the 54th, Ehrhart of the 36th, Allison of the 8th, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity; to provide for definitions; to provide for specifications for a recreational joint-use agreement; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 383. By Representatives O`Neal of the 146th, Epps of the 144th, Dickey of the 140th, Talton of the 147th and Harden of the 148th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to revise the qualifications for candidates for mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 384. By Representatives Roberts of the 155th, England of the 116th, Houston of the 170th and Watson of the 172nd:
A BILL to be entitled an Act to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governing bodies and crossing streets under jurisdiction of the Department of Transportation, so as to modify provisions relating to a local governing authority designating public streets or portions thereof that are under its jurisdiction for the combined use of motorized carts and regular vehicular traffic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.

666

JOURNAL OF THE HOUSE

HB 385. By Representative Battles of the 15th:
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.
Referred to the Committee on Retirement.
HB 386. By Representative Battles of the 15th:
A BILL to be entitled an Act to amend Code Section 47-3-1, relating to definitions relative to the Teachers Retirement System of Georgia, so as to define a certain term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 387. By Representatives Bruce of the 61st, Marin of the 96th, Smyre of the 135th, Frazier of the 126th and Abrams of the 89th:
A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to define certain terms; to create the Division of Minority and Women's Business Development; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 388. By Representative Talton of the 147th:
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 increase the fee retained by county tag agents who process motor vehicle title applications on behalf of the Department of Revenue; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 389. By Representatives Taylor of the 173rd, Smith of the 134th, Meadows of the 5th, Shaw of the 176th, Rogers of the 29th and others:

WEDNESDAY, FEBRUARY 20, 2013

667

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to sunset requirements to provide conversion and enhanced conversion rights and coverage; to add new provisions allowing for the discontinuance of conversion and enhanced conversion coverage; to sunset certain provisions related to the assignment system; to add new provisions allowing for the discontinuance of assignment system benefit plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 390. By Representatives Mayo of the 84th, Mitchell of the 88th, Drenner of the 85th and Williams of the 87th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional exemption to the ceiling on local sales and use taxes which may be levied by a political subdivision; to provide for a maximum period of time certain local sales and use taxes may be levied; to provide for the disbursement of tax proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 391. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise the time by which dealers of motor vehicles are required to transmit applications for title and state and local title ad valorem tax fees to the county tag agent; to revise provisions of law regarding state and local title ad valorem tax fees paid by dealers of used motor vehicles that directly finance the sale of used motor vehicles; to provide for credits for or refunds of that portion of state and local title ad valorem tax fees that is applicable to the unpaid balance of the contract in certain circumstances when the motor vehicle is repossessed by the dealer; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

668

JOURNAL OF THE HOUSE

HB 392. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, furnishing of receipt to person posting bond, recordation of receipt of bond on docket, and disposal of unclaimed bonds, so as to provide for the release of unclaimed bonds one year after surety is released; to provide for notice to the officer in possession of the cash bond; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 393. By Representatives Hamilton of the 24th, Lindsey of the 54th, Carter of the 175th, Hatchett of the 150th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 34 of the O.C.G.A., relating to the Georgia Workforce Investment Board, to provide for powers and duties of the Georgia Workforce Investment Board; to provide for its meetings and chairperson; to provide for certain priorities of service; to provide for local workforce investment areas; to provide for local workforce investment boards and their composition, officers, meetings, powers, duties, and immunities; to provide for certification and funding and budgets; to provide for contracts and limitations with regard thereto; to provide for sanctions for nonperformance and lack of fiscal responsibility; to provide for the delivery of certain services and limitations thereon; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 394. By Representatives Hill of the 22nd, Powell of the 32nd, Taylor of the 173rd, Talton of the 147th, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize members of the General Assembly to be able to carry firearms on government and other properties; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.

WEDNESDAY, FEBRUARY 20, 2013

669

HB 395. By Representatives Shaw of the 176th, Stephens of the 164th, England of the 116th, Knight of the 130th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to establish qualified lowincome community investment; to provide a short title; to provide definitions; to provide that certain entities may earn credit against state premium tax liability; to provide for certification of qualified equity investments; to provide for recapture of credit claimed under certain circumstances; to provide for certain refundable fees; to provide for a retaliatory tax; to provide for decertification; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 396. By Representatives Shaw of the 176th, Williamson of the 115th, Smith of the 134th, Lumsden of the 12th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide that certain applicants renewing an application for a license under this chapter shall not be required to resubmit United States citizenship verification upon renewal of such license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 397. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Code Section 15-11-94 and Title 19 of the Official Code of Georgia Annotated, relating to grounds for termination of parental rights and domestic relations, respectively, so as to provide for additional grounds for terminating parental rights; to provide for circumstances when visitation rights shall be denied; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 398. By Representatives Maxwell of the 17th, Channell of the 120th, Stephens of the 164th, Clark of the 101st, Martin of the 49th and others:

670

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions unlawful, so as to authorize licensed personal care homes and community living arrangements to use certain terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 399. By Representatives Knight of the 130th, Hamilton of the 24th, Stephens of the 165th, Kaiser of the 59th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Titles 6 and 48 of the Official Code of Georgia Annotated, relating to aviation and revenue and taxation, respectively, so as to clarify which type of interests in real property may be subject to ad valorem taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 400. By Representative Sims of the 169th:
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 repeal certain provisions relating to population brackets and the census; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 401. By Representative Stovall of the 74th:
A BILL to be entitled an Act to create the Metropolitan Atlanta Aerotropolis Development Authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 402. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to revise various provisions relative to shore protection and coastal marshlands protection; to revise and add definitions; to establish authority and powers of the Department of Natural Resources; to revise

WEDNESDAY, FEBRUARY 20, 2013

671

provisions relating to permit activities and procedures; to repeal provisions relating to local shore assistance programs; to provide for marine contractor licenses; to repeal provisions relating to the leasing of state-owned marshland or water bottoms; to provide for applicability; to strike obsolete language and correct cross-references; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 403. By Representatives Carter of the 175th, Shaw of the 176th, Meadows of the 5th, Powell of the 171st, Sharper of the 177th and others:
A BILL to be entitled an Act to amend Code Section 48-8-200 of the Official Code of Georgia Annotated, relating to definitions regarding a water and sewer projects and costs tax, so as to redefine the term municipality; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 388. By Representative Parrish of the 158th:
A RESOLUTION honoring the life of Special Agent Garland E. Fields and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 389. By Representatives Atwood of the 179th, Smith of the 134th, Parrish of the 158th, Channell of the 120th, Harden of the 148th and others:
A RESOLUTION requesting the repeal of the $100 billion federal sales tax on health insurance imposed by the Affordable Care Act; and for other purposes.
Referred to the Committee on Insurance.
HR 410. By Representatives Glanton of the 75th, Roberts of the 155th, Williams of the 168th, Clark of the 101st, Dawkins-Haigler of the 91st and others:
A RESOLUTION requesting that the International Olympic Committee keep wrestling in the Olympic Games after the 2016 Olympics in Rio de Janeiro, Brazil; and for other purposes.

672

JOURNAL OF THE HOUSE

Referred to the Committee on Governmental Affairs.

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

HB 354 HB 356 HB 358 HB 360 HB 362 HB 364 HB 366 HB 368 HB 370 HB 372 HB 374 HB 376 HR 361 SB 97

HB 355 HB 357 HB 359 HB 361 HB 363 HB 365 HB 367 HB 369 HB 371 HB 373 HB 375 HB 377 SB 87

Representative Harden of the 148th District, Vice-Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:

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

HB 298 Do Pass

Respectfully submitted, /s/ Harden of the 148th
Vice-Chairman

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

Mr. Speaker:

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

WEDNESDAY, FEBRUARY 20, 2013

673

HB 70 HB 244 HB 283

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

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

Representative Burns of the 159th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

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

HB 274 Do Pass, by Substitute

Respectfully submitted, /s/ Burns of the 159th
Chairman

Representative Rogers of the 29th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

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

HB 184 Do Pass, by Substitute HB 293 Do Pass

Respectfully submitted, /s/ Rogers of the 29th
Chairman

Representative Smith of the 134th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

674

JOURNAL OF THE HOUSE

Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 179 Do Pass, by Substitute HB 312 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 134th
Chairman
Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 242 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
Chairman
Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 316 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 32nd
Chairman

WEDNESDAY, FEBRUARY 20, 2013

675

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 207 HR 282 HR 283

Do Pass Do Pass Do Pass

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 266 Do Pass, by Substitute

Respectfully submitted, /s/ Channell of the 120th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 20, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 160

Mortgages; vacant and foreclosed real property registries; revise provisions (Substitute)(Judy-Jacobs-80th)

676

JOURNAL OF THE HOUSE

HB 208 HB 209

Nursing homes; annually offer influenza vaccinations to health care workers and other employees; require (Substitute)(H&HS-Watson-166th) Pharmacists and pharmacies; revise definition of "security paper"; revise requirements (H&HS-Watson-166th)

Modified Structured Rule

HB 122
HB 178 HB 235

Sexual Offender Registration Review Board; review and utilize records of Board of Pardons and Paroles in making assessments; authorize (Substitute)(JudyNC-Tanner-9th) Georgia Pain Management Clinic Act; enact (Substitute)(H&HS-Weldon3rd) Optometrists; revise definition of optometry; remove certain exemption (Substitute)(Ins-Ehrhart-36th)

Structured Rule

None

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

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

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

Mr. Speaker:

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

SB 81. By Senators Wilkinson of the 50th and Gooch of the 51st:

A BILL to be entitled an Act to amend Code Section 12-6-152 of the Official Code of Georgia Annotated, relating to prohibited acts regarding harvesting ginseng, so as to shorten the legal season for harvesting ginseng; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 117. By Senators Jeffares of the 17th, Tippins of the 37th, Murphy of the 27th, Mullis of the 53rd, Gooch of the 51st and others:

WEDNESDAY, FEBRUARY 20, 2013

677

A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the O.C.G.A., relating to blasting or excavating near utility facilities, so as to revise and add definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 81. By Senators Wilkinson of the 50th and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 12-6-152 of the Official Code of Georgia Annotated, relating to prohibited acts regarding harvesting ginseng, so as to shorten the legal season for harvesting ginseng; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 117. By Senators Jeffares of the 17th, Tippins of the 37th, Murphy of the 27th, Mullis of the 53rd, Gooch of the 51st and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the O.C.G.A., relating to blasting or excavating near utility facilities, so as to revise and add definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Clark of the 98th, Fleming of the 121st, Rogers of the 10th, Gasaway of the 28th, Dickey of the 140th, Hugley of the 136th, Maxwell of the 17th, Braddock of the 19th, Alexander of the 66th, Drenner of the 85th, Coleman of the 97th, Powell of the 32nd, Kirby of the 114th, Williamson of the 115th, Black of the 174th, Watson of the 172nd, and Williams of the 119th.
Pursuant to HR 220, the House recognized and commended the Northwest Whitfield County High School Lady Bruins softball team on their 2012 GHSA Class AAAA State Championship and invited them to be recognized by the House of Representatives.
Pursuant to HR 191, the House congratulated the Norcross Blue Devils football team on their 2012 Class AAAAAA State Championship win and invited them to be recognized by the House of Representatives.

678

JOURNAL OF THE HOUSE

Pursuant to HR 176, the House recognized and commended Susan J. Ross and invited her to be recognized by the House of Representatives.
Pursuant to HR 177, the House recognized and commended Clyde Bradley on his outstanding accomplishments and invited him to be recognized by the House of Representatives.
Pursuant to HR 178, the House recognized and commended Arthur "Bud" Smith on his outstanding accomplishments and invited him to be recognized by the House of Representatives.
Pursuant to HR 179, the House recognized and commended Horace Henry and invited him to be recognized by the House of Representatives.
Pursuant to HR 180, the House recognized and commended Jim Alexander and invited him to be recognized by the House of Representatives.
Pursuant to HR 300, the House commended the Georgia Rural Health Association, recognizing February 20, 2013, as Rural Health Day at the state capitol, and invited GRHA members to be recognized by the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 160. By Representatives Jacobs of the 80th, Welch of the 110th, Oliver of the 82nd, Lindsey of the 54th, Weldon of the 3rd 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 to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a future conveyance except under limited circumstances; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a

WEDNESDAY, FEBRUARY 20, 2013

679

future conveyance except under limited circumstances; to provide for a definition; 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 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, is amended by revising paragraph (3) of subsection (a) and subparagraph (e)(1)(B) of Code Section 44-14-14, relating to vacant and foreclosed real property registries, as follows:
"(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."
"(B) The deed is filed with the clerk of superior court within 60 days of the transfer foreclosure sale or transfer of the deed in lieu of foreclosure; and"
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"44-14-15. (a) As used in this Code section, the term 'conveyance of real property' means a conveyance or other transfer of an interest or estate in real property. (b) A restriction or covenant running with the land applicable to the conveyance of real property that requires a transferee or transferor of real property, or the transferee's or transferor's heirs, successors, or assigns, to pay a declarant, other person imposing the restriction or covenant on the property, or a third party designated by such declarant or other person, or a successor, assignee, or designee of such declarant, third party, or other person, a fee in connection with a future transfer of the property shall be prohibited. A restriction or covenant running with the land that violates this Code section or a lien purporting to encumber the land to secure a right under a restriction or covenant running with the land that violates this Code section shall be void and unenforceable. (c) This Code section shall not apply to a restriction or covenant that requires a fee associated with the conveyance of real property to be paid to:
(1) An association formed for the purposes of exercising the powers of the association of any condominium created pursuant to Article 3 of Chapter 3 of this title, the 'Georgia Condominium Act'; (2) A property owners' association formed for the purposes of exercising the powers of the property owners' association pursuant to Article 6 of Chapter 3 of this title, the 'Georgia Property Owners' Association Act';

680

JOURNAL OF THE HOUSE

(3) A property owners' association formed for the purposes of exercising the powers of an association of property owners that has not been formed pursuant to or which has not adopted the provisions of Article 6 of Chapter 3 of this title, the 'Georgia Property Owners' Association Act,' provided that such association shall comply with subsection (d) of Code Section 44-3-232; (4) A person or entity under the general supervision of the Public Service Commission as provided for in subsection (a) of Code Section 46-2-20, provided that such fee is charged for expenses incurred in the administration of ongoing services or rights provided to the property interest conveyed; or (5) A community land trust or community development corporation that is taxexempt under Section 501(c)(3) of the federal Internal Revenue Code, provided that such fee is charged for and applied to expenses incurred in the administration of ongoing community program services or rights provided to shared equity property interests within, as applicable, the land subject to the community land trust or the geographic area served by the community development corporation."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 2 of this Act shall apply to covenants recorded 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson E Dollar Y Douglas
Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill E Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nimmer E Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A

N Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley

WEDNESDAY, FEBRUARY 20, 2013

681

Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 2.

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

HB 208. By Representatives Watson of the 166th, Lindsey of the 54th, Carter of the 175th, Cooper of the 43rd, Pak of the 108th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require nursing homes to annually offer influenza vaccinations to its health care workers and other employees; 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 Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require nursing homes to annually offer influenza vaccinations to its health care workers and other employees; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

682

JOURNAL OF THE HOUSE

SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code section to read as follows:
"31-7-19. (a) Each nursing home shall annually offer on site to its health care workers and other employees who have direct contact with patients, at no cost, vaccinations for the influenza virus in accordance with the recommendations of the Centers for Disease Control and Prevention, subject to availability of the vaccine. Each nursing home shall keep on record a signed statement from each such health care worker and employee stating that he or she has been offered vaccination against the influenza virus and has either accepted or declined such vaccination. A nursing home may offer to its health care workers and other employees who have direct contact with patients any other vaccination required or recommended by, and in accordance with the recommendations of, the Centers for Disease Control and Prevention, which may be offered or administered pursuant to standing orders approved by the nursing home's medical staff to ensure the safety of employees, patients, visitors, and contractors. (b) A nursing home or health care provider acting in good faith and in accordance with generally accepted health care standards applicable to such nursing home or health care provider shall not be subject to administrative, civil, or criminal liability or to discipline for unprofessional conduct for complying with the requirements of this Code section. (c) The failure on the part of a nursing home to comply with the provisions of this Code section shall not subject such nursing home to any civil or criminal liability."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Watson of the 166th and Lindsey of the 54th offer the following amendment:
Amend the House Committee on Health and Human Services substitute to HB 208 (LC 33 5027S) by striking lines 28 and 29 and by inserting quotation marks at the end of line 27.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 20, 2013

683

Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway
Brooks Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter N Casas Y Chandler Y Channell N Chapman Y Cheokas N Clark, J Y Clark, V Coleman N Cooke

N Coomer Y Cooper
Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson E Dollar N Douglas N Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene N Gregory

N Hamilton Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower N Hill E Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L E Jones, S
Jordan Y Kaiser N Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey Y Lumsden N Mabra Y Marin N Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy E Neal Y Nimmer E Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J N Pruett N Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T Y Rutledge Y Rynders N Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner N Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 40.

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

HB 178. By Representatives Weldon of the 3rd, Cooper of the 43rd, Taylor of the 79th, Channell of the 120th, Parrish of the 158th 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 require the licensure of pain

684

JOURNAL OF THE HOUSE

management clinics; to provide for requirements for licensure; to provide for denial, suspension, and revocation of licenses; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management; to enact the "Georgia Pain Management Clinic Act"; to provide for legislative intent; to require the licensure of pain management clinics; to provide for definitions; to provide for requirements for licensure; to provide for denial, suspension, and revocation of licenses; to provide for notice to the board upon the occurrence of certain events; to provide for renewal of licenses; to provide for a penalty for violation of the Act; to provide for reporting by hospitals; to provide for reports to the Georgia Composite Medical Board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended by revising subsection (c) of Code Section 43-34-5, relating to powers and duties of the Georgia Composite Medical Board, as follows:
"(c) The board shall have the following powers and duties: (1) To adopt, amend, and repeal such rules and regulations in accordance with this chapter necessary for the proper administration and enforcement of this chapter; (2) To adopt a seal by which the board shall authenticate the acts of the board; (3) To establish a pool of qualified physicians to act as peer reviewers and expert witnesses and to appoint or contract with physicians professionally qualified by education and training, medical associations, or other professionally qualified organizations to serve as peer reviewers; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise; (4) To employ a medical director and other staff to implement this chapter and provide necessary and appropriate support who shall be subject to the same confidentiality requirements of the board;

WEDNESDAY, FEBRUARY 20, 2013

685

(5) To keep a docket of public proceedings, actions, and filings; (6) To set its office hours; (7) To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation; (8) To establish rules regarding licensure and certification status, including, but not limited, to inactive status, as the board deems appropriate; (9) To issue, deny, or reinstate the licenses, certificates, or permits of duly qualified applicants for licensure, certification, or permits under this chapter; (10) To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional medical training, require medical community service, or otherwise sanction licensees, certificate holders, or permit holders; (11) To renew licenses, certificates, and permits and set renewal and expiration dates and application and other deadlines; (12) To approve such examinations as are necessary to determine competency to practice under this chapter; (13) To set examination standards, approve examinations, and set passing score requirements; (14) To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases; (15) To initiate investigations for the purposes of discovering violations of this chapter; (16) To administer oaths, subpoena witnesses and documentary evidence including medical records, and take testimony in all matters relating to its duties; (17) To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50; (18) To conduct investigative interviews; (19) To issue cease and desist orders to stop the unlicensed practice of medicine or other profession licensed, certified, or permitted under this chapter and impose penalties for such violations; (20) To request injunctive relief or refer cases for criminal prosecution to appropriate enforcement authorities; (21) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state; (22) To sue and be sued in a court of competent jurisdiction; and (23) To enter into contracts.; (24) To license and regulate pain management clinics; (25) To establish minimum standards for prescribing controlled substances for pain management; and (26) To accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property to the extent permitted by applicable law, to assist in enforcing this chapter."

686

JOURNAL OF THE HOUSE

SECTION 2. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 10
43-34-280. This article shall be known and may be cited as the 'Georgia Pain Management Clinic Act.'
43-34-281. (a) This article is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of pain management clinics. It is the intention of the General Assembly that people be able to obtain appropriate and safe medical care to treat conditions in which the control of pain is an element. However, the illegal and improper distribution of controlled substances is a growing problem in this state. Licensure and regulation of pain management clinics will better protect the public from criminal activities associated with the illegal distribution of controlled substances as well as provide for a safer place for people to obtain appropriate medical treatment by requiring certain minimum training of practitioners and by the regulation of pain management clinics. (b) Nothing in this article shall be construed to limit the authority and regulations of the board relating to pain management as such authority and regulations existed on June 30, 2013.
43-34-282. As used in this article, the term:
(1) 'Annual patient population' means persons seen by a clinic or practice in a 12 month calendar year but shall not include persons that are patients of a nursing home, home health agency, or hospice licensed pursuant to Chapter 7 of Title 31. (2) 'Board' means the Georgia Composite Medical Board created by Code Section 4334-2. (3) 'Chronic pain' means physical pain treated for a period of 90 days or more in a year but shall not include perioperative pain, which shall mean pain immediately preceding and immediately following a surgical procedure, when such perioperative pain is being treated in connection with a surgical procedure by a licensed health care professional acting within the scope of his or her license. (4) 'License' means a valid and current certificate of registration issued by the board pursuant to this article which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (5) 'Licensee' means any person holding a license under this article. (6) 'Nonterminal condition' means a medical condition which is reversible, where there is a reasonable hope of recovery, and where the patient's medical prognosis is a life expectancy of two years or more.

WEDNESDAY, FEBRUARY 20, 2013

687

(7) 'Pain management clinic' means a medical practice advertising 'treatment of pain' or utilizing 'pain' in the name of the clinic or a medical practice or clinic with greater than 50 percent of its annual patient population being treated for chronic pain for nonterminal conditions by the use of Schedule II or III controlled substances. This term shall not include any clinic or practice owned, in whole or in part, or operated by a hospital licensed pursuant to Chapter 7 of Title 31 or by a health system or any ambulatory surgical center, skilled nursing facility, hospice, or home health agency licensed pursuant to Chapter 7 of Title 31. (8) 'Person' means a natural person. (9) 'Physician' means a person who possesses a current, unrestricted license to practice medicine in the State of Georgia pursuant to Article 2 of this chapter; who, during the course of his or her practice, has not been denied the privilege of prescribing, dispensing, administering, supplying, or selling any controlled substance; and who has not, during the course of his or her practice, had board action taken against his or her medical license as a result of dependency on drugs or alcohol.
43-34-283. (a) On and after July 1, 2013, all pain management clinics shall be licensed by the board and shall biennially renew their license with the board. In the event that physicians in a pain management clinic practice at more than one location, each such location shall be licensed by the board, and such license shall be nontransferable.
(b)(1) All pain management clinics shall be owned by physicians licensed in this state. (2) This subsection shall not apply to any pain management clinic in existence on June 30, 2013, which is jointly owned by one or more physician assistants or advanced practice registered nurses and one or more physicians; provided, however, that any physician assistant or advanced practice registered nurse with an ownership interest in such pain management clinic shall be subject to all requirements which owners of pain management clinics are subject to under this article. (3) This subsection shall not apply to any pain management clinic in existence on June 30, 2013, which is not majority owned by physicians licensed in this state; provided, however, that the person or entity that owns such pain management clinic shall not operate more than one licensed pain management clinic within this state; and provided, further, that any such owner shall be subject to all requirements which owners of pain management clinics are subject to under this article. (4) Notwithstanding paragraphs (2) and (3) of this subsection, no person who has been convicted of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-34-8 shall own or have any ownership interest in a pain management clinic. (c) The board may establish minimum standards of continuing medical education for all physicians owning a pain management clinic. All other licensed health care professionals practicing in a pain management clinic may be subject to minimum

688

JOURNAL OF THE HOUSE

standards of continuing education established by the respective licensing board for the health care professional. (d) Upon the filing of an application for a license, the board may cause a thorough investigation of the applicant to be made and such investigation may include a criminal background check; provided, however, that the board shall cause a thorough investigation of a new applicant to be made, and such investigation shall include a background check. If satisfied that the applicant possesses the necessary qualifications, the board shall issue a license. However, the board may issue licenses with varying restrictions to such persons where the board deems it necessary for the purpose of safeguarding the public health, safety, and welfare. (e) Whenever an applicable rule requires or prohibits action by a pain management clinic, responsibility shall be that of the owner and the physicians practicing in the pain management clinic, whether the owner is a sole proprietor, partnership, association, corporation, or otherwise. (f) The board shall deny or refuse to renew a pain management clinic license if it determines that the granting or renewing of such license would not be in the public interest. (g) No pain management clinic shall provide medical treatment or services, as defined by the board, unless a physician, a physician assistant authorized to prescribe controlled substances under an approved job description, or an advanced practice registered nurse authorized to prescribe controlled substances pursuant to a physician protocol is on-site at the pain management clinic. (h) The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning licensure of any pain management clinic.
43-34-284. In addition to the authority granted in Code Section 43-34-8, a license obtained pursuant to this article may be denied, suspended, or revoked by the board upon finding that the licensee or a physician practicing at a licensed pain management clinic has:
(1) Furnished false or fraudulent material information in any application filed under this chapter; (2) Been convicted of a crime under any state or federal law relating to any controlled substance; (3) Had his or her federal registration to prescribe, distribute, or dispense controlled substances suspended or revoked; or (4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title 26.
43-34-285. The board shall be notified immediately upon the occurrence of any of the following:
(1) Permanent closing of a licensed pain management clinic;

WEDNESDAY, FEBRUARY 20, 2013

689

(2) Change of ownership, management, or location of a licensed pain management clinic; (3) Change of the physicians practicing in a licensed pain management clinic; (4) Any theft or loss of drugs or devices of a licensed pain management clinic; (5) Any known conviction of any employee of a licensed pain management clinic of any state or federal drug laws; (6) Any known conviction based upon charges of fraud of any employee of a licensed pain management clinic; (7) Disasters, accidents, theft, destruction, or loss of records of a licensed pain management clinic required to be maintained by state or federal law or the rules of the board; or (8) Any and all other matters and occurrences as the board may require by rule.
43-34-286. All pain management clinics that dispense controlled substances or dangerous drugs shall be registered with the Georgia State Board of Pharmacy as required by Chapter 4 of Title 26.
43-34-287. (a) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may be late renewed after application and payment of the prescribed late renewal fee within the time period established by the board and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been renewed by the end of the late renewal period shall be considered revoked and subject to reinstatement at the discretion of the board after meeting such requirements as the board may establish. (b) As a condition of license renewal, the board shall require the owners of the pain management clinic and any physicians practicing in the pain management clinic to meet such continuing education and training requirements as may be required by rule.
43-34-288. Any person who operates a pain management clinic in the State of Georgia without a license in violation of this article shall be guilty of a felony.
43-34-289. Any hospital which operates an outpatient clinic at its main facility or at any satellite facility with greater than 50 percent of such clinic's annual patient population being treated for chronic pain for nonterminal conditions by the use of Schedule II or III controlled substances shall annually notify the board of such clinic.

690

JOURNAL OF THE HOUSE

43-34-290. Law enforcement officers, medical examiners, the Georgia Drugs and Narcotics Agency, and the Georgia Bureau of Investigation Medical Examiner's Office, when investigating deaths which may be the result of medication administered or prescribed or a procedure conducted at a pain management clinic as defined by paragraph (7) of Code Section 43-34-282 either by an individual licensed under Chapter 34 of Title 43 or by an individual under the supervision or delegated authority of such person, are authorized to send pertinent records on such deaths to the board. Such records shall be confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell N Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan N Dutton Y Ehrhart Y England
Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower N Hill E Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey

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

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard

WEDNESDAY, FEBRUARY 20, 2013

691

Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Lumsden N Mabra Y Marin N Martin Y Maxwell Y Mayo

Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

On the passage of the Bill, by substitute, the ayes were 150, nays 15.

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

HB 209. By Representatives Watson of the 166th, Stephens of the 164th, Parrish of the 158th, Cooper of the 43rd, Broadrick of the 4th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; to revise requirements relating to use of security paper; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hill E Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites

692

JOURNAL OF THE HOUSE

Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

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

HB 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others:

A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; 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 42-1-14 of the Official Code of Georgia Annotated, relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of

WEDNESDAY, FEBRUARY 20, 2013

693

Pardons and Paroles; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-1-14 of the Official Code of Georgia Annotated, relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders, is amended by revising paragraph (2) of subsection (a) as follows:
"(2) A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information, including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, and personal, social, educational, and work history and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. The board shall utilize the Georgia Bureau of Investigation to assist it in obtaining information relative to its evaluation of sexual offenders and the Georgia Bureau of Investigation shall provide the board with information as requested by the board. The board shall be authorized to obtain information from supervision records of the Board of Pardons and Paroles regarding such sexual offender, but such records shall remain confidential state secrets in accordance with Code Section 42-9-53 and shall not be made available to any other person or entity or be subject to subpoena unless declassified by the State Board of Pardons and Paroles. The clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within:
(A) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (B) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; (C) Sixty days of receipt of the required registration information from the sheriff when the sexual offender changes residence from another state or territory of the United States or any other place to this state and is not already classified; (D) Sixty days if the sexual offender is sentenced to a probated or suspended sentence; and

694

JOURNAL OF THE HOUSE

(E) Ninety days if such classification is requested by the court pursuant to a petition filed under Code Section 42-1-19."
SECTION 2. Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings, is amended by revising subsection (b) as follows:
"(b) All information, both oral and written, received by the members of the board in the performance of their duties under this chapter and all records, papers, and documents coming into their possession by reason of the performance of their duties under this chapter shall be classified as confidential state secrets until declassified by the board; provided, however, that the board shall be authorized to disclose to an alleged violator of parole or conditional release the evidence introduced against him or her at a final hearing on the matter of revocation of parole or conditional release; provided, further, that the board may make supervision records of the board available to probation officials employed with the Department of Corrections and the Sexual Offender Registration Review Board, provided that the same shall remain confidential and not available to any other person or subject to subpoena unless declassified by the board."
SECTION 3. Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, is amended by revising paragraph (15) of subsection (a) as follows:
"(15)(A) Acquire, collect, analyze, and provide to the board any information which will assist the board in determining a sexual offender's risk assessment classification in accordance with the board's duties as specified in Code Section 42-1-14, including, but not limited to, obtaining:
(i) Incident, investigative, supplemental, and arrest reports from law enforcement agencies; (ii) Records from clerks of court; (iii) Records and information maintained by prosecuting attorneys; (iv) Records maintained by state agencies, provided that any records provided by the State Board of Pardons and Paroles that are classified as confidential state secrets pursuant to Code Section 42-9-53 shall remain confidential and shall not be made available to any other person or entity or be subject to subpoena unless declassified by the State Board of Pardons and Paroles; and (v) Other documents or information as requested by the board. (B) As used in this paragraph, the term: (i) 'Board' means the Sexual Offender Registration Review Board. (ii) 'Risk assessment classification' means the level into which a sexual offender is placed based on the board's assessment. (iii) 'Sexual offender' has the same meaning as set forth in Code Section 42-1-12."

WEDNESDAY, FEBRUARY 20, 2013

695

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill E Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

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

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

696

JOURNAL OF THE HOUSE

HB 235. By Representatives Ehrhart of the 36th and Meadows of the 5th:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; 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 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; 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 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended in Code Section 43-30-1, relating to definitions, by revising paragraph (2) as follows:
"(2)(A) 'Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than surgery. The practice of optometry further consists of the correction of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than surgery. Optometrists are prohibited from using nondiagnostic lasers. Nothing in this chapter shall prohibit the use, administration, or prescription of pharmaceutical agents for diagnostic purposes and treatment of ocular disease in the practice of optometry by optometrists who have received pharmacological training and certification from a properly accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who:
(i) Is already certified for using pharmaceutical agents for diagnostic purposes;

WEDNESDAY, FEBRUARY 20, 2013

697

(ii) Has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases; (iii) Is certified in coronary pulmonary resuscitation (CPR); and (iv) Maintains at least $1 million in malpractice insurance coverage shall be certified to use pharmaceutical agents for treatment purposes. (B) The board shall establish by rule a list, which may be modified from time to time, of pharmaceutical agents which optometrists shall be allowed to use for treatment purposes. (C) A doctor of optometry shall not administer any pharmaceutical agent by injection. (D) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered orally may only be:
(i)(I) Nonnarcotic oral analgesics and hydrocodone and Schedule III or Schedule IV controlled substances which are oral analgesics; (II) Used for ocular pain; and (III) Used for no more than 72 hours without consultation with the patient's physician; provided, however, that with respect to hydrocodone, used for no more than 48 hours without consultation with the patient's physician; or (ii) Oral and topical antibiotics, Antibiotics, antivirals, topical steroids, antifungals, antihistamines, or antiglaucoma agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I or Schedule II controlled substances; provided, however, that a doctor of optometry shall not be authorized to administer pharmaceutical agents by injection. Doctors of optometry using such oral and topical pharmaceutical agents shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases. (E) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered topically shall be subject to the following conditions only when used for the treatment of glaucoma: (i) If the pharmaceutical agent is a beta blocker, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year. If the patient has not had such a physical examination or if the patient has any history of congestive heart failure, bradycardia, heart block, asthma, or chronic obstructive pulmonary disease, that patient must be referred to a person licensed under Chapter 34 of this title for examination prior to initiating beta blocker therapy; (ii) If the glaucoma patient does not respond to the topically administered pharmaceutical agents after 60 days of treatment, that patient must be referred to an ophthalmologist; and

698

JOURNAL OF THE HOUSE

(iii) If the patient is diagnosed as having closed angle glaucoma, the patient shall be immediately referred to an ophthalmologist; and (iv) If the pharmaceutical agent is oral steroids, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year and must not prescribe oral steroids for any condition for which oral steroids are contraindicated. (F) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts. (G) Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a misdemeanor unless a greater penalty is otherwise provided by law. (H) Nothing in this chapter shall be construed to allow a doctor of optometry to dispense pharmaceutical agents to patients."
SECTION 2. Said chapter is further amended in Code Section 43-30-8, relating to biennial registration, educational programs for optometrists, forfeiture of certificate upon failure to comply, and reinstatement of certificate, by revising subsection (b) as follows:
"(b) The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all persons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hardship. Continuing education requirements fixed by the board pursuant to this chapter shall not apply to persons practicing optometry who are 65 or more years of age."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

WEDNESDAY, FEBRUARY 20, 2013

699

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer N Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey E Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier N Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill E Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E
Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 2.

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

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

HR 413. By Representatives Glanton of the 75th, Stovall of the 74th, Douglas of the 78th, Waites of the 60th, Mabra of the 63rd and others:

700

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Chairman Eldrin Bell and inviting him to appear before the House of Representatives; and for other purposes.
HR 414. By Representatives Chandler of the 105th, Hugley of the 136th, Abrams of the 89th, Rutledge of the 109th, Caldwell of the 131st and others:
A RESOLUTION recognizing and commending the unique contribution of professional school counselors within our school systems and inviting Barbara Strickland, President of the Georgia School Counselors Association; Gail Smith; Julie Hartline; Robin Zorn; and Shellie Caplinger to be recognized by the House of Representatives; and for other purposes
HR 415. By Representatives Fleming of the 121st, Willard of the 51st, Lindsey of the 54th, Powell of the 171st, Kelley of the 16th and others:
A RESOLUTION recognizing February 17-23, 2013, as Georgia Court Reporting and Captioning Week at the capitol and inviting the Georgia Shorthand Reporters Association to appear before the House of Representatives; and for other purposes.
HR 416. By Representatives Taylor of the 79th, Riley of the 50th, Burns of the 159th, Clark of the 101st and Holcomb of the 81st:
A RESOLUTION Commending Director General Anna A. Kao for her significant contributions and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 417. By Representatives Jackson of the 128th, Williams of the 168th and Epps of the 144th:
A RESOLUTION commending the contributions of members of the clergy in Georgia, recognizing Monday, February 25, 2013, as the 12th annual Clergy Day at the capitol, and inviting members of the clergy to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 207. By Representatives Tanner of the 9th, Hamilton of the 24th, Dunahoo of the 30th, Hawkins of the 27th, Rogers of the 29th and others:

WEDNESDAY, FEBRUARY 20, 2013

701

A RESOLUTION recognizing and commending the Lanier Technical College Adult Education Program for its outstanding accomplishments and inviting its members to be recognized by the House of Representatives; and for other purposes.
HR 282. By Representatives Sims of the 123rd, Harbin of the 122nd and Fleming of the 121st:
A RESOLUTION congratulating the Augusta Christian Schools varsity football team on their record-breaking season and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 283. By Representatives Sims of the 123rd, Harbin of the 122nd and Fleming of the 121st:
A RESOLUTION congratulating the Augusta Christian Schools Varsity Competition Cheerleading Team on winning the 2012 South Carolina Independent School Association (SCISA) Class AAA State Competition Cheerleading Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 418. By Representatives Smyre of the 135th, Hugley of the 136th, Smith of the 134th, Buckner of the 137th and Pezold of the 133rd:
A RESOLUTION honoring the life and memory of Representative Maretta Taylor; and for other purposes.
HR 419. By Representatives Jackson of the 128th, Williams of the 168th, Epps of the 144th and Hugley of the 136th:
A RESOLUTION recognizing and commending Chuck Hancock; and for other purposes.
HR 420. By Representatives Carter of the 175th, Shaw of the 176th, Sharper of the 177th, Nimmer of the 178th, Black of the 174th and others:
A RESOLUTION honoring the life and memory of Harley Langdale, Jr.; and for other purposes.
HR 421. By Representatives Carter of the 175th, Coleman of the 97th, Casas of the 107th, Chandler of the 105th, Dickson of the 6th and others:

702

JOURNAL OF THE HOUSE

A RESOLUTION recognizing Tuesday, February 26, 2013, as Family and Consumer Sciences Day at the capitol; and for other purposes.
HR 422. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending Carmen Foskey; and for other purposes.
HR 423. By Representative Harden of the 148th:
A RESOLUTION recognizing and commending Mr. Charles Morris "Buddy" Leger; and for other purposes.
HR 424. By Representatives Holt of the 112th, Black of the 174th and Kidd of the 145th:
A RESOLUTION recognizing February 25, 2013, as Georgia Academy of Audiology Day at the state capitol and honoring representatives from the Georgia Academy of Audiology; and for other purposes.
HR 425. By Representatives Carson of the 46th, Jones of the 47th and Allison of the 8th:
A RESOLUTION celebrating the birth of Presley Caroline Couch; and for other purposes.
HR 426. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A RESOLUTION honoring the life and memory of Billy Brescia; and for other purposes.
HR 427. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending the Family, Career, Community Leaders of America; Makaela Fitzwater; and Alice Mullis; and for other purposes.
HR 428. By Representative Allison of the 8th:
A RESOLUTION commending the Towns County High School girls cross country team for their significant achievements; and for other purposes.

WEDNESDAY, FEBRUARY 20, 2013

703

HR 429. By Representative Allison of the 8th:
A RESOLUTION commending the Blairsville Scottish Festival and Highland Games; and for other purposes.
HR 430. By Representative Willard of the 51st:
A RESOLUTION congratulating David Resnick; and for other purposes.
HR 431. By Representative Willard of the 51st:
A RESOLUTION congratulating and commending the Centennial High School Model United Nations team on its national and state achievements; and for other purposes.
HR 432. By Representatives Chandler of the 105th, Abrams of the 89th, Clark of the 101st, Hugley of the 136th, Rutledge of the 109th and others:
A RESOLUTION recognizing March 14, 2013, as Pi Day at the state capitol; and for other purposes.
HR 433. By Representatives Kendrick of the 93rd, Harrell of the 106th, Bennett of the 94th, Dickerson of the 113th and Anderson of the 92nd:
A RESOLUTION honoring the life and memory of Mr. Willie Mitchell Anderson; and for other purposes.
HR 434. By Representatives Douglas of the 78th, Scott of the 76th, Stephenson of the 90th, Teasley of the 37th and Morgan of the 39th:
A RESOLUTION honoring the life and memory of Officer Elgin LeVarn Daniel; and for other purposes.
HR 435. By Representatives Epps of the 144th, Harden of the 148th, Dickey of the 140th, Talton of the 147th and O`Neal of the 146th:
A RESOLUTION recognizing and commending the Family, Career, Community Leaders of America; Makaela Fitzwater; and Alice Mullis; and for other purposes.
HR 436. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:

704

JOURNAL OF THE HOUSE

A RESOLUTION honoring the life and memory of Mr. Brian "Chris" Christopher Mance; and for other purposes.
HR 437. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Charles W. Chapman; and for other purposes.
HR 438. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Jeffrey Dallas Gay, Jr.; and for other purposes.
HR 439. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Thomas "Tom" Weston Hodge; and for other purposes.
HR 440. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Chris Gardner; and for other purposes.
HR 441. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Alton M. "Pete" Davenport; and for other purposes.
HR 442. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Spencer Obe Dye; and for other purposes.
HR 443. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:

WEDNESDAY, FEBRUARY 20, 2013

705

A RESOLUTION honoring the life and memory of Mr. Don A. Little; and for other purposes.
HR 444. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Floyd Smith; and for other purposes.
HR 445. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of William Newton "W.N." Oliver; and for other purposes.
HR 446. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Mr. Keith Lester; and for other purposes.
HR 447. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Gordon Lee Alexander, Jr.; and for other purposes.
HR 448. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Reverend Doctor James (Jim) Newton Thompson; and for other purposes.
HR 449. By Representatives Rogers of the 29th, Jasperse of the 11th, Hamilton of the 24th and Duncan of the 26th:
A RESOLUTION honoring the life and memory of Mr. Dwight Landon Taylor; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

706

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, February 21, 2013

Twenty-First Legislative Day

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

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

Abrams Alexander Allison E Anderson Atwood Ballinger Barr Battles Beasley-Teague Bennett Bentley Benton Beverly Black Braddock Broadrick Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter E Casas Chandler Channell Chapman Cheokas Clark, J Clark, V Coleman

Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Floyd Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick

Gordon Gravley Greene Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L E Jones, S Jordan Kaiser Kelley Kidd Kirby Lindsey Lumsden Mabra

Marin Martin Maxwell E McCall Meadows Mitchell Murphy E Neal Nimmer Nix E Oliver Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sheldon

Sims, B Smith, E Smith, L E Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley E Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Weldon Wilkerson Wilkinson Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Bell of the 58th, Brockway of the 102nd, Gregory of the 34th, Kendrick of the 93rd, Knight of the 130th, Mayo of the 84th, Morgan of the 39th, Morris

THURSDAY, FEBRUARY 21, 2013

707

of the 156th, Mosby of the 83rd, O`Neal of the 146th, Pak of the 108th, Welch of the 110th, and Willard of the 51st.
They wished to be recorded as present.
Prayer was offered by Reverend Judson "Jay" Hodges, Pastor, Greensboro First United Methodist Church, Greensboro, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 11. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Code Section 20-2-1126 of the Official Code of Georgia Annotated, relating to written policies and procedures for operation of school buses, so as to require local school systems to establish specific procedures and safety precautions regarding

708

JOURNAL OF THE HOUSE

unloading children under eight years of age from a school bus; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 17. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to provide for a farm to school program to promote the sale of Georgia grown farm products to county and independent school districts in this state; to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to provide for a program to encourage and solicit county and independent school districts to purchase Georgia grown farm products; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 404. By Representatives Ehrhart of the 36th, Willard of the 51st, Stephens of the 164th and Harbin of the 122nd:
A BILL to be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide that freestanding pediatric emergency facilities are exempt from certificate of need requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 405. By Representatives Mayo of the 84th, Fludd of the 64th, Casas of the 107th, Coleman of the 97th, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require members of governing boards of nonprofit organizations which are charter petitioners, charter schools, and state charter schools to participate in governance training; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 21, 2013

709

HB 406. By Representatives Peake of the 141st, Lindsey of the 54th, Harrell of the 106th, Hamilton of the 24th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that a taxpayer may submit a certain appraisal in support of an appeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 407. By Representatives Powell of the 32nd, Hitchens of the 161st, Atwood of the 179th, Rice of the 95th and Taylor of the 173rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 408. By Representatives Jacobs of the 80th, Martin of the 49th, Allison of the 8th, Teasley of the 37th, Rogers of the 29th and others:
A BILL to be entitled an Act to amend Code Section 12-5-180.1 of the Official Code of Georgia Annotated, relating to allocating water and wastewater usage among tenants, charging tenants for usage, and measuring water usage, so as to provide that, if a building containing residential dwellings is served by a master meter, the rates charged to a customer by a public water provider shall be prorated among the number of dwellings served by such master meter and shall be no greater than rates charged to single family residential users for the same usage; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 409. By Representatives Knight of the 130th, Roberts of the 155th, Burns of the 159th, Ehrhart of the 36th and Shaw of the 176th:

710

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and municipal corporations, so as to prohibit local governments from adopting certain regulations pertaining to animals; to amend Code Section 4-8-1 of the Official Code of Georgia Annotated, relating to intent of chapter regulating dogs, so as to limit authority of local governments to establish dog control regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 410. By Representatives Beverly of the 143rd, Randall of the 142nd, Epps of the 144th and Dickey of the 140th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Macon-Bibb County Community Enhancement Authority," approved April 11, 2012 (Ga. L. 2012, p. 5270), so as to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 411. By Representatives Welch of the 110th and Powell of the 171st:
A BILL to be entitled an Act to amend Article 4 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to deductions from inmate accounts for expenses, so as to provide for a detention facility commissary fee and the disposition of such fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 412. By Representative Harrell of the 106th:
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 the option to the taxpayer to receive tax bills or subsequent notices via electronic transmission; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 21, 2013

711

HB 413. By Representatives Harbin of the 122nd, Stephens of the 164th, Parrish of the 158th, Harden of the 148th and Broadrick of the 4th:
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 define "maximum allowable cost"; to impose certain requirements on pharmacy benefits managers who use maximum allowable cost pricing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 414. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 415. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 416. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as change certain provisions relating to the personnel review board; to repeal conflicting laws; and for other purposes.

712

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 417. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 418. By Representative Fleming of the 121st:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization for revenue collection, so as to provide a method for county and municipal governing authorities to obtain certain information from the revenue commissioner; to provide for procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 419. By Representative Fleming of the 121st:
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 state sales and use taxes generally, so as to change a definition for state sales and use taxes regarding manufacturing; to provide for procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 420. By Representative Knight of the 130th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding issuance of tax executions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 21, 2013

713

HB 421. By Representative Knight of the 130th:
A BILL to be entitled an Act to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 422. By Representative Peake of the 141st:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 423. By Representatives Allison of the 8th, Jasperse of the 11th, Dutton of the 157th, Shaw of the 176th, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials, permits, and hunting licenses, so as to provide that live raccoons may be used in sanctioned organization field trial competitions under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 424. By Representatives Jordan of the 77th, Scott of the 76th and Waites of the 60th:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to require local boards of education to offer driver education as an elective course; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 425. By Representatives Jordan of the 77th, Scott of the 76th, Mitchell of the 88th and Waites of the 60th:

714

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to enact the "Parent Conference Act"; to provide that an employee who is a parent of a child who is a local school system student shall be permitted time off from his or her employment to attend a conference with a teacher or administrator at the school of the child; to provide for stipulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 426. By Representatives Jordan of the 77th, Scott of the 76th, Mitchell of the 88th, Williams of the 87th and Waites of the 60th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact a bill of rights for Georgia teachers; to require annual evaluations of principals and assistant principals by teachers; to revise provisions relating to a teacher's authority to remove a student from the classroom; to revise a provision relating to personnel matters not subject to complaint; to prohibit requiring or coercing a teacher to change a student grade or test score; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 427. By Representatives Drenner of the 85th, Willard of the 51st, Jacobs of the 80th, Abrams of the 89th, Kidd of the 145th and others:
A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change certain provisions relating to the "Fair Employment Practices Act of 1978" and the merit system in order to prohibit discrimination based on sexual orientation; to add definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry and Labor.
HB 428. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia, relating to the Department of Human Services, so as to enact the "Foster Children's Psychotropic Medication Monitoring Act"; to

THURSDAY, FEBRUARY 21, 2013

715

provide for a short title; to provide for legislative intent; to provide for definitions; to require the Department of Human Services to establish regulations governing the use of psychotropic medications for children in state custody; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 429. By Representative Waites of the 60th:
A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to require annual reporting of bullying incidents; to provide for criminal offenses; to provide for input into antibullying strategies by school councils; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 430. By Representative Parsons of the 44th:
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 clarify the eligibility of solar energy electric generation equipment for a tax exemption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 411. By Representatives Hightower of the 68th and Cooke of the 18th:
A RESOLUTION honoring the life of Trooper Lieutenant Joseph "Joey" Keith Boatright and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 412. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION expressing support for an eastern corridor in metropolitan Atlanta, Georgia, for bicycle traffic; and for other purposes.

716

JOURNAL OF THE HOUSE

Referred to the Committee on Transportation.

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

HB 378 HB 380 HB 382 HB 384 HB 386 HB 388 HB 390 HB 392 HB 394 HB 396 HB 398 HB 400 HB 402 HR 388 HR 410 SB 117

HB 379 HB 381 HB 383 HB 385 HB 387 HB 389 HB 391 HB 393 HB 395 HB 397 HB 399 HB 401 HB 403 HR 389 SB 81

Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

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

HB 315 Do Pass HB 317 Do Pass

Respectfully submitted, /s/ Cooper of the 43rd
Chairman

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

Mr. Speaker:

THURSDAY, FEBRUARY 21, 2013

717

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

HB 170 HB 340 HB 353

Do Pass Do Pass Do Pass

HB 241 Do Pass HB 342 Do Pass

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

Representative Weldon of the 3rd District, Chairman of the Committee on Juvenile Justice, submitted the following report:

Mr. Speaker:

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

HB 219 Do Pass, by Substitute HB 256 Do Pass

Respectfully submitted, /s/ Weldon of the 3rd
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 151 HR 284 HR 415

Do Pass Do Pass Do Pass

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 21, 2013

Mr. Speaker and Members of the House:

718

JOURNAL OF THE HOUSE

The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 126 HB 234 HB 254 HB 255
HB 286

Park rangers; any person obstructing or hindering the lawful discharge of official duties; prohibit (Substitute)(JudyNC-Hamilton-24th) Contracts; new chapter that provides for notice of automatic renewal provisions in service contracts; enact (A&CA-Smith-70th) Motor vehicles; electronic proof of insurance may be accepted under certain circumstances; provide (Ins-Williamson-115th) Unified Carrier Registration Act of 2005; administration responsibilities from Department of Revenue to Department of Public Safety; transfer (PS&HS-Rogers-10th) Hawkinsville, City of; Pulaski County; create and incorporate new political body corporate under name Hawkinsville-Pulaski County, Georgia (IGCHarden-148th)

Modified Structured Rule

HB 232

Regents Retirement Plan; level of employee participation; change (RetBattles-15th)

Pursuant to Rule 33.3, debate shall be limited to one hour each on HB 264 and HB 265. Time to be allocated by the Speaker.

HB 264 HB 265

Metropolitan Atlanta Rapid Transit Authority Act of 1965; extensively revise (Substitute)(Trans-Jacobs-80th) Mass transportation; suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; repeal provisions (Substitute)(Trans-Jacobs-80th)

Structured Rule

None

THURSDAY, FEBRUARY 21, 2013

719

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bill of the House was postponed until tomorrow:
HB 170. By Representatives Jones of the 47th, Lindsey of the 54th, Martin of the 49th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to provide tax relief for Fulton County; to impose a cap on certain millage rates imposed by Fulton County; to provide for future millage rate increases; to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a two-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 241. By Representatives Gardner of the 57th, Bell of the 58th, Kaiser of the 59th, Waites of the 60th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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.

720

JOURNAL OF THE HOUSE

HB 340. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), so as to provide for four-year terms for the mayor and city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 342. By Representative Ramsey of the 72nd:
A BILL to be entitled an Act to provide a new charter for the City of Senoia; 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 prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal specific Acts; 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 353. By Representative Lumsden of the 12th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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:

THURSDAY, FEBRUARY 21, 2013

721

Y Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman
Cheokas Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse N Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley E Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bills, the ayes were 160, nays 1.

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

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

Mr. Speaker:

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

722

JOURNAL OF THE HOUSE

SB 11. By Senator Carter of the 1st:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties; to provide for rules and regulations; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 69. By Senators Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd, Chance of the 16th, Carter of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to provide for confidentiality of information supplied by certain children; to provide for penalties for a breach of confidentiality; to provide for confidentiality of investigations; to amend Code Section 15-11-84 of the Official Code of Georgia Annotated, relating to sharing confidential information between governmental agencies, so as to provide a crossreference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 86. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 220. By Representative Harden of the 148th:
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;

THURSDAY, FEBRUARY 21, 2013

723

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.

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

SB 11. By Senator Carter of the 1st:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties; to provide for rules and regulations; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 69.

By Senators Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd, Chance of the 16th, Carter of the 42nd and others:

A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to provide for confidentiality of information supplied by certain children; to provide for penalties for a breach of confidentiality; to provide for confidentiality of investigations; to amend Code Section 15-11-84 of the Official Code of Georgia Annotated, relating to sharing confidential information between governmental agencies, so as to provide a crossreference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Juvenile Justice.

SB 86. By Senator Stone of the 23rd:

A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to

724

JOURNAL OF THE HOUSE

provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Jordan of the 77th, Stephens of the 165th, Kelley of the 16th, Maxwell of the 17th, Braddock of the 19th, Gravely of the 67th, Alexander of the 66th, Gardner of the 57th, Wilkinson of the 52nd, and Williamson of the 115th.
Pursuant to HR 283, the House congratulated the Augusta Christian Schools Varsity Competition Cheerleading Team on winning the 2012 South Carolina Independent School Association (SCISA) Class AAA State Competition Cheerleading Championship and invited them to be recognized by the House of Representatives.
Pursuant to HR 282, the House congratulated the Augusta Christian Schools varsity football team on their record-breaking season and invited them to be recognized by the House of Representatives.
Pursuant to HR 207, the House recognized and commended the Lanier Technical College Adult Education Program for its outstanding accomplishments and invited its members to be recognized by the House of Representatives.
Pursuant to HR 401, the House commended the Georgia Airports Association and its leadership; Robert Mohl, Hope Macaluso, Mario Evans, Colette Edmisten, Mike Mathews, and Blake Swafford, and recognized February 21, 2013, as Legislative Fly-In at the capitol.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 232. By Representatives Battles of the 15th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions in the Regents Retirement Plan, so as to change the level of employee participation; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 21, 2013

725

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

Y Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas
Clark, J Y Clark, V
Coleman Y Cooke

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh
Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

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

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

HB 255. By Representatives Rogers of the 10th, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th, Benton of the 31st and others:

A BILL to be entitled an Act to amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the

726

JOURNAL OF THE HOUSE

federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, 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 Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley N Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall N Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 165, nays 2.

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

THURSDAY, FEBRUARY 21, 2013

727

HB 286. By Representative Harden of the 148th:

A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name HawkinsvillePulaski County, Georgia; 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 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 Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V

N Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes N Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett N Hawkins Y Henson N Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby N Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley
Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson

728

JOURNAL OF THE HOUSE

Y Coleman N Cooke

Y Greene Y Gregory

Y Maxwell Y Mayo

Y Sheldon Y Sims, B

Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 155, nays 12.

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

HB 254. By Representatives Williamson of the 115th, Shaw of the 176th, Rice of the 95th, Harbin of the 122nd, Teasley of the 37th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; 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 Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett
Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley

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

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S

THURSDAY, FEBRUARY 21, 2013

729

Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

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

HB 126. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Rogers of the 29th, Tanner of the 9th 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 a definition; to prohibit any person from knowingly and willfully obstructing or hindering any park ranger in the lawful discharge of such park ranger's official duties; to prohibit any person from knowingly and willfully resisting, obstructing, or opposing any park ranger in the lawful discharge of such park ranger's official duties by offering or doing violence to the person of such park ranger; to provide for penalties; 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 provide a definition; to prohibit any person from knowingly and willfully obstructing or hindering any park ranger in the lawful discharge of such park ranger's official duties; to prohibit any person from knowingly and willfully resisting, obstructing, or opposing any park ranger in the lawful discharge of such park ranger's official duties by offering or doing violence to the person of such park ranger; to provide for penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

730

JOURNAL OF THE HOUSE

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:
"16-10-24.4. (a) As used in this Code section, the term 'park ranger' means any person, other than a law enforcement officer and other individuals covered under Code Section 16-10-24, however designated, who is employed by the state, any political subdivision of the state, or the United States for the enforcement of park rules and regulations. (b) Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and willfully obstructs or hinders any park ranger in the lawful discharge of his or her official duties shall be guilty of a misdemeanor. (c) Whoever knowingly and willfully resists, obstructs, or opposes any park ranger in the lawful discharge of his or her official duties by offering or doing violence to the person of such park ranger shall be guilty of a felony and, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years."

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 Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S

E McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT

THURSDAY, FEBRUARY 21, 2013

731

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 2.

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

HB 234. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd:

A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell N Bennett Y Bentley Y Benton

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal
Pak

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton

732

JOURNAL OF THE HOUSE

Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, the ayes were 167, nays 2.

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

Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:

Mr. Speaker:

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

HB 318 Do Pass, by Substitute

Respectfully submitted, /s/ Stephens of the 164th
Chairman

Representative Parsons of the 44th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 21, 2013

733

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

HB 176 Do Pass, by Substitute

Respectfully submitted, /s/ Parsons of the 44th
Chairman

Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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

HB 199 HB 226 HB 320

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

Respectfully submitted, /s/ Smith of the 70th
Chairman

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

Mr. Speaker:

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

HB 99 HB 132 HB 213

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

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

734

JOURNAL OF THE HOUSE

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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 142 Do Pass, by Substitute HB 143 Do Pass, by Substitute
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 264. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, 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 extensively revise such Act; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
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 extensively revise such Act; to reconstitute the board of directors; to provide for staggered terms for board members; to provide for a limit on re-appointment of board members; to provide for a method for nonparticipating counties to join the Authority; to require Board approval of certain payments and award of certain contracts; to remove restrictions on the operation of private enterprises; to remove restrictions on fares, rates, and rental charges for charter, group, and party bus services; to suspend defined benefit plans for future employees; to provide for a limit on annual bonded debt service; to revise what entities may exercise eminent domain on behalf of the Authority; to provide for certain

THURSDAY, FEBRUARY 21, 2013

735

information to be addressed during board meetings; to provide for the privatization of certain services; to revise requirements for annual reporting; to provide for budgeting procedures; to revise procedures for the collective bargaining process and the appointment of an arbitrator; to provide for a suspension of restrictions on the use of sales and use tax proceeds; 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 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 Section 6 as follows:
"(a) The On and after January 1, 2014, the Board of Directors of the Authority shall be reconstituted and composed of 18 11 voting members and two nonvoting members. 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 a majority vote of a caucus of mayors of the municipalities of Fulton County lying south of the corporate limits of the City of Atlanta, the chairperson of the Fulton County Board of Commissioners, and the members of the Fulton County Board of Commissioners whose districts include any portion of Fulton County lying south of the corporate limits of the City of Atlanta, 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 corporate limits of the City of Atlanta; one member shall be a resident of Fulton or DeKalb County to be appointed by the Governor; one nonvoting member shall be the Commissioner of the Department of Transportation; and one nonvoting member shall be the Executive Director of the Georgia Regional Transportation Authority. Those board members appointed by a local governing authority, caucus, or the Governor as described in this section in office as of January 1, 2014, 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,

736

JOURNAL OF THE HOUSE

and one of the two appointees of the caucus of mayors from municipalities lying north of the corporate limits of the City of Atlanta shall serve a term of two years, and the remaining appointees shall serve for terms of four years. No later than November 1, 2013, each local governing authority or caucus shall designate which board members shall serve an initial term of two years. 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 or caucus 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 or caucus 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. Those board members in office on May 31, 2013, shall serve until December 31, 2013. The Executive Director of the Georgia Regional Transportation Authority and the Commissioner of the Department of Transportation shall become a member nonvoting members of the Board on the effective date of this sentence and shall serve while holding his or her their State office offices.

THURSDAY, FEBRUARY 21, 2013

737

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 appointing entity 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 membership prior to January 1, 2014, shall not be considered in calculating limits on length of service. Appointments to fill expiring terms shall be made by the local governing body appointing entity 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 Commissioner 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.

738

JOURNAL OF THE HOUSE

(e) A local governing body An appointing entity 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 governing body which appointed him where the member resides, 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 qualifying the member to serve on the Board. (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. 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.

THURSDAY, FEBRUARY 21, 2013

739

A majority of the total voting 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 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. (I) Notwithstanding any other provisions of this Act, the following actions by the Board shall require the affirmative vote of one more than a majority of the total voting membership of the Board as it may exist at the time:
(1) The issuance and sale of revenue bonds as contemplated in Section 10 or equipment trust certificates as contemplated in Section 11. (2) The purchase or lease of any privately owned system of transportation of passengers for hire in its entirety, or any substantial part thereof, as contemplated in Section 8(c) or 8(d). Prior to the purchase or lease of any such privately owned system a public hearing pertaining thereto shall have been held and notice of such public hearing shall have been advertised as provided in Section 9(c) hereof. Provided that no sum shall be paid for such privately owned system of transportation in excess of the fair market value thereof determined by a minimum of two appraisers and approved by a majority of the local governments participating in the financing of such purchase. (3) The award of any contract involving $100,000.00 $200,000.00 or more for construction, alterations, supplies, equipment, repairs, maintenance or services other than professional services, or for the purchase, sale or lease of any property. Any contract involving $200,000.00 or more shall be awarded through a competitive bidding process as described in Section 14 of this Act. The Board by appropriate resolution may delegate to the general manager the general or specific authority to enter into contracts involving less than $100,000.00 $200,000.00 if such contracts are entered into in accordance with Section 14 of this Act. (4) The grant of any concession as contemplated in Section 14(f). (5) The award of any contract for the management of any Authority-owned property or facility as contemplated in Section 14(h). (j) The Board shall appoint and employ, as needed, a general manager, and a general counsel, none of whom may be members of the Board or a relative of a member of the Board, and delegate to them such authority as it may deem appropriate. It may make such by-laws or rules and regulations as it may deem appropriate for its own government, not inconsistent with this Act, including the establishment of an Executive Committee to exercise such authority as its by-laws may prescribe.

740

JOURNAL OF THE HOUSE

(k) The treasurer of the Authority and such other members of the Board and such other officers and employees of the Authority as the Board may determine shall execute corporate surety bonds, conditioned upon the faithful performance of their respective duties. A blanket form of surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure or closing of any depository which has been approved as a depository for public funds.
(l)(1) In addition to the requirements of subsection (h) of this section, each member of the Board shall hold a meeting once each 12 months with the local governing body which appointed such member. The Secretary of the Board shall give written notice to each member of the Board, to each local governing body, and to the governing authority of each municipality in the county in which there is an existing or proposed rail line at least two days prior to any 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 such notice. These meetings shall be for the purpose of reporting to the local governing bodies on the operations of the Authority and on the activities of the Board and making such information available to the general public. No activity which requires action by the Board shall be initiated or undertaken at any meeting conducted under this subsection. (2) The Board shall submit once each three months a written report on the operations of the Authority and on the activities of the Board to each local governing body which appoints a member of the Board."
SECTION 2. Said Act is further amended by revising subsections (p) and (s) of Section 8 as follows:
"(p) The Authority shall have no power to operate taxicabs, or facilities designed exclusively for the transportation of property for hire, nor shall it engage in other activities commonly regarded as private enterprise, except to develop a rapid transit system, provide concessions, off-street parking and other facilities for the comfort, safety and convenience of transit passengers, and otherwise accomplish the purposes and policies expressed and contemplated in this Act. Reserved." "(s) With respect to the establishment of deferred compensation plans for the benefit of its employees, all of the powers enjoyed by the state or any county, municipality, or other political subdivision pursuant to Article 2 of Chapter 18 of Title 45 of the O.C.G.A. In exercising the powers conferred by this subsection, the Authority shall not be subject to the restrictions on investments imposed by subsections 10(r) and 10(u) of this Act. No defined benefit plan shall be issued on behalf of any employee who commences employment on or after January 1, 2014, unless such restriction precludes the Authority from receiving certification under Section 13(c) of the Federal Transit Act, 49 U.S.C. Section 5333(b), and renders the Authority ineligible for federal financial assistance."

THURSDAY, FEBRUARY 21, 2013

741

SECTION 3. Said Act is further amended by revising subsections (c), (e), (f), and (h) of Section 9 as follows:
"(c) The Board shall determine by itself exclusively majority vote after public hearings as hereinafter provided, the routes, types of construction, equipment, and facilities to be operated by the Authority, the scheduled services to be made available to the public and, except for the rates, fares, rentals, and charges for charter, group, and party bus services as provided in subsection (f) of this Section, the amounts to be charged therefor. Before making any determinations as to scheduled services or amounts to be charged for such services, other than amounts charged for charter, group, and party bus services, the Board shall first hold at least one public hearing after giving notice of the time and place by twice advertising on different days in the newspaper having the largest circulation in the metropolitan area not more than ten days nor less than five days prior to the hearing. As to all other matters, the Board may hold such public hearings as it may deem appropriate, and as to all public hearings, it may prescribe reasonable rules and regulations to govern such hearings not inconsistent with this Act." "(e) Except for determining the rates, fares, rentals, and charges for charter, group, and party bus services as set forth in subsection (f) of this Section, the function of the Board under subsections (c) and (d) shall not be delegated or exercised by any other person or body under any circumstances. Reserved. (f) Notwithstanding any other provisions of this Act to the contrary, the per-hour rates, fares, rentals, and charges for charter, group, and party bus services rendered by the Authority shall be no less than the lowest per-hour rates, fares, rentals, and charges actually charged for charter, group, and party bus services provided by motor common carriers and motor contract carriers in the metropolitan area. Any person aggrieved by any determination of the Board as to any rates, fares, rentals, and charges for charter, group, and party bus services may challenge same by a petition filed, within thirty days of the occurrence of the event or determination complained of, with the Public Service Commission of this State. A hearing, and such other proceedings as may be ordered, upon the aggrieved party's complaint shall be conducted by the Public Service Commission within thirty days after the filing of the complaint in order to determine the lawfulness of the challenged conduct or rates, fares, rentals, and charges for charter, group, and party bus services. The rulings of the Public Service Commission shall be subject to judicial review in any superior court of any county of the metropolitan area in which the charge may be applicable; however, whenever two or more legal actions are brought against the determination of the Public Service Commission in different superior courts, exclusive jurisdiction thereof shall be vested in the first such court to docket such a petition and all other petitions may be refiled in the superior court having exclusive jurisdiction. Reserved."
"(h)(1) Notwithstanding any other provisions of this Act to the contrary, not later than 120 days after the end of each fiscal year of the Authority, the Board shall adjust the amounts to be charged for transportation services to the public so that the total funds to be received from transit operating revenue during the fiscal year of the

742

JOURNAL OF THE HOUSE

Authority ending June 30, 1980, shall be no less than thirty percent of the operating costs of the system for the immediately preceding fiscal year, and so that the total funds to be received from transit operating revenue during the fiscal year ending June 30, 1981, and for each fiscal year thereafter shall be no less than thirty-five percent of the operating costs of the system for the immediately preceding fiscal year. In making such adjustments, the Board shall be authorized to rely upon estimates of all revenue, patronage, and other factors which may affect the amounts to be charged for transportation services to the public; provided, if such amounts actually charged during one fiscal year resulted in transit operating revenue less than that required under this subsection, the amounts to be charged the immediately succeeding fiscal year shall be sufficient, along with all other transit operating revenue, to make up such deficit as well as meet the other requirements of this subsection. (2) Any differences between amounts charged for various transportation services to the public including, but not limited to, amounts charged for weekend or off-peak hours' service, or amounts charged special groups of persons, shall be approved by at least a two-thirds' vote of the total membership of the Board as it may exist at the time. Reserved. (3) Nothing in this subsection (h) shall be construed to change any limitation relating to the subsidy of operating costs of the system under subsection (I) of Section 25 of this Act if such limitation would require increasing transit operating revenue above the amount provided in this subsection. (4) For purposes of this subsection, 'transit operating revenue' shall include all revenue from fares, rates, and charges for transportation services and revenues from all other sources except the sales and use taxes levied pursuant to Section 25 of this Act; and 'operating costs' means 'operating costs of the system,' as defined in subsection (I) of Section 25 of this Act, and exclusive of depreciation and amortization and other costs and charges as provided in the said definition."
SECTION 4. Said Act is further amended by revising subsection (d) of Section 10 and adding a new subsection to read as follows:
"(d) The bonds of each issue shall be dated, shall bear interest payable at such times and at such rate or rates within such limits as now or hereafter may be established in the Revenue Bond Law of the State of Georgia (Ga. L. 1937, p. 761, et seq.) as now or hereafter amended, and shall mature in such amounts and at such times not exceeding forty (40) thirty (30) years from the date thereof, as the Board may determine. The bonds may be in coupon or registered form, or both, as the Board may determine, and the Board may make provision for the registration of any coupon bond as to principal alone or as to both principal and interest." "(x) The total principal and interest of the Authority's annual bonded debt service shall not exceed forty percent (40%) of the sales tax revenues collected in the previous fiscal year beginning in the fiscal year commencing on July 1, 2016, and for each fiscal year commencing on or after July 1, 2019, the total principal and interest of the Authority's

THURSDAY, FEBRUARY 21, 2013

743

annual bonded debt service shall not exceed thirty-five percent (35%) of the sales tax revenues collected in the previous fiscal year."
SECTION 5. Said Act is further amended by revising Section 12 as follows:
"The Authority shall have no power of eminent domain, but the City of Atlanta and the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett may, for purposes of the Authority, exercise the broadest power of eminent domain shall be available to them any city or county government within the territorial jurisdiction of the Authority or any agency or joint agency thereof, under any statute, and to convey to the Authority any property so acquired upon payment or credit for the total cost of any acquisition hereunder. For purposes of this section, the power of eminent domain shall lie in a city governing body if the property is located within that city's territorial limits and the power of eminent domain shall lie in a county governing body if the property is located in an unincorporated location within the county. However, no local governing body shall exercise any power of eminent domain hereunder with respect to property located beyond its territorial limits."
SECTION 6. Said Act is further amended by revising subsections (a) through (d) and adding new subsections to Section 14 to read 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 by majority vote 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 the personal services of employees, 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. (b) All such acquisitions, dispositions and contracts involving $100,000.00 $200,000.00 or more shall be awarded only after advertising in the local newspaper of the largest circulation in the metropolitan area at least once a week in the two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, a memorandum shall be

744

JOURNAL OF THE HOUSE

kept on file showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. Prior to the award of a contract which will call for an anticipated aggregate payment of $150,000.00 $200,000.00 or more to the successful bidder, the Authority shall make an accurate and brief summary thereof available to the public in its principal office and shall publish notice of its intention to award such contract to the successful bidder at least five days prior to such award in the local newspaper of the largest circulation in the metropolitan area. Such advertisement shall state the name of the successful bidder, the amount of the contract and its subject matter. This provision shall apply to contracts entered into thirty days or more after the effective date of this Act. (c) Except as otherwise provided in this Section, written price quotations from at least three qualified and responsible vendors, or vendees as the case may be, shall be obtained for all acquisitions, dispositions and contracts involving less than $100,000.00 and over $10,000.00 $200,000.00 or more, or, in lieu thereof, a memorandum approved by the Board shall be kept on file showing that less than three vendors or vendees, as the case may be, so qualified exist in the market area within which it is practicable to obtain quotations. Acquisitions shall be made from, and contracts awarded to, the lowest responsible quotation, and dispositions of property shall be made to the highest responsible quotation. (d) Acquisitions, dispositions and contracts involving $10,000.00 or less less than $200,000.00 may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the Board." "(n) For any expenditure to a vendor who has received $5,000.00 or more within a 12 month period, such expenditure shall be listed by date, payee, amount, and purpose and shall be listed on a schedule that is included as an appendix to the agenda for the next regular meeting of the board. The schedule shall include all such expenditures for the calendar month of the last regular meeting of the full board and any subsequent calendar month where a full meeting of the board was not held. The agenda for each regular meeting of the full board shall include an opportunity for the board to ask questions or make comments about the expenditures listed in the appendix. The appendix required by this subsection shall be posted on the Authority's website no later than 24 hours prior to the meeting. (o) By July 1, 2018, the Authority shall enter into binding contracts with private contractors for the provision of the following services in their entirety: accounts payable, payroll processing, human resource benefits administration, employee recruiting and staffing, employee data and records management, telephone maintenance and support, information technology service desk, end-user computer support, workers' compensation claims administration, customer care telephone hotline, paratransit bus service, and the interior cleaning of buses and trains. The Authority and its employees may serve in a supervisory role for contracts involving the services listed in this subsection to ensure proper, efficient, and cost-effective delivery thereof."

THURSDAY, FEBRUARY 21, 2013

745

SECTION 7. Said Act is further amended by revising Section 14A as follows:
"The Authority shall have available at its principal office for public inspection at all times during regular business hours of the Authority an accurate and brief summary disclosing all material terms of each contract which the Authority has entered into and the terms of which call for expenditures by the Authority of more than $150,000. The Authority shall prepare an annual report for the period ending June 30 of each year. Each annual report shall include a statement of the tax revenue and operating revenue received during the period, a statement of the total expenditures made during the period and a list of all written contracts entered into by the Authority during the period which call for the Authority to expend at any time in the aggregate more than $50,000 $20,000. Such list shall also include any employment or consultant contracts (whether or not written) under which the employee or consultant is to be compensated at an annual rate of more than $20,000, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable hereunder, shall have his compensation increased at any time, the amount of such increase and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder, or the formula for determining such amount. The Authority shall also prepare a list of the names of each person, firm or corporation which has received from the Authority during such period in excess of $20,000, as well as the amount paid to such person, firm or corporation during such period. The annual report, together with the Comprehensive Annual Financial Report for the preceding calendar year, and lists required by this Section shall be filed as a statement, verified by the Chairman of the Board of the Authority and its General Manager, with members of the Metropolitan Atlanta Rapid Transit Authority Overview Committee, the Governor, the presiding officers of the House of Representatives and the Senate, the State Auditor and with governing authorities of each county and the largest municipality in the area of the Authority's operation. The annual report and lists required by this Section shall be prepared and filed within fortyfive days of the end of the reporting period submitted by August 31 of each year, shall be made available at the Authority's principal office for public inspection at all times during regular business hours of the Authority following such filing, and notice of such availability shall be published in a daily newspaper of general circulation within the entire geographic area of the Authority's operation within fifteen days after filing. Such notice shall occupy at least one quarter of a full page in such newspaper shall be posted in a prominent location on the Authority's website within two weeks of submittal of the report to the parties enumerated in this Section."
SECTION 8. 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

746

JOURNAL OF THE HOUSE

governmental accounting. Copies of each financial report required under this Section shall be furnished delivered to the members of the Metropolitan Atlanta Rapid Transit Authority Overview Committee and posted on the website of the Authority. Notice of such publication shall be delivered in electronic format to each local governing body of each participating local government in the metropolitan area as described in Section 6 of this Act. All 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 9. Said Act is further amended by revising subsections (c), (d), (e), and (g) 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. (d) The Authority shall fund and maintain an operating budget reserve of ten percent (10%) of the Authority's prior year operating budget prior fiscal year's total revenues from the sales and use tax provided in Section 25 of this Act. For purposes of this section, the term 'operating budget revenues' shall mean all funds received from federal, state, or local sources, including but not limited to grants, distributions from federal and state formula funds, or direct federal and state appropriations for projects or programs of the Authority, as well as farebox revenues and revenues received from rentals on property owned or operated by the Authority. Said operating budget reserve shall be utilized for ongoing operating expenses only in those circumstances requiring its use due to worsened economic conditions in the Atlanta region, or catastrophic loss such as an act of God or terrorism, which conditions cause a temporary shortfall in the Authority's anticipated revenues. The temporary operating revenue shortfall so noted shall be for a period of not less than six consecutive months during which total anticipated revenues are not less than two and one-half percent (2.5%) below the

THURSDAY, FEBRUARY 21, 2013

747

revenues received during the preceding fiscal year for the same six-month period. The first three percent (3%) of the reserve shall not be used in any six-month period. The purpose of said reserve shall be exclusively to pay the ongoing operating expenses during times of economic downturn and shall not be considered to be an available recurring revenue for operating budget purposes and under no circumstances shall the operating budget reserve be used to permanently replace the revenues which are reduced due to the economic conditions set forth above. Upon cessation of such economic downturn, as evidenced by cessation of the revenue shortfall required for the use of the reserve for Authority operating expenses, the operating budget reserve shall be replenished. (e) Not later than December 31, 2016, and every four years thereafter, the The Authority shall cause to be performed an independent annual management audit on the condition of management of the Authority at the expense of the Authority, to be supervised and approved by the Metropolitan Atlanta Rapid Transit Overview Committee., and which The management audit shall be submitted to the Board of the Authority, the Governor, the State Auditor, and the Metropolitan Atlanta Rapid Transit Overview Committee before December 31 of each year in which it is required. The management audit shall be performed at the expense of the Authority." "(g) The Authority shall submit to the Metropolitan Atlanta Rapid Transit Overview Committee, the presiding officers of the House and Senate, and the Governor an annual report which report shall indicate consultant expenses, other professional services, salaries and expenses of full-time and part-time employees and Board members, and payments rendered by to outside companies, or agencies, or entities by to the Authority for any and all goods, services, and projects. Said report shall be submitted by August 31 of each year and shall include, along with the requirements specified in Section 14A of this Act, the name of the payee, the date of payment, the payment amount, and the purpose of each payment. If such payment was made pursuant to a contract, the date on which the contract was awarded, the length of the contract term, the award amount of the contract, the cumulative payments that have been made toward the contract, including the listed payment, and any related contract or project identification number shall be included in the report alongside the name of the payee, the date of payment, the payment amount, and the purpose of each payment. In addition to a printed copy to be provided to the parties enumerated in this subsection, said report shall be posted in a prominent location on the Authority's website within two weeks of submittal of the report to the parties enumerated in this subsection. The report posted on the Authority's website shall show employee identification numbers and job titles instead of the names of the employees. The employee's social security number shall not be used as the employee's identification number."
SECTION 10. Said Act is further amended by revising subsection (b) of Section 20 as follows:

748

JOURNAL OF THE HOUSE

"(b)(1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for collective bargaining, in accordance with this subsection, with such authorized representatives. (2) As used in this subsection, the following terms shall have the following meanings:
(A) 'Authorized representative' means the collective bargaining agent for a class of employees, recognized for such purposes by the Board. (B) 'Collective bargaining' or 'collectively bargain' means performing the mutual obligation of the Authority and the authorized representatives of represented employees to negotiate, in good faith and to impasse, if necessary, over wages, hours, and other terms and conditions of employment with the bona fide intention of reaching a negotiated agreement. (C) 'Grievance arbitration' means arbitration of a dispute between the Authority and the authorized representative, acting on behalf of a represented employee, which involves the interpretation of an existing labor agreement and the application of the terms and conditions of that labor agreement to the claims of one or more employees. (D) 'Labor agreement' means an agreement, including any agreement respecting pension or retirement benefits for represented employees, between the Authority and the authorized representative, entered into in accordance with this subsection, which establishes the wages, hours, and other terms and condition of employment for represented employees of the Authority. (E) 'Represented employee' means an employee of the Authority who is a member of a class of employees for which the Board has recognized an authorized representative. (3) Every labor agreement entered into by the Authority shall provide for grievance arbitration and shall specify the procedure therefor. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of an existing labor agreement. (4) Upon or prior to the expiration of an existing labor agreement, the Authority and the authorized representative shall collectively bargain in an effort to reach a successor or replacement labor agreement. If, after expiration of an existing labor agreement, the Authority and the authorized representative are then unable to agree upon the terms and conditions of a new labor agreement, including but not limited to the issue of wages, they shall jointly select or, failing their agreement, upon the written petition for binding interest arbitration of either or both parties, the Governor shall appoint an arbitrator within 30 days after the receipt of said petition. a neutral fact finder to investigate and explore all unresolved collective bargaining issues and to render a report to the Authority, the authorized representative, and the public. The neutral fact finder shall conduct such hearings as may be necessary to provide for the full and fair presentation of all unresolved collective bargaining issues by both parties. That fact finder shall be authorized to sign and issue subpoenas for witnesses or documents, to administer oaths, to take oral or written testimony and to take such

THURSDAY, FEBRUARY 21, 2013

749

other actions as may be needed to make comprehensive findings of fact and recommendations. When a subpoena is disobeyed, any party may apply to the Superior Court of Fulton County for an order requiring obedience. Failure to comply with that order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed in the same manner as prescribed by law in civil cases in the superior court. (5) The fact finder's report shall recommend as to all unresolved collective bargaining issues, including appropriate wages, hours and other terms and conditions of employment for represented employees, and shall set forth supporting factual findings, determined after due consideration of the factors set forth in subparagraphs (A) through (E) of paragraph (8) of this subsection, and shall contain a summary of the findings. The report of the fact finder shall be issued within 30 days after the fact finder is selected or appointed. Upon issuance, the report shall be distributed by the Authority to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. The fact finder shall cause the summary of findings to be published once in the newspaper having the largest circulation in the metropolitan area. The fact finder shall be compensated in the same manner as a special master pursuant to Code Section 22-2-106 of the O.C.G.A., and the costs thereof and any other costs of the proceeding shall be borne equally by the parties. After selection or appointment of a fact finder pursuant to this paragraph, the parties may continue to collectively bargain on any issues. (6) Upon issuance of the fact finder's report, the Authority and the authorized representative shall continue to collectively bargain in light of the recommendations set forth in such report. If either party rejects any or all of the fact finder's recommendations and the parties are otherwise unable, through collective bargaining, to reach agreement on such issue or issues, then each party rejecting any of the fact finder's recommendations shall prepare a written statement setting forth the specific recommendations which such party has rejected, the party's counterproposal on the issue or issues, and the reasons for rejecting the fact finder's recommendations. Prior to commencement of any proceeding for interest arbitration, as provided in paragraph (7) of this subsection, each party required under this paragraph to prepare that statement shall cause it to be published in the local newspaper having the largest circulation in the metropolitan area and shall concurrently distribute that statement to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. (7) If, within the 30 days following issuance of the fact finder's report, the Authority and the authorized representative are unable to conclude a new labor agreement, either party may then seek binding interest arbitration of all unresolved issues between the parties. Such an action may be instituted by the filing of a petition with the Governor for binding interest arbitration and for the appointment of an arbitrator. The Governor shall appoint an arbitrator who is a member of the National Academy of Arbitrators or is approved by the American Arbitration Association within 30 days

750

JOURNAL OF THE HOUSE

of the petition. The Governor's appointed arbitrator shall be a retired superior court judge, a retired Judge of the Court of Appeals of Georgia, or a retired Justice of the Supreme Court of Georgia. That Such arbitrator shall decide the any issues remaining unresolved between the Authority and the authorized representative within 90 days after said the petition shall be is filed with the Governor. That The arbitrator's decision on those such issues shall bind both the Authority and the authorized representative. That The arbitrator may require the Authority and the authorized representative to provide that arbitrator with such information as the arbitrator determines to be necessary in resolving the issues. (8)(5) In any interest arbitration under this subsection, the arbitrator shall be bound by any written stipulation or submission agreement between the Authority and the authorized representative concerning such determination. In determining any issue, the arbitrator shall also give weight both to the report of the neutral fact finder and to the following factors:
(A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authority's expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase or improvement in fringe benefits or extension of vacation, holiday, or excused time and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday and excused time allowances of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; and (E) The cost of consumer goods and services within the metropolitan area. (9)(6) In the event that either party wishes to enforce the decision of the arbitrator, a petition for such enforcement must be filed within ninety (90) days of such decision. In odd numbered years, the petition must be filed in the Superior Court of Fulton County and directed to the senior judge in time with the greatest length of service in that court. In even numbered years, the petition must be filed in the Superior Court of DeKalb County and directed to the senior judge in time with the greatest length of service in that court. The court shall confirm the decision unless the decision is vacated by the court because the court finds that the rights of a party were prejudiced by: (A) Corruption, fraud, or misconduct in procuring the decision; (B) Partiality of an arbitrator appointed as a neutral;

THURSDAY, FEBRUARY 21, 2013

751

(C) An overstepping by the arbitrators of their arbitrator of his or her authority or such imperfect execution of it that a final and definite decision upon the subject of such matter submitted was not made; or (D) The arbitrator's manifest disregard for the law. The judge's ruling in this enforcement proceeding shall bind the Authority and the authorized representative and there shall be no appeal from this decision. (10)(7) Upon vacating a decision, the court may order a rehearing and determination of all or any of the issues either before the same arbitrator or before a new arbitrator appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or decision, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. (11)(8) No employee of the Authority shall engage in any strike, sit-down, slowdown, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not unilaterally increase, decrease, or otherwise change the wages or fringe benefits of represented employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or interest arbitration. (12)(9) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees."
SECTION 11. Said Act is further amended by revising subsection (b) of Section 21 as follows:
"(b) The Authority shall also be exempt from any regulation by the Public Service Commission of this State, except as provided in Section 9(f) of this Act, and except that when any proposed action of the Authority, or any local government on behalf of the Authority, may place a public utility, railroad or public service corporation in violation of the requirements of the Commission, or create the need for collaboration with respect to compliance with the requirements of the Commission, the Authority shall obtain the Commission's cooperation and approval of the proposed action. In such matters and particularly with respect to the matters contemplated in Section 8(j), the Commission shall cooperate with the Authority to accomplish the purposes and policies of this Act."
SECTION 12. 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

752

JOURNAL OF THE HOUSE

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 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

THURSDAY, FEBRUARY 21, 2013

753

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 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 13. This Act shall become effective on June 1, 2013.

754

JOURNAL OF THE HOUSE

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Representative Gardner of the 57th moved that HB 264 be placed upon the table.

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

Y Abrams Y Alexander N Allison E Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley N Benton Y Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Carson N Carter E Casas N Chandler N Channell N Chapman N Cheokas N Clark, J N Clark, V
Coleman Cooke

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart N England Y Epps, C N Epps, J Y Evans N Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway N Geisinger N Glanton N Golick Y Gordon N Gravley N Greene N Gregory

N Hamilton Harbin
N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

E McCall N Meadows Y Mitchell Y Morgan N Morris Y Mosby Y Murphy E Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Pezold N Powell, A N Powell, J N Pruett N Quick N Ramsey Y Randall N Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott
Setzler Y Sharper N Shaw N Sheldon N Sims, B

N Sims, C Y Smith, E N Smith, L E Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M N Stephens, R Y Stephenson Y Stovall N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S
Welch Weldon Y Wilkerson N Wilkinson Willard Y Williams, A N Williams, C Y Williams, E N Williamson N Yates Ralston, Speaker

On the motion, the ayes were 56, nays 108.

The motion was lost.

The Committee substitute was adopted.

THURSDAY, FEBRUARY 21, 2013

755

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams N Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Harbin
Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L E Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

E McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy E Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L E Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 113, nays 57.

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

HB 265. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, Geisinger of the 48th, Taylor of the 79th and others:

756

JOURNAL OF THE HOUSE

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 Committee substitute was read and adopted:
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 June 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 2013 regular session of the General Assembly. Otherwise, this Act shall not become effective and shall stand repealed on June 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.

THURSDAY, FEBRUARY 21, 2013

757

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

Y Abrams N Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett Y Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye N Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Harbin
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris N Mosby Y Murphy E Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 14.

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

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

758

JOURNAL OF THE HOUSE

HR 452. By Representative Holmes of the 129th:
A RESOLUTION commending Mr. G. Clisby Clarke and inviting him to appear before the House of Representatives; and for other purposes.
HR 453. By Representative Houston of the 170th:
A RESOLUTION congratulating the Nashville Woman's Club on their 100th anniversary and inviting its members to be appear before the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 151. By Representatives Rogers of the 29th, Casas of the 107th, Dempsey of the 13th, Ehrhart of the 36th, Carter of the 175th and others:
A RESOLUTION commending LaNette Holloman and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 284. By Representatives Rogers of the 29th, Casas of the 107th, Carter of the 175th, Ehrhart of the 36th and Dempsey of the 13th:
A RESOLUTION recognizing and commending Jean-Yves Vendeville and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 415. By Representatives Fleming of the 121st, Willard of the 51st, Lindsey of the 54th, Powell of the 171st, Kelley of the 16th and others:
A RESOLUTION recognizing February 17-23, 2013, as Georgia Court Reporting and Captioning Week at the capitol and inviting the Georgia Shorthand Reporters Association to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 454. By Representative Waites of the 60th:
A RESOLUTION commending Chief Albert John Luthuli and recognizing February 21, 2013, as Chief Albert Luthuli Day at the state capitol; and for other purposes.

THURSDAY, FEBRUARY 21, 2013

759

HR 455. By Representatives Drenner of the 85th and Henson of the 86th:

A RESOLUTION recognizing and commending the DeKalb Choral Guild upon the occasion of its 35th anniversary; and for other purposes.

HR 456. By Representatives Williams of the 119th, Quick of the 117th and Frye of the 118th:

A RESOLUTION recognizing and commending James Robert Chambers, Jr.; and for other purposes.

HR 457. By Representative Marin of the 96th:

A RESOLUTION recognizing and commending Jong Ho Lee on his outstanding accomplishments; and for other purposes.

HR 458. By Representative Allison of the 8th:

A RESOLUTION commending Emma Garrison on her significant achievements; and for other purposes.

HR 459. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:

A RESOLUTION honoring the life and memory of Elizabeth Ann Stringer Reins Cassady; and for other purposes.

HR 460.

By Representatives Dawkins-Haigler of the 91st, Bennett of the 94th, Stephenson of the 90th, Beasley-Teague of the 65th, Brooks of the 55th and others:

A RESOLUTION honoring and commending Reverend Doctor Eyvonne H. Whitman on her outstanding achievements; and for other purposes.

HR 461.

By Representatives Dawkins-Haigler of the 91st, Bennett of the 94th, Stephenson of the 90th, Beasley-Teague of the 65th, Brooks of the 55th and others:

A RESOLUTION honoring and commending Reverend Doctor Teresa L. Fry Brown on her outstanding achievements; and for other purposes.

760

JOURNAL OF THE HOUSE

HR 462.

By Representatives Dawkins-Haigler of the 91st, Bennett of the 94th, Stephenson of the 90th, Beasley-Teague of the 65th, Brooks of the 55th and others:

A RESOLUTION honoring and commending Bishop Carolyn Tyler Guidry on her outstanding achievements; and for other purposes.

HR 463. By Representative Dudgeon of the 25th:

A RESOLUTION honoring the life and memory of William Christopher Dannelly; and for other purposes.

HR 464. By Representatives Wilkinson of the 52nd and Taylor of the 173rd:

A RESOLUTION honoring the life and memory of Jamie White Oglesby, Sr.; and for other purposes.

Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense and Veterans Affairs has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 188 HR 204 HR 274

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Yates of the 73rd
Chairman

Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:

Mr. Speaker:

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

THURSDAY, FEBRUARY 21, 2013

761

HB 338 Do Pass, by Substitute

Respectfully submitted, /s/ Stephens of the 164th
Chairman

Representative Carter of the 175th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 287 HB 296 HR 281

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

Respectfully submitted, /s/ Brockway of the 102nd
Vice-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 has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 328 HB 329 HB 400

Do Pass Do Pass Do Pass

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

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

762

JOURNAL OF THE HOUSE

Mr. Speaker:

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

HB 336 Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 51st
Chairman

Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

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

HB 141 HB 146 HB 349

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

Respectfully submitted, /s/ Golick of the 40th
Chairman

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 210 Do Pass

Respectfully submitted, /s/ Channell of the 120th
Chairman

THURSDAY, FEBRUARY 21, 2013

763

Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:30 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:30 o'clock, tomorrow morning.

764

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Friday, February 22, 2013

Twenty-Second 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 Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Bennett Bentley Benton Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V Coleman

Cooke Coomer Cooper Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton E Ehrhart England Epps, J Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Hamilton

Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Howard E Hugley Jackson Jacobs Jasperse Jones, J Jones, L E Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Martin Maxwell Mayo

E McCall Meadows Mitchell
E Morgan Mosby
E Murphy E Neal
Nimmer Nix Oliver O'Neal Parrish Parsons Peake Pezold Powell, A E Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon

Sims, B Smith, E Smith, L Smith, R E Smyre Spencer Stephens, M Stephens, R Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. E Thomas, B Turner Waites Watson, B Watson, S Welch Weldon E Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Beverly of the 143rd, Dawkins-Haigler of the 91st, Epps of the 132nd, Fullerton of the 153rd, Gregory of the 34th, Houston of the 170th, Jordan of the

FRIDAY, FEBRUARY 22, 2013

765

77th, Morris of the 156th, Pak of the 108th, Smith of the 41st, and Stephenson of the 90th.
They wished to be recorded as present.
Prayer was offered by Reverend Albert E. Love, Pastor, Boat Rock Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives Coverdell Legislative Office Building, Room 507
Atlanta, Georgia 30334
February 21, 2013
Attention Clerks Office,
Please have our journal show a no vote for HB 264 and 265.
Thank you.
/s/ Earnest Williams Sincerely, Rep. Earnest "Coach" Williams
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.

766

JOURNAL OF THE HOUSE

3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Industry and Labor:
HB 362. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13, 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 bonds for public works contracts, competitive award requirements, and 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 for an effective date and applicablity; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 431. By Representative Dickey of the 140th:
A BILL to be entitled an Act to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 188687, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), and an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), so as to provide for elections and terms of members of the city council; to change the election of councilmembers from district to atlarge; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

FRIDAY, FEBRUARY 22, 2013

767

HB 432. By Representative Morris of the 156th:
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 provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 433. By Representative Morris of the 156th:
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, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3608), 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 submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 434. By Representatives Weldon of the 3rd, Willard of the 51st and Jacobs of the 80th:
A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due and interest on such amount; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 435. By Representatives Willard of the 51st, Lindsey of the 54th, Jones of the 47th, Geisinger of the 48th, Martin of the 49th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as

768

JOURNAL OF THE HOUSE

amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3537), so as to change the compensation of the chief judge of the court; to provide for duties of the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 436. By Representatives Turner of the 21st, Hill of the 22nd, Sheldon of the 104th, Carson of the 46th, Caldwell of the 20th and others:
A BILL to be entitled an Act to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold office, vacation of office, and validity of acts performed while in office, so as to authorize counties and municipalities to provide by local law for district durational residency requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 437. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:
A BILL to be entitled an Act to provide for the selection of the chief judge of the Atlanta Judicial Circuit; to provide for terms; to provide for powers and duties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 438. By Representatives Powell of the 171st, Welch of the 110th, Willard of the 51st, Allison of the 8th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 15-23-7 of the Official Code of Georgia Annotated, relating to collection of additional legal costs in civil actions for purposes of providing court-connected or court-referred alternative dispute resolution programs, so as to increase the maximum amount of such additional cost; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 439. By Representatives Howard of the 124th, Powell of the 32nd, Frazier of the 126th, Talton of the 147th, Murphy of the 127th and others:

FRIDAY, FEBRUARY 22, 2013

769

A BILL to be entitled an Act to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications, training requirements, and exemptions for sheriffs, so as to clarify provisions related to proof of eligibility to hold office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 440. By Representatives Watson of the 172nd and Houston of the 170th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Ellenton, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3073), so as to change certain provisions relating to the election and powers of city councilmembers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 441. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:
A BILL to be entitled an Act to provide for the administration of the budget of the Superior Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 442. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:
A BILL to be entitled an Act to provide for the administration of the budget of the State Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

770

JOURNAL OF THE HOUSE

HB 443. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 444. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Rice of the 95th and others:
A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to increase the amount of such supplement for the judges of the superior court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 445. By Representatives Hatchett of the 150th and Dickson of the 6th:
A BILL to be entitled an Act to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local five mill share funds, so as to exclude freeport property from the equalized adjusted school property tax digest for purposes of calculating local five mill share; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 446. By Representatives Peake of the 141st, Lindsey of the 54th, Willard of the 51st, England of the 116th, Cooper of the 43rd and others:
A BILL to be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for certain

FRIDAY, FEBRUARY 22, 2013

771

additional notice requirements for a proposed ward who resided in another state prior to the submission of a guardianship or conservatorship petition for such proposed ward; to require disclosure in petitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 447. By Representatives Hatchett of the 150th, Epps of the 144th and Pruett of the 149th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 448. By Representatives Kirby of the 114th, Jackson of the 128th and Dickey of the 140th:
A BILL to be entitled an Act to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to redefine the zones of this state in which game may be enticed; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to wildlife hunting seasons and bag limits, so as to extend the deer season for Glascock County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 449. By Representatives Gravley of the 67th, Jacobs of the 80th, Hightower of the 68th, Teasley of the 37th, Smyre of the 135th and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of agency records is not required, so as to change certain provisions relating to 9-1-1 calls; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

772

JOURNAL OF THE HOUSE

HB 450. By Representatives Ballinger of the 23rd, Hill of the 22nd, Caldwell of the 20th and Turner of the 21st:
A BILL to be entitled an Act to amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), 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 said technology fees may be put; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 451. By Representatives Smyre of the 135th, Smith of the 134th, Willard of the 51st and Hugley of the 136th:
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 Chattahoochee Judicial Circuit and the Oconee Judicial Circuit; 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 amend an Act entitled "An Act to amend Chapter 6 of Title 15 of the O.C.G.A., relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 452. By Representatives Jones of the 47th and Hill of the 22nd:
A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, so as to change the description of the election districts; to provide 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.
Referred to the Committee on Intragovernmental Coordination - Local.

FRIDAY, FEBRUARY 22, 2013

773

HB 453. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to exempt from taxation all income received as a military retirement or survivor benefit; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HR 450. By Representatives Rogers of the 10th, Gasaway of the 28th, Hawkins of the 27th, Smyre of the 135th, Powell of the 32nd and others:
A RESOLUTION recognizing Colonel Benjamin H. and Anne Grant Purcell and dedicating a road in their honor; and for other purposes.
Referred to the Committee on Transportation.

HR 451. By Representative Epps of the 132nd:

A RESOLUTION honoring the life of Trooper John Frank Bass and dedicating a bridge in his memory; and for other purposes.

Referred to the Committee on Transportation.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 11 HB 404 HB 406 HB 408 HB 410 HB 412 HB 414 HB 416 HB 418 HB 420 HB 422 HB 424 HB 426 HB 428 HB 430 HR 412 SB 69

HB 17 HB 405 HB 407 HB 409 HB 411 HB 413 HB 415 HB 417 HB 419 HB 421 HB 423 HB 425 HB 427 HB 429 HR 411 SB 11 SB 86

774

JOURNAL OF THE HOUSE

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

HR 221 Do Pass HR 222 Do Pass

Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HB 384 Do Pass, by Substitute

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

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 22, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 83

Mortgage broker licensing requirements; licensed real estate brokers and salespersons assisting in a short sale real estate transaction; exempt (SBDKnight-130th)

FRIDAY, FEBRUARY 22, 2013

775

HB 161 HB 274
HB 312

Trial juries; oath of bailiffs; change provisions (Judy-Atwood-179th) Game and fish; regulate practice of falconry (Substitute)(GF&P-Burns159th) Insurance; regulating insurance holding company systems; provide comprehensive revision of provisions (Substitute)(Ins-Carson-46th)

Modified Structured Rule

HB 179

Pharmacies; The Pharmacy Audit Bill of Rights; change certain provisions (Substitute)(Ins-Welch-110th)

Structured Rule

None

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

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

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

Mr. Speaker:

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

SB 12. By Senator McKoon of the 29th:

A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity; to provide for definitions; to provide for specifications for a recreational joint-use agreement; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 104. By Senators Ginn of the 47th, Jeffares of the 17th, Albers of the 56th, Carter of the 42nd, Miller of the 49th and others:

776

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the minimum elements addressed and included in comprehensive plans of local governments; to remove the requirement for certain findings with regard to projects of regional importance or impact; to remove certain limitations on actions by counties or municipalities with regard to local plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
SR 113. By Senators Jackson of the 24th, Albers of the 56th, Jeffares of the 17th and Bethel of the 54th:
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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, to provide for an effective date, to repeal conflicting laws, and for other purposes.
HB 201. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to create the Grady County Lake Authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 204. By Representative Powell of the 171st:
A BILL to be entitled an Act to provide a new charter for the City of Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, so as to provide for staggered, four-year terms of office for the city council; to provide for four-year terms of office for the mayor; to provide for the manner of election and transitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 278. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), and an Act approved March 28, 2011 (Ga. L. 2011, p. 3525), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to repeal

FRIDAY, FEBRUARY 22, 2013

777

provisions relating to the appointment, qualifications, powers and duties, and compensation of a city manager; 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 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 12. By Senator McKoon of the 29th:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity; to provide for definitions; to provide for specifications for a recreational joint-use agreement; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 104. By Senators Ginn of the 47th, Jeffares of the 17th, Albers of the 56th, Carter of the 42nd, Miller of the 49th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the minimum elements addressed and included in comprehensive plans of local governments; to remove the requirement for certain findings with regard to projects of regional importance or impact; to

778

JOURNAL OF THE HOUSE

remove certain limitations on actions by counties or municipalities with regard to local plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SR 113. By Senators Jackson of the 24th, Albers of the 56th, Jeffares of the 17th and Bethel of the 54th:
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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, to provide for an effective date, to repeal conflicting laws, and for other purposes.
Referred to the Committee on State Properties.
By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until the next legislative day:
HB 170. By Representatives Jones of the 47th, Lindsey of the 54th, Martin of the 49th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to provide tax relief for Fulton County; to impose a cap on certain millage rates imposed by Fulton County; to provide for future millage rate increases; to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a two-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Jones of the 47th, Holt of the 112th, Bell of the 58th, Taylor of the 173rd, and Jones of the 62nd.

FRIDAY, FEBRUARY 22, 2013

779

Pursuant to HR 151, the House commended LaNette Holloman and invited her to be recognized by the House of Representatives.

Pursuant to HR 284, the House recognized and commended Jean-Yves Vendeville and invited him to be recognized by the House of Representatives.

Pursuant to HR 415, the House recognized February 17-23, 2013, as Georgia Court Reporting and Captioning Week at the capitol and invited the Georgia Shorthand Reporters Association to appear before the House of Representatives.

Representative Hamilton of the 24th District, Chairman of the Committee on Industry and Labor, submitted the following report:

Mr. Speaker:

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

HB 361 HB 362 HB 393

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

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

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

HB 298. By Representatives Dickey of the 140th, Harden of the 148th, Watson of the 172nd, Epps of the 144th, Shaw of the 176th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Georgia Grown Products; to provide for the operation and function of the commodity commission; to amend Code Section 2-8-10 of the Official Code of Georgia Annotated, relating to nonapplicability of Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, so as to exclude the Agricultural Commodity Commission for Georgia Grown Products from the provisions of such article; to repeal conflicting laws; and for other purposes.

780

JOURNAL OF THE HOUSE

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 274. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, Stephens of the 164th, Smith of the 134th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, so as to regulate the practice of falconry; 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 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, so as to regulate the practice of falconry; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, is amended by repealing in its entirety Code Section 27-2-17, relating to falconry permits, and enacting a new Code Section 27-2-17 to read as follows:
"27-2-17. (a) It shall be unlawful for any person to trap, take, transport, or possess raptors for falconry purposes unless such person possesses, in addition to any licenses and permits otherwise required by this title, a valid falconry permit as provided in Code Section 272-23. (b) It shall be unlawful for any nonresident to trap, take, or attempt to trap or take a raptor from the wild in this state or to transport or possess any raptor in this state unless such nonresident possesses:
(1) A valid falconry license or permit issued by his or her state, tribe, or territory, provided that such state, tribe, or territory has been certified by the United States Fish and Wildlife Service as compliant with applicable federal falconry law; and (2) All licenses and permits otherwise required by this title. (c) Application for a falconry permit shall be made on forms obtained from the department. (d) No falconry permit shall be issued until the applicant's raptor housing facilities and equipment have been inspected and certified by the department.

FRIDAY, FEBRUARY 22, 2013

781

(e) The department shall have the right, during reasonable times, to enter upon the premises of persons subject to this Code section to inspect and certify compliance with federal and state standards. (f) It shall be lawful for a falconer who is in full compliance with this Code section to take small game with raptors, so long as such falconer observes all other laws regulating the taking of small game. (g) The board shall promulgate rules and regulations necessary to carry out the purposes of this Code section and to ensure compliance with federal law. If the commissioner certifies that any rule is necessary for compliance with federal law, the board may adopt such rule without complying with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight

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

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson

782

JOURNAL OF THE HOUSE

Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

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

HB 83.

By Representatives Knight of the 130th, Clark of the 98th, Teasley of the 37th, Pezold of the 133rd and Braddock of the 19th:

A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mortgage brokers, so as to exempt licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming

Y Hamilton Harbin
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S

E McCall Y Meadows Y Mitchell E Morgan Y Morris Y Mosby E Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT

FRIDAY, FEBRUARY 22, 2013

783

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Randall Y Rice E Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

HB 179. By Representatives Welch of the 110th, Stephens of the 164th, Rutledge of the 109th, Parrish of the 158th, Harden of the 148th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to change certain provisions relating to The Pharmacy Audit Bill of Rights; 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 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to change certain provisions relating to The Pharmacy Audit Bill of Rights; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended by revising Code Section 26-4-118, relating to The Pharmacy Audit Bill of Rights, as follows:
"26-4-118. (a) This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of Rights.'

784

JOURNAL OF THE HOUSE

(b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department, it shall be conducted in accordance with the following bill of rights:
(1) The entity conducting the initial on-site audit must give the pharmacy notice at least one week prior to conducting the initial on-site audit for each audit cycle; (2) Any audit which involves clinical or professional judgment must be conducted by or in consultation with a pharmacist; (3) Any clerical or record-keeping error, such as including but not limited to a typographical error, scrivener's error, or computer error, regarding a required document or record may not in and of itself constitute fraud. ; however, such claims may be subject to recoupment. No such claim shall be subject to criminal penalties without proof of intent to commit fraud;. No recoupment of the cost of drugs or medicinal supplies properly dispensed shall be allowed if such error has occurred and been resolved in accordance with paragraph (4) of this subsection; provided, however, that recoupment shall be allowed to the extent that such error resulted in an overpayment, underpayment, or improper dispensing of drugs or medicinal supplies. (4) A pharmacy shall be allowed at least 30 days following the conclusion of an onsite audit or receipt of the preliminary audit report in which to correct a clerical or record-keeping error or produce documentation to address any discrepancy found during an audit, including to secure and remit an appropriate copy of the record from a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication if the lack of such a record or an error in such a record is identified in the course of an on-site audit or noticed within the preliminary audit report; (4)(5) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (5)(6) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; however, recoupment of claims must be based on the actual overpayment or underpayment unless the projection for overpayment or underpayment is part of a settlement as agreed to by the pharmacy; (6)(7) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (7) A pharmacy shall be allowed at least 30 days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (8) The period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, insurance company,

FRIDAY, FEBRUARY 22, 2013

785

third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department; (9) An audit may not be initiated or scheduled during the first seven calendar days of any month due to the high volume of prescriptions filled during that time unless otherwise consented to by the pharmacy; (10) The preliminary audit report must be delivered to the pharmacy within 120 days after conclusion of the audit. A final audit report shall be delivered to the pharmacy within six months after receipt of the preliminary audit report or final appeal, as provided for in subsection (c) of this Code section, whichever is later; and (11) The audit criteria set forth in this subsection shall apply only to audits of claims submitted for payment after July 1, 2006. Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. (c) Recoupments of any disputed funds shall only occur after final internal disposition of the audit, including the appeals process as set forth in subsection (d) of this Code section. (d) Each entity conducting an audit shall establish an appeals process under which a pharmacy may shall have at least 30 days from the delivery of the preliminary audit report to appeal an unfavorable preliminary audit report to the entity. If, following the appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or said such portion without the necessity of any further proceedings. (e) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor. (f) This Code section shall not apply to any investigative audit which involves fraud, willful misrepresentation, or abuse including without limitation investigative audits under Article 7 of Chapter 4 of Title 49, Code Section 33-1-16, or any other statutory provision which authorizes investigations relating to insurance fraud. (g) The provisions of paragraph (3) of subsection (b) of this Code section shall not apply to the Department of Community Health conducting audits under Article 7 of Chapter 4 of Title 49."

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 Abrams Y Alexander Y Allison

Y Coomer Y Cooper Y Dawkins-Haigler

Y Hamilton Y Harbin Y Harden

E McCall Y Meadows Y Mitchell

Sims, C Y Smith, E Y Smith, L

786

JOURNAL OF THE HOUSE

Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston
Howard E Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo

E Morgan Y Morris Y Mosby E Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice E Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 0.

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

HB 161. By Representatives Atwood of the 179th, Willard of the 51st, Fleming of the 121st, Hightower of the 68th, Pak of the 108th and others:

A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to change provisions relating to the oath of bailiffs; 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.

FRIDAY, FEBRUARY 22, 2013

787

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks N Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd N Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell E Morgan Y Morris Y Mosby E Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice E Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A
Williams, C Y Williams, E 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.

HB 312. By Representatives Carson of the 46th, Golick of the 40th, Smith of the 134th, Brockway of the 102nd, Shaw of the 176th and others:

A BILL to be entitled an Act to amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, so as to provide for comprehensive revision of the provisions regulating insurance holding company systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

788

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, so as to provide for comprehensive revision of the provisions regulating insurance holding company systems; to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide the extension of malpractice insurance to a medical group which has a mutually exclusive contract to provide medical services to the enrollees of a health maintenance organization 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. Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, is amended by revising the entire chapter as follows:
"CHAPTER 13
33-13-1. As used in this chapter, the term:
(1) 'Affiliate,' including the term 'affiliate of' or 'person affiliated with' a specific person, means a person who directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with any person specified in paragraph (6) of this Code section the person specified. (2) 'Commissioner' means the Commissioner of Insurance, his the Commissioner's deputies, or the Insurance Department, as appropriate. (3) 'Control,' including the terms 'controlling,' 'controlled by,' and 'under common control with,' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with an entity listed in paragraph (6) of this Code section or corporate office held by the person. Control shall be presumed to exist if any person directly or indirectly owns, controls, holds with the power to vote, or holds proxies representing 10 percent or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided by subsection (i) (k) of Code Section 33-13-4 that control does not exist in fact. The Commissioner may determine after furnishing all persons in interest notice and opportunity to be heard and after

FRIDAY, FEBRUARY 22, 2013

789

making specific findings of fact to support such determination that control exists in fact, notwithstanding the absence of a presumption to that effect. (4) 'Enterprise risk' means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer's risk-based capital to fall into company action level as set forth in Chapter 56 of this title or would cause the insurer to be in hazardous financial condition based on the standards prescribed by Chapter 120-2-54 of the Commissioner's rules and regulations. (4)(5) 'Insurance holding company system' means two or more affiliated persons, one or more of which is an insurer. (5)(6) 'Insurer' shall have the same meaning as set forth in Code Section 33-1-2, except that it shall not include: (A) agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state; (B) fraternal benefit societies; or (C) nonprofit medical and hospital service associations. (6)(7) 'Person' means an individual, a corporation, a limited liability company, a partnership, an association, a joint-stock company, a trust, an unincorporated organization, any similar entity, or any combination of the foregoing acting in concert, but shall not include any securities broker performing no more than the usual and customary broker's function any joint venture partnership exclusively engaged in owning, managing, leasing, or developing real or tangible personal property. (7) 'Securityholder' means one who owns any security of a specified person including common stock, preferred stock, debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing. (8) 'Subsidiary' means an affiliate controlled by a specified person directly or indirectly through one or more intermediaries. (9) 'Voting security' means any instrument which in law or by contract gives the holder the right to vote, consent, or authorize any corporate action of an insurer. Voting security shall also include any security convertible into or evidencing a right to acquire a voting security.
33-13-2. (a) Any domestic insurer either by itself or in cooperation with one or more persons may organize or acquire one or more subsidiaries. The subsidiaries may conduct any kind of business or businesses permitted by the Constitution and laws of this state; and their authority to do so shall not be limited by reason of the fact that they are subsidiaries of a domestic insurer. (b) In addition to investments in common stock, preferred stock, debt obligations, and other securities permitted under all other Code sections of this title, a domestic insurer may also:

790

JOURNAL OF THE HOUSE

(1) Invest in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries amounts which do not exceed the lesser of 5 10 percent of the insurer's assets or 50 percent of the insurer's surplus as regards policyholders, provided that after the investments the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. In calculating the amount of such investments, investments in domestic or foreign insurance subsidiaries and health maintenance organizations shall be excluded, and there shall be included:
(A) Total net moneys or other consideration expended and obligations assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of the subsidiary whether or not represented by the purchase of capital stock or issuance of other securities; and (B) All amounts expended in acquiring additional common stock, preferred stock, debt obligations, and other securities and all contributions to the capital or surplus of a subsidiary subsequent to its acquisition or formation; (2) Invest any amount in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries, if the insurer's total liabilities, as calculated for purposes of the National Association of Insurance Commissioners' annual statement, are less than 10 percent of its assets, provided that after the investment the insurer's surplus as regards policyholders, considering the investment as if it were a disallowed asset, will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs; (3)(2) Invest any amount in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries engaged or organized to engage exclusively in the ownership and management of assets authorized as investments for the insurer, provided that each subsidiary agrees to limit its investments in any asset so that the investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations applicable to the insurer as specified in paragraph (1) of this subsection or in Chapter 11 of this title. For the purpose of this paragraph, 'the total investment of the insurer' shall include: (A) Any any direct investment by the insurer in an asset; and (B) The the insurer's proportionate share of any investment in an asset by any subsidiary of the insurer which shall be calculated by multiplying the amount of the subsidiary's investment by the percentage of the insurer's ownership of such subsidiary; and (4)(3) Invest any amount in common stock, preferred stock, debt obligations, or other securities of one or more subsidiaries with the approval of the Commissioner, provided that after the investment the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs.; and (5) Invest any amount in the common stock, preferred stock, debt obligations, or other securities of any subsidiary exclusively engaged in holding title to or holding title to and managing or developing real or personal property if, after considering as a

FRIDAY, FEBRUARY 22, 2013

791

disallowed asset so much of the investment as is represented by subsidiary assets which if held directly by the insurer would be considered as a disallowed asset, the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs and if following such investment all voting securities of such subsidiary would be owned by the insurer. (c) Investments in common stock, preferred stock, debt obligations, or other securities of subsidiaries made pursuant to subsection (b) of this Code section shall not be subject to any of the otherwise applicable restrictions or prohibitions contained in this title applicable to the investments of insurers. (d) Whether any investment pursuant to subsection (b) of this Code section meets the applicable requirements of paragraphs (1) through (5) of that subsection (b) of this Code section is to be determined immediately after the investment is made, taking into account the then outstanding principal balance on all previous investments in debt obligations and the value of all previous investments in equity securities as of the date they were made before the investment is made, by calculating the applicable investment limitations as though the investment had already been made, taking into account the then outstanding principal balance on all previous investments in debt obligations, and the value of all previous investments in equity securities as of the day they were made, net of any return of capital invested, not including dividends. (e) If an insurer ceases to control a subsidiary, it shall dispose of any investment in the subsidiary made pursuant to this Code section within three years from the time of the cessation of control or within any further time as the Commissioner may prescribe unless at any time after the investment shall have been made the investment shall have met the requirements for investment under any other Code section of this title and the insurer notifies the Commissioner that the requirement has been met.
33-13-3. (a) Requirement of filing of statement Filing requirements.
(1) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if after the consummation of the agreement the person would directly or indirectly or by conversion or by exercise of any right to acquire be in control of the insurer; and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer or any person controlling a domestic insurer unless at the time the offer, request, or invitation is made or the agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the Commissioner and has sent to the insurer and the insurer has sent to its shareholders a statement containing the information required by this Code section and the offer, request, invitation, agreement, or acquisition has been approved by the Commissioner in the manner prescribed in subsection (e) (d) of this Code section.

792

JOURNAL OF THE HOUSE

(2) For the purposes of this Code section, a 'domestic insurer' means any other person controlling a domestic insurer, unless the other person is either directly or through its affiliates primarily engaged in business other than the business of insurance any controlling person of a domestic insurer seeking to divest its controlling interest in the domestic insurer, in any manner, shall file with the Commissioner, with a copy to the insurer, confidential notice of its proposed divestiture at least 30 days prior to the cessation of control. The Commissioner shall determine those instances in which the party seeking to divest or to acquire a controlling interest in an insurer will be required to file for and obtain approval of the transaction. The information shall remain confidential until the conclusion of the transaction unless the Commissioner, in his or her discretion, determines that confidential treatment will interfere with enforcement of this Code section. If the statement referred to in paragraph (1) of this subsection is otherwise filed, this paragraph shall not apply. (3) With respect to a transaction subject to this Code section, the acquiring person must also file a preacquisition notification with the Commissioner, which shall contain the information set forth in paragraph (1) of subsection (c) of Code Section 33-13-3.1. A failure to file the notification may be subject to penalties specified in paragraph (3) of subsection (e) of Code Section 33-13-3.1. (4) For purposes of this Code section, a 'domestic insurer' shall include any person controlling a domestic insurer unless the person, as determined by the Commissioner, is either directly or through its affiliates primarily engaged in business other than the business of insurance. For the purposes of this Code section, 'person' shall not include any securities broker holding, in the usual and customary broker's function, less than 20 percent of the voting securities of an insurance company or of any person which controls an insurance company. (b) Execution and content of statement. The statement to be filed with the Commissioner in accordance with this Code section shall be made under oath or affirmation and shall contain the following information: (1) The name and address of each person, hereinafter called 'acquiring party,' by whom or on whose behalf the merger or other acquisition of control referred to in subsection (a) of this Code section is to be effected and:
(A) If the person is an individual, his or her principal occupation and all offices and positions held during the past five years and any conviction of crimes other than minor traffic violations during the past ten years; and (B) If the person is not an individual, a report of the nature of its business operations during the past five years or for any lesser periods as the person and any predecessors of such person shall have been in existence; an informative description of the business intended to be done by the person and the person's subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of the person or who perform or will perform functions appropriate to the positions. The list shall include for each individual the information required by subparagraph (A) of this paragraph;

FRIDAY, FEBRUARY 22, 2013

793

(2) The source, nature, and amount of the consideration used or to be used in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for that purpose, including any pledge of the insurer's stock, or the stock of any of its subsidiaries or controlling affiliates, and the identity of persons furnishing the consideration; provided, however, that where a source of the consideration is a loan made in the lender's ordinary course of business, the identity of the lender shall remain confidential if the person filing the statement so requests; (3) Financial statements containing independent fully Fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding five fiscal years of each acquiring party or for any lesser period as the acquiring party and any predecessors of the acquiring party shall have been in existence and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement; (4) Any plans or proposals which each acquiring party may have to liquidate the insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management; (5) The number of shares of any security referred to in subsection (a) of this Code section which each acquiring party proposes to acquire and the terms of the offer, request, invitation, agreement, or acquisition referred to in subsection (a) of this Code section and a statement as to the method by which the fairness of the proposal was arrived at; (6) The amount of each class of any security referred to in subsection (a) of this Code section which is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party; (7) A full description of any contracts, arrangements, or understandings with respect to any security referred to in subsection (a) of this Code section in which any acquiring party is involved, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies; and the description shall identify the persons with whom the contracts, arrangements, or understandings have been entered into; (8) A description of the purchase by any acquiring party of any security referred to in subsection (a) of this Code section during the 12 calendar months preceding the filing of the statement by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid for such purchase; (9) A description of any recommendations to purchase any security referred to in subsection (a) of this Code section made during the 12 calendar months preceding the filing of the statement by any acquiring party or by anyone based upon interviews or at the suggestion of the acquiring party; (10) Copies of all tender offers for, requests or invitations for tenders of exchange offers for, and agreements to acquire or exchange any securities referred to in

794

JOURNAL OF THE HOUSE

subsection (a) of this Code section and, if distributed, of additional soliciting material relating thereto; (11) The terms of any agreement, contract, or understanding made with or proposed to be made with any broker-dealer as to solicitation of securities referred to in subsection (a) of this Code section for tender and the amount of any fees, commissions, or other compensation to be paid to broker-dealers with regard to the agreement, contract, or understanding; and (12) An agreement by the person required to file the statement referred to in subsection (a) of this Code section that it will provide the annual report, specified in subsection (l) of Code Section 33-13-4, for so long as control exists; (13) An acknowledgment by the person required to file the statement referred to in subsection (a) of this Code section that the person and all subsidiaries within its control in the insurance holding company system will provide information to the Commissioner upon request as necessary to evaluate enterprise risk to the insurer; and (12)(14) Any additional information as the Commissioner may by rule or regulation prescribe as necessary or appropriate for the protection of policyholders and securityholders of the insurer or in the public interest. If the person required to file the statement referred to in subsection (a) of this Code section is a partnership, limited partnership, syndicate, or other group, the Commissioner may require that the information called for by paragraphs (1) through (14) of this subsection shall be given with respect to each partner of the partnership or limited partnership, each member of the syndicate or group, and each person who controls the partner or member. If any partner, member, or person is a corporation or the person required to file the statement referred to in subsection (a) of this Code section is a corporation, the Commissioner may require that the information called for by paragraphs (1) through (14) of this subsection shall be given with respect to the corporation, each officer and director of the corporation, and each person who is directly or indirectly the beneficial owner of more than 10 percent of the outstanding voting securities of the corporation. If any material change occurs in the facts set forth in the statement filed with the Commissioner and sent to the insurer pursuant to this Code section, an amendment setting forth the change, together with copies of all documents and other material relevant to the change, shall be filed with the Commissioner and sent to the insurer within two business days after the person learns of the change. (c) Filing requirements for partnerships. If the person required to file the statement referred to in subsection (a) of this Code section is a partnership, limited partnership, syndicate, or other group, the Commissioner may require that the information called for by paragraphs (1) through (12) of subsection (b) of this Code section shall be given with respect to each partner of the partnership or limited partnership, each member of the syndicate or group, and each person who controls the partner or member. If any partner, member, or person is a corporation or if the person required to file the statement referred to in subsection (a) of this Code section is a corporation, the Commissioner may require that the information called for by paragraphs (1) through

FRIDAY, FEBRUARY 22, 2013

795

(12) of subsection (b) of this Code section shall be given with respect to the corporation, each officer and director of the corporation, and each person who is directly or indirectly the beneficial owner of more than 10 percent of the outstanding voting securities of the corporation. (d) Amendment of statement. If any material change occurs in the facts set forth in the statement filed with the Commissioner and sent to the insurer pursuant to this Code section, an amendment setting forth the change together with copies of all documents and other material relevant to the change shall be filed with the Commissioner and sent to the insurer within two business days after the person learns of the change. The insurer shall send the amendment to its shareholders. (e)(c) Alternate filing of registration statements materials. If any offer, request, invitation, agreement, or acquisition referred to in subsection (a) of this Code section is proposed to be made by means of a registration statement under the Securities Act of 1933, in circumstances requiring the disclosure of similar information, under the Securities Exchange Act of 1934, or under a state law requiring similar registration or disclosure, the person required to file the statement referred to in subsection (a) of this Code section may utilize the documents in furnishing the information called for by that statement. (f)(d) Approval or disapproval by Commissioner; hearings.
(1) The Commissioner shall approve any merger or other acquisition of control referred to in subsection (a) of this Code section unless, after a public hearing thereon, he or she finds that:
(A) After the change of control the domestic insurer referred to in subsection (a) of this Code section would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed; (B) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in this state or tend to create a monopoly. in the insurance business in this state; In applying the competitive standard in this subparagraph:
(i) The informational requirements of paragraph (1) of subsection (c) of Code Section 33-13-3.1 and the standards of paragraph (2) of subsection (d) of Code Section 33-13-3.1 shall apply; (ii) The merger or other acquisition shall not be disapproved if the Commissioner finds that any of the situations meeting the criteria provided by paragraph (3) of subsection (d) of Code Section 33-13-3.1 exist; and (iii) The Commissioner may condition the approval of the merger or other acquisition on the removal of the basis of disapproval within a specified period of time; (C) The financial condition of any acquiring party is such as might jeopardize the financial stability of the insurer or prejudice the interest of its policyholders or the interests of any remaining securityholders who are unaffiliated with the acquiring party;

796

JOURNAL OF THE HOUSE

(D) The terms of the offer, request, invitation, agreement, or acquisition referred to in subsection (a) of this Code section are unfair and unreasonable to the securityholders of the insurer; (E)(D) The plans or proposals which the acquiring party has to liquidate the insurer, to sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management are unfair and unreasonable to policyholders of the insurer and not in the public interest; or (F)(E) The competence, experience, and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer and of the public to permit the merger or other acquisition of control; or (F) The acquisition is likely to be hazardous or prejudicial to the insurance buying public. (2) The public hearing referred to in paragraph (1) of this subsection shall be held within 30 days after the statement required by subsection (a) of this Code section is filed; and at least 20 days' notice of the public hearing shall be given by the Commissioner to the person filing the statement. Not less than seven days' notice of the public hearing shall be given by the person filing the statement to the insurer and to any other persons as may be designated by the Commissioner. The insurer shall give the notice to its securityholders. The Commissioner shall make a determination within 30 days after the conclusion of the hearing the 60 day period preceding the effective date of the proposed transaction. At the hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected thereby shall have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments and in connection therewith shall be entitled to conduct discovery proceedings in the same manner as is presently allowed in the superior courts of this state. All discovery proceedings shall be concluded not later than three days prior to the commencement of the public hearing. (3) If the proposed acquisition of control will require the approval of more than one commissioner, the public hearing referred to in paragraph (2) of this subsection may be held on a consolidated basis upon request of the person filing the statement referred to in subsection (a) of this Code section. Such person shall file the statement referred to in subsection (a) of this Code section with the National Association of Insurance Commissioners within five days of making the request for a public hearing. A commissioner may opt out of a consolidated hearing and shall provide notice to the applicant of the opt-out within ten days of the receipt of the statement referred to in subsection (a) of this Code section. A hearing conducted on a consolidated basis shall be public and shall be held within the United States before the commissioners of the states in which the insurers are domiciled. Such commissioners shall hear and receive evidence. A commissioner may attend such hearing, in person or by telecommunication.

FRIDAY, FEBRUARY 22, 2013

797

(4) In connection with a change of control of a domestic insurer, any determination by the Commissioner that the person acquiring control of the insurer shall be required to maintain or restore the capital of the insurer to the level required by the laws and regulations of this state shall be made not later than 60 days after the date of notification of the change in control submitted pursuant to paragraph (1) of subsection (a) of this Code section. (5) The Commissioner may retain at the acquiring person's expense any attorneys, actuaries, accountants, and other experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist the Commissioner in reviewing the proposed acquisition of control. (g) Mailing of statements, etc., to shareholders; payment of expenses. All statements, amendments, or other material filed pursuant to subsection (a) or (b) of this Code section and all notices of public hearings held pursuant to subsection (f) of this Code section shall be mailed by the insurer to its shareholders within five business days after the insurer has received the statements, amendments, other material, or notices. The expenses of mailing shall be borne by the person making the filing. As security for the payment of the expenses, such person shall file with the Commissioner an acceptable bond or other deposit in an amount to be determined by the Commissioner. (h)(e) Exemptions. This Code section shall not apply to any offer, request, invitation, agreement, or acquisition which the Commissioner by order shall exempt from this Code section as not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer or as otherwise not comprehended within the purposes of this Code section. (i)(f) Violations. The following shall be violations of this Code section: (1) The failure to file any statement, amendment, or other material required to be filed pursuant to subsection (a) or (b) of this Code section; or (2) The effectuation or any attempt to effectuate an acquisition of control of or merger with a domestic insurer unless the Commissioner has given his approval to the acquisition of control or merger. (j)(g) Jurisdiction; service of process. The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files a statement with the Commissioner under this Code section and over all actions involving that person arising out of violations of this Code section; and each person shall be deemed to have performed acts equivalent to and constituting an appointment by that person of the Commissioner to be his or her true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of this Code section. Copies of all lawful process shall be served on the Commissioner and transmitted by registered or certified mail or statutory overnight delivery by the Commissioner to the person at his or her last known address.
33-13-3.1. (a) As used in this Code section, the term:

798

JOURNAL OF THE HOUSE

(1) 'Acquisition' means any agreement, arrangement, or activity, the consummation of which results in a person acquiring directly or indirectly the control of another person and, includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers. (2) 'Involved insurer' includes an insurer which either acquires or is acquired, is affiliated with an acquirer or acquired, or is the result of a merger. (b)(1) Except as exempted in paragraph (2) of this subsection, this Code section applies to any acquisition in which there is a change in control of an insurer authorized to do business in this state. (2) This Code section shall not apply to the following:
(A) An acquisition subject to approval or disapproval by the Commissioner pursuant to Code Section 33-13-3; (B)(A) A purchase of securities solely for investment purposes so long as such securities are not used by voting or otherwise to cause or attempt to cause the substantial lessening of competition in any insurance market in this state. If a purchase of securities results in a presumption of control under paragraph (3) of Code Section 33-13-1, it is not solely for investment purposes unless the commissioner of the insurer's state of domicile accepts a disclaimer of control or affirmatively finds that control does not exist and such disclaimer action or affirmative finding is communicated by the domiciliary commissioner to the Commissioner of this state; (C)(B) The acquisition of a person by another person when both persons are neither directly nor through affiliates primarily engaged in the business of insurance, if preacquisition notification is filed with the Commissioner in accordance with paragraph (1) of subsection (c) of this Code section 30 days prior to the proposed effective date of the acquisition. However, such preacquisition notification is not required for exclusion from this Code section if the acquisition would otherwise be excluded from this Code section by any other subparagraph of this paragraph; (D)(C) The acquisition of already affiliated persons; (E)(D) An acquisition if, as an immediate result of the acquisition:
(i) In no market would the combined market share of the involved insurers exceed 5 percent of the total market; (ii) There would be no increase in any market share; or (iii) In no market would:
(I) The combined market share of the involved insurers exceed 12 percent of the total market; and (II) The market share increase by more than 2 percent of the total market. For the purpose of this subparagraph, the term 'market' means a direct written insurance premium in this state for a line of business as contained in the annual statement required to be filed by insurers licensed to do business in this state; (F)(E) An acquisition for which a preacquisition notification would be required pursuant to this Code section due solely to the resulting effect on the ocean marine insurance line of business; or

FRIDAY, FEBRUARY 22, 2013

799

(G)(F) An acquisition of an insurer whose domiciliary commissioner affirmatively finds that such insurer is in failing condition; there is a lack of feasible alternative to improving such condition; the public benefits of improving such insurer's condition through the acquisition exceed the public benefits that would arise from not lessening competition; and such findings are communicated by the domiciliary commissioner to the Commissioner of this state. (c) An acquisition covered by subsection (b) of this Code section may be subject to an order pursuant to subsection (e) of this Code section unless the acquiring person files a preacquisition notification and the waiting period has expired. The acquired person may file a preacquisition notification. The Commissioner shall give confidential treatment to information submitted under this subsection in the same manner as provided in Code Section 33-13-7 33-13-8: (1) The preacquisition notification shall be in such form and contain such information as prescribed by the National Association of Insurance Commissioners relating to those markets which, under subparagraph (b)(2)(E) (b)(2)(D) of this Code section, cause the acquisition not to be exempted from the provisions of this Code section. The Commissioner may require such additional material and information as he or she deems necessary to determine whether the proposed acquisition, if consummated, would violate the competitive standard of subsection (d) of this Code section. The required information may include an opinion of an economist as to the competitive impact of the acquisition in this state accompanied by a summary of the education and experience of such person indicating his or her ability to render an informed opinion; and (2) The waiting period required shall begin on the date of receipt of the Commissioner of a preacquisition notification and shall end on the earlier of the thirtieth day after the date of such receipt or termination of the waiting period by the Commissioner. Prior to the end of the waiting period, the Commissioner on a onetime basis may require the submission of additional needed information relevant to the proposed acquisition, in which event the waiting period shall end on the earlier of the thirtieth day after receipt of such additional information by the Commissioner or termination of the waiting period by the Commissioner. (d)(1) The Commissioner may enter an order under paragraph (1) of subsection (e) of this Code section with respect to an acquisition if there is substantial evidence that the effect of the acquisition may be substantially to lessen competition in any line of insurance in this state or tend to create a monopoly therein or if the insurer fails to file adequate information in compliance with subsection (c) of this Code section. (2) In determining whether a proposed acquisition would violate the competitive standard of paragraph (1) of this subsection, the Commissioner shall consider the following: (A) Any acquisition covered under subsection (b) of this Code section involving two or more insurers competing in the same market is prima-facie evidence of violation of the competitive standards:

800

JOURNAL OF THE HOUSE

(i) If the market is highly concentrated and the involved insurers possess the following shares of the market:

Insurer A

Insurer B

4 percent

4 percent or more

10 percent

2 percent or more

15 percent

1 percent or more; or

(ii) If the market is not highly concentrated and the involved insurers possess

the following shares of the market:

Insurer A

Insurer B

5 percent

5 percent or more

10 percent

4 percent or more

15 percent

3 percent or more

19 percent

1 percent or more

A highly concentrated market is one in which the share of the four largest insurers is 75 percent or more of the market. Percentages not shown in the tables are interpolated proportionately to the percentages that are shown. If more than two insurers are involved, exceeding the total of the two columns in the table is primafacie evidence of violation of the competitive standard in paragraph (1) of this subsection. For the purpose of this subparagraph, the insurer with the largest share of the market shall be deemed to be Insurer A; (B) There is a significant trend toward increased concentration when the aggregate market share of any grouping of the largest insurers in the market, from the two largest to the eight largest, has increased by 7 percent or more of the market over a period of time extending from any base year five to ten years prior to the acquisition up to the time of the acquisition. Any acquisition or merger covered under subsection (b) of this Code section involving two or more insurers competing in the same market is prima-facie evidence of violation of the competitive standard in paragraph (1) of this subsection if:
(i) There is a significant trend toward increased concentration in the market; (ii) One of the insurers involved is one of the insurers in a grouping of such large insurers showing the requisite increase in the market share; and (iii) Another involved insurer's market is 2 percent or more; (C) For the purposes of this paragraph: (i) The term 'insurer' includes any company or group of companies under common management, ownership, or control; (ii) The term 'market' means the relevant product and geographical markets. In determining the relevant product and geographical markets, the Commissioner shall give due consideration to, among other things, the definitions or guidelines,

FRIDAY, FEBRUARY 22, 2013

801

if any, promulgated by the National Association of Insurance Commissioners and to information, if any, submitted by parties to the acquisition. In the absence of sufficient information to the contrary, the relevant product market is assumed to be the direct written insurance premium for a line of business, such line being that used in the annual statement required to be filed by insurers doing business in this state, and the relevant geographical market is assumed to be this state; and (iii) The burden of showing prima-facie evidence of violation of the competitive standard rests upon the Commissioner; and (D) Even though an acquisition is not prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, the Commissioner may establish the requisite anticompetitive effect based upon other substantial evidence. Even though an acquisition is prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, a party may establish the absence of the requisite anticompetitive effect based upon other substantial evidence. Relevant factors in making a determination under this paragraph include, but are not limited to, the following: market shares, volatility of ranking of market leaders, number of competitors, concentration, trend of concentration in the industry, and ease of entry into the market and exit from the market. (3) An order may not be entered under paragraph (1) of subsection (e) of this Code section if: (A) The acquisition will yield substantial economies of scale or economies in resource utilization that cannot be feasibly achieved in any other way, and the public benefits which would arise from such economies exceed the public benefits which would arise from not lessening competition; or (B) The acquisition will substantially increase the availability of insurance, and the public benefits of such increase exceed the public benefits which would arise from not lessening competition. (e)(1)(A) If an acquisition violates the standards of this Code section, the Commissioner may enter an order: (i) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or (ii) Denying the application of an acquired or acquiring insurer for a license to do business in this state. (B) Such an order shall not be entered unless: (i) There is a hearing; (ii) Notice of such hearing is issued prior to the end of the waiting period and not less than 15 days prior to the hearing; and (iii) The hearing is concluded and the order is issued no later than 60 days after the end of the waiting period. Every order shall be accompanied by a written decision of the Commissioner setting forth his or her findings of fact and conclusions of law. (C) An order entered under this paragraph shall not become final earlier than 30 days after it is issued, during which time the involved insurer may submit a plan to

802

JOURNAL OF THE HOUSE

remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon such plan or other information, the Commissioner shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of this Code section would be remedied and the order vacated or modified. (D)(C) An order pursuant to this paragraph shall not apply if the acquisition is not consummated. (2) Any person who violates a cease and desist order of the Commissioner under paragraph (1) of this subsection and while such order is in effect, may after notice and hearing and upon order of the Commissioner, be subject, at the discretion of the Commissioner, to any one or more of the following: (A) A monetary penalty of not more than $10,000.00 for every day of violation; or (B) Suspension or revocation of such person's license. (3) Any insurer or other person who fails to make any filing required by this subsection and who also fails to demonstrate a good faith effort to comply with any such filing requirement shall be subject to a fine of not more than $50,000.00. (f) Paragraphs (b) and (c) of Code Section 33-13-10 and Code Section 33-13-12 shall not apply to acquisitions covered under this Code section.
33-13-4. (a) Requirement of registration generally. Every insurer which is authorized to do business in this state and which is a member of an insurance holding company system shall register with the Commissioner, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained: in this Code section. Any insurer which is subject to registration under this Code section shall register within 15 days after it becomes subject to registration unless the Commissioner for good cause shown extends the time for registration, and then within the extended time. The Commissioner may require any authorized insurer which is a member of a holding company system which is not subject to registration under this Code section to furnish a copy of the registration statement or other information filed by the insurance company with the insurance regulatory authority of its domiciliary jurisdiction
(1) In this Code section; (2) In paragraph (1) of subsection (a), subsection (b), and subsection (d) of Code Section 33-13-5; and (3) In either paragraph (2) of subsection (a) of Code Section 33-13-5 or a provision such as the following: 'Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions within 15 days after the end of the month in which it learns of each change or addition.' Any insurer which is subject to registration under this Code section shall register within 15 days after it becomes subject to registration and annually thereafter by April 30 of each year for the previous calendar year, unless the Commissioner for good cause

FRIDAY, FEBRUARY 22, 2013

803

shown extends the time for registration, and then within the extended time. The Commissioner may require any insurer authorized to do business in this state which is a member of an insurance holding company system, and which is not subject to registration under this Code section, to furnish a copy of the registration statement, the summary specified in subsection (c) of this Code section, or other information filed by the insurance company with the insurance regulatory authority of its domiciliary jurisdiction. (b) Contents of registration statement. Every insurer subject to registration shall file a registration statement with the Commissioner on a form and in a format provided by the Commissioner prescribed by the National Association of Insurance Commissioners, which statement shall contain current information about:
(1) The capital structure, general financial condition, ownership, and management of the insurer and any person controlling the insurer; (2) The identity of every member of the insurance holding company system; (3) The following agreements in force, relationships subsisting, and transactions currently outstanding between such insurer and its affiliates:
(A) Loans, other investments, or purchases, sales, or exchanges of the affiliates by the insurer or of the insurer by its affiliates; (B) Purchases, sales, or exchanges of assets; (C) Transactions not in the ordinary course of business; (D) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability other than insurance contracts entered into in the ordinary course of the insurer's business; (E) All management and service contracts and all cost-sharing arrangements; other than cost allocation arrangements based upon generally accepted accounting principles; and (F) Reinsurance agreements; covering all or substantially all of one or more lines of insurance of the ceding company; and (G) Dividends and other distributions to shareholders; and (H) Consolidated tax allocation agreements; (4) Any pledge of the insurer's stock, including stock of any subsidiary or controlling affiliate, for a loan made to any member of the insurance holding company system; (5) If requested by the Commissioner, financial statements of or within an insurance holding company system, including all affiliates. Financial statements may include but are not limited to annual audited financial statements filed with the federal Securities and Exchange Commission pursuant to the federal Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. An insurer required to file financial statements pursuant to this paragraph may satisfy the request by providing the Commissioner with the most recently filed parent corporation financial statements that have been filed with the Securities and Exchange Commission;

804

JOURNAL OF THE HOUSE

(4)(6) Other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the Commissioner; (7) Statements that the insurer's board of directors is responsible for and oversees corporate governance and internal controls and that the insurer's officers or senior management have approved, implemented, and continue to maintain and monitor corporate governance and internal control procedures; and (8) Any other information required by the Commissioner by rule or regulation. (c) Summary of changes to registration statement. All registration statements shall contain a summary outlining all items in the current registration statement representing changes from the prior registration statement. (c)(d) Disclosure of nonmaterial information. No information need be disclosed on the registration statement filed pursuant to subsection (b) of this Code section if the information is not material for the purposes of this Code section. Unless the Commissioner by rule, regulation, or order provides otherwise, sales, purchases, exchanges, loans, extensions of credit, or investments involving one-half of 1 percent or less of an insurer's admitted assets as of December 31 of the preceding year shall not be deemed material for purposes of this Code section. (d) Amendment of registration statements. Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the Commissioner, within 15 days after the end of the month in which it learns of each change or addition; provided, however, subject to subsection (c) of Code Section 33-135, each registered insurer shall so report all dividends and other distributions to shareholders within five business days following the declaration of the dividends and other distributions and at least ten days prior to the payment thereof. (e) Reporting dividends to shareholders. Subject to subsection (b) of Code Section 33-13-5, each registered insurer shall report to the Commissioner all dividends and other distributions to shareholders within 15 business days following the declaration thereof. (f) Information of insurers. Any person within an insurance holding company system subject to registration shall be required to provide complete and accurate information to an insurer, where the information is reasonably necessary to enable the insurer to comply with the provisions of this chapter. (e)(g) Termination of registration. The Commissioner shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system. (f)(h) Filing of consolidated registration. The Commissioner may require or allow two or more affiliated insurers subject to registration under this Code section to file a consolidated registration statement or consolidated reports amending their consolidated registration statement or their individual registration statements. (g)(i) Filing of registration for affiliated insurer. The Commissioner may allow an insurer which is authorized to do business in this state and which is part of an insurance

FRIDAY, FEBRUARY 22, 2013

805

holding company system to register on behalf of any affiliated insurer which is required to register under subsection (a) of this Code section and to file all information and material required to be filed under this Code section. (h)(j) Exemptions. This Code section shall not apply to any insurer, information, or transaction if and to the extent that the Commissioner by rule, regulation, or order shall exempt the same from this Code section. (i)(k) Filing of disclaimer. Any person may file with the Commissioner a disclaimer of affiliation with any authorized insurer or the disclaimer may be filed by the insurer or any member of an insurance holding company system. The disclaimer shall fully disclose all material relationships and bases for affiliation between the persons and the insurer as well as the basis for disclaiming the affiliation. A disclaimer of affiliation shall be deemed to have been granted unless the Commissioner, within 30 days following receipt of a complete disclaimer, notifies the filing party the disclaimer is disallowed. In the event of disallowance, the disclaiming party may request an administrative hearing, which shall be granted. The disclaiming party shall be relieved of its duty to register under this Code section if approval of the disclaimer has been granted by the Commissioner, or if the disclaimer is deemed to have been approved. After a disclaimer has been filed, the insurer shall be relieved of any duty to register or report under this Code section which may arise out of the insurer's relationship with the person, unless and until the Commissioner disallows the disclaimer. The Commissioner shall disallow the disclaimer only after furnishing all parties in interest with notice and opportunity to be heard after making specific findings of fact to support the disallowance. (l) Enterprise risk filing. The ultimate controlling person of every insurer subject to registration shall also file an annual enterprise risk report. The report shall, to the best of the ultimate controlling person's knowledge and belief, identify the material risks within the insurance holding company system that could pose enterprise risk to the insurer. The report shall be filed with the lead state commissioner of the insurance holding system as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners. (j)(m) Violations. The failure to file a registration statement or any amendment to the registration statement required by this Code section within the time specified for the filing shall be a violation of this Code section.
33-13-5. (a)(1) Transactions within a holding company system to which an insurer subject to registration is a party shall be subject to the following standards: (A) The terms shall be fair and reasonable; (B) Agreements for cost sharing services and management shall include such provisions as required by the Commissioner by rule or regulation; (B)(C) Charges or fees for services performed shall be reasonable; (C)(D) Expenses incurred and payment received shall be allocated to the insurer in conformity with customary insurance accounting practices consistently applied;

806

JOURNAL OF THE HOUSE

(D)(E) The books, accounts, and records of each party to all such transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions, including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties; and (E)(F) The insurer's surplus with regard to policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. (2) The following transactions involving a domestic insurer and any person in its holding company system, including amendments or modifications of affiliate agreements previously filed pursuant to this Code section, which are subject to any materiality standards contained in subparagraphs (A) through (G) of this paragraph, may not be entered into unless the insurer has notified the Commissioner in writing of its intention to enter into such transaction at least 30 days prior thereto, or such shorter period as the Commissioner may permit, and the Commissioner has not disapproved it within such period. The notice for amendments or modifications shall include the reasons for the change and the financial impact on the domestic insurer. Informal notice shall be reported, within 30 days after a termination of a previously filed agreement, to the Commissioner for determination of the type of filing required, if any: (A) Sales, purchases, exchanges, loans or extensions of credit, guarantees, or investments, provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus as regards policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (B) Loans or extensions of credit to any person who is not an affiliate, where the insurer makes such loans or extensions of credit with the agreement or understanding that the proceeds of such transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in any affiliate of the insurer making such loans or extensions of credit to purchase assets of, or to make investments in, any affiliate of the insurer making the loans or extensions of credit, provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus with regard to policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (C) Reinsurance agreements or modifications thereto, in which the reinsurance premium or a change in the insurer's liabilities equals or exceeds 5 percent of the insurer's surplus with regard to policyholders, as of December 31 next preceding, including those agreements which may require as consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and nonaffiliate that any portion of such assets will be transferred to one or more affiliates of the insurer; including:
(i) All reinsurance pooling agreements; and

FRIDAY, FEBRUARY 22, 2013

807

(ii) Agreements in which the reinsurance premium or a change in the insurer's liabilities, or the projected reinsurance premium or a change in the insurer's liabilities in any of the next three years, equals or exceeds 5 percent of the insurer's surplus with regard to policyholders, as of December 31 next preceding, including those agreements which may require as consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and nonaffiliate that any portion of the assets will be transferred to one or more affiliates of the insurer; (D) All management agreements, service contracts, tax allocation agreements, guarantees, and all cost-sharing agreements; and (E) Guarantees when made by a domestic insurer; provided, however, that a guarantee which is quantifiable as to amount is not subject to the notice requirements of this paragraph unless it exceeds the lesser of one-half of 1 percent of the insurer's admitted assets or 10 percent of surplus as regards policyholders as of December 31 next preceding. Further, all guarantees which are not quantifiable as to amount are subject to the notice requirements of this paragraph; (F) Direct or indirect acquisitions or investments in a person that controls the insurer or in an affiliate of the insurer in an agreement which, together with its present holdings in such investments, exceeds 2 1/2 percent of the insurer's surplus to policyholders. Direct or indirect acquisitions or investments in subsidiaries acquired pursuant to Code Section 33-13-2 or authorized under any other Code section of this title, or in nonsubsidiary insurance affiliates that are subject to the provisions of this chapter, are exempt from this requirement; and (E)(G) Any material transactions, specified by regulation, which the Commissioner determines may adversely affect the interests of the insurer's policyholders. Nothing contained in this paragraph shall be deemed to authorize or permit any transactions which, in the case of an insurer who that is not a member of the same holding company system, would be otherwise contrary to law. (3) A domestic insurer may not enter into transactions which are part of a plan or series of like transactions with persons within the holding company system if the purpose of those separate transactions is to avoid the statutory threshold amount and thus avoid the review that would occur otherwise. If the Commissioner determines that such separate transactions were entered into over any 12 month period for such purpose, he the Commissioner may exercise his or her authority under Code Section 33-13-9 or Code Section 33-13-100 33-13-11. (4) The Commissioner, in reviewing transactions pursuant to paragraph (2) of this subsection, shall consider whether the transactions comply with the standards set forth in paragraph (1) of this subsection and whether they may adversely affect the interests of policyholders. (5) The Commissioner shall be notified within 30 days of any investment of the domestic insurer in any one corporation if the total investment in such corporation by the insurance holding company system exceeds 10 percent of such corporation's voting securities.

808

JOURNAL OF THE HOUSE

(b)(1) No domestic insurer shall apply any extraordinary dividend or make any other extraordinary distribution to its shareholders until 30 days after the Commissioner has received notice of the declaration thereof and has not within such period disapproved such payment, or until the Commissioner shall have has approved such payment within such 30 day period. (2) For the purposes of this subsection, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding 12 months exceeds the greater lesser of 10 percent of such insurer's surplus with regard to policyholders as of December 31 next preceding, or the net gain from operations of such insurer, if such insurer is a life insurer, or the net income, if such insurer is not a life insurer, not including realized capital gains, for the 12 month period ending December 31 next preceding, but shall not include pro rata distributions of any class of the insurer's own securities. (3) In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous two calendar years that has not already been paid out as dividends. This carry-forward shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years. (3)(4) Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the Commissioner's approval thereof, and such a declaration shall confer no rights upon shareholders until the Commissioner has approved the payment of such a dividend or distribution or the Commissioner has not disapproved such payment within the 30 day period referred to in paragraph (1) of this subsection. (c) For purposes of this chapter, in determining whether an insurer's surplus with regard to policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered: (1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force, and other appropriate criteria; (2) The extent to which the insurer's business is diversified among the several lines of insurance; (3) The number and size of risks insured in each line of business; (4) The extent of the geographical dispersion of the insurer's insured risks; (5) The nature and extent of the insurer's reinsurance program; (6) The quality, diversification, and liquidity of the insurer's investment portfolio; (7) The recent past and projected future trend in the size of the insurer's surplus as regards policyholders; (8) The surplus with regard to policyholders maintained by other comparable insurers, considering the factors provided in paragraphs (1) through (7) of this subsection;

FRIDAY, FEBRUARY 22, 2013

809

(9) The adequacy of the insurer's reserves; and (10) The quality and liquidity of investments in affiliates. The Commissioner may discount or treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus with regard to policyholders whenever in the Commissioner's judgment such investment so warrants; and The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus with regard to policyholders whenever in the judgment of the Commissioner the investment so warrants. (11) The quality of the insurer's earnings and the extent to which reported earnings include extraordinary items.
33-13-6. (a) Powers of Commissioner. Subject to the limitation contained in this Code section and in addition to the powers which the Commissioner has under this title relating to the examination of insurers, the Commissioner shall also have the power to order any insurer registered under examine any insurer registered under Code Section 33-13-4 to produce any records, books, or other information papers in the possession of the insurer or its affiliates as shall be necessary to ascertain the financial condition or legality of conduct of the insurer. In the event the insurer fails to comply with the order, the Commissioner shall have the power to examine the affiliates to obtain such information and its affiliates to ascertain the financial condition of the insurer, including the enterprise risk to the insurer by the ultimate controlling party, or by any entity or combination of entities within the insurance holding company system, or by the insurance holding company system on a consolidated basis. (b) The Commissioner shall exercise his power under subsection (a) of this Code section only if the examination of the insurer under other chapters of this title is inadequate or if the interests of the policyholders of the insurer may be adversely affected Access to books and records.
(1) The Commissioner may order any insurer registered under Code Section 33-13-4 to produce such records, books, or other information in the possession of the insurer or its affiliates as are reasonably necessary to determine compliance with this chapter. (2) To determine compliance with this chapter, the Commissioner may order any insurer registered under Code Section 33-13-4 to produce information not in the possession of the insurer if the insurer can obtain access to such information pursuant to contractual relationships, statutory obligations, or other method. In the event the insurer cannot obtain the information requested by the Commissioner, the insurer shall provide the Commissioner a detailed explanation of the reason that the insurer cannot obtain the information and the identity of the holder of information. Whenever it appears to the Commissioner that the detailed explanation is without merit, the Commissioner may require, after notice and hearing, the insurer to pay a penalty of $1,000.00 for each day's delay, or may suspend or revoke the insurer's license. (c) Use of consultants. The Commissioner may retain at the registered insurer's expense such attorneys, actuaries, accountants, and other experts not otherwise a part of

810

JOURNAL OF THE HOUSE

the Commissioner's staff as shall be reasonably necessary to assist in the conduct of the examination under subsection (a) of this Code section. Any persons so retained shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity. (d) Expenses. Each registered insurer producing for examination records, books, and papers for examination pursuant to subsection (a) of this Code section shall be liable for and shall pay the expense of the examination in accordance with Code Section 33-2-15. (e) All filings and registrations required by this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1. Compelling production. In the event the insurer fails to comply with an order, the Commissioner shall have the power to examine the affiliates to obtain the information. The Commissioner shall also have the power to issue subpoenas, to administer oaths, and to examine under oath any person for purposes of determining compliance with this subsection. Upon the failure or refusal of any person to obey a subpoena, the Commissioner may petition a court of competent jurisdiction, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court. Every person shall be obliged to attend as a witness at the place specified in the subpoena, when subpoenaed, anywhere within the state. He or she shall be entitled to the same fees and mileage, if claimed, as a witness in superior court, which fees, mileage, and actual expense, if any, necessarily incurred in securing the attendance of witnesses, and their testimony, shall be itemized and charged against, and be paid by, the company being examined.
33-13-7. (a) Power of Commissioner. With respect to any insurer registered under Code Section 33-13-4, and in accordance with subsection (c) of this Code section, the Commissioner shall also have the power to participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international operations in order to determine compliance by the insurer with this title. The powers of the Commissioner with respect to supervisory colleges include, but are not limited to, the following:
(1) Initiating the establishment of a supervisory college; (2) Clarifying the membership and participation of other supervisors in the supervisory college; (3) Clarifying the functions of the supervisory college and the role of other regulators, including the establishment of a group-wide supervisor; (4) Coordinating the ongoing activities of the supervisory college, including planning meetings, supervisory activities, and processes for information sharing; and (5) Establishing a crisis management plan. (b) Expenses. Each registered insurer subject to this Code section shall be liable for and shall pay the reasonable expenses of the Commissioner's participation in a supervisory college in accordance with subsection (c) of this Code section, including reasonable travel expenses. For purposes of this Code section, a supervisory college

FRIDAY, FEBRUARY 22, 2013

811

may be convened as either a temporary or permanent forum for communication and cooperation between the regulators charged with the supervision of the insurer or its affiliates, and the Commissioner may establish a regular assessment to the insurer for the payment of these expenses. (c) Supervisory college. In order to assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management and governance processes, and as part of the examination of individual insurers in accordance with Code Section 33-13-6, the Commissioner may participate in a supervisory college with other regulators charged with supervision of the insurer or its affiliates, including other state, federal, and international regulatory agencies. The Commissioner may enter into agreements in accordance with subsection (c) of Code Section 33-13-8 providing the basis for cooperation between the Commissioner and the other regulatory agencies, and the activities of the supervisory college. Nothing in this Code section shall delegate to the supervisory college the authority of the Commissioner to regulate or supervise the insurer or its affiliates within its jurisdiction.
33-13-8. All information, documents, and copies thereof obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made pursuant to Code Section 33-13-6 and all information reported pursuant to Code Section 33-13-4 shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the Commissioner or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the publication of the information and documents, in which event he may publish all or any part of the information and documents in such manner as he may deem appropriate. (a) Documents, materials, or other information in the possession or control of the department that are obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made pursuant to Code Section 33-13-6 and all information reported pursuant to paragraphs (12) and (13) of subsection (b) of Code Section 33-13-3, Code Section 33-13-4, and Code Section 33-13-5 shall be confidential by law and privileged, shall not be subject to public disclosure under Article 4 of Chapter 18 of Title 50, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner's official duties. The Commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer and its affiliates that would be affected thereby notice and opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in

812

JOURNAL OF THE HOUSE

which event the Commissioner may publish all or any part in such manner as may be deemed appropriate. (b) Neither the Commissioner nor any person who received documents, materials, or other information while acting under the authority of the Commissioner or with whom such documents, materials, or other information are shared pursuant to this chapter shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or other information subject to subsection (a) of this Code section. (c) In order to assist in the performance of the Commissioner's duties, the Commissioner:
(1) May share documents, materials, or other information, including the confidential and privileged documents, materials, or other information subject to subsection (a) of this Code section, with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, including members of any supervisory college described in Code Section 33-13-7, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information and has verified in writing the legal authority to maintain confidentiality; (2) Notwithstanding paragraph (1) of this subsection, may only share confidential and privileged documents, materials, or other information reported pursuant to subsection (l) of Code Section 33-13-4 with commissioners of states having statutes or regulations substantially similar to subsection (a) of this Code section and who have agreed in writing not to disclose such information; (3) May receive documents, materials, or other information, including otherwise confidential and privileged documents, materials, or other information from the National Association of Insurance Commissioners and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential or privileged any document, material, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or other information; and (4) Shall enter into written agreements with the National Association of Insurance Commissioners governing sharing and use of information provided pursuant to this chapter consistent with this subsection that shall:
(A) Specify procedures and protocols regarding the confidentiality and security of information shared with the National Association of Insurance Commissioners and its affiliates and subsidiaries pursuant to this chapter, including procedures and protocols for sharing by the National Association of Insurance Commissioners with other state, federal, and international regulatory agencies; (B) Specify that ownership of information shared with the National Association of Insurance Commissioners and its affiliates and subsidiaries pursuant to this chapter remains with the Commissioner and that the National Association of Insurance

FRIDAY, FEBRUARY 22, 2013

813

Commissioners' use of the information is subject to the direction of the Commissioner; (C) Require prompt notice to be given to an insurer whose confidential information in the possession of the National Association of Insurance Commissioners pursuant to this chapter is subject to a request or subpoena to the National Association of Insurance Commissioners for disclosure or production; and (D) Require the National Association of Insurance Commissioners and its affiliates and subsidiaries to consent to intervention by an insurer in any judicial or administrative action in which the National Association of Insurance Commissioners and its affiliates and subsidiaries may be required to disclose confidential information about the insurer shared with the National Association of Insurance Commissioners and its affiliates and subsidiaries pursuant to this chapter. (d) The sharing of information by the Commissioner pursuant to this chapter shall not constitute a delegation of regulatory authority or rule making, and the Commissioner is solely responsible for the administration, execution, and enforcement of the provisions of this chapter. (e) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or other information shall occur as a result of disclosure to the Commissioner under this Code section or as a result of sharing as authorized in subsection (c) of this Code section. (f) Documents, materials, or other information in the possession or control of the National Association of Insurance Commissioners pursuant to this chapter shall be confidential by law and privileged, shall not be subject to the open records laws, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.
33-13-8 33-13-9. The Commissioner may, upon notice and opportunity for all interested persons to be heard, issue any rules, regulations, and orders as shall be necessary to carry out this chapter.
33-13-9 33-13-10. (a) Injunctions. Whenever it appears to the Commissioner that any insurer or any director, officer, employee, or agent of any insurer has committed or is about to commit a violation of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter, the Commissioner may apply to the superior court of the county in which the principal office of the insurer is located or, if the insurer has no such office in this state, to the Superior Court of Fulton County for an order enjoining the insurer or the director, officer, employee, or agent of such insurer from violating or continuing to violate this chapter or any rule, regulation, or order and for any other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors, and shareholders or the public may require.

814

JOURNAL OF THE HOUSE

(b) Voting of securities; when prohibited. No security which is the subject of any agreement or arrangement regarding acquisition or which is acquired or to be acquired in contravention of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter may be voted at any shareholders' meeting or counted for quorum purposes; and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding; but no action taken at any such meeting shall be invalidated by the voting of such securities unless the action would materially affect control of the insurer or unless the courts of this state have so ordered. If an insurer or the Commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter, the insurer or the Commissioner may apply to the Superior Court of Fulton County or to the superior court of the county in which the insurer has its principal place of business to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of Code Section 33-13-3 or any rule, regulation, or order issued by the Commissioner under Code Section 33-13-3 to enjoin the voting of any security so acquired, to void any vote of the security already cast at any meeting of shareholders, and for any other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors, and shareholders or the public may require. (c) Sequestration of voting securities. In any case in which a person has acquired or is proposing to acquire any voting securities in violation of this chapter or any rule, regulation, or order issued by the Commissioner under this chapter, the Superior Court of Fulton County or the superior court of the county in which the insurer has its principal place of business, on any notice as the court deems appropriate and upon the application of the insurer or the Commissioner, may seize or sequester any voting securities of the insurer owned directly or indirectly by the person and issue such orders with respect to the seizure or sequestration as may be appropriate to effectuate this chapter. Notwithstanding any other provisions of law, for the purposes of this chapter the situs of the ownership of the securities of domestic insurers shall be deemed to be in this state.
33-13-10. Whenever it appears to the Commissioner that any insurer or any director, officer, employee, or agent of any insurer has committed a willful violation of this chapter, the Commissioner may cause criminal proceedings to be instituted by the superior court of the county in which the principal office of the insurer is located or, if the insurer has no such office in the state, by the Superior Court of Fulton County against the insurer or the responsible director, officer, employee, or agent of the insurer.
33-13-11. (a) Any insurer failing, without just cause, to file any registration statement as required in this chapter shall be required, after notice and hearing, to pay a penalty of $1,000.00

FRIDAY, FEBRUARY 22, 2013

815

for each day's delay. The maximum penalty under this Code section is $50,000.00. The Commissioner may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the insurer. (b) Every director or officer of an insurance holding company system who knowingly violates, participates in, or assents to or who knowingly shall permit any of the officers or agents of the insurer to engage in transactions or make investments which have not been properly reported or submitted pursuant to subsection (a) of Code Section 33-134, paragraph (2) of subsection (a) of Code Section 33-13-5, or subsection (b) of Code Section 33-13-5, or which violate this chapter, shall pay, in their individual capacity, a civil forfeiture of not more than $50,000.00 per violation, after notice and hearing before the Commissioner. In determining the amount of the civil forfeiture, the Commissioner shall take into account the appropriateness of the forfeiture with respect to the gravity of the violation, the history of previous violations, and such other matters as justice may require. (c) Whenever it appears to the Commissioner that any insurer subject to this chapter or any director, officer, employee, or agent thereof has engaged in any transaction or entered into a contract which is subject to Code Section 33-13-5 and which would not have been approved had the approval been requested, the Commissioner may order the insurer to cease and desist immediately any further activity under that transaction or contract. After notice and hearing the Commissioner may also order the insurer to void any contracts and restore the status quo if the action is in the best interest of its policyholders, creditors, or the public. (d) Whenever it appears to the Commissioner that any insurer or any director, officer, employee, or agent thereof has committed a willful violation of this chapter, the Commissioner may cause criminal proceedings to be instituted by the Superior Court of Fulton County against the insurer or the responsible director, officer, employee, or agent thereof. Any insurer which willfully violates this chapter may be fined not more than $100,000.00. Any individual who willfully violates this chapter may be fined in his or her individual capacity not more than $100,000.00 or be imprisoned for not more than one to three years, or both. (e) Any officer, director, or employee of an insurance holding company system who willfully and knowingly subscribes to or makes or causes to be made any false statements or false reports or false filings with the intent to deceive the Commissioner in the performance of his or her duties under this chapter upon conviction shall be imprisoned for not more than three years or fined $100,000.00, or both. Any fines imposed shall be paid by the officer, director, or employee in his or her individual capacity. (f) Whenever it appears to the Commissioner that any person has committed a violation of Code Section 33-13-3 and which prevents the full understanding of the enterprise risk to the insurer by affiliates or by the insurance holding company system, the violation may serve as an independent basis for disapproving dividends or distributions and for placing the insurer under an order of supervision in accordance with Code Section 33-3-18.

816

JOURNAL OF THE HOUSE

33-13-11 33-13-12. Whenever it appears to the Commissioner that any person has committed a violation of this chapter which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders, or the public, the Commissioner may proceed as provided in Chapter 37 of this title to take possession of the property of the domestic insurer and to conduct the business of the domestic insurer.
33-13-12 33-13-13. Whenever it appears to the Commissioner that any person has committed a violation of this chapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the Commissioner may, after giving notice and an opportunity to be heard, determine to suspend, revoke, or refuse to renew the insurer's license or authority to do business in this state for any period as he or she finds is required for the protection of policyholders or the public. Any determination shall be accompanied by specific findings of fact and conclusions of law.
33-13-13 33-13-14. (a) If an order for the liquidation, rehabilitation, or conservation of an insurer authorized to do business in this state is entered under Chapter 37 of this title, the receiver appointed under the order shall have a right to recover on behalf of the insurer the amount of distributions other than stock dividends paid by the insurer on its capital stock at any time during the five years preceding the petition for liquidation, rehabilitation, or conservation, subject to the limitations of subsections (b) through (d) of this Code section (i) from any parent corporation or holding company or person or affiliate who otherwise controlled the insurer, the amount of distributions, other than distributions of shares of the same class of stock, paid by the insurer on its capital stock, or (ii) any payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment made by the insurer or its subsidiary to a director, officer, or employee, where the distribution or payment pursuant to (i) or (ii) is made at any time during the one year preceding the petition for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations of subsections (b), (c), and (d) of this Code section. (b) No dividend distribution shall be recoverable if that insurer shows that when paid the distribution was lawful and reasonable 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 the obligations to claimants under its insurance contracts.
(c)(1) Any person who was an affiliate of the insurer a parent corporation or holding company or a person who otherwise controlled the insurer or affiliate at the time the distributions were paid shall be liable up to the amount of distributions he or payments under subsection (a) of this Code section which the person received.

FRIDAY, FEBRUARY 22, 2013

817

(2) Any person who was an affiliate of the insurer otherwise controlled the insurer at the time the distributions were declared shall be liable up to the amount of distributions he or she would have received if they had been paid immediately. (3) If under paragraphs (1) and (2) of this subsection two persons are liable with respect to the same distributions, they shall be jointly and severally liable. (d) The maximum amount recoverable under this Code section shall be: (1) The the amount needed in excess of all other available assets to pay all claims under the receivership of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer and to reimburse any guaranty funds.; and (2) Reduced by any amount already paid to receivers under similar laws of other states. (e) If any person liable under subsection (b) of this Code section is insolvent, all its affiliates that controlled it at the time the dividend was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate. To the extent that any person liable under subsection (c) of this Code section is insolvent or otherwise fails to pay claims due from it, its parent corporation or holding company or person who otherwise 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 parent corporation or holding company or person who otherwise controlled it. (f) In addition to any authority of the Commissioner contained elsewhere under this title or under the laws of this state, whenever the Commissioner shall deem it expedient, he shall also have the authority to examine either in person or by some examiner duly authorized by him the affairs, transactions, accounts, records, documents, and assets of any insurer, person, parent, subsidiary, or affiliate within an insurance holding company system and any other facts relative to the business methods, management, and affairs of the insurers, persons, parents, subsidiaries, or affiliates to determine whether any dividends or other distributions made by an insurer to any person, parent, subsidiary, or affiliate within the holding company system are recoverable under subsection (b) of this Code section; and the Commissioner may subpoena any portion or all of the documents, books, accounts, records, or other information of insurers, persons, parents, subsidiaries, or affiliates as he may deem necessary to reach his determination. The subpoenas may be obtained by the Commissioner in accordance with Chapter 2 of this title and the expenses of any examination made pursuant to this Code section shall be paid by the persons, affiliates, subsidiaries, or insurers in the same manner as provided for insurers in Chapter 2 of this title.
33-13-14 33-13-15. (a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this chapter may appeal the action to the Superior Court of Fulton County. The court shall conduct its review without a jury and by trial de novo, except that, if all parties including the Commissioner so stipulate, the

818

JOURNAL OF THE HOUSE

review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating. (b) The filing of an appeal pursuant to this Code section shall stay the application of any such rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors, or the public. (c) Any person aggrieved by any failure of the Commissioner to act or make a determination required by this chapter may petition the Superior Court of Fulton County for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make the determination immediately. 33-13-15. Any insurer which willfully violates this chapter may be fined not more than $10,000.00. Any individual who willfully violates this chapter may be fined not more than $1,000.00 or, if the willful violation involves the deliberate perpetration of a fraud upon the Commissioner, imprisoned not more than two years, or both."
SECTION 2. Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, is amended by revising subsection (a) of Code Section 33-218, relating to general powers of health maintenance organizations and filing of notice of exercise of powers, as follows:
"(a) The powers of a health maintenance organization include, but are not limited to, the following:
(1) The purchase, lease, construction, renovation, operation, or maintenance of hospitals, medical facilities, or both, their ancillary equipment, and such property as may reasonably be required for the organization's principal office or for such other purposes as may be necessary in the transaction of the business of the organization; (2) The making of loans to a medical group under contract with it in furtherance of its program or the making of loans to a corporation or corporations under its control for the purpose of acquiring or constructing medical facilities and hospitals or in furtherance of a program providing health care services to enrollees; (3) The furnishing of health care services through providers which are under contract with or employed by the organization; (4) The contracting with any person for the performance on its behalf of certain functions such as marketing and enrollment; (5) The contracting with another insurer licensed in this state for the provision of insurance, indemnity, or reimbursement against the cost of health care services provided by the organization; and (6) The offering, in addition to basic health care services, of:
(A) Additional health care services; (B) Indemnity benefits covering out-of-area or emergency services; and

FRIDAY, FEBRUARY 22, 2013

819

(C) Indemnity benefits, in addition to those relating to out-of-area and emergency services, provided through insurers; and (7) The extension of malpractice insurance to a medical group with which it has a mutually exclusive contract to provide medical services to the enrollees of the health maintenance organization; provided, however, that coverage only protects against liability arising from medical care provided to enrollees of the health maintenance organization who receive medical care at a facility under contract with or owned or operated by the health maintenance organization."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra

E McCall Y Meadows Y Mitchell E Morgan Y Morris Y Mosby E Murphy E Neal Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice E Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton
Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C

820

JOURNAL OF THE HOUSE

Y Clark, J Y Clark, V Y Coleman
Cooke

Y Gordon Y Gravley Y Greene Y Gregory

Y Marin Y Martin Y Maxwell Y Mayo

Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.

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

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

HR 465. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:

A RESOLUTION commending the Georgia Southern University ROTC Program's 2013 Ranger Challenge Team on their victory at the Regional Ranger Challenge competition and inviting them to be recognized by the House of Representatives; and for other purposes.

HR 466. By Representatives Smith of the 70th, Epps of the 132nd and Ramsey of the 72nd:

A RESOLUTION congratulating Dr. Laurie Barron on being named the 2013 MetLife/NASSP National Middle Level Principal of the Year and inviting her to be recognized by the House of Representatives; and for other purposes.

HR 467. By Representatives Smith of the 70th and Harden of the 148th:

A RESOLUTION recognizing and commending the Bleckley/Pulaski Forestry Unit on being named the Georgia Forestry Commission 2012 Southern Unit of the Year and inviting its members to appear before the House of Representatives; and for other purposes.

HR 468. By Representatives Smith of the 70th, Epps of the 132nd, Ramsey of the 72nd and Beasley-Teague of the 65th:

A RESOLUTION recognizing and commending the Coweta-Fayette-South Fulton County Forestry Unit on being named the State Forestry Commission 2012 Northern Unit of the Year and inviting them to appear before the House of Representatives; and for other purposes.

FRIDAY, FEBRUARY 22, 2013

821

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 221. By Representative Parrish of the 158th:
A RESOLUTION recognizing and commending the Emanuel County Institute High School football team on their 2012 GHSA Class A State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
HR 222. By Representatives Nimmer of the 178th, Coomer of the 14th, Houston of the 170th, Shaw of the 176th, Watson of the 172nd and others:
A RESOLUTION commending the Pierce County High School cheerleading squad on their 2012-2013 GHSA Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 469. By Representatives Roberts of the 155th, O`Neal of the 146th, Watson of the 172nd and Houston of the 170th:
A RESOLUTION honoring and celebrating the 90th birthday of Mrs. Virginia Elizabeth Petty Dorminey; and for other purposes.
HR 470. By Representatives Tankersley of the 160th, Parrish of the 158th, Stephens of the 164th, Smith of the 134th, Parsons of the 44th and others:
A RESOLUTION recognizing and commending A Child Is Missing for its outstanding service in helping to secure the well-being of children, the elderly, and disabled citizens of the State of Georgia; and for other purposes.
HR 471. By Representatives Pak of the 108th, Marin of the 96th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th and others:
A RESOLUTION recognizing and commending the contributions of Georgia Asian Americans and Pacific Islanders and recognizing February 28, 2013, as Georgia Asian Americans and Pacific Islanders Legislative Day at the state capitol; and for other purposes.

822

JOURNAL OF THE HOUSE

HR 472. By Representative Dollar of the 45th:
A RESOLUTION commending Children's Advocacy Centers of Georgia and recognizing February 20, 2013, as Children's Advocacy Centers Day at the capitol; and for other purposes.
HR 473. By Representative Gasaway of the 28th:
A RESOLUTION Congratulating the Banks County Leopards Wrestling Team; and for other purposes.
HR 474. By Representatives Ralston of the 7th, Tanner of the 9th and England of the 116th:
A RESOLUTION recognizing and commending Mr. Reggie Stowers; and for other purposes.
HR 475. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Tracy Jenkins, Gilmer County School System's Teacher of the Year; and for other purposes.
HR 476. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Susan Catron and Nikki Gribble Cupcake Wars champions; and for other purposes.
HR 477. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Edgar Franklin Falls; and for other purposes.
HR 478. By Representative Ralston of the 7th:
A RESOLUTION congratulating Mr. and Mrs. Edward and Lisa Vest on the occasion of their 25th wedding anniversary; and for other purposes.
HR 479. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Lewis Brown Nunnally; and for other purposes.

FRIDAY, FEBRUARY 22, 2013

823

HR 480. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Mrs. Sarah Verner on the occasion of her retirement; and for other purposes.
HR 481. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending the Gilmer High School wrestling team on their 2012 GHSA Class AAAA Duals State Championship; and for other purposes.
HR 482. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Susie Taylor, Fannin County School System's Teacher of the Year; and for other purposes.
HR 483. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending former Morganton Mayor Barbara Stephens; and for other purposes.
HR 484. By Representatives Deffenbaugh of the 1st, Broadrick of the 4th, Dickson of the 6th and Weldon of the 3rd:
A RESOLUTION congratulating the Dade County High School Lady Wolverines softball team on their 2012 AA State Softball Championship; and for other purposes.
Representative Dollar of the 45th moved that the following Bill of the House be withdrawn from the Committee on Judiciary Non-Civil and recommitted to the Committee on Higher Education:
HB 324. By Representatives Dollar of the 45th, Ramsey of the 72nd, Ehrhart of the 36th and Carter of the 175th:
A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

824

JOURNAL OF THE HOUSE

The motion prevailed.
Representative O'Neal of the 146th moved that the House now stand in recess until 5:00 o'clock P.M., that the rules be temporarily suspended to allow the Speaker to cause the House to disagree to the Senate substitute to HB 105, and, should the Senate insist on their substitute and return HB 105 to the House, to allow the Speaker to cause the House to insist on its position in disagreeing to the Senate substitute and appoint a Committee of Conference. Further, Representative O'Neal of the 146th moved that the Speaker be authorized to declare the House adjourned at 5:00 o'clock, P.M., until 1:00 o'clock, P.M., Monday, February 25, 2013.
It was so ordered.
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 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
The following Senate substitute was read:

FRIDAY, FEBRUARY 22, 2013

825

SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 105 A BILL TO BE ENTITLED AN ACT

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at page 1 of 175), so as to make, provide, and change certain 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Part I

An Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at Page 1 of 175), is amended by striking everything following the Part I designation through Section 56 and by substituting in lieu thereof the following:

"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:

HB 105 (FY 2013A)
Revenue Sources Available for Appropriation TOTAL STATE FUNDS
State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS

Governor

House

SAC

$19,315,325,656 $19,315,325,656 $19,315,325,656

$16,734,493,346 $16,734,493,346 $16,734,493,346

$172,699,755 $172,699,755 $172,699,755

$983,293,108 $983,293,108 $983,293,108

$866,365,210 $866,365,210 $866,365,210

$153,352,778 $153,352,778 $153,352,778

$2,396,580

$2,396,580

$2,396,580

$167,756,401 $167,756,401 $167,756,401

$234,968,478 $234,968,478 $234,968,478

$11,733,069,081 $11,749,082,060 $11,750,766,897

826

JOURNAL OF THE HOUSE

ARRA-Education for Homeless Children & Youth ARRA-Immunization CFDA93.712 ARRA-School Improvement Grants CFDA84.388 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 FFIND Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 FFIND Temp. Assistance for Needy Families CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances
Reserved Fund Balances Not Itemized Interest and Investment Income
Interest and Investment Income Not Itemized Intergovernmental Transfers
Hospital Authorities Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized Specialty License Plate Revenues Sanctions, Fines, and Penalties

$129,239 $780
$3,412,222 $93,676,129 $102,632,009 $14,163,709 $15,977,927 $1,143,641,430 $73,000,590 $51,766,614 $20,886,897 $5,917,122,071 $47,141,096
$2,257,620 $53,771,331 $35,981,142 $299,185,777 $331,594,669 $331,594,669 $15,383,070
$9,551,600 $5,522,819,886
$6,130,661 $6,130,661 $20,416,836 $20,416,836 $3,602,897 $3,602,897 $2,370,936,593 $214,057,828 $2,156,878,765 $239,644,939 $239,644,939 $1,672,491 $1,672,491 $2,867,010,724
$435,771 $2,865,183,083
$1,391,870 $13,404,745

$129,239 $780
$3,412,222 $93,676,129 $102,632,009 $14,163,709 $15,977,927 $1,143,641,430 $73,000,590 $51,766,614 $20,886,897 $5,898,769,829 $47,141,096
$2,257,620 $53,771,331 $35,981,142 $333,550,998 $331,594,669 $331,594,669 $15,383,070
$9,551,600 $5,522,756,579
$6,130,661 $6,130,661 $20,416,836 $20,416,836 $3,602,897 $3,602,897 $2,370,936,593 $214,057,828 $2,156,878,765 $239,644,939 $239,644,939 $1,672,491 $1,672,491 $2,866,947,417
$435,771 $2,865,119,776
$1,391,870 $13,404,745

$129,239 $780
$3,412,222 $93,676,129 $102,632,009 $14,163,709 $15,977,927 $1,143,641,430 $73,000,590 $51,766,614 $20,886,897 $5,900,474,211 $47,141,096
$2,257,620 $53,771,331 $35,981,142 $333,531,453 $331,594,669 $331,594,669 $15,383,070
$9,551,600 $5,549,672,300
$6,130,661 $6,130,661 $47,232,557 $47,232,557 $3,602,897 $3,602,897 $2,370,936,593 $214,057,828 $2,156,878,765 $239,644,939 $239,644,939 $1,672,491 $1,672,491 $2,867,047,417
$435,771 $2,865,219,776
$1,391,870 $13,404,745

FRIDAY, FEBRUARY 22, 2013

827

Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Accounting System Assessments Administrative Fees from the Self Insurance Trust Fund Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Health Insurance Payments Central State Hospital Food and Utility Sales Indemnification Funds Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases Liability Funds Loss Control Funds Merit System Assessments Optional Medicaid Services Payments Property Insurance Funds Rental Payments for GBA Facilities Retirement Payments Unemployment Compensation Funds Workers Compensation Funds
Agency Funds Transfers Agency Fund Transfers Not Itemized
Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Community Based Child Abuse Prevention CFDA93.590 FF Foster Care Title IV-E CFDA93.658 FF Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS
State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Nursing Home Provider Fees

$13,404,745 $13,404,745 $13,404,745

$3,661,720,434 $3,661,720,434 $3,661,720,434

$3,654,194,552 $3,654,194,552 $3,654,194,552

$15,695,323 $15,695,323 $15,695,323

$2,603,826

$2,603,826

$2,603,826

$1,300,805

$1,300,805

$1,300,805

$13,194,916 $13,194,916 $13,194,916

$3,090,119,428 $3,090,119,428 $3,090,119,428

$2,357,130

$2,357,130

$2,357,130

$716,378

$716,378

$716,378

$34,350,000 $34,350,000 $34,350,000

$1,967,074

$1,967,074

$1,967,074

$28,427,991 $28,427,991 $28,427,991

$443,253

$443,253

$443,253

$9,806,920

$9,806,920

$9,806,920

$280,857,262 $280,857,262 $280,857,262

$15,691,195 $15,691,195 $15,691,195

$705,234

$705,234

$705,234

$49,269,674 $49,269,674 $49,269,674

$16,966,404 $16,966,404 $16,966,404

$89,100,000 $89,100,000 $89,100,000

$36,316

$36,316

$36,316

$36,316

$36,316

$36,316

$7,489,566

$7,489,566

$7,489,566

$1,802,127

$1,802,127

$1,802,127

$41,000

$41,000

$41,000

$1,531,226

$1,531,226

$1,531,226

$48,098

$48,098

$48,098

$351,158

$351,158

$351,158

$3,454,147

$3,454,147

$3,454,147

$261,810

$261,810

$261,810

$36,571,214,623 $36,587,164,295 $36,615,764,853

($26,343,887) ($192,302,739) $172,699,755
$13,643,774 ($38,074,581)
$7,712,013 $10,311,440

($26,343,887) ($192,302,739) $172,699,755
$13,643,774 ($38,074,581)
$7,712,013 $10,311,440

($26,343,887) ($192,302,739) $172,699,755
$13,643,774 ($38,074,581)
$7,712,013 $10,311,440

828

JOURNAL OF THE HOUSE

Hospital Provider Fee TOTAL FEDERAL FUNDS
CCDF Mandatory & Matching Funds CFDA93.596 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances
Reserved Fund Balances Not Itemized Intergovernmental Transfers
Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts Health Insurance Payments Property Insurance Funds Rental Payments for GBA Facilities Unemployment Compensation Funds
TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

($333,549) $429,626,976
($3,097,213) ($126,838)
$408,363,005 $200,470
$25,802,352 $32,484,359
$44,297 $44,297 $1,028,165 $1,028,165 $330,000 $330,000 $31,081,897 $31,081,897 $77,795,044 $77,795,044 $5,062,567 $81,282,278 ($7,327,990) ($21,811) ($1,200,000) $513,562,492

($333,549) $445,639,955
($3,097,213) ($126,838)
$390,010,763 $200,470
$60,167,573 $32,421,052
$44,297 $44,297 $1,028,165 $1,028,165 $330,000 $330,000 $31,018,590 $31,018,590 $77,795,044 $77,795,044 $5,062,567 $81,282,278 ($7,327,990) ($21,811) ($1,200,000) $529,512,164

($333,549) $447,324,792
($3,097,213) ($126,838)
$391,715,145 $200,470
$60,148,028 $59,336,773 $26,860,018 $26,860,018
$1,028,165 $1,028,165
$330,000 $330,000 $31,118,590 $31,118,590 $77,795,044 $77,795,044 $5,062,567 $81,282,278 ($7,327,990) ($21,811) ($1,200,000) $558,112,722

Section Total - Continuation $10,374,470 $10,374,470 $10,374,470

$10,374,470 $10,374,470 $10,374,470

Section Total - Final $10,374,470 $10,374,470 $10,374,470

$10,374,470 $10,374,470 $10,374,470

$10,374,470 $10,374,470 $10,374,470
$10,193,044 $10,193,044 $10,193,044

Lieutenant Governor's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
1.1 Reduce funds for operations. State General Funds
1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
2.1 Reduce funds for operations. State General Funds
2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
3.1 Reduce funds for operations. State General Funds

FRIDAY, FEBRUARY 22, 2013

829

$1,212,241 $1,212,241 $1,212,241

Continuation Budget

$1,212,241 $1,212,241 $1,212,241

$1,212,241 $1,212,241 $1,212,241

$1,212,241 $1,212,241 $1,212,241
$1,114,623 $1,114,623 $1,114,623

($27,843)

Appropriation (HB 105)

$1,212,241

$1,184,398

$1,212,241

$1,184,398

$1,212,241

$1,184,398

Continuation Budget

$1,114,623 $1,114,623 $1,114,623

$1,114,623 $1,114,623 $1,114,623

$1,114,623 $1,114,623 $1,114,623
$7,048,447 $7,048,447 $7,048,447

($11,146)

Appropriation (HB 105)

$1,114,623

$1,103,477

$1,114,623

$1,103,477

$1,114,623

$1,103,477

Continuation Budget

$7,048,447 $7,048,447 $7,048,447

$7,048,447 $7,048,447 $7,048,447

($132,445)

830

JOURNAL OF THE HOUSE

3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$7,048,447 $7,048,447 $7,048,447

Senate Budget and Evaluation Office The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$999,159 $999,159 $999,159

Appropriation (HB 105)

$7,048,447

$6,916,002

$7,048,447

$6,916,002

$7,048,447

$6,916,002

Continuation Budget

$999,159 $999,159 $999,159

$999,159 $999,159 $999,159

4.1 Reduce funds for operations. State General Funds

($9,992)

4.100 -Senate Budget and Evaluation Office

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$999,159

State General Funds

$999,159

TOTAL PUBLIC FUNDS

$999,159

Appropriation (HB 105)

$999,159 $999,159 $999,159

$989,167 $989,167 $989,167

Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation $18,631,809 $18,631,809 $18,631,809

$18,631,809 $18,631,809 $18,631,809

$18,631,809 $18,631,809 $18,631,809

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $18,631,809 $18,631,809 $18,631,809

$18,241,875 $18,241,875 $18,241,875

$18,241,875 $18,241,875 $18,241,875

House of Representatives

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$18,631,809 $18,631,809 $18,631,809

$18,631,809 $18,631,809 $18,631,809

$18,631,809 $18,631,809 $18,631,809

FRIDAY, FEBRUARY 22, 2013

831

5.1 Reduce funds for operations. State General Funds

($389,934)

($389,934)

5.100 -House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$18,631,809 $18,631,809 $18,631,809

Appropriation (HB 105) $18,241,875 $18,241,875 $18,241,875 $18,241,875 $18,241,875 $18,241,875

Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation $10,036,991 $10,036,991 $10,036,991

$10,036,991 $10,036,991 $10,036,991

$10,036,991 $10,036,991 $10,036,991

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $10,036,991 $10,036,991 $10,036,991

$9,786,474 $9,786,474 $9,786,474

$9,786,474 $9,786,474 $9,786,474

Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,807,892 $4,807,892 $4,807,892

$4,807,892 $4,807,892 $4,807,892

$4,807,892 $4,807,892 $4,807,892

6.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
6.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
6.3 Reduce funds for operations. State General Funds

$21,029 ($2,900) ($216,355)

$21,029 ($2,900) ($216,355)

6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government.

Appropriation (HB 105)

832

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,807,892 $4,807,892 $4,807,892

$4,609,666 $4,609,666 $4,609,666

$4,609,666 $4,609,666 $4,609,666

Legislative Fiscal Office

Continuation Budget

The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative

expenditures and commitments.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,290,157 $2,290,157 $2,290,157

$2,290,157 $2,290,157 $2,290,157

$2,290,157 $2,290,157 $2,290,157

7.1 Reduce funds for operations. State General Funds

($22,902)

($22,902)

7.100 -Legislative Fiscal Office

Appropriation (HB 105)

The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative

expenditures and commitments.

TOTAL STATE FUNDS

$2,290,157

$2,267,255

$2,267,255

State General Funds

$2,290,157

$2,267,255

$2,267,255

TOTAL PUBLIC FUNDS

$2,290,157

$2,267,255

$2,267,255

Office of Legislative Counsel

Continuation Budget

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,938,942 $2,938,942 $2,938,942

$2,938,942 $2,938,942 $2,938,942

$2,938,942 $2,938,942 $2,938,942

8.1 Reduce funds for operations. State General Funds

($29,389)

($29,389)

8.100 -Office of Legislative Counsel

Appropriation (HB 105)

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$2,938,942

$2,909,553

$2,909,553

State General Funds

$2,938,942

$2,909,553

$2,909,553

TOTAL PUBLIC FUNDS

$2,938,942

$2,909,553

$2,909,553

FRIDAY, FEBRUARY 22, 2013

833

Section 4: Audits and Accounts, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $30,788,933

$30,450,223 $30,450,223
$338,710 $338,710 $338,710 $30,788,933

$30,450,223 $30,450,223
$338,710 $338,710 $338,710 $30,788,933

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $30,788,933

$29,646,142 $29,646,142
$338,710 $338,710 $338,710 $29,984,852

$29,646,142 $29,646,142
$338,710 $338,710 $338,710 $29,984,852

Audit and Assurance Services

Continuation Budget

The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education

systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State

of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct

performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of

local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online

to promote transparency in government.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$26,482,810 $26,482,810
$338,710 $338,710 $338,710 $26,821,520

$26,482,810 $26,482,810
$338,710 $338,710 $338,710 $26,821,520

$26,482,810 $26,482,810
$338,710 $338,710 $338,710 $26,821,520

9.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
9.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
9.3 Reduce funds for personnel. State General Funds

$5,083 ($378) ($600,779)

$5,083 ($378) ($600,779)

834

JOURNAL OF THE HOUSE

9.4 Reduce funds for operations. State General Funds

($202,588)

($202,588)

9.100 -Audit and Assurance Services

Appropriation (HB 105)

The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education

systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State

of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct

performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of

local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online

to promote transparency in government.

TOTAL STATE FUNDS

$26,482,810 $25,684,148 $25,684,148

State General Funds

$26,482,810 $25,684,148 $25,684,148

TOTAL AGENCY FUNDS

$338,710

$338,710

$338,710

Intergovernmental Transfers

$338,710

$338,710

$338,710

Intergovernmental Transfers Not Itemized

$338,710

$338,710

$338,710

TOTAL PUBLIC FUNDS

$26,821,520 $26,022,858 $26,022,858

Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,639,202 $1,639,202 $1,639,202

$1,639,202 $1,639,202 $1,639,202

$1,639,202 $1,639,202 $1,639,202

10.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
10.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$228 ($17)

$228 ($17)

10.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$1,639,202 $1,639,202 $1,639,202

Appropriation (HB 105)

$1,639,413 $1,639,413 $1,639,413

$1,639,413 $1,639,413 $1,639,413

FRIDAY, FEBRUARY 22, 2013

835

Immigration Enforcement Review Board

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$20,000 $20,000 $20,000

$20,000 $20,000 $20,000

$20,000 $20,000 $20,000

11.100 -Immigration Enforcement Review Board

Appropriation (HB 105)

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 STATE FUNDS

$20,000

$20,000

$20,000

State General Funds

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$20,000

$20,000

$20,000

Legislative Services

Continuation Budget

The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and

to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$247,561 $247,561 $247,561

$247,561 $247,561 $247,561

$247,561 $247,561 $247,561

12.100 -Legislative Services

Appropriation (HB 105)

The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and

to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

TOTAL STATE FUNDS

$247,561

$247,561

$247,561

State General Funds

$247,561

$247,561

$247,561

TOTAL PUBLIC FUNDS

$247,561

$247,561

$247,561

Statewide Equalized Adjusted Property Tax Digest

Continuation Budget

The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State

funds for public school systems 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.

836

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,060,650 $2,060,650 $2,060,650

$2,060,650 $2,060,650 $2,060,650

$2,060,650 $2,060,650 $2,060,650

13.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
13.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
13.3 Reduce funds for contracts. State General Funds

$400 ($30) ($6,000)

$400 ($30) ($6,000)

13.100 -Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB 105)

The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State

funds for public school systems and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data

regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of

assessment for centrally assessed public utility companies.

TOTAL STATE FUNDS

$2,060,650

$2,055,020

$2,055,020

State General Funds

$2,060,650

$2,055,020

$2,055,020

TOTAL PUBLIC FUNDS

$2,060,650

$2,055,020

$2,055,020

Section 5: Appeals, Court of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000

$14,106,000 $14,106,000
$150,000 $150,000 $150,000 $14,256,000

$14,106,000 $14,106,000
$150,000 $150,000 $150,000 $14,256,000

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $14,379,875 $14,379,875 $150,000 $150,000 $150,000 $14,529,875

$14,118,377 $14,118,377
$150,000 $150,000 $150,000 $14,268,377

$14,118,377 $14,118,377
$150,000 $150,000 $150,000 $14,268,377

FRIDAY, FEBRUARY 22, 2013

837

Court of Appeals

Continuation Budget

The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of

Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,106,000 $14,106,000
$150,000 $150,000 $150,000 $14,256,000

$14,106,000 $14,106,000
$150,000 $150,000 $150,000 $14,256,000

$14,106,000 $14,106,000
$150,000 $150,000 $150,000 $14,256,000

14.1 Increase funds for personnel to restore furlough days. State General Funds 14.2 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds 14.3 Increase funds for information technology for the docket software maintenance fee. State General Funds 14.4 Increase funds for printing costs due to new Judgeships. State General Funds 14.5 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 14.6 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$225,016 $10,459 $33,000
$5,400

$0 $10,459
$0 $0 $2,785 ($867)

$0 $10,459
$0 $0 $2,785 ($867)

14.100 -Court of Appeals

Appropriation (HB 105)

The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of

Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law.

TOTAL STATE FUNDS

$14,379,875 $14,118,377 $14,118,377

State General Funds

$14,379,875 $14,118,377 $14,118,377

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$14,529,875 $14,268,377 $14,268,377

838

JOURNAL OF THE HOUSE

Section 6: Judicial Council
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $12,423,861 $12,423,861 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794

$12,423,861 $12,423,861
$2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794

$12,423,861 $12,423,861
$2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $12,475,861 $12,475,861 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,173,794

$12,391,917 $12,391,917
$2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,089,850

$12,190,454 $12,190,454
$2,552,935 $1,144,998 $1,144,998 $1,144,998 $15,888,387

Accountability Courts

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$431,821 $431,821 $431,821

$431,821 $431,821 $431,821

$431,821 $431,821 $431,821

15.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($358)

($358)

15.100 -Accountability Courts

Appropriation (HB 105)

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 STATE FUNDS

$431,821

$431,463

$431,463

State General Funds

$431,821

$431,463

$431,463

TOTAL PUBLIC FUNDS

$431,821

$431,463

$431,463

FRIDAY, FEBRUARY 22, 2013

839

Georgia Office of Dispute Resolution

Continuation Budget

The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new

ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals

and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $172,890 $172,890 $172,890 $172,890

$0 $0 $172,890 $172,890 $172,890 $172,890

$0 $0 $172,890 $172,890 $172,890 $172,890

16.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($717)

$0

16.100 -Georgia Office of Dispute Resolution

Appropriation (HB 105)

The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new

ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals

and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness.

TOTAL STATE FUNDS

$0

($717)

$0

State General Funds

$0

($717)

$0

TOTAL AGENCY FUNDS

$172,890

$172,890

$172,890

Sales and Services

$172,890

$172,890

$172,890

Sales and Services Not Itemized

$172,890

$172,890

$172,890

TOTAL PUBLIC FUNDS

$172,890

$172,173

$172,890

Institute of Continuing Judicial Education

Continuation Budget

The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges,

Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other

court personnel.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992

$461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992

$461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992

840

JOURNAL OF THE HOUSE

17.100 -Institute of Continuing Judicial Education

Appropriation (HB 105)

The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges,

Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other

court personnel.

TOTAL STATE FUNDS

$461,789

$461,789

$461,789

State General Funds

$461,789

$461,789

$461,789

TOTAL AGENCY FUNDS

$703,203

$703,203

$703,203

Sales and Services

$703,203

$703,203

$703,203

Sales and Services Not Itemized

$703,203

$703,203

$703,203

TOTAL PUBLIC FUNDS

$1,164,992

$1,164,992

$1,164,992

Judicial Council

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,218,036 $10,218,036
$2,552,935 $268,905 $268,905 $268,905
$13,039,876

$10,218,036 $10,218,036
$2,552,935 $268,905 $268,905 $268,905
$13,039,876

$10,218,036 $10,218,036
$2,552,935 $268,905 $268,905 $268,905
$13,039,876

18.1 Increase funds to support the statewide e-filing initiative. State General Funds 18.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 18.3 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 18.4 Reduce funds. State General Funds

$52,000

$0 ($28,309)
($768)

$0 ($28,309)
($768) ($102,180)

FRIDAY, FEBRUARY 22, 2013

841

18.100 -Judicial Council

Appropriation (HB 105)

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 STATE FUNDS

$10,270,036 $10,188,959 $10,086,779

State General Funds

$10,270,036 $10,188,959 $10,086,779

TOTAL FEDERAL FUNDS

$2,552,935

$2,552,935

$2,552,935

TOTAL AGENCY FUNDS

$268,905

$268,905

$268,905

Sales and Services

$268,905

$268,905

$268,905

Sales and Services Not Itemized

$268,905

$268,905

$268,905

TOTAL PUBLIC FUNDS

$13,091,876 $13,010,799 $12,908,619

Judicial Qualifications Commission

Continuation Budget

The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial

officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce

formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations

of unethical campaign practices.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$512,215 $512,215 $512,215

$512,215 $512,215 $512,215

$512,215 $512,215 $512,215

19.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,792)

19.2 Reduce funds for an investigative staff attorney position that was funded in HB742 (2012 Session) and has not been hired. State General Funds

($1,792) ($100,000)

19.100 -Judicial Qualifications Commission

Appropriation (HB 105)

The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial

officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce

formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations

of unethical campaign practices.

TOTAL STATE FUNDS

$512,215

$510,423

$410,423

State General Funds

$512,215

$510,423

$410,423

TOTAL PUBLIC FUNDS

$512,215

$510,423

$410,423

842

JOURNAL OF THE HOUSE

Resource Center

Continuation Budget

The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent

plaintiffs in habeas corpus proceedings.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

20.100 -Resource Center

Appropriation (HB 105)

The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent

plaintiffs in habeas corpus proceedings.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

Section 7: Juvenile Courts
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Continuation $6,774,461 $6,774,461 $447,456 $7,221,917

$6,774,461 $6,774,461
$447,456 $7,221,917

$6,774,461 $6,774,461
$447,456 $7,221,917

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Final $6,774,461 $6,774,461 $447,456 $7,221,917

$6,772,863 $6,772,863
$447,456 $7,220,319

$6,758,162 $6,758,162
$447,456 $7,205,618

Council of Juvenile Court Judges

Continuation Budget

The purpose of this appropriation is for the Council of Juvenile Court Judges to represent all the juvenile judges in Georgia. Jurisdiction in cases involving

children includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$1,470,066 $1,470,066
$447,456 $1,917,522

$1,470,066 $1,470,066
$447,456 $1,917,522

$1,470,066 $1,470,066
$447,456 $1,917,522

21.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$237

$237

FRIDAY, FEBRUARY 22, 2013

843

21.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
21.3 Reduce funds. State General Funds

($1,835)

($1,835) ($14,701)

21.100 -Council of Juvenile Court Judges

Appropriation (HB 105)

The purpose of this appropriation is for the Council of Juvenile Court Judges to represent all the juvenile judges in Georgia. Jurisdiction in cases involving

children includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS

$1,470,066

$1,468,468

$1,453,767

State General Funds

$1,470,066

$1,468,468

$1,453,767

TOTAL FEDERAL FUNDS

$447,456

$447,456

$447,456

TOTAL PUBLIC FUNDS

$1,917,522

$1,915,924

$1,901,223

Grants to Counties for Juvenile Court Judges The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,304,395 $5,304,395 $5,304,395

$5,304,395 $5,304,395 $5,304,395

$5,304,395 $5,304,395 $5,304,395

22.100 -Grants to Counties for Juvenile Court Judges

The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$5,304,395

State General Funds

$5,304,395

TOTAL PUBLIC FUNDS

$5,304,395

Appropriation (HB 105)

$5,304,395 $5,304,395 $5,304,395

$5,304,395 $5,304,395 $5,304,395

Section 8: Prosecuting Attorneys
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563
TOTAL PUBLIC FUNDS

Section Total - Continuation $60,074,711 $60,074,711 $1,802,127 $1,802,127 $1,802,127 $61,876,838

$60,074,711 $60,074,711
$1,802,127 $1,802,127 $1,802,127 $61,876,838

$60,074,711 $60,074,711
$1,802,127 $1,802,127 $1,802,127 $61,876,838

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Final $60,768,789 $60,768,789 $1,802,127

$60,554,427 $60,554,427
$1,802,127

$60,228,586 $60,228,586
$1,802,127

844

JOURNAL OF THE HOUSE

Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563
TOTAL PUBLIC FUNDS

$1,802,127 $1,802,127 $62,570,916

$1,802,127 $1,802,127 $62,356,554

$1,802,127 $1,802,127 $62,030,713

Council of Superior Court Clerks (PAC)

Continuation Budget

The purpose of this appropriation is to assist superior court clerks throughout the state in the execution of their duties and to promote and assist in the training

of superior court clerks.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$187,455 $187,455 $187,455

$187,455 $187,455 $187,455

$187,455 $187,455 $187,455

23.1 Reduce funds. State General Funds

($1,875)

23.100 -Council of Superior Court Clerks (PAC)

Appropriation (HB 105)

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 STATE FUNDS

$187,455

$187,455

$185,580

State General Funds

$187,455

$187,455

$185,580

TOTAL PUBLIC FUNDS

$187,455

$187,455

$185,580

District Attorneys

Continuation Budget

The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for

the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563
TOTAL PUBLIC FUNDS

$52,881,965 $52,881,965
$1,802,127 $1,802,127 $1,802,127 $54,684,092

$52,881,965 $52,881,965
$1,802,127 $1,802,127 $1,802,127 $54,684,092

$52,881,965 $52,881,965
$1,802,127 $1,802,127 $1,802,127 $54,684,092

24.1 Increase funds for personnel for annual leave and Employees' Retirement System payments for district attorneys leaving office due to retirements and elections.

State General Funds

$479,913

$479,913

$0

24.2 Increase funds for district attorney court travel. State General Funds

$155,947

$0

$155,947

FRIDAY, FEBRUARY 22, 2013

845

24.3 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to align retirement premium expenditures.

State General Funds

$1,125,097

$1,125,097

$1,125,097

24.100 -District Attorneys

Appropriation (HB 105)

The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for

the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18.

TOTAL STATE FUNDS

$54,642,922 $54,486,975 $54,163,009

State General Funds

$54,642,922 $54,486,975 $54,163,009

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,802,127

$1,802,127

$1,802,127

Federal Funds Transfers

$1,802,127

$1,802,127

$1,802,127

FF Child Support Enforcement Title IV-D CFDA93.563

$1,802,127

$1,802,127

$1,802,127

TOTAL PUBLIC FUNDS

$56,445,049 $56,289,102 $55,965,136

Prosecuting Attorneys' Council The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,005,291 $7,005,291 $7,005,291

$7,005,291 $7,005,291 $7,005,291

$7,005,291 $7,005,291 $7,005,291

25.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan.

State General Funds

$58,218

$0

$0

25.2 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to realign retirement premium expenditures.

State General Funds

($1,125,097) ($1,125,097) ($1,125,097)

25.3 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($197)

($197)

25.100 -Prosecuting Attorneys' Council The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$5,938,412 $5,938,412 $5,938,412

Appropriation (HB 105)

$5,879,997 $5,879,997 $5,879,997

$5,879,997 $5,879,997 $5,879,997

846

JOURNAL OF THE HOUSE

Section 9: Superior Courts
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation $61,105,042 $61,105,042 $61,105,042

$61,105,042 $61,105,042 $61,105,042

$61,105,042 $61,105,042 $61,105,042

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $60,611,005 $60,611,005 $60,611,005

$61,106,823 $61,106,823 $61,106,823

$60,593,909 $60,593,909 $60,593,909

Council of Superior Court Judges

Continuation Budget

The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,291,377 $1,291,377 $1,291,377

$1,291,377 $1,291,377 $1,291,377

$1,291,377 $1,291,377 $1,291,377

26.1 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds 26.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 26.3 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 26.4 Reduce funds. State General Funds

$1,405

$1,405 $416 ($40)

$1,405 $416 ($40)
($12,914)

26.100 -Council of Superior Court Judges

Appropriation (HB 105)

The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$1,292,782

$1,293,158

$1,280,244

State General Funds

$1,292,782

$1,293,158

$1,280,244

TOTAL PUBLIC FUNDS

$1,292,782

$1,293,158

$1,280,244

FRIDAY, FEBRUARY 22, 2013

847

Judicial Administrative Districts

Continuation Budget

The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets,

policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,336,893 $2,336,893 $2,336,893

$2,336,893 $2,336,893 $2,336,893

$2,336,893 $2,336,893 $2,336,893

27.1 Increase funds for personnel to restore three furlough days. State General Funds
27.2 Increase funds for operations. State General Funds

$18,051

$0

$0

$67,500

$0

$0

27.100 -Judicial Administrative Districts

Appropriation (HB 105)

The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets,

policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS

$2,422,444

$2,336,893

$2,336,893

State General Funds

$2,422,444

$2,336,893

$2,336,893

TOTAL PUBLIC FUNDS

$2,422,444

$2,336,893

$2,336,893

Superior Court Judges

Continuation Budget

The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority

over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits

by caseload ranks.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$57,476,772 $57,476,772 $57,476,772

$57,476,772 $57,476,772 $57,476,772

$57,476,772 $57,476,772 $57,476,772

28.1 Increase funds for personnel to restore three furlough days. State General Funds

$168,558

$0

$0

28.2 Reduce funds for senior judges and consolidate remaining funds for accountability courts' senior judges and general usage senior judges into one funding category.

State General Funds

($749,551)

$0

($500,000)

848

JOURNAL OF THE HOUSE

28.100 -Superior Court Judges

Appropriation (HB 105)

The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority

over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits

by caseload ranks.

TOTAL STATE FUNDS

$56,895,779 $57,476,772 $56,976,772

State General Funds

$56,895,779 $57,476,772 $56,976,772

TOTAL PUBLIC FUNDS

$56,895,779 $57,476,772 $56,976,772

Section 10: Supreme Court
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823
$10,953,120

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $9,100,837 $9,100,837 $1,859,823 $1,859,823 $1,859,823
$10,960,660

$9,068,224 $9,068,224 $1,859,823 $1,859,823 $1,859,823 $10,928,047

$9,068,224 $9,068,224 $1,859,823 $1,859,823 $1,859,823 $10,928,047

Supreme Court of Georgia

Continuation Budget

The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the

construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that

has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the

Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and

oversight of the Office of Reporter of Decisions.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120

FRIDAY, FEBRUARY 22, 2013

849

29.1 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds
29.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

$7,540

$7,540 ($32,613)

$7,540 ($32,613)

29.100 -Supreme Court of Georgia

Appropriation (HB 105)

The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the

construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that

has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the

Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and

oversight of the Office of Reporter of Decisions.

TOTAL STATE FUNDS

$9,100,837

$9,068,224

$9,068,224

State General Funds

$9,100,837

$9,068,224

$9,068,224

TOTAL AGENCY FUNDS

$1,859,823

$1,859,823

$1,859,823

Sales and Services

$1,859,823

$1,859,823

$1,859,823

Sales and Services Not Itemized

$1,859,823

$1,859,823

$1,859,823

TOTAL PUBLIC FUNDS

$10,960,660 $10,928,047 $10,928,047

Section 11: Accounting Office, State
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

Section Total - Continuation $3,781,064 $3,781,064
$15,695,323 $15,695,323 $15,695,323 $19,476,387

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

Section Total - Final $3,630,804 $3,630,804
$15,695,323 $15,695,323 $15,695,323 $19,326,127

$3,720,804 $3,720,804 $15,695,323 $15,695,323 $15,695,323 $19,416,127

$3,720,804 $3,720,804 $15,695,323 $15,695,323 $15,695,323 $19,416,127

State Accounting Office

Continuation Budget

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.

850

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

30.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 30.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 30.3 Eliminate funds for the training contract with the Carl Vinson Institute of Government. State General Funds 30.4 Reduce funds for personnel. State General Funds

($36,715) ($113)
($90,000) ($23,432)

($36,715) ($113) $0
($23,432)

($36,715) ($113) $0
($23,432)

30.100 -State Accounting Office

Appropriation (HB 105)

The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state

agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human

capital management systems, and to improve the accountability and efficiency of various financial and operational processes.

TOTAL STATE FUNDS

$3,630,804

$3,720,804

$3,720,804

State General Funds

$3,630,804

$3,720,804

$3,720,804

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$15,695,323 $15,695,323 $15,695,323

State Funds Transfers

$15,695,323 $15,695,323 $15,695,323

Accounting System Assessments

$15,695,323 $15,695,323 $15,695,323

TOTAL PUBLIC FUNDS

$19,326,127 $19,416,127 $19,416,127

Section 12: Administrative Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers

Section Total - Continuation $4,848,272 $4,848,272
$19,366,471 $792,810 $792,810
$3,262,897 $3,262,897
$36,619

$4,848,272 $4,848,272 $19,366,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619

$4,848,272 $4,848,272 $19,366,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619

FRIDAY, FEBRUARY 22, 2013

851

Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Administrative Fees from the Self Insurance Trust Fund Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds Loss Control Funds Merit System Assessments Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Fees from the Self Insurance Trust Fund Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds

$36,619 $14,199,536 $14,199,536
$1,074,609 $1,074,609 $173,934,762 $173,934,762 $2,603,826 $1,300,805
$350,000 $716,378 $28,427,991 $443,253 $9,806,920 $23,019,185 $18,166,404 $89,100,000 $198,149,505

$36,619 $14,199,536 $14,199,536
$1,074,609 $1,074,609 $173,934,762 $173,934,762 $2,603,826 $1,300,805
$350,000 $716,378 $28,427,991 $443,253 $9,806,920 $23,019,185 $18,166,404 $89,100,000 $198,149,505

$36,619 $14,199,536 $14,199,536
$1,074,609 $1,074,609 $173,934,762 $173,934,762 $2,603,826 $1,300,805
$350,000 $716,378 $28,427,991 $443,253 $9,806,920 $23,019,185 $18,166,404 $89,100,000 $198,149,505

Section Total - Final $4,801,366 $4,801,366
$19,366,471 $792,810 $792,810
$3,262,897 $3,262,897
$36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $165,406,772 $165,406,772 $2,603,826 $1,300,805 $350,000 $716,378 $28,427,991

$4,738,366 $4,738,366 $19,366,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $165,406,772 $165,406,772 $2,603,826 $1,300,805 $350,000 $716,378 $28,427,991

$3,852,574 $3,852,574 $19,366,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $165,406,772 $165,406,772 $2,603,826 $1,300,805 $350,000 $716,378 $28,427,991

852

JOURNAL OF THE HOUSE

Loss Control Funds Merit System Assessments Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

$443,253 $9,806,920 $15,691,195 $16,966,404 $89,100,000 $189,574,609

$443,253 $9,806,920 $15,691,195 $16,966,404 $89,100,000 $189,511,609

$443,253 $9,806,920 $15,691,195 $16,966,404 $89,100,000 $188,625,817

Compensation Per General Assembly Resolutions

Continuation Budget

The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon

passage of the required House Resolution.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$337,355 $337,355 $337,355

$337,355 $337,355 $337,355

$337,355 $337,355 $337,355

31.1 Reduce funds for failed HR1160 (2012 Session). State General Funds

($329,855)

($329,855)

($329,855)

31.100 -Compensation Per General Assembly Resolutions

Appropriation (HB 105)

The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon

passage of the required House Resolution.

TOTAL STATE FUNDS

$7,500

$7,500

$7,500

State General Funds

$7,500

$7,500

$7,500

TOTAL PUBLIC FUNDS

$7,500

$7,500

$7,500

Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267

$0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267

$0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267

FRIDAY, FEBRUARY 22, 2013

853

Administrative Fees from the Self Insurance Trust Fund Agency to Agency Contracts Merit System Assessments TOTAL PUBLIC FUNDS

$741,832 $350,000 $1,152,435 $5,729,732

$741,832 $350,000 $1,152,435 $5,729,732

$741,832 $350,000 $1,152,435 $5,729,732

32.1 Utilize existing funds for Team Georgia personnel and operations and remit payment to the State Treasury. (Total Funds: $350,000)(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

32.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs.

Appropriation (HB 105)

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Fees from the Self Insurance Trust Fund Agency to Agency Contracts Merit System Assessments
TOTAL PUBLIC FUNDS

$3,485,465 $36,619 $36,619
$3,032,114 $3,032,114
$416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732

$3,485,465 $36,619 $36,619
$3,032,114 $3,032,114
$416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732

$3,485,465 $36,619 $36,619
$3,032,114 $3,032,114
$416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732

Fleet Management

Continuation Budget

The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract

Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for traveling

state employees.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141

$0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141

$0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141

854

JOURNAL OF THE HOUSE

33.100 -Fleet Management

Appropriation (HB 105)

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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$1,020,141 $172,093 $172,093 $848,048 $848,048
$1,020,141

$1,020,141 $172,093 $172,093 $848,048 $848,048
$1,020,141

$1,020,141 $172,093 $172,093 $848,048 $848,048
$1,020,141

Human Resources Administration

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485

$0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485

$0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485

34.100 -Human Resources Administration

Appropriation (HB 105)

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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$8,654,485 $8,654,485 $8,654,485 $8,654,485

$8,654,485 $8,654,485 $8,654,485 $8,654,485

$8,654,485 $8,654,485 $8,654,485 $8,654,485

Risk Management

Continuation Budget

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.

FRIDAY, FEBRUARY 22, 2013

855

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Fees from the Self Insurance Trust Fund Indemnification Funds Liability Funds Loss Control Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$0 $0 $161,735,205 $161,735,205 $1,861,994 $716,378 $28,427,991 $443,253 $23,019,185 $18,166,404 $89,100,000 $161,735,205

$0 $0 $161,735,205 $161,735,205 $1,861,994 $716,378 $28,427,991 $443,253 $23,019,185 $18,166,404 $89,100,000 $161,735,205

$0 $0 $161,735,205 $161,735,205 $1,861,994 $716,378 $28,427,991 $443,253 $23,019,185 $18,166,404 $89,100,000 $161,735,205

35.1 Increase funds for the Peace Officer's Indemnification Trust Fund. State General Funds

$500,000

$500,000

$500,000

35.2 Reduce funds for unemployment billings to reflect the actual amount billed to the Department of Behavioral Health and Developmental Disabilities.

Unemployment Compensation Funds

($1,200,000) ($1,200,000) ($1,200,000)

35.3 Reduce funds to reflect billings for property insurance premiums. Property Insurance Funds

($7,327,990) ($7,327,990) ($7,327,990)

35.100 -Risk Management

Appropriation (HB 105)

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 STATE FUNDS

$500,000

$500,000

$500,000

State General Funds

$500,000

$500,000

$500,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$153,207,215 $153,207,215 $153,207,215

State Funds Transfers

$153,207,215 $153,207,215 $153,207,215

Administrative Fees from the Self Insurance Trust Fund

$1,861,994

$1,861,994

$1,861,994

Indemnification Funds

$716,378

$716,378

$716,378

Liability Funds

$28,427,991 $28,427,991 $28,427,991

Loss Control Funds

$443,253

$443,253

$443,253

Property Insurance Funds

$15,691,195 $15,691,195 $15,691,195

Unemployment Compensation Funds

$16,966,404 $16,966,404 $16,966,404

Workers Compensation Funds

$89,100,000 $89,100,000 $89,100,000

TOTAL PUBLIC FUNDS

$153,707,215 $153,707,215 $153,707,215

856

JOURNAL OF THE HOUSE

State Purchasing

Continuation Budget

The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of

all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions

for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking

contract opportunities; and to certify Small and/or Minority Business Vendors.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374

$0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374

$0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374

36.1 Increase funds for payment to the State Treasury by $500,000 from $1,200,000 to $1,700,000. (Total Funds: $1,700,000)(G:YES)(H:Follow Governor's Recommendation for Revenue estimate)(S:YES)

State General Funds

$0

$0

$0

36.2 The Department is authorized to retain only $10,319,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $600,000 to the State Accounting Office for expenses due to Team Georgia Marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year. (S:YES)

State General Funds

$0

36.100 -State Purchasing

Appropriation (HB 105)

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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$10,319,374 $10,319,374 $10,319,374 $10,319,374

$10,319,374 $10,319,374 $10,319,374 $10,319,374

$10,319,374 $10,319,374 $10,319,374 $10,319,374

Surplus Property

Continuation Budget

The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and

local governments, qualifying non-profits, and to the public through auction.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$0 $0 $1,198,594

$0 $0 $1,198,594

$0 $0 $1,198,594

FRIDAY, FEBRUARY 22, 2013

857

Reserved Fund Balances Reserved Fund Balances Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$620,717 $620,717 $577,877 $577,877 $1,198,594

$620,717 $620,717 $577,877 $577,877 $1,198,594

$620,717 $620,717 $577,877 $577,877 $1,198,594

37.100 -Surplus Property

Appropriation (HB 105)

The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and

local governments, qualifying non-profits, and to the public through auction.

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,198,594 $620,717 $620,717 $577,877 $577,877
$1,198,594

$1,198,594 $620,717 $620,717 $577,877 $577,877
$1,198,594

$1,198,594 $620,717 $620,717 $577,877 $577,877
$1,198,594

Payments to Georgia Aviation Authority

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,540,251 $1,540,251 $1,540,251

$1,540,251 $1,540,251 $1,540,251

$1,540,251 $1,540,251 $1,540,251

38.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
38.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
38.3 Reduce funds for contracts. (S:Reduce funds based on projected expenditures) State General Funds

$8,956 ($396) ($46,208)

$8,956 ($396) ($46,208)

$8,956 ($396) ($975,000)

38.100 -Payments to Georgia Aviation Authority

Appropriation (HB 105)

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 STATE FUNDS

$1,502,603

$1,502,603

$573,811

State General Funds

$1,502,603

$1,502,603

$573,811

TOTAL PUBLIC FUNDS

$1,502,603

$1,502,603

$573,811

858

JOURNAL OF THE HOUSE

Payments to Georgia Technology Authority

Continuation Budget

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 STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

39.1 Increase funds for payment to the State Treasury by $6,000,000 from $4,315,917 to $10,315,917. (Total Funds: $10,315,917)(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

Certificate of Need Appeal Panel

Continuation Budget

The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$40,728 $40,728 $40,728

$40,728 $40,728 $40,728

$40,728 $40,728 $40,728

40.1 Reduce funds for operations. State General Funds

($1,222)

($1,222)

($1,222)

40.100 -Certificate of Need Appeal Panel

Appropriation (HB 105)

The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

TOTAL STATE FUNDS

$39,506

$39,506

$39,506

State General Funds

$39,506

$39,506

$39,506

TOTAL PUBLIC FUNDS

$39,506

$39,506

$39,506

Administrative Hearings, Office of State

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44
TOTAL PUBLIC FUNDS

$2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743

$2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743

$2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743

FRIDAY, FEBRUARY 22, 2013

859

41.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
41.2 Reduce funds for a vacant judge position and replace with a temporary position. State General Funds
41.3 Reduce funds for the Tax Court based on projected expenditures. State General Funds

($71) ($78,110) ($100,000)

($71) ($78,110) ($163,000)

($71) ($78,110) ($120,000)

41.100 -Administrative Hearings, Office of State

Appropriation (HB 105)

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 STATE FUNDS

$2,751,757

$2,688,757

$2,731,757

State General Funds

$2,751,757

$2,688,757

$2,731,757

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,300,805

$1,300,805

$1,300,805

State Funds Transfers

$1,300,805

$1,300,805

$1,300,805

Administrative Hearing Payments per OCGA50-13-44

$1,300,805

$1,300,805

$1,300,805

TOTAL PUBLIC FUNDS

$4,052,562

$3,989,562

$4,032,562

State Treasurer, Office of the

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897

$0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897

$0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897

42.100 -State Treasurer, Office of the

Appropriation (HB 105)

The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency

deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to

manage state revenue collections; and to manage the Path2College 529 Plan.

TOTAL AGENCY FUNDS

$3,342,897

$3,342,897

$3,342,897

860

JOURNAL OF THE HOUSE

Interest and Investment Income Interest and Investment Income Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,262,897 $3,262,897
$80,000 $80,000 $3,342,897

$3,262,897 $3,262,897
$80,000 $80,000 $3,342,897

$3,262,897 $3,262,897
$80,000 $80,000 $3,342,897

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.

Section 13: Agriculture, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Continuation $40,734,043 $40,734,043 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $51,352,061

$40,734,043 $40,734,043
$7,163,980 $2,607,299
$175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $51,352,061

$40,734,043 $40,734,043
$7,163,980 $2,607,299
$175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $51,352,061

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $39,590,313 $39,590,313 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $50,208,331

$39,548,784 $39,548,784
$7,163,980 $2,607,299
$175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $50,166,802

$39,448,784 $39,448,784
$7,163,980 $2,607,299
$175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $50,066,802

FRIDAY, FEBRUARY 22, 2013

861

Athens and Tifton Veterinary Laboratories

Continuation Budget

The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for

disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,810,149 $2,810,149 $2,810,149

$2,810,149 $2,810,149 $2,810,149

$2,810,149 $2,810,149 $2,810,149

43.1 Increase funds for the Board of Regents contract to reflect an adjustment in the employer share of health insurance premiums.

State General Funds

$9,508

$9,508

$9,508

43.2 Increase funds for the Board of Regents contract to reflect an adjustment in the employer share of Teacher Retirement System from 10.28% to 11.41%.

State General Funds

$10,730

$10,730

$10,730

43.100 -Athens and Tifton Veterinary Laboratories

Appropriation (HB 105)

The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for

disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

TOTAL STATE FUNDS

$2,830,387

$2,830,387

$2,830,387

State General Funds

$2,830,387

$2,830,387

$2,830,387

TOTAL PUBLIC FUNDS

$2,830,387

$2,830,387

$2,830,387

Consumer Protection

Continuation Budget

The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production

of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile

meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating

the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary

industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by

monitoring, inspecting, and regulating animal feed, pet food, and grains; 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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$24,325,136 $24,325,136
$7,128,980 $1,276,004
$175,000 $175,000 $1,101,004 $1,101,004 $225,000

$24,325,136 $24,325,136
$7,128,980 $1,276,004
$175,000 $175,000 $1,101,004 $1,101,004 $225,000

$24,325,136 $24,325,136
$7,128,980 $1,276,004
$175,000 $175,000 $1,101,004 $1,101,004 $225,000

862

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$225,000 $225,000 $32,955,120

$225,000 $225,000 $32,955,120

$225,000 $225,000 $32,955,120

44.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($104,729)

($104,729)

($104,729)

44.2 Reduce funds for operations. State General Funds

($65,194)

($65,194)

($65,194)

44.3 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds

($140,239)

($140,239)

($140,239)

44.4 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds

($355,765)

($355,765)

($355,765)

44.5 Reduce funds for motor vehicle purchases. State General Funds

($121,000)

($121,000)

($121,000)

44.6 Reduce funds for safety inspections in the Consumer Protection program and transfer savings to the Marketing and Promotion program for farmers' markets safety compliance expenditures.

State General Funds

($472,013)

($472,013)

($472,013)

44.100 -Consumer Protection

Appropriation (HB 105)

The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production

of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile

meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating

the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary

industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by

monitoring, inspecting, and regulating animal feed, pet food, and grains; 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 STATE FUNDS

$23,066,196 $23,066,196 $23,066,196

State General Funds

$23,066,196 $23,066,196 $23,066,196

TOTAL FEDERAL FUNDS

$7,128,980

$7,128,980

$7,128,980

TOTAL AGENCY FUNDS

$1,276,004

$1,276,004

$1,276,004

Contributions, Donations, and Forfeitures

$175,000

$175,000

$175,000

Contributions, Donations, and Forfeitures Not Itemized

$175,000

$175,000

$175,000

Sales and Services

$1,101,004

$1,101,004

$1,101,004

Sales and Services Not Itemized

$1,101,004

$1,101,004

$1,101,004

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$225,000

$225,000

$225,000

FRIDAY, FEBRUARY 22, 2013

863

State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$225,000 $225,000 $31,696,180

Departmental Administration The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,558,992 $4,558,992 $4,558,992

$225,000 $225,000 $31,696,180

$225,000 $225,000 $31,696,180

Continuation Budget

$4,558,992 $4,558,992 $4,558,992

$4,558,992 $4,558,992 $4,558,992

45.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
45.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 45.3 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds

($27,863) ($33,693) ($142,020)

($27,863) ($33,693) ($142,020)

($27,863) ($33,693) ($142,020)

45.100 -Departmental Administration

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$4,355,416

State General Funds

$4,355,416

TOTAL PUBLIC FUNDS

$4,355,416

Appropriation (HB 105)

$4,355,416 $4,355,416 $4,355,416

$4,355,416 $4,355,416 $4,355,416

Marketing and Promotion

Continuation Budget

The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to

administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to

publish the Market Bulletin.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$4,991,729 $4,991,729
$35,000 $1,331,295 $1,331,295 $1,331,295
$621,739 $621,739 $6,979,763

$4,991,729 $4,991,729
$35,000 $1,331,295 $1,331,295 $1,331,295
$621,739 $621,739 $6,979,763

$4,991,729 $4,991,729
$35,000 $1,331,295 $1,331,295 $1,331,295
$621,739 $621,739 $6,979,763

864

JOURNAL OF THE HOUSE

46.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($43,043)

($43,043)

($43,043)

46.2 Increase funds for operations related to issuing Georgia Agricultural Tax Exemption (GATE) certificates.

State General Funds

$350,000

$350,000

$250,000

46.3 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds

($36,046)

($36,046)

($36,046)

46.4 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds

($139,324)

($139,324)

($139,324)

46.5 Eliminate funds for contracts for the Brussels office. State General Funds

($81,882)

($81,882)

($81,882)

46.6 Increase funds for farmers' markets safety compliance expenditures in the Marketing and Promotion program by transferring savings from the Consumer Protection program.

State General Funds

$472,013

$472,013

$472,013

46.7 Reduce funds for the H1B/H2A Guest Worker Program. State General Funds

($41,529)

($41,529)

46.100 -Marketing and Promotion

Appropriation (HB 105)

The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to

administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to

publish the Market Bulletin.

TOTAL STATE FUNDS

$5,513,447

$5,471,918

$5,371,918

State General Funds

$5,513,447

$5,471,918

$5,371,918

TOTAL FEDERAL FUNDS

$35,000

$35,000

$35,000

TOTAL AGENCY FUNDS

$1,331,295

$1,331,295

$1,331,295

Sales and Services

$1,331,295

$1,331,295

$1,331,295

Sales and Services Not Itemized

$1,331,295

$1,331,295

$1,331,295

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$621,739

$621,739

$621,739

State Funds Transfers

$621,739

$621,739

$621,739

TOTAL PUBLIC FUNDS

$7,501,481

$7,459,952

$7,359,952

Poultry Veterinary Diagnostic Labs

Continuation Budget

The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring.

FRIDAY, FEBRUARY 22, 2013

865

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,763,298 $2,763,298 $2,763,298

$2,763,298 $2,763,298 $2,763,298

$2,763,298 $2,763,298 $2,763,298

47.1 Reduce funds for operations. State General Funds

($82,899)

($82,899)

($82,899)

47.100 -Poultry Veterinary Diagnostic Labs

Appropriation (HB 105)

The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring.

TOTAL STATE FUNDS

$2,680,399

$2,680,399

$2,680,399

State General Funds

$2,680,399

$2,680,399

$2,680,399

TOTAL PUBLIC FUNDS

$2,680,399

$2,680,399

$2,680,399

Payments to Georgia Agricultural Exposition Authority

Continuation Budget

The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,284,739 $1,284,739 $1,284,739

$1,284,739 $1,284,739 $1,284,739

$1,284,739 $1,284,739 $1,284,739

48.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($1,729)

48.2 Reduce funds for operations. State General Funds

($38,542)

48.3 Reduce funds to reflect savings from energy efficient investments and horse stable enhancements.

State General Funds

($100,000)

($1,729) ($38,542) ($100,000)

($1,729) ($38,542) ($100,000)

48.100 -Payments to Georgia Agricultural Exposition Authority

Appropriation (HB 105)

The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

TOTAL STATE FUNDS

$1,144,468

$1,144,468

$1,144,468

State General Funds

$1,144,468

$1,144,468

$1,144,468

TOTAL PUBLIC FUNDS

$1,144,468

$1,144,468

$1,144,468

866

JOURNAL OF THE HOUSE

Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation $11,357,111 $11,357,111 $11,357,111

$11,357,111 $11,357,111 $11,357,111

$11,357,111 $11,357,111 $11,357,111

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $10,995,899 $10,995,899 $10,995,899

$10,995,899 $10,995,899 $10,995,899

$10,995,899 $10,995,899 $10,995,899

Consumer Protection and Assistance

Continuation Budget

The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$218,206 $218,206 $218,206

$218,206 $218,206 $218,206

$218,206 $218,206 $218,206

49.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($166)

($166)

($166)

49.100 -Consumer Protection and Assistance

Appropriation (HB 105)

The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff.

TOTAL STATE FUNDS

$218,040

$218,040

$218,040

State General Funds

$218,040

$218,040

$218,040

TOTAL PUBLIC FUNDS

$218,040

$218,040

$218,040

Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,014,908 $2,014,908 $2,014,908

$2,014,908 $2,014,908 $2,014,908

$2,014,908 $2,014,908 $2,014,908

50.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
50.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($1,513) ($908)

($1,513) ($908)

($1,513) ($908)

FRIDAY, FEBRUARY 22, 2013

867

50.3 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel.

State General Funds

($25,000)

($25,000)

($25,000)

50.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$1,987,487 $1,987,487 $1,987,487

Appropriation (HB 105)

$1,987,487 $1,987,487 $1,987,487

$1,987,487 $1,987,487 $1,987,487

Financial Institution Supervision

Continuation Budget

The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank

holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry

trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory

agencies on examination findings.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,215,024 $7,215,024 $7,215,024

$7,215,024 $7,215,024 $7,215,024

$7,215,024 $7,215,024 $7,215,024

51.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($5,489)

51.2 Reduce funds for operations. State General Funds

($3,890)

51.3 Reduce funds for travel. State General Funds

($10,974)

51.4 Reduce funds for personnel for one filled position and part-time labor, and hold two positions vacant.

State General Funds

($276,823)

($5,489) ($3,890) ($10,974) ($276,823)

($5,489) ($3,890) ($10,974) ($276,823)

51.100 -Financial Institution Supervision

Appropriation (HB 105)

The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank

holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry

trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory

agencies on examination findings.

TOTAL STATE FUNDS

$6,917,848

$6,917,848

$6,917,848

State General Funds

$6,917,848

$6,917,848

$6,917,848

TOTAL PUBLIC FUNDS

$6,917,848

$6,917,848

$6,917,848

868

JOURNAL OF THE HOUSE

Non-Depository Financial Institution Supervision

Continuation Budget

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 enforcing applicable laws and regulations, and provide efficient and flexible application,

registrations, and notification procedures for non-depository financial institutions.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,908,973 $1,908,973 $1,908,973

$1,908,973 $1,908,973 $1,908,973

$1,908,973 $1,908,973 $1,908,973

52.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,449)

($1,449)

($1,449)

52.2 Reduce funds for operations. State General Funds

($1,512)

($1,512)

($1,512)

52.3 Reduce funds for contracts by eliminating temporary clerical assistance. State General Funds

($20,000)

($20,000)

($20,000)

52.4 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel.

State General Funds

$25,000

$25,000

$25,000

52.5 Reduce funds for personnel by eliminating part-time employees. State General Funds

($38,488)

($38,488)

($38,488)

52.100 -Non-Depository Financial Institution Supervision

Appropriation (HB 105)

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 enforcing applicable laws and regulations, and provide efficient and flexible application,

registrations, and notification procedures for non-depository financial institutions.

TOTAL STATE FUNDS

$1,872,524

$1,872,524

$1,872,524

State General Funds

$1,872,524

$1,872,524

$1,872,524

TOTAL PUBLIC FUNDS

$1,872,524

$1,872,524

$1,872,524

Section 15: Behavioral Health and Developmental Disabilities, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778

Section Total - Continuation $938,225,891 $927,970,753 $10,255,138 $143,796,869 $14,163,709 $24,477,192

$938,225,891 $927,970,753 $10,255,138 $143,796,869 $14,163,709 $24,477,192

$938,225,891 $927,970,753 $10,255,138 $143,796,869 $14,163,709 $24,477,192

FRIDAY, FEBRUARY 22, 2013

869

Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers
Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents
Royalties and Rents Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts Central State Hospital Food and Utility Sales
Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$46,889,589 $35,981,142 $11,568,720 $45,392,197
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $44,267,137 $44,267,137 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,132,419,448

$46,889,589 $35,981,142 $11,568,720 $45,392,197
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $44,267,137 $44,267,137 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,132,419,448

$46,889,589 $35,981,142 $11,568,720 $45,392,197
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $44,267,137 $44,267,137 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,132,419,448

Section Total - Final $908,661,420 $898,406,282 $10,255,138 $143,796,869 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $63,210,292 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $62,085,232 $62,085,232 $5,004,491

$908,661,420 $898,406,282 $10,255,138 $143,796,869 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $63,210,292
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $62,085,232 $62,085,232 $5,004,491

$908,423,920 $898,168,782 $10,255,138 $143,796,869 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $63,210,292
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $62,085,232 $62,085,232 $5,004,491

870

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts Central State Hospital Food and Utility Sales
Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010
TOTAL PUBLIC FUNDS

$4,956,393 $2,599,263 $2,357,130
$48,098 $48,098 $1,120,673,072

$4,956,393 $2,599,263 $2,357,130
$48,098 $48,098 $1,120,673,072

$4,956,393 $2,599,263 $2,357,130
$48,098 $48,098 $1,120,435,572

Adult Addictive Diseases Services

Continuation Budget

The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a

chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$45,076,146 $45,076,146 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903
$300 $300 $90,502,139

$45,076,146 $45,076,146 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903
$300 $300 $90,502,139

$45,076,146 $45,076,146 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903
$300 $300 $90,502,139

53.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$28,681

$28,681

$28,681

53.2 Reduce funds to reflect a one-time credit from the Employees' Retirement System. State General Funds

($78,275)

($78,275)

($78,275)

53.3 Transfer funds from the Adult Addictive Diseases Services program to the Adult Forensic Services program to align the budget with program expenditures.

State General Funds

($1,231,428) ($1,231,428) ($1,231,428)

53.100 -Adult Addictive Diseases Services

Appropriation (HB 105)

The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a

chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers.

FRIDAY, FEBRUARY 22, 2013

871

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$43,795,124 $43,795,124 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903
$300 $300 $89,221,117

$43,795,124 $43,795,124 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903
$300 $300 $89,221,117

$43,795,124 $43,795,124 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903
$300 $300 $89,221,117

Adult Developmental Disabilities Services

Continuation Budget

The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support

and respite, job readiness, training, and a crisis and access line.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509

$274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509

$274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509

54.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$443,177

54.2 Reduce funds to reflect a one-time credit from the Employees' Retirement System. State General Funds

($2,387,394)

54.3 Reduce funds to reflect the closing of the Adult Developmental Disabilities Unit at Central State Hospital.

State General Funds

($6,500,000)

$443,177 ($2,387,394) ($6,500,000)

$443,177 ($2,387,394) ($6,500,000)

872

JOURNAL OF THE HOUSE

54.4 Replace funds with Medicaid Upper Payment Limit and Cost Settlement Funds for hospitals.

State General Funds Sales and Services Not Itemized Total Public Funds:

($17,818,095) $17,818,095
$0

($17,818,095) $17,818,095
$0

($17,818,095) $17,818,095
$0

54.5 Transfer funds from the Direct Care and Support Services program to the Adult Developmental Disabilities Services program to align the budget with program expenditures.

State General Funds

$2,297,999

$2,297,999

$2,297,999

54.100 -Adult Developmental Disabilities Services

Appropriation (HB 105)

The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support

and respite, job readiness, training, and a crisis and access line.

TOTAL STATE FUNDS

$250,787,412 $250,787,412 $250,787,412

State General Funds

$240,532,274 $240,532,274 $240,532,274

Tobacco Settlement Funds

$10,255,138 $10,255,138 $10,255,138

TOTAL FEDERAL FUNDS

$37,922,210 $37,922,210 $37,922,210

Medical Assistance Program CFDA93.778

$11,778,039 $11,778,039 $11,778,039

FFIND Social Services Block Grant CFDA93.667

$26,144,171 $26,144,171 $26,144,171

TOTAL AGENCY FUNDS

$38,787,669 $38,787,669 $38,787,669

Sales and Services

$38,787,669 $38,787,669 $38,787,669

Sales and Services Not Itemized

$38,787,669 $38,787,669 $38,787,669

TOTAL PUBLIC FUNDS

$327,497,291 $327,497,291 $327,497,291

Adult Forensic Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$68,388,654 $68,388,654
$26,500 $26,500 $26,500 $68,415,154

$68,388,654 $68,388,654
$26,500 $26,500 $26,500 $68,415,154

$68,388,654 $68,388,654
$26,500 $26,500 $26,500 $68,415,154

55.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$12,460

$12,460

$12,460

55.2 Transfer funds from the Adult Addictive Diseases Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to the Adult Forensic Services program to align the budget with program expenditures.

State General Funds

$2,334,600

$2,334,600

$2,334,600

FRIDAY, FEBRUARY 22, 2013

873

55.3 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program for CRIPA treatment mall activities.

State General Funds

$2,687,881

$2,687,881

$2,687,881

55.4 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program to align the budget with program expenditures.

State General Funds

$4,853,320

$4,853,320

$4,853,320

55.5 Reduce funds for forensic evaluators to reflect actual start date. State General Funds

($237,500)

55.100 -Adult Forensic Services

Appropriation (HB 105)

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 STATE FUNDS

$78,276,915 $78,276,915 $78,039,415

State General Funds

$78,276,915 $78,276,915 $78,039,415

TOTAL AGENCY FUNDS

$26,500

$26,500

$26,500

Sales and Services

$26,500

$26,500

$26,500

Sales and Services Not Itemized

$26,500

$26,500

$26,500

TOTAL PUBLIC FUNDS

$78,303,415 $78,303,415 $78,065,915

Adult Mental Health Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$279,744,235 $279,744,235 $16,747,136
$6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728

$279,744,235 $279,744,235 $16,747,136
$6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728

$279,744,235 $279,744,235 $16,747,136
$6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728

56.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
56.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$94,040 ($30,765)

$94,040 ($30,765)

$94,040 ($30,765)

874

JOURNAL OF THE HOUSE

56.3 Reduce funds to reflect a one-time credit from the Employee's Retirement System. State General Funds

($1,448,091) ($1,448,091) ($1,448,091)

56.4 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program for CRIPA treatment mall activities.

State General Funds

$2,143,824

$2,143,824

$2,143,824

56.5 Transfer funds from the Adult Mental Health Services program to the Adult Forensic Services program to align the budget with program expenditures.

State General Funds

($1,103,172) ($1,103,172) ($1,103,172)

56.6 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program to align the budget with program expenditures.

State General Funds

$2,072,629

$2,072,629

$2,072,629

56.100 -Adult Mental Health Services

Appropriation (HB 105)

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 STATE FUNDS

$281,472,700 $281,472,700 $281,472,700

State General Funds

$281,472,700 $281,472,700 $281,472,700

TOTAL FEDERAL FUNDS

$16,747,136 $16,747,136 $16,747,136

Community Mental Health Services Block Grant CFDA93.958

$6,726,178

$6,726,178

$6,726,178

Medical Assistance Program CFDA93.778

$1,982,065

$1,982,065

$1,982,065

TOTAL AGENCY FUNDS

$2,303,357

$2,303,357

$2,303,357

Sales and Services

$2,303,357

$2,303,357

$2,303,357

Sales and Services Not Itemized

$2,303,357

$2,303,357

$2,303,357

TOTAL PUBLIC FUNDS

$300,523,193 $300,523,193 $300,523,193

Adult Nursing Home Services

Continuation Budget

The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698

$4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698

$4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698

57.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$5,163

$5,163

$5,163

FRIDAY, FEBRUARY 22, 2013

875

57.2 Transfer funds from the Direct Care and Support Services program to the Adult Nursing Home Services program to align the budget with program expenditures.

State General Funds

$3,263,083

$3,263,083

$3,263,083

57.100 -Adult Nursing Home Services

Appropriation (HB 105)

The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities.

TOTAL STATE FUNDS

$8,151,875

$8,151,875

$8,151,875

State General Funds

$8,151,875

$8,151,875

$8,151,875

TOTAL AGENCY FUNDS

$6,330,069

$6,330,069

$6,330,069

Sales and Services

$6,330,069

$6,330,069

$6,330,069

Sales and Services Not Itemized

$6,330,069

$6,330,069

$6,330,069

TOTAL PUBLIC FUNDS

$14,481,944 $14,481,944 $14,481,944

Child and Adolescent Addictive Diseases Services

Continuation Budget

The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to

productive living.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS

$3,273,354 $3,273,354 $6,154,800
$226,000 $5,928,800 $9,428,154

$3,273,354 $3,273,354 $6,154,800
$226,000 $5,928,800 $9,428,154

$3,273,354 $3,273,354 $6,154,800
$226,000 $5,928,800 $9,428,154

58.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$4,515

$4,515

$4,515

58.100 -Child and Adolescent Addictive Diseases Services

Appropriation (HB 105)

The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to

productive living.

TOTAL STATE FUNDS

$3,277,869

$3,277,869

$3,277,869

State General Funds

$3,277,869

$3,277,869

$3,277,869

TOTAL FEDERAL FUNDS

$6,154,800

$6,154,800

$6,154,800

Medical Assistance Program CFDA93.778

$226,000

$226,000

$226,000

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$5,928,800

$5,928,800

$5,928,800

TOTAL PUBLIC FUNDS

$9,432,669

$9,432,669

$9,432,669

876

JOURNAL OF THE HOUSE

Child and Adolescent Developmental Disabilities

Continuation Budget

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents

with developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608

$8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608

$8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608

59.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$14,668

$14,668

$14,668

59.100 -Child and Adolescent Developmental Disabilities

Appropriation (HB 105)

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents

with developmental disabilities.

TOTAL STATE FUNDS

$8,360,584

$8,360,584

$8,360,584

State General Funds

$8,360,584

$8,360,584

$8,360,584

TOTAL FEDERAL FUNDS

$3,148,692

$3,148,692

$3,148,692

Medical Assistance Program CFDA93.778

$3,148,692

$3,148,692

$3,148,692

TOTAL PUBLIC FUNDS

$11,509,276 $11,509,276 $11,509,276

Child and Adolescent Forensic Services

Continuation Budget

The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal

justice or corrections system.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,301,930 $3,301,930 $3,301,930

$3,301,930 $3,301,930 $3,301,930

$3,301,930 $3,301,930 $3,301,930

60.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$11,799

$11,799

$11,799

60.2 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center.

State General Funds

$1,800,000

$1,800,000

$1,800,000

FRIDAY, FEBRUARY 22, 2013

877

60.100 -Child and Adolescent Forensic Services

Appropriation (HB 105)

The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal

justice or corrections system.

TOTAL STATE FUNDS

$5,113,729

$5,113,729

$5,113,729

State General Funds

$5,113,729

$5,113,729

$5,113,729

TOTAL PUBLIC FUNDS

$5,113,729

$5,113,729

$5,113,729

Child and Adolescent Mental Health Services

Continuation Budget

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010
TOTAL PUBLIC FUNDS

$75,502,819 $75,502,819 $10,201,314
$7,437,531 $2,763,783
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914

$75,502,819 $75,502,819 $10,201,314
$7,437,531 $2,763,783
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914

$75,502,819 $75,502,819 $10,201,314
$7,437,531 $2,763,783
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914

61.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$28,050

$28,050

$28,050

61.2 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center.

State General Funds

($1,800,000) ($1,800,000) ($1,800,000)

61.100 -Child and Adolescent Mental Health Services

Appropriation (HB 105)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

TOTAL STATE FUNDS

$73,730,869 $73,730,869 $73,730,869

State General Funds

$73,730,869 $73,730,869 $73,730,869

TOTAL FEDERAL FUNDS

$10,201,314 $10,201,314 $10,201,314

Community Mental Health Services Block Grant CFDA93.958

$7,437,531

$7,437,531

$7,437,531

Medical Assistance Program CFDA93.778

$2,763,783

$2,763,783

$2,763,783

TOTAL AGENCY FUNDS

$85,000

$85,000

$85,000

878

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010
TOTAL PUBLIC FUNDS

$85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $86,601,964

$85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $86,601,964

$85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $86,601,964

Departmental Administration-Behavioral Health

Continuation Budget

The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the

department.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$36,672,440 $36,672,440 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,410,157

$36,672,440 $36,672,440 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,410,157

$36,672,440 $36,672,440 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,410,157

62.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$307,396

$307,396

$307,396

62.100 -Departmental Administration-Behavioral Health

Appropriation (HB 105)

The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the

department.

TOTAL STATE FUNDS

$36,979,836 $36,979,836 $36,979,836

State General Funds

$36,979,836 $36,979,836 $36,979,836

TOTAL FEDERAL FUNDS

$11,715,584 $11,715,584 $11,715,584

Medical Assistance Program CFDA93.778

$4,378,613

$4,378,613

$4,378,613

FFIND Social Services Block Grant CFDA93.667

$7,336,971

$7,336,971

$7,336,971

TOTAL AGENCY FUNDS

$22,133

$22,133

$22,133

Rebates, Refunds, and Reimbursements

$22,133

$22,133

$22,133

Rebates, Refunds, and Reimbursements Not Itemized

$22,133

$22,133

$22,133

TOTAL PUBLIC FUNDS

$48,717,553 $48,717,553 $48,717,553

FRIDAY, FEBRUARY 22, 2013

879

Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Central State Hospital Food and Utility Sales
TOTAL PUBLIC FUNDS

Continuation Budget

$137,351,122 $137,351,122 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $154,991,193

$137,351,122 $137,351,122 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $154,991,193

$137,351,122 $137,351,122 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $154,991,193

63.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,521,481

$1,521,481

$1,521,481

63.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($260,538)

($260,538)

($260,538)

63.3 Reduce funds for personnel. State General Funds

($2,000,000) ($2,000,000) ($2,000,000)

63.4 Reduce funds for contracts. State General Funds

($1,500,000) ($1,500,000) ($1,500,000)

63.5 Transfer funds from the Direct Care and Support Services program to the Adult Developmental Disabilities Services program ($2,297,999), Adult Forensic Services program ($4,853,320), Adult Mental Health Services program ($2,072,629), and the Adult Nursing Home Services program ($3,263,083) to align the budget with program expenditures.

State General Funds

($12,487,031) ($12,487,031) ($12,487,031)

63.6 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program ($2,687,881) and the Adult Mental Health Services program ($2,143,824) for CRIPA treatment mall activities.

State General Funds

($4,831,705) ($4,831,705) ($4,831,705)

63.100 -Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. TOTAL STATE FUNDS
State General Funds

Appropriation (HB 105)
$117,793,329 $117,793,329 $117,793,329 $117,793,329 $117,793,329 $117,793,329

880

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Central State Hospital Food and Utility Sales
TOTAL PUBLIC FUNDS

$15,220,361 $668,024 $668,024
$14,552,337 $14,552,337
$2,419,710 $2,419,710
$62,580 $2,357,130 $135,433,400

$15,220,361 $668,024 $668,024
$14,552,337 $14,552,337
$2,419,710 $2,419,710
$62,580 $2,357,130 $135,433,400

$15,220,361 $668,024 $668,024
$14,552,337 $14,552,337
$2,419,710 $2,419,710
$62,580 $2,357,130 $135,433,400

Substance Abuse Prevention

Continuation Budget

The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse

of alcohol, tobacco and drugs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS

$233,007 $233,007 $10,238,719 $10,238,719 $10,471,726

$233,007 $233,007 $10,238,719 $10,238,719 $10,471,726

$233,007 $233,007 $10,238,719 $10,238,719 $10,471,726

64.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$283

$283

$283

64.100 -Substance Abuse Prevention

Appropriation (HB 105)

The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse

of alcohol, tobacco and drugs.

TOTAL STATE FUNDS

$233,290

$233,290

$233,290

State General Funds

$233,290

$233,290

$233,290

TOTAL FEDERAL FUNDS

$10,238,719 $10,238,719 $10,238,719

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$10,238,719 $10,238,719 $10,238,719

TOTAL PUBLIC FUNDS

$10,472,009 $10,472,009 $10,472,009

Developmental Disabilities, Georgia Council on

Continuation Budget

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS State General Funds

$44,635 $44,635

$44,635 $44,635

$44,635 $44,635

FRIDAY, FEBRUARY 22, 2013

881

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$2,677,624 $2,722,259

$2,677,624 $2,722,259

$2,677,624 $2,722,259

65.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
65.2 Reduce funds for operations. State General Funds

$2,976 ($1,339)

$2,976 ($1,339)

$2,976 ($1,339)

65.100 -Developmental Disabilities, Georgia Council on

Appropriation (HB 105)

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$46,272

$46,272

$46,272

State General Funds

$46,272

$46,272

$46,272

TOTAL FEDERAL FUNDS

$2,677,624

$2,677,624

$2,677,624

TOTAL PUBLIC FUNDS

$2,723,896

$2,723,896

$2,723,896

Sexual Offender Review Board

Continuation Budget

The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$656,279 $656,279 $656,279

$656,279 $656,279 $656,279

$656,279 $656,279 $656,279

66.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
66.2 Reduce funds for operations. State General Funds

$5,025 ($19,688)

$5,025 ($19,688)

$5,025 ($19,688)

66.100 -Sexual Offender Review Board

Appropriation (HB 105)

The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending.

TOTAL STATE FUNDS

$641,616

$641,616

$641,616

State General Funds

$641,616

$641,616

$641,616

TOTAL PUBLIC FUNDS

$641,616

$641,616

$641,616

Section 16: Community Affairs, Department of
TOTAL STATE FUNDS State General Funds

Section Total - Continuation $138,921,611 $138,921,611 $138,921,611 $138,921,611

$138,921,611 $138,921,611

882

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$172,892,464 $13,100,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $324,994,944

$172,892,464 $13,100,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $324,994,944

$172,892,464 $13,100,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $324,994,944

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $39,268,687 $39,268,687 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $225,342,020

$38,618,687 $38,618,687 $172,892,464 $13,398,978
$344,319 $344,319 $11,163,006 $11,163,006 $1,891,653 $1,891,653 $80,386 $44,070 $44,070 $36,316 $36,316 $224,990,515

$35,268,687 $35,268,687 $172,892,464 $13,398,978
$344,319 $344,319 $11,163,006 $11,163,006 $1,891,653 $1,891,653 $80,386 $44,070 $44,070 $36,316 $36,316 $221,640,515

Building Construction

Continuation Budget

The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory

built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes;

and to provide professional training to building inspectors and builders on Georgia's construction codes.

TOTAL STATE FUNDS State General Funds

$229,373 $229,373

$229,373 $229,373

$229,373 $229,373

FRIDAY, FEBRUARY 22, 2013

883

TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$75,116 $257,804 $257,804 $257,804 $562,293

$75,116 $257,804 $257,804 $257,804 $562,293

$75,116 $257,804 $257,804 $257,804 $562,293

67.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($3,234)

($3,234)

($3,234)

67.100 -Building Construction

Appropriation (HB 105)

The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory

built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes;

and to provide professional training to building inspectors and builders on Georgia's construction codes.

TOTAL STATE FUNDS

$226,139

$226,139

$226,139

State General Funds

$226,139

$226,139

$226,139

TOTAL FEDERAL FUNDS

$75,116

$75,116

$75,116

TOTAL AGENCY FUNDS

$257,804

$257,804

$257,804

Sales and Services

$257,804

$257,804

$257,804

Sales and Services Not Itemized

$257,804

$257,804

$257,804

TOTAL PUBLIC FUNDS

$559,059

$559,059

$559,059

Coordinated Planning

Continuation Budget

The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing

standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments

in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and

resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census

Bureau.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,023,494 $4,023,494
$126,906 $126,906 $126,906 $4,150,400

$4,023,494 $4,023,494
$126,906 $126,906 $126,906 $4,150,400

$4,023,494 $4,023,494
$126,906 $126,906 $126,906 $4,150,400

68.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($12,935)

($12,935)

($12,935)

884

JOURNAL OF THE HOUSE

68.2 Reduce funds for the Keep Georgia Beautiful Foundation contract and replace with other funds.

State General Funds

($61,114)

68.3 Reduce funds for personnel for four filled positions. State General Funds

($190,301)

($61,114) ($190,301)

($61,114) ($190,301)

68.100 -Coordinated Planning

Appropriation (HB 105)

The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing

standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments

in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and

resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census

Bureau.

TOTAL STATE FUNDS

$3,759,144

$3,759,144

$3,759,144

State General Funds

$3,759,144

$3,759,144

$3,759,144

TOTAL AGENCY FUNDS

$126,906

$126,906

$126,906

Sales and Services

$126,906

$126,906

$126,906

Sales and Services Not Itemized

$126,906

$126,906

$126,906

TOTAL PUBLIC FUNDS

$3,886,050

$3,886,050

$3,886,050

Departmental Administration The purpose of this appropriation is to provide administrative support for all programs of the department.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,094,847 $1,094,847 $3,216,000 $2,214,775
$44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219
$9,906 $9,906 $9,906 $6,535,528

$1,094,847 $1,094,847 $3,216,000 $2,214,775
$44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219
$9,906 $9,906 $9,906 $6,535,528

$1,094,847 $1,094,847 $3,216,000 $2,214,775
$44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219
$9,906 $9,906 $9,906 $6,535,528

69.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($13,744)

($13,744)

($13,744)

FRIDAY, FEBRUARY 22, 2013

885

69.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($277)

($277)

($277)

69.100 -Departmental Administration

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$1,080,826

State General Funds

$1,080,826

TOTAL FEDERAL FUNDS

$3,216,000

TOTAL AGENCY FUNDS

$2,214,775

Reserved Fund Balances

$44,319

Reserved Fund Balances Not Itemized

$44,319

Intergovernmental Transfers

$1,900,237

Intergovernmental Transfers Not Itemized

$1,900,237

Sales and Services

$270,219

Sales and Services Not Itemized

$270,219

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$9,906

Agency Funds Transfers

$9,906

Agency Fund Transfers Not Itemized

$9,906

TOTAL PUBLIC FUNDS

$6,521,507

Appropriation (HB 105)

$1,080,826 $1,080,826 $3,216,000 $2,214,775
$44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219
$9,906 $9,906 $9,906 $6,521,507

$1,080,826 $1,080,826 $3,216,000 $2,214,775
$44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219
$9,906 $9,906 $9,906 $6,521,507

Federal Community and Economic Development Programs

Continuation Budget

The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among

local governments, development authorities, and private entities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,525,558 $1,525,558 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801

$1,525,558 $1,525,558 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801

$1,525,558 $1,525,558 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801

70.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($18,593)

($18,593)

($18,593)

886

JOURNAL OF THE HOUSE

70.100 -Federal Community and Economic Development Programs

Appropriation (HB 105)

The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among

local governments, development authorities, and private entities.

TOTAL STATE FUNDS

$1,506,965

$1,506,965

$1,506,965

State General Funds

$1,506,965

$1,506,965

$1,506,965

TOTAL FEDERAL FUNDS

$52,272,828 $52,272,828 $52,272,828

TOTAL AGENCY FUNDS

$295,415

$295,415

$295,415

Intergovernmental Transfers

$275,415

$275,415

$275,415

Intergovernmental Transfers Not Itemized

$275,415

$275,415

$275,415

Sales and Services

$20,000

$20,000

$20,000

Sales and Services Not Itemized

$20,000

$20,000

$20,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$10,000

$10,000

$10,000

Agency Funds Transfers

$10,000

$10,000

$10,000

Agency Fund Transfers Not Itemized

$10,000

$10,000

$10,000

TOTAL PUBLIC FUNDS

$54,085,208 $54,085,208 $54,085,208

Homeownership Programs

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652

$0 $0 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652

$0 $0 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652

71.100 -Homeownership Programs

Appropriation (HB 105)

The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote

homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down

payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a

partnership with private providers.

TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers

$474,298 $4,773,354 $4,773,354

$474,298 $4,773,354 $4,773,354

$474,298 $4,773,354 $4,773,354

FRIDAY, FEBRUARY 22, 2013

887

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$4,773,354 $5,247,652

$4,773,354 $5,247,652

$4,773,354 $5,247,652

Regional Services

Continuation Budget

The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to

provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and

services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,101,054 $1,101,054
$108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704

$1,101,054 $1,101,054
$108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704

$1,101,054 $1,101,054
$108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704

72.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
72.2 Reduce funds for personnel for one filled regional director position. State General Funds

($14,552) ($77,841)

($14,552) ($77,841)

($14,552) ($77,841)

72.100 -Regional Services

Appropriation (HB 105)

The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to

provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and

services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

TOTAL STATE FUNDS

$1,008,661

$1,008,661

$1,008,661

State General Funds

$1,008,661

$1,008,661

$1,008,661

TOTAL FEDERAL FUNDS

$108,000

$108,000

$108,000

TOTAL AGENCY FUNDS

$188,650

$188,650

$188,650

Intergovernmental Transfers

$175,000

$175,000

$175,000

Intergovernmental Transfers Not Itemized

$175,000

$175,000

$175,000

Sales and Services

$13,650

$13,650

$13,650

Sales and Services Not Itemized

$13,650

$13,650

$13,650

TOTAL PUBLIC FUNDS

$1,305,311

$1,305,311

$1,305,311

888

JOURNAL OF THE HOUSE

Rental Housing Programs

Continuation Budget

The purpose of this appropriation is to provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state

housing tax credits on a competitive basis, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by

providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental

market.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343

$0 $0 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343

$0 $0 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343

73.100 -Rental Housing Programs

Appropriation (HB 105)

The purpose of this appropriation is to provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state

housing tax credits on a competitive basis, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by

providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental

market.

TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992
$118,940,343

$114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992
$118,940,343

$114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992
$118,940,343

Research and Surveys

Continuation Budget

The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with

Georgia law.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$373,968 $373,968 $373,968

$373,968 $373,968 $373,968

$373,968 $373,968 $373,968

74.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($4,224)

($4,224)

($4,224)

FRIDAY, FEBRUARY 22, 2013

889

74.100 -Research and Surveys

Appropriation (HB 105)

The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with

Georgia law.

TOTAL STATE FUNDS

$369,744

$369,744

$369,744

State General Funds

$369,744

$369,744

$369,744

TOTAL PUBLIC FUNDS

$369,744

$369,744

$369,744

Special Housing Initiatives

Continuation Budget

The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer

loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an

affordable housing plan; and to provide for other special housing initiatives.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$2,962,892 $2,962,892 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057

$2,962,892 $2,962,892 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057

$2,962,892 $2,962,892 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057

75.100 -Special Housing Initiatives

Appropriation (HB 105)

The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer

loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an

affordable housing plan; and to provide for other special housing initiatives.

TOTAL STATE FUNDS

$2,962,892

$2,962,892

$2,962,892

State General Funds

$2,962,892

$2,962,892

$2,962,892

TOTAL FEDERAL FUNDS

$1,702,960

$1,702,960

$1,702,960

TOTAL AGENCY FUNDS

$776,725

$776,725

$776,725

Reserved Fund Balances

$300,000

$300,000

$300,000

Reserved Fund Balances Not Itemized

$300,000

$300,000

$300,000

Intergovernmental Transfers

$476,725

$476,725

$476,725

Intergovernmental Transfers Not Itemized

$476,725

$476,725

$476,725

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$60,480

$60,480

$60,480

890

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$44,070 $44,070 $16,410 $16,410 $5,503,057

$44,070 $44,070 $16,410 $16,410 $5,503,057

$44,070 $44,070 $16,410 $16,410 $5,503,057

State Community Development Programs

Continuation Budget

The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to

champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$867,579 $867,579 $55,284 $55,284 $55,284 $922,863

$867,579 $867,579 $55,284 $55,284 $55,284 $922,863

$867,579 $867,579 $55,284 $55,284 $55,284 $922,863

76.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
76.2 Reduce funds for personnel for one filled office director position. State General Funds

($11,944) ($100,836)

($11,944) ($100,836)

($11,944) ($100,836)

76.100 -State Community Development Programs

Appropriation (HB 105)

The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to

champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$754,799

$754,799

$754,799

State General Funds

$754,799

$754,799

$754,799

TOTAL AGENCY FUNDS

$55,284

$55,284

$55,284

Intergovernmental Transfers

$55,284

$55,284

$55,284

Intergovernmental Transfers Not Itemized

$55,284

$55,284

$55,284

TOTAL PUBLIC FUNDS

$810,083

$810,083

$810,083

State Economic Development Program

Continuation Budget

The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and

promote economic development and job creation.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$78,596,831 $78,596,831
$95,000

$78,596,831 $78,596,831
$95,000

$78,596,831 $78,596,831
$95,000

FRIDAY, FEBRUARY 22, 2013

891

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418

$240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418

$240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418

77.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 77.2 Reduce funds for Regional Economic Business Assistance (REBA) grants. State General Funds
77.3 Reduce funds for Regional Economic Business Assistance (REBA) grants. State General Funds

($1,618)

($1,618)

($1,618)

($63,763,072) ($63,763,072) ($63,763,072)

($650,000) ($2,000,000)

77.100 -State Economic Development Program

Appropriation (HB 105)

The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and

promote economic development and job creation.

TOTAL STATE FUNDS

$14,832,141 $14,182,141 $12,832,141

State General Funds

$14,832,141 $14,182,141 $12,832,141

TOTAL FEDERAL FUNDS

$95,000

$95,000

$95,000

TOTAL AGENCY FUNDS

$240,587

$240,587

$240,587

Intergovernmental Transfers

$171,000

$171,000

$171,000

Intergovernmental Transfers Not Itemized

$171,000

$171,000

$171,000

Sales and Services

$69,587

$69,587

$69,587

Sales and Services Not Itemized

$69,587

$69,587

$69,587

TOTAL PUBLIC FUNDS

$15,167,728 $14,517,728 $13,167,728

Payments to Georgia Environmental Finance Authority

Continuation Budget

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$298,495 $298,495 $298,495

$298,495 $298,495 $298,495

$298,495 $298,495 $298,495

892

JOURNAL OF THE HOUSE

78.1 Eliminate funds for the Georgia Rural Water Association contract. (H and S:Utilize other funds for the Georgia Rural Water Association)

State General Funds Sales and Services Not Itemized Total Public Funds:

($298,495) ($298,495)

($298,495) $298,495
$0

($298,495) $298,495
$0

78.100 -Payments to Georgia Environmental Finance Authority

Appropriation (HB 105)

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$298,495

$298,495

$298,495

$298,495

$298,495

$298,495

$0

$298,495

$298,495

Payments to Georgia Regional Transportation Authority

Continuation Budget

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting

transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,041,478 $3,041,478 $3,041,478

$3,041,478 $3,041,478 $3,041,478

$3,041,478 $3,041,478 $3,041,478

79.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$33,692

$33,692

$33,692

79.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($409)

($409)

($409)

79.3 Reduce funds for personnel for one filled position. State General Funds

($91,245)

($91,245)

($91,245)

79.4 Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds.

State General Funds

$567,958

$567,958

$567,958

79.100 -Payments to Georgia Regional Transportation Authority

Appropriation (HB 105)

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting

transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

TOTAL STATE FUNDS

$3,551,474

$3,551,474

$3,551,474

State General Funds

$3,551,474

$3,551,474

$3,551,474

TOTAL PUBLIC FUNDS

$3,551,474

$3,551,474

$3,551,474

FRIDAY, FEBRUARY 22, 2013

893

Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Continuation Budget

$44,806,042 $44,806,042
$178,902 $178,902 $178,902 $44,984,944

$44,806,042 $44,806,042
$178,902 $178,902 $178,902 $44,984,944

$44,806,042 $44,806,042
$178,902 $178,902 $178,902 $44,984,944

80.1 Reduce funds for rural economic development. State General Funds

($35,590,140) ($35,590,140) ($37,590,140)

80.100 -Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS
State General Funds TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$9,215,902 $9,215,902
$178,902 $178,902 $178,902 $9,394,804

Appropriation (HB 105)

$9,215,902 $9,215,902
$178,902 $178,902 $178,902 $9,394,804

$7,215,902 $7,215,902
$178,902 $178,902 $178,902 $7,394,804

Section 17: Community Health, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized

Section Total - Continuation

$2,711,373,577 $2,711,373,577

$2,208,433,332 $2,208,433,332

$110,193,257 $110,193,257

$157,444,961 $157,444,961

$235,302,027 $235,302,027

$5,725,589,221 $5,725,589,221

$5,420,841,952 $5,420,841,952

$273,383,425 $273,383,425

$245,651,179 $245,651,179

$17,475,617 $17,475,617

$17,475,617 $17,475,617

$214,057,828 $214,057,828

$214,057,828 $214,057,828

$242,519

$242,519

$242,519

$242,519

$2,711,373,577 $2,208,433,332
$110,193,257 $157,444,961 $235,302,027 $5,725,589,221 $5,420,841,952 $273,383,425 $245,651,179 $17,475,617 $17,475,617 $214,057,828 $214,057,828
$242,519 $242,519

894

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$11,475,215 $11,475,215 $11,475,215

$11,475,215 $11,475,215 $11,475,215

$3,289,694,412 $3,289,694,412 $3,289,694,412

$3,289,694,412 $3,289,694,412 $3,289,694,412

$3,008,837,150 $3,008,837,150 $3,008,837,150

$280,857,262 $280,857,262 $280,857,262

$11,972,308,389 $11,972,308,389 $11,972,308,389

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

Section Total - Final

$2,938,715,412 $2,941,023,322 $2,938,565,839

$2,417,497,276 $2,419,805,186 $2,417,347,703

$118,493,257 $118,493,257 $118,493,257

$167,756,401 $167,756,401 $167,756,401

$234,968,478 $234,968,478 $234,968,478

$6,159,805,467 $6,175,818,446 $6,177,503,283

$5,829,358,146 $5,811,005,904 $5,812,710,286

$299,185,777 $333,550,998 $333,531,453

$245,981,179 $245,981,179 $272,796,900

$17,475,617 $17,475,617 $44,291,338

$17,475,617 $17,475,617 $44,291,338

$214,057,828 $214,057,828 $214,057,828

$214,057,828 $214,057,828 $214,057,828

$572,519

$572,519

$572,519

$572,519

$572,519

$572,519

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$11,475,215 $11,475,215 $11,475,215

$11,475,215 $11,475,215 $11,475,215

$3,370,976,690 $3,370,976,690 $3,370,976,690

$3,370,976,690 $3,370,976,690 $3,370,976,690

$3,090,119,428 $3,090,119,428 $3,090,119,428

$280,857,262 $280,857,262 $280,857,262

$12,715,478,748 $12,733,799,637 $12,759,842,712

Departmental Administration and Program Support The purpose of this appropriation is to provide administrative support to all departmental programs.

Continuation Budget

FRIDAY, FEBRUARY 22, 2013

895

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$67,136,937 $67,136,937 $257,478,252 $232,518,668 $23,036,955
$2,854,039 $242,519 $242,519
$2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419

$67,136,937 $67,136,937 $257,478,252 $232,518,668 $23,036,955
$2,854,039 $242,519 $242,519
$2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419

$67,136,937 $67,136,937 $257,478,252 $232,518,668 $23,036,955
$2,854,039 $242,519 $242,519
$2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419

81.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$220,061

81.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($560)

81.3 Reduce funds for contracts.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,215,451) ($1,215,451) ($2,430,902)

81.4 Reduce funds for operations.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($286,698) ($286,698) ($573,396)

81.5 Reduce funds to reflect reimbursements from the sale of bonds for the Medicaid eligibility project.

State General Funds

($100,200)

81.6 Replace funds to reflect the Children's Health Insurance Program (CHIPRA) bonus.
State General Funds Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds:

($330,000) $330,000
$0

$220,061
($560)
($1,215,451) ($1,215,451) ($2,430,902)
($286,698) ($286,698) ($573,396)
($100,200)
($330,000) $330,000
$0

$220,061
($560)
($1,215,451) ($1,215,451) ($2,430,902)
($286,698) ($286,698) ($573,396)
($100,200)
($330,000) $330,000
$0

896

JOURNAL OF THE HOUSE

81.7 Increase funds for expenditures deferred from prior years. (S:Increase funds for priority information technology projects and Administrative Claiming for Education (ACE) expenses)

State General Funds

$9,775,213

$9,775,213

$6,661,647

81.8 Reflect prior year fund balances as itemized in the FY2012 audited Budgetary Compliance Report and transfer savings to the new "Surplus to the Revenue Shortfall Reserve" program.

State General Funds Reserved Fund Balances Not Itemized Total Public Funds:

($23,177,802) $23,177,802
$0

81.100 -Departmental Administration and Program Support

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$75,199,302

State General Funds

$75,199,302

TOTAL FEDERAL FUNDS

$255,976,103

Medical Assistance Program CFDA93.778

$231,016,519

State Children's Insurance Program CFDA93.767

$23,036,955

TOTAL AGENCY FUNDS

$3,184,039

Reserved Fund Balances

Reserved Fund Balances Not Itemized

Rebates, Refunds, and Reimbursements

$572,519

Rebates, Refunds, and Reimbursements Not Itemized

$572,519

Sanctions, Fines, and Penalties

$2,611,520

Sanctions, Fines, and Penalties Not Itemized

$2,611,520

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,102,191

State Funds Transfers

$21,102,191

Health Insurance Payments

$21,102,191

TOTAL PUBLIC FUNDS

$355,461,635

Appropriation (HB 105)

$75,199,302 $75,199,302 $255,976,103 $231,016,519 $23,036,955
$3,184,039
$572,519 $572,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $355,461,635

$48,907,934 $48,907,934 $255,976,103 $231,016,519 $23,036,955 $26,361,841 $23,177,802 $23,177,802
$572,519 $572,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $352,348,069

Health Care Access and Improvement

Continuation Budget

The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and

underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health

Information Technology and Transparency.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$7,317,234 $7,317,234 $21,548,346
$416,250 $28,865,580

$7,317,234 $7,317,234 $21,548,346
$416,250 $28,865,580

$7,317,234 $7,317,234 $21,548,346
$416,250 $28,865,580

FRIDAY, FEBRUARY 22, 2013

897

82.1 Reduce funds for operations for the State Office of Rural Health. State General Funds
82.2 Reduce funds for the Southeastern Firefighters Burn Foundation. State General Funds

($300,000) ($50,000)

($300,000) ($50,000)

($300,000) ($50,000)

82.100 -Health Care Access and Improvement

Appropriation (HB 105)

The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and

underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health

Information Technology and Transparency.

TOTAL STATE FUNDS

$6,967,234

$6,967,234

$6,967,234

State General Funds

$6,967,234

$6,967,234

$6,967,234

TOTAL FEDERAL FUNDS

$21,548,346 $21,548,346 $21,548,346

Medical Assistance Program CFDA93.778

$416,250

$416,250

$416,250

TOTAL PUBLIC FUNDS

$28,515,580 $28,515,580 $28,515,580

Healthcare Facility Regulation The purpose of this appropriation is to inspect and license long term care and health care facilities.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,124,146 $7,124,146 $8,461,900 $2,939,995
$100,000 $100,000 $100,000 $15,686,046

$7,124,146 $7,124,146 $8,461,900 $2,939,995
$100,000 $100,000 $100,000 $15,686,046

$7,124,146 $7,124,146 $8,461,900 $2,939,995
$100,000 $100,000 $100,000 $15,686,046

83.1 Reduce funds for personnel and eliminate two vacant positions.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($165,000) ($62,700)
($227,700)

($165,000) ($62,700)
($227,700)

($165,000) ($62,700)
($227,700)

83.100 -Healthcare Facility Regulation The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS
State General Funds TOTAL FEDERAL FUNDS
Medical Assistance Program CFDA93.778

$6,959,146 $6,959,146 $8,296,900 $2,877,295

Appropriation (HB 105)

$6,959,146 $6,959,146 $8,296,900 $2,877,295

$6,959,146 $6,959,146 $8,296,900 $2,877,295

898

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$100,000 $100,000 $100,000 $15,356,046

$100,000 $100,000 $100,000 $15,356,046

$100,000 $100,000 $100,000 $15,356,046

Indigent Care Trust Fund

Continuation Budget

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

$0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

$0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

84.1 Increase funds for the state match for private deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. (H and S:Increase funds to provide state matching funds for private hospitals eligible for the Disproportionate Share Hospital (DSH) program)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$6,803,248 $13,300,912 $20,104,160

$17,270,374 $33,765,009 $51,035,383

$17,300,000 $33,822,931 $51,122,931

84.100 -Indigent Care Trust Fund

Appropriation (HB 105)

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL STATE FUNDS

$6,803,248 $17,270,374 $17,300,000

State General Funds

$6,803,248 $17,270,374 $17,300,000

TOTAL FEDERAL FUNDS

$270,376,881 $290,840,978 $290,898,900

Medical Assistance Program CFDA93.778

$270,376,881 $290,840,978 $290,898,900

TOTAL AGENCY FUNDS

$150,450,219 $150,450,219 $150,450,219

Intergovernmental Transfers

$139,386,524 $139,386,524 $139,386,524

Hospital Authorities

$139,386,524 $139,386,524 $139,386,524

Sales and Services

$2,200,000

$2,200,000

$2,200,000

Sales and Services Not Itemized

$2,200,000

$2,200,000

$2,200,000

Sanctions, Fines, and Penalties

$8,863,695

$8,863,695

$8,863,695

FRIDAY, FEBRUARY 22, 2013

899

Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$8,863,695

$8,863,695

$8,863,695

$427,630,348 $458,561,571 $458,649,119

Medicaid: Aged, Blind, and Disabled

Continuation Budget

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also hereby appropriated to the

Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of

chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS State General Funds Nursing Home Provider Fees Hospital Provider Fee
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$1,395,947,556 $1,213,014,554
$157,444,961 $25,488,041 $2,760,665,590 $2,757,878,376 $68,842,988
$6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766

$1,395,947,556 $1,213,014,554
$157,444,961 $25,488,041 $2,760,665,590 $2,757,878,376 $68,842,988
$6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766

$1,395,947,556 $1,213,014,554
$157,444,961 $25,488,041 $2,760,665,590 $2,757,878,376 $68,842,988
$6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766

85.1 Increase funds for projected growth.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$132,293,459 $253,514,237 $385,807,696

$132,293,459 $253,514,237 $385,807,696

$132,293,459 $253,514,237 $385,807,696

85.2 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($834,767) ($1,599,666) ($2,434,433)

($834,767) ($1,599,666) ($2,434,433)

($834,767) ($1,599,666) ($2,434,433)

85.3 Reduce funds to reflect savings through better enforcement of level-of-care qualification analysis for placement into long-term care and home and community-based services.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($3,535,038) ($6,774,201) ($10,309,239)

($3,535,038) ($6,774,201) ($10,309,239)

($3,535,038) ($6,774,201) ($10,309,239)

900

JOURNAL OF THE HOUSE

85.4 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($22,398) ($42,921) ($65,319)

($22,398) ($42,921) ($65,319)

($22,398) ($42,921) ($65,319)

85.5 Reduce funds to reflect the collection of Hospital Cost Settlements from FY2009, FY2010, and FY2011.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($11,486,052) ($22,010,745) ($33,496,797)

($11,486,052) ($22,010,745) ($33,496,797)

($11,486,052) ($22,010,745) ($33,496,797)

85.6 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($195,550) ($374,733) ($570,283)

($195,550) ($374,733) ($570,283)

($195,550) ($374,733) ($570,283)

85.7 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,777,175) ($3,405,605) ($5,182,780)

($1,777,175) ($3,405,605) ($5,182,780)

($1,777,175) ($3,405,605) ($5,182,780)

85.8 Increase funds reduced in HB742 (2012 Session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$3,938,398 $7,547,160 $11,485,558

$3,938,398 $7,547,160 $11,485,558

$3,938,398 $7,547,160 $11,485,558

85.9 Increase funds to reflect projected FY2013 nursing home provider fee revenue.
Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds:

$19,759,834 $10,311,440 $30,071,274

$19,759,834 $10,311,440 $30,071,274

$19,759,834 $10,311,440 $30,071,274

85.10 Reduce funds to reflect projected FY2013 hospital provider fee revenue.
Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds:

($69,236) ($36,130) ($105,366)

($69,236) ($36,130) ($105,366)

($69,236) ($36,130) ($105,366)

85.11 Reduce funds to reflect an unimplemented pharmacy reimbursement policy.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,200,000) ($2,299,563) ($3,499,563)

($1,200,000) ($2,299,563) ($3,499,563)

FRIDAY, FEBRUARY 22, 2013

901

85.12 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled to reflect updated Medicaid projections.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$85,443,030 $163,734,660 $249,177,690

$86,302,216 $165,381,120 $251,683,336

85.13 Reduce funds for unrealized prior year reserves to reflect the FY2012 audited Budgetary Compliance Report. Reserved Fund Balances Not Itemized

($6,500,000)

85.14 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low Income Medicaid and Medicaid: Aged, Blind and Disabled programs. (S:YES)

State General Funds

$0

85.100 -Medicaid: Aged, Blind, and Disabled

Appropriation (HB 105)

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also hereby appropriated to the

Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of

chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS

$1,524,603,743 $1,608,846,773 $1,609,705,959

State General Funds

$1,331,395,431 $1,415,638,461 $1,416,497,647

Nursing Home Provider Fees

$167,756,401 $167,756,401 $167,756,401

Hospital Provider Fee

$25,451,911 $25,451,911 $25,451,911

TOTAL FEDERAL FUNDS

$3,007,209,714 $3,168,644,811 $3,170,291,271

Medical Assistance Program CFDA93.778

$3,004,422,500 $3,165,857,597 $3,167,504,057

TOTAL AGENCY FUNDS

$68,842,988 $68,842,988 $62,342,988

Reserved Fund Balances

$6,500,000

$6,500,000

$0

Reserved Fund Balances Not Itemized

$6,500,000

$6,500,000

$0

Intergovernmental Transfers

$62,342,988 $62,342,988 $62,342,988

Hospital Authorities

$62,342,988 $62,342,988 $62,342,988

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$267,288,632 $267,288,632 $267,288,632

State Funds Transfers

$267,288,632 $267,288,632 $267,288,632

Optional Medicaid Services Payments

$267,288,632 $267,288,632 $267,288,632

TOTAL PUBLIC FUNDS

$4,867,945,077 $5,113,623,204 $5,109,628,850

Medicaid: Low-Income Medicaid The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

Continuation Budget

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Hospital Provider Fee
TOTAL FEDERAL FUNDS

$1,107,417,540 $789,037,546 $110,193,257 $208,186,737
$2,170,012,694

$1,107,417,540 $789,037,546 $110,193,257 $208,186,737
$2,170,012,694

$1,107,417,540 $789,037,546 $110,193,257 $208,186,737
$2,170,012,694

902

JOURNAL OF THE HOUSE

Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847
$3,314,151,014

$2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847
$3,314,151,014

$2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847
$3,314,151,014

86.1 Increase funds for projected growth.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$79,355,008 $152,068,170 $231,423,178

$79,355,008 $152,068,170 $231,423,178

$79,355,008 $152,068,170 $231,423,178

86.2 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($569,202) ($1,090,763) ($1,659,965)

($569,202) ($1,090,763) ($1,659,965)

($569,202) ($1,090,763) ($1,659,965)

86.3 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($15,272) ($29,266) ($44,538)

($15,272) ($29,266) ($44,538)

($15,272) ($29,266) ($44,538)

86.4 Reduce funds to reflect the collection of Hospital Cost Settlements from FY2009, FY2010, and FY2011.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($7,831,983) ($15,008,446) ($22,840,429)

($7,831,983) ($15,008,446) ($22,840,429)

($7,831,983) ($15,008,446) ($22,840,429)

86.5 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($133,340) ($255,519) ($388,859)

($133,340) ($255,519) ($388,859)

($133,340) ($255,519) ($388,859)

86.6 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,211,801) ($2,322,177) ($3,533,978)

($1,211,801) ($2,322,177) ($3,533,978)

($1,211,801) ($2,322,177) ($3,533,978)

FRIDAY, FEBRUARY 22, 2013

903

86.7 Replace funds.
State General Funds Tobacco Settlement Funds Total Public Funds:

($8,300,000) $8,300,000
$0

($8,300,000) $8,300,000
$0

($8,300,000) $8,300,000
$0

86.8 Increase funds to reflect unrealized FY2012 reserves.
State General Funds Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Total Public Funds:

$10,975,617 $21,032,598
$32,008,215

$10,975,617 $21,032,598
$32,008,215

$10,975,617 $21,032,598 ($10,975,617) $21,032,598

86.9 Reduce funds to reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,875,000) ($3,593,066) ($5,468,066)

($1,875,000) ($3,593,066) ($5,468,066)

($1,875,000) ($3,593,066) ($5,468,066)

86.10 Reduce funds to reflect projected FY2013 hospital provider fee revenue.
Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds:

($565,524) ($295,112) ($860,636)

($565,524) ($295,112) ($860,636)

($565,524) ($295,112) ($860,636)

86.11 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled and PeachCare to reflect updated Medicaid projections.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($96,295,205) ($96,295,205) ($184,530,706) ($184,530,706) ($280,825,911) ($280,825,911)

86.12 Reduce funds to reflect updated Medicaid projections.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($8,203,680) ($15,720,730) ($23,924,410)

($8,203,680) ($15,720,730) ($23,924,410)

86.13 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low Income Medicaid and Medicaid: Aged, Blind and Disabled programs. (S:YES)

State General Funds

$0

86.14 Reflect prior year fund balances as itemized in the FY2012 audited Budgetary Compliance Report and transfer savings to the new "Surplus to the Revenue Shortfall Reserve" program.

State General Funds Reserved Fund Balances Not Itemized Total Public Funds:

($21,113,536) $21,113,536
$0

904

JOURNAL OF THE HOUSE

86.100 -Medicaid: Low-Income Medicaid

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$1,185,816,455

State General Funds

$859,431,573

Tobacco Settlement Funds

$118,493,257

Hospital Provider Fee

$207,891,625

TOTAL FEDERAL FUNDS

$2,320,248,701

Medical Assistance Program CFDA93.778

$2,320,248,701

TOTAL AGENCY FUNDS

$23,303,933

Reserved Fund Balances

$10,975,617

Reserved Fund Balances Not Itemized

$10,975,617

Intergovernmental Transfers

$12,328,316

Hospital Authorities

$12,328,316

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$13,416,847

State Funds Transfers

$13,416,847

Optional Medicaid Services Payments

$13,416,847

TOTAL PUBLIC FUNDS

$3,542,785,936

Appropriation (HB 105)

$1,081,317,570 $754,932,688 $118,493,257 $207,891,625
$2,119,997,265 $2,119,997,265
$23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,238,035,615

$1,060,204,034 $733,819,152 $118,493,257 $207,891,625
$2,119,997,265 $2,119,997,265
$33,441,852 $21,113,536 $21,113,536 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,227,059,998

PeachCare The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

Continuation Budget

TOTAL STATE FUNDS State General Funds Hospital Provider Fee
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$79,578,343 $77,951,094
$1,627,249 $250,346,470 $250,346,470
$151,783 $151,783 $151,783 $330,076,596

$79,578,343 $77,951,094
$1,627,249 $250,346,470 $250,346,470
$151,783 $151,783 $151,783 $330,076,596

$79,578,343 $77,951,094
$1,627,249 $250,346,470 $250,346,470
$151,783 $151,783 $151,783 $330,076,596

87.1 Increase funds for projected growth.
State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

$9,002,637 $28,500,537 $37,503,174

87.2 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($49,563) ($156,906) ($206,469)

$9,002,637 $28,500,537 $37,503,174
($49,563) ($156,906) ($206,469)

$9,002,637 $28,500,537 $37,503,174
($49,563) ($156,906) ($206,469)

FRIDAY, FEBRUARY 22, 2013

905

87.3 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($1,330) ($4,210) ($5,540)

($1,330) ($4,210) ($5,540)

($1,330) ($4,210) ($5,540)

87.4 Reduce funds to reflect the collection of Hospital Cost Settlements from FY2009, FY2010, and FY2011.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($681,965) ($2,158,965) ($2,840,930)

($681,965) ($2,158,965) ($2,840,930)

($681,965) ($2,158,965) ($2,840,930)

87.5 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($11,610) ($36,756) ($48,366)

($11,610) ($36,756) ($48,366)

($11,610) ($36,756) ($48,366)

87.6 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($105,517) ($334,045) ($439,562)

($105,517) ($334,045) ($439,562)

($105,517) ($334,045) ($439,562)

87.7 Reduce funds to reflect projected FY2013 hospital provider fee revenue.
State Children's Insurance Program CFDA93.767 Hospital Provider Fee Total Public Funds:

($7,303) ($2,307) ($9,610)

($7,303) ($2,307) ($9,610)

($7,303) ($2,307) ($9,610)

87.8 Transfer funds from Medicaid: Low-Income Medicaid to PeachCare to reflect updated Medicaid projections.
State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

$10,852,175 $34,365,221 $45,217,396

$10,846,003 $34,345,676 $45,191,679

87.100 -PeachCare

The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

TOTAL STATE FUNDS

$87,728,688

State General Funds

$86,103,746

Hospital Provider Fee

$1,624,942

TOTAL FEDERAL FUNDS

$276,148,822

State Children's Insurance Program CFDA93.767

$276,148,822

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$151,783

State Funds Transfers

$151,783

Appropriation (HB 105)

$98,580,863 $96,955,921
$1,624,942 $310,514,043 $310,514,043
$151,783 $151,783

$98,574,691 $96,949,749
$1,624,942 $310,494,498 $310,494,498
$151,783 $151,783

906

JOURNAL OF THE HOUSE

Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$151,783

$151,783

$151,783

$364,029,293 $409,246,689 $409,220,972

State Health Benefit Plan

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$0 $0 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959

$0 $0 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959

$0 $0 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959

88.1 Increase funds to reflect updated revenue and expense projections. Health Insurance Payments

$74,650,998 $74,650,998 $74,650,998

88.2 Reduce funds to reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and HRA funding.

Health Insurance Payments

($66,519,000) ($66,519,000) ($66,519,000)

88.3 Increase funds for increased employee contribution rates for spousal coverage. Health Insurance Payments

$36,379,788 $36,379,788 $36,379,788

88.4 Increase funds for continued implementation of the EnGAgement wellness plan. Health Insurance Payments

$7,122,000

$7,122,000

$7,122,000

88.5 Increase funds to reflect an increase in expenses for the implementation of the childhood obesity initiative in cooperation with the Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office.

Health Insurance Payments

$4,000,000

$4,000,000

$4,000,000

88.6 Increase funds to reflect an increase in employee premiums of 7.5% for employee-only and employee + child(ren) tiers.

Health Insurance Payments

$6,419,963

$6,419,963

$6,419,963

88.7 Increase funds to reflect an increase in employee premiums of 2% due to increased costs from the requirements of the Patient Protection and Affordable Care Act (PPACA).

Health Insurance Payments

$6,881,250

$6,881,250

$6,881,250

88.8 Increase funds to reflect revenue from the implementation of an add-on fee of $7 per employee per month for select plans.

Health Insurance Payments

$8,994,000

$8,994,000

$8,994,000

FRIDAY, FEBRUARY 22, 2013

907

88.9 Reduce funds to reflect savings from elimination of prior authorization for Attention Deficit-Hyperactivity Disorder (ADHD) drugs.

Health Insurance Payments

($107,500)

($107,500)

($107,500)

88.10 Reduce funds to reflect savings from implementing a pharmacy step therapy program. Health Insurance Payments

($1,400,000) ($1,400,000) ($1,400,000)

88.11 Reduce funds to reflect savings from revising the prescription drug list. Health Insurance Payments

($3,425,000) ($3,425,000) ($3,425,000)

88.12 Reduce funds to reflect savings from renegotiated rates with the hospital network. Health Insurance Payments

($5,250,000) ($5,250,000) ($5,250,000)

88.13 Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $937.34, effective March 2013.

Health Insurance Payments

$7,450,121

$7,450,121

$7,450,121

88.14 Increase funds to reflect an increase in the employer share of the State Health Benefit Plan from 29.781% to 30.281%, effective January 2013.

Health Insurance Payments

$6,085,658

$6,085,658

$6,085,658

88.100 -State Health Benefit Plan

Appropriation (HB 105)

The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in

quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237

$3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237

$3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237

Surplus to the Revenue Shortfall Reserve

Continuation Budget

TOTAL STATE FUNDS

$0

State General Funds

$0

500.1 Increase funds. It is the intent of the General Assembly that these funds be included in the departmental surplus to the Revenue Shortfall Reserve at the end of the fiscal year unless transferred to another program for Medicaid or PeachCare benefits via the legislative Fiscal Affairs committee. (S:YES)

State General Funds

$43,438,324

500.99 SAC: The purpose of this appropriation is to allocate funds to be included in the departmental surplus sent to the state treasury at the end of the fiscal year.

State General Funds

$0

908

JOURNAL OF THE HOUSE

500.100 -Surplus to the Revenue Shortfall Reserve

Appropriation (HB 105)

The purpose of this appropriation is to allocate funds to be included in the departmental surplus sent to the state treasury at the end of the fiscal year.

TOTAL STATE FUNDS

$43,438,324

State General Funds

$43,438,324

TOTAL PUBLIC FUNDS

$43,438,324

Georgia Composite Medical Board

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,046,154 $2,046,154
$100,000 $100,000 $100,000 $2,146,154

$2,046,154 $2,046,154
$100,000 $100,000 $100,000 $2,146,154

$2,046,154 $2,046,154
$100,000 $100,000 $100,000 $2,146,154

89.1 Reduce funds for personnel. State General Funds
89.2 Reduce funds for telecommunications. State General Funds

($41,824) ($1,332)

($41,824) ($1,332)

($41,824) ($1,332)

89.100 -Georgia Composite Medical Board

Appropriation (HB 105)

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 STATE FUNDS

$2,002,998

$2,002,998

$2,002,998

State General Funds

$2,002,998

$2,002,998

$2,002,998

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$2,102,998

$2,102,998

$2,102,998

Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs.

Continuation Budget

FRIDAY, FEBRUARY 22, 2013

909

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$685,128 $685,128 $685,128

$685,128 $685,128 $685,128

$685,128 $685,128 $685,128

90.1 Reduce funds for personnel. State General Funds
90.2 Reduce funds for operations. State General Funds

($2,500) ($4,351)

($2,500) ($4,351)

($2,500) ($4,351)

90.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$678,277 $678,277 $678,277

Appropriation (HB 105)

$678,277 $678,277 $678,277

$678,277 $678,277 $678,277

Physician Workforce, Georgia Board for: Graduate Medical Education

Continuation Budget

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical

education programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,917,518 $8,917,518 $8,917,518

$8,917,518 $8,917,518 $8,917,518

$8,917,518 $8,917,518 $8,917,518

91.1 Reduce funds for Graduate Medical Education residency slots. State General Funds

($275,551)

($137,776)

$0

91.2 Eliminate funds for residency development programs provided for Gwinnett Medical Center and Southwest Georgia consortium. (H and S:Restore residency development funding of $136,320 to Gwinnett Medical Center and $523,000 to the Southwest Georgia Consortium)

State General Funds

($826,899)

($167,579)

($167,579)

91.3 Reduce funds to reflect an adjustment for only seven new residents at Houston Medical Center. (S:Reduce funds)

State General Funds

($41,310)

($41,310)

91.100 -Physician Workforce, Georgia Board for: Graduate Medical Education

Appropriation (HB 105)

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical

education programs.

910

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,815,068 $7,815,068 $7,815,068

$8,570,853 $8,570,853 $8,570,853

$8,708,629 $8,708,629 $8,708,629

Physician Workforce, Georgia Board for: Mercer School of Medicine Grant

Continuation Budget

The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate supply of primary and other

needed physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$20,969,911 $20,969,911 $20,969,911

$20,969,911 $20,969,911 $20,969,911

$20,969,911 $20,969,911 $20,969,911

92.1 Reduce funds for the Mercer School of Medicine Operating Grant. State General Funds

($647,733)

($323,867)

$0

92.100 -Physician Workforce, Georgia Board for: Mercer School of Medicine Grant

Appropriation (HB 105)

The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate supply of primary and other

needed physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS

$20,322,178 $20,646,044 $20,969,911

State General Funds

$20,322,178 $20,646,044 $20,969,911

TOTAL PUBLIC FUNDS

$20,322,178 $20,646,044 $20,969,911

Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant

Continuation Budget

The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed

physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,671,474 $10,671,474 $10,671,474

$10,671,474 $10,671,474 $10,671,474

$10,671,474 $10,671,474 $10,671,474

93.1 Reduce funds for the Morehouse School of Medicine Operating Grant. State General Funds

($329,627)

($164,814)

$0

93.100 -Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant

Appropriation (HB 105)

The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed

physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS

$10,341,847 $10,506,660 $10,671,474

State General Funds

$10,341,847 $10,506,660 $10,671,474

TOTAL PUBLIC FUNDS

$10,341,847 $10,506,660 $10,671,474

FRIDAY, FEBRUARY 22, 2013

911

Physician Workforce, Georgia Board for: Physicians for Rural Areas

Continuation Budget

The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to provide a program of aid to promising medical

students.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$830,000 $830,000 $830,000

$830,000 $830,000 $830,000

$830,000 $830,000 $830,000

94.100 -Physician Workforce, Georgia Board for: Physicians for Rural Areas

Appropriation (HB 105)

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 STATE FUNDS

$830,000

$830,000

$830,000

State General Funds

$830,000

$830,000

$830,000

TOTAL PUBLIC FUNDS

$830,000

$830,000

$830,000

Physician Workforce, Georgia Board for: Undergraduate Medical Education

Continuation Budget

The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership

with medical schools in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,731,636 $2,731,636 $2,731,636

$2,731,636 $2,731,636 $2,731,636

$2,731,636 $2,731,636 $2,731,636

95.1 Reduce funds for medical education at private institutions. State General Funds

($84,408)

($84,408)

($84,408)

95.100 -Physician Workforce, Georgia Board for: Undergraduate Medical Education

Appropriation (HB 105)

The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership

with medical schools in Georgia.

TOTAL STATE FUNDS

$2,647,228

$2,647,228

$2,647,228

State General Funds

$2,647,228

$2,647,228

$2,647,228

TOTAL PUBLIC FUNDS

$2,647,228

$2,647,228

$2,647,228

Section 18: Corrections, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Continuation

$1,121,908,791 $1,121,908,791

$1,121,908,791 $1,121,908,791

$922,276

$922,276

$1,121,908,791 $1,121,908,791
$922,276

912

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$18,081,649 $655,104 $655,104
$17,426,545 $17,426,545 $1,140,912,716

$18,081,649 $655,104 $655,104
$17,426,545 $17,426,545 $1,140,912,716

$18,081,649 $655,104 $655,104
$17,426,545 $17,426,545 $1,140,912,716

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $1,122,180,577 $1,122,180,577 $922,276 $29,097,329 $655,104 $655,104 $28,442,225 $28,442,225 $1,152,200,182

$1,121,180,577 $1,121,180,577
$922,276 $29,097,329
$655,104 $655,104 $28,442,225 $28,442,225 $1,151,200,182

$1,121,180,577 $1,121,180,577
$922,276 $29,097,329
$655,104 $655,104 $28,442,225 $28,442,225 $1,151,200,182

Bainbridge Probation Substance Abuse Treatment Center

Continuation Budget

The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more

security and supervision than provided by regular community supervision.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,148,682 $6,148,682
$7,046 $7,046 $7,046 $6,155,728

$6,148,682 $6,148,682
$7,046 $7,046 $7,046 $6,155,728

$6,148,682 $6,148,682
$7,046 $7,046 $7,046 $6,155,728

96.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($6,988)

($6,988)

($6,988)

96.100 -Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB 105)

The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more

security and supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$6,141,694

$6,141,694

$6,141,694

State General Funds

$6,141,694

$6,141,694

$6,141,694

TOTAL AGENCY FUNDS

$7,046

$7,046

$7,046

Sales and Services

$7,046

$7,046

$7,046

FRIDAY, FEBRUARY 22, 2013

913

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$7,046 $6,148,740

$7,046 $6,148,740

$7,046 $6,148,740

County Jail Subsidy

Continuation Budget

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724

$9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724

$9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724

97.1 Increase funds by transferring savings from the Health program ($1,138,683) and the State Prisons program ($700,000). (H and S:Transfer funds from the Health ($138,683) and State Prisons ($700,000) programs to meet projected expenditures)

State General Funds

$1,838,683

$838,683

$838,683

97.2 Increase funds to meet projected expenditures. Sales and Services Not Itemized

$11,015,680 $11,015,680 $11,015,680

97.100 -County Jail Subsidy

Appropriation (HB 105)

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

TOTAL STATE FUNDS

$11,435,407 $10,435,407 $10,435,407

State General Funds

$11,435,407 $10,435,407 $10,435,407

TOTAL AGENCY FUNDS

$15,515,680 $15,515,680 $15,515,680

Sales and Services

$15,515,680 $15,515,680 $15,515,680

Sales and Services Not Itemized

$15,515,680 $15,515,680 $15,515,680

TOTAL PUBLIC FUNDS

$26,951,087 $25,951,087 $25,951,087

Departmental Administration

Continuation Budget

The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced

correctional system.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$36,067,108 $36,067,108
$70,555 $36,137,663

$36,067,108 $36,067,108
$70,555 $36,137,663

$36,067,108 $36,067,108
$70,555 $36,137,663

914

JOURNAL OF THE HOUSE

98.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
98.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$271,761 ($27,952)

$271,761 ($27,952)

$271,761 ($27,952)

98.100 -Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced

correctional system.

TOTAL STATE FUNDS

$36,310,917 $36,310,917 $36,310,917

State General Funds

$36,310,917 $36,310,917 $36,310,917

TOTAL FEDERAL FUNDS

$70,555

$70,555

$70,555

TOTAL PUBLIC FUNDS

$36,381,472 $36,381,472 $36,381,472

Detention Centers

Continuation Budget

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

probationers who require more security or supervision than provided by regular community supervision.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$28,399,203 $28,399,203
$450,000 $450,000 $450,000 $28,849,203

$28,399,203 $28,399,203
$450,000 $450,000 $450,000 $28,849,203

$28,399,203 $28,399,203
$450,000 $450,000 $450,000 $28,849,203

99.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
99.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$29,117 ($13,976)

$29,117 ($13,976)

$29,117 ($13,976)

99.100 -Detention Centers

Appropriation (HB 105)

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

probationers who require more security or supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$28,414,344 $28,414,344 $28,414,344

State General Funds

$28,414,344 $28,414,344 $28,414,344

TOTAL AGENCY FUNDS

$450,000

$450,000

$450,000

Sales and Services

$450,000

$450,000

$450,000

FRIDAY, FEBRUARY 22, 2013

915

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$450,000 $28,864,344

$450,000 $28,864,344

$450,000 $28,864,344

Food and Farm Operations

Continuation Budget

The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$27,519,049 $27,519,049
$751,721 $28,270,770

$27,519,049 $27,519,049
$751,721 $28,270,770

$27,519,049 $27,519,049
$751,721 $28,270,770

100.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($34,939)

($34,939)

($34,939)

100.100 -Food and Farm Operations

Appropriation (HB 105)

The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$27,484,110 $27,484,110 $27,484,110

State General Funds

$27,484,110 $27,484,110 $27,484,110

TOTAL FEDERAL FUNDS

$751,721

$751,721

$751,721

TOTAL PUBLIC FUNDS

$28,235,831 $28,235,831 $28,235,831

Health

Continuation Budget

The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional

system.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$201,493,766 $201,493,766
$390,000 $390,000 $390,000 $201,883,766

$201,493,766 $201,493,766
$390,000 $390,000 $390,000 $201,883,766

$201,493,766 $201,493,766
$390,000 $390,000 $390,000 $201,883,766

101.1 Reduce funds for personnel and transfer savings to the County Jail Subsidy program. State General Funds
101.2 Reduce funds for personnel to properly align expenditures. State General Funds

($1,138,683)

($138,683)

($138,683)

($1,000,000) ($1,000,000)

916

JOURNAL OF THE HOUSE

101.100 -Health

Appropriation (HB 105)

The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional

system.

TOTAL STATE FUNDS

$200,355,083 $200,355,083 $200,355,083

State General Funds

$200,355,083 $200,355,083 $200,355,083

TOTAL AGENCY FUNDS

$390,000

$390,000

$390,000

Sales and Services

$390,000

$390,000

$390,000

Sales and Services Not Itemized

$390,000

$390,000

$390,000

TOTAL PUBLIC FUNDS

$200,745,083 $200,745,083 $200,745,083

Offender Management

Continuation Budget

The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County

Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release

and agreements unit, and tactical squads.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$42,320,127 $42,320,127
$30,000 $30,000 $30,000 $42,350,127

$42,320,127 $42,320,127
$30,000 $30,000 $30,000 $42,350,127

$42,320,127 $42,320,127
$30,000 $30,000 $30,000 $42,350,127

102.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$9,706

$9,706

$9,706

102.100 -Offender Management

Appropriation (HB 105)

The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County

Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release

and agreements unit, and tactical squads.

TOTAL STATE FUNDS

$42,329,833 $42,329,833 $42,329,833

State General Funds

$42,329,833 $42,329,833 $42,329,833

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$42,359,833 $42,359,833 $42,359,833

Parole Revocation Centers

Continuation Budget

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.

FRIDAY, FEBRUARY 22, 2013

917

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,796,705 $4,796,705
$405,000 $405,000 $405,000 $5,201,705

$4,796,705 $4,796,705
$405,000 $405,000 $405,000 $5,201,705

$4,796,705 $4,796,705
$405,000 $405,000 $405,000 $5,201,705

103.1 Transfer funds from the Parole Revocation Centers program to the State Prisons program due to the Whitworth Parole Revocation Center becoming a women's state prison.

State General Funds

($1,896,555) ($1,896,555)

103.100 -Parole Revocation Centers

Appropriation (HB 105)

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

parole violators in a secure and supervised setting.

TOTAL STATE FUNDS

$4,796,705

$2,900,150

$2,900,150

State General Funds

$4,796,705

$2,900,150

$2,900,150

TOTAL AGENCY FUNDS

$405,000

$405,000

$405,000

Sales and Services

$405,000

$405,000

$405,000

Sales and Services Not Itemized

$405,000

$405,000

$405,000

TOTAL PUBLIC FUNDS

$5,201,705

$3,305,150

$3,305,150

Private Prisons

Continuation Budget

The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$134,908,024 $134,908,024 $134,908,024

$134,908,024 $134,908,024 $134,908,024

$134,908,024 $134,908,024 $134,908,024

104.100 -Private Prisons

Appropriation (HB 105)

The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety.

TOTAL STATE FUNDS

$134,908,024 $134,908,024 $134,908,024

State General Funds

$134,908,024 $134,908,024 $134,908,024

TOTAL PUBLIC FUNDS

$134,908,024 $134,908,024 $134,908,024

Probation Supervision

Continuation Budget

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.

918

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$97,678,890 $97,678,890
$10,000 $10,000 $10,000 $97,688,890

$97,678,890 $97,678,890
$10,000 $10,000 $10,000 $97,688,890

$97,678,890 $97,678,890
$10,000 $10,000 $10,000 $97,688,890

105.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
105.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$223,232 ($13,976)

$223,232 ($13,976)

$223,232 ($13,976)

105.100 -Probation Supervision

Appropriation (HB 105)

The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and

field supervision, as well as support the Georgia Commission on Family Violence.

TOTAL STATE FUNDS

$97,888,146 $97,888,146 $97,888,146

State General Funds

$97,888,146 $97,888,146 $97,888,146

TOTAL AGENCY FUNDS

$10,000

$10,000

$10,000

Sales and Services

$10,000

$10,000

$10,000

Sales and Services Not Itemized

$10,000

$10,000

$10,000

TOTAL PUBLIC FUNDS

$97,898,146 $97,898,146 $97,898,146

State Prisons

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$505,172,788 $505,172,788
$100,000 $12,289,603
$655,104 $655,104 $11,634,499 $11,634,499 $517,562,391

$505,172,788 $505,172,788
$100,000 $12,289,603
$655,104 $655,104 $11,634,499 $11,634,499 $517,562,391

$505,172,788 $505,172,788
$100,000 $12,289,603
$655,104 $655,104 $11,634,499 $11,634,499 $517,562,391

FRIDAY, FEBRUARY 22, 2013

919

106.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$417,347

$417,347

$417,347

106.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($586,982)

($586,982)

($586,982)

106.3 Reduce funds for personnel and transfer savings to the County Jail Subsidy program. State General Funds

($700,000)

($700,000)

($700,000)

106.4 Transfer funds from the Parole Revocation Centers program to the State Prisons program due to the Whitworth Parole Revocation Center becoming a women's state prison.

State General Funds

$1,896,555

$1,896,555

106.100 -State Prisons

Appropriation (HB 105)

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 STATE FUNDS

$504,303,153 $506,199,708 $506,199,708

State General Funds

$504,303,153 $506,199,708 $506,199,708

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

TOTAL AGENCY FUNDS

$12,289,603 $12,289,603 $12,289,603

Royalties and Rents

$655,104

$655,104

$655,104

Royalties and Rents Not Itemized

$655,104

$655,104

$655,104

Sales and Services

$11,634,499 $11,634,499 $11,634,499

Sales and Services Not Itemized

$11,634,499 $11,634,499 $11,634,499

TOTAL PUBLIC FUNDS

$516,692,756 $518,589,311 $518,589,311

Transitional Centers

Continuation Budget

The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving

housing, academic education, counseling, and substance abuse treatment in a structured center.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$27,807,725 $27,807,725 $27,807,725

$27,807,725 $27,807,725 $27,807,725

$27,807,725 $27,807,725 $27,807,725

107.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
107.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$19,411 ($13,975)

$19,411 ($13,975)

$19,411 ($13,975)

920

JOURNAL OF THE HOUSE

107.100 -Transitional Centers

Appropriation (HB 105)

The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving

housing, academic education, counseling, and substance abuse treatment in a structured center.

TOTAL STATE FUNDS

$27,813,161 $27,813,161 $27,813,161

State General Funds

$27,813,161 $27,813,161 $27,813,161

TOTAL PUBLIC FUNDS

$27,813,161 $27,813,161 $27,813,161

Section 19: Defense, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $9,101,329 $9,101,329
$74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509
$91,249,202

$9,101,329 $9,101,329 $74,506,287 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $91,249,202

$9,101,329 $9,101,329 $74,506,287 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $91,249,202

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $8,793,964 $8,793,964
$74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509
$90,941,837

$8,793,964 $8,793,964 $74,506,287 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $90,941,837

$8,793,964 $8,793,964 $74,506,287 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $90,941,837

Departmental Administration The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

Continuation Budget

TOTAL STATE FUNDS State General Funds

$1,144,335 $1,144,335

$1,144,335 $1,144,335

$1,144,335 $1,144,335

FRIDAY, FEBRUARY 22, 2013

921

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$672,334 $1,816,669

$672,334 $1,816,669

$672,334 $1,816,669

108.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
108.2 Reduce funds for telecommunications. State General Funds
108.3 Reduce funds for personnel by converting a full-time position to a part-time position. State General Funds

$1,650 ($53,190) ($20,629)

$1,650 ($53,190) ($20,629)

$1,650 ($53,190) ($20,629)

108.100-Departmental Administration

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$1,072,166

State General Funds

$1,072,166

TOTAL FEDERAL FUNDS

$672,334

TOTAL PUBLIC FUNDS

$1,744,500

Appropriation (HB 105)

$1,072,166 $1,072,166
$672,334 $1,744,500

$1,072,166 $1,072,166
$672,334 $1,744,500

Military Readiness

Continuation Budget

The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be

activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,710,472 $4,710,472 $63,865,953 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $76,218,011

$4,710,472 $4,710,472 $63,865,953 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $76,218,011

$4,710,472 $4,710,472 $63,865,953 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $76,218,011

109.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
109.2 Reduce funds for personnel and hold one position vacant. State General Funds

($33,401) ($193,565)

($33,401) ($193,565)

($33,401) ($193,565)

922

JOURNAL OF THE HOUSE

109.3 Reduce funds for operations. State General Funds

($8,230)

($8,230)

($8,230)

109.100 -Military Readiness

Appropriation (HB 105)

The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be

activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster.

TOTAL STATE FUNDS

$4,475,276

$4,475,276

$4,475,276

State General Funds

$4,475,276

$4,475,276

$4,475,276

TOTAL FEDERAL FUNDS

$63,865,953 $63,865,953 $63,865,953

TOTAL AGENCY FUNDS

$7,641,586

$7,641,586

$7,641,586

Intergovernmental Transfers

$6,165,906

$6,165,906

$6,165,906

Intergovernmental Transfers Not Itemized

$6,165,906

$6,165,906

$6,165,906

Royalties and Rents

$171,171

$171,171

$171,171

Royalties and Rents Not Itemized

$171,171

$171,171

$171,171

Sales and Services

$1,304,509

$1,304,509

$1,304,509

Sales and Services Not Itemized

$1,304,509

$1,304,509

$1,304,509

TOTAL PUBLIC FUNDS

$75,982,815 $75,982,815 $75,982,815

Youth Educational Services

Continuation Budget

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase

programs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$3,246,522 $3,246,522 $9,968,000 $13,214,522

$3,246,522 $3,246,522 $9,968,000 $13,214,522

$3,246,522 $3,246,522 $9,968,000 $13,214,522

110.100 -Youth Educational Services

Appropriation (HB 105)

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase

programs.

TOTAL STATE FUNDS

$3,246,522

$3,246,522

$3,246,522

State General Funds

$3,246,522

$3,246,522

$3,246,522

TOTAL FEDERAL FUNDS

$9,968,000

$9,968,000

$9,968,000

TOTAL PUBLIC FUNDS

$13,214,522 $13,214,522 $13,214,522

Section 20: Driver Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

Section Total - Continuation $59,380,684 $59,380,684 $2,844,121

$59,380,684 $59,380,684
$2,844,121

$59,380,684 $59,380,684
$2,844,121

FRIDAY, FEBRUARY 22, 2013

923

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,844,121 $2,844,121 $62,224,805

$2,844,121 $2,844,121 $62,224,805

$2,844,121 $2,844,121 $62,224,805

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $60,912,802 $60,912,802 $2,844,121 $2,844,121 $2,844,121 $63,756,923

$60,912,802 $60,912,802
$2,844,121 $2,844,121 $2,844,121 $63,756,923

$60,912,802 $60,912,802
$2,844,121 $2,844,121 $2,844,121 $63,756,923

Customer Service Support

Continuation Budget

The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,113,037 $9,113,037
$500,857 $500,857 $500,857 $9,613,894

$9,113,037 $9,113,037
$500,857 $500,857 $500,857 $9,613,894

$9,113,037 $9,113,037
$500,857 $500,857 $500,857 $9,613,894

111.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
111.2 Reduce funds for operations. State General Funds

($528) ($3,432)

($528) ($3,432)

($528) ($3,432)

111.100 -Customer Service Support

Appropriation (HB 105)

The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$9,109,077

$9,109,077

$9,109,077

State General Funds

$9,109,077

$9,109,077

$9,109,077

TOTAL AGENCY FUNDS

$500,857

$500,857

$500,857

Sales and Services

$500,857

$500,857

$500,857

Sales and Services Not Itemized

$500,857

$500,857

$500,857

TOTAL PUBLIC FUNDS

$9,609,934

$9,609,934

$9,609,934

License Issuance

Continuation Budget

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.

924

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$49,434,372 $49,434,372
$1,827,835 $1,827,835 $1,827,835 $51,262,207

$49,434,372 $49,434,372
$1,827,835 $1,827,835 $1,827,835 $51,262,207

$49,434,372 $49,434,372
$1,827,835 $1,827,835 $1,827,835 $51,262,207

112.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$850,680

$850,680

$850,680

112.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($2,993)

($2,993)

($2,993)

112.3 Increase funds for archival storage for Real ID implementation. State General Funds

$510,134

$510,134

$510,134

112.4 Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation.

State General Funds

$200,000

$200,000

$200,000

112.5 Reduce funds for operations. State General Funds

($21,146)

($21,146)

($21,146)

112.100 -License Issuance

Appropriation (HB 105)

The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to

services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud.

TOTAL STATE FUNDS

$50,971,047 $50,971,047 $50,971,047

State General Funds

$50,971,047 $50,971,047 $50,971,047

TOTAL AGENCY FUNDS

$1,827,835

$1,827,835

$1,827,835

Sales and Services

$1,827,835

$1,827,835

$1,827,835

Sales and Services Not Itemized

$1,827,835

$1,827,835

$1,827,835

TOTAL PUBLIC FUNDS

$52,798,882 $52,798,882 $52,798,882

Regulatory Compliance

Continuation Budget

The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education

curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify

ignition interlock device providers.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$833,275 $833,275 $515,429

$833,275 $833,275 $515,429

$833,275 $833,275 $515,429

FRIDAY, FEBRUARY 22, 2013

925

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$515,429 $515,429 $1,348,704

$515,429 $515,429 $1,348,704

$515,429 $515,429 $1,348,704

113.1 Reduce funds for operations. State General Funds

($597)

($597)

($597)

113.100 -Regulatory Compliance

Appropriation (HB 105)

The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education

curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify

ignition interlock device providers.

TOTAL STATE FUNDS

$832,678

$832,678

$832,678

State General Funds

$832,678

$832,678

$832,678

TOTAL AGENCY FUNDS

$515,429

$515,429

$515,429

Sales and Services

$515,429

$515,429

$515,429

Sales and Services Not Itemized

$515,429

$515,429

$515,429

TOTAL PUBLIC FUNDS

$1,348,107

$1,348,107

$1,348,107

Section 21: Early Care and Learning, Department of
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Community Based Child Abuse Prevention CFDA93.590
TOTAL PUBLIC FUNDS

Section Total - Continuation $354,061,853 $55,459,608 $298,602,245 $313,627,536 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263

$354,061,853 $55,459,608 $298,602,245 $313,627,536 $95,464,681 $92,440,670
$156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263

$354,061,853 $55,459,608 $298,602,245 $313,627,536 $95,464,681 $92,440,670
$156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263

TOTAL STATE FUNDS State General Funds

Section Total - Final $353,028,330 $53,795,820

$353,028,330 $53,795,820

$353,028,330 $53,795,820

926

JOURNAL OF THE HOUSE

Lottery Proceeds TOTAL FEDERAL FUNDS
CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers FF Community Based Child Abuse Prevention CFDA93.590
TOTAL PUBLIC FUNDS

$299,232,510 $310,530,323 $92,367,468 $92,440,670
$156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $663,756,527

$299,232,510 $310,530,323 $92,367,468 $92,440,670
$156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $663,756,527

$299,232,510 $310,530,323 $92,367,468 $92,440,670
$156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $663,756,527

Child Care Services

Continuation Budget

The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to

provide inclusion services for children with disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670
$15,000 $15,000 $15,000 $219,379,959

$55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670
$15,000 $15,000 $15,000 $219,379,959

$55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670
$15,000 $15,000 $15,000 $219,379,959

114.1 Reduce funds for contracts. State General Funds

($200)

($200)

114.2 Reduce funds for personnel for a portion of the Chief Financial Officer's salary and replace with federal funds.

State General Funds

($36,559)

($36,559)

114.3 Reduce funds.
State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds:

($1,627,029) ($3,097,213) ($4,724,242)

($1,627,029) ($3,097,213) ($4,724,242)

($200)
($36,559)
($1,627,029) ($3,097,213) ($4,724,242)

FRIDAY, FEBRUARY 22, 2013

927

114.100 -Child Care Services

Appropriation (HB 105)

The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to

provide inclusion services for children with disabilities.

TOTAL STATE FUNDS

$53,795,820 $53,795,820 $53,795,820

State General Funds

$53,795,820 $53,795,820 $53,795,820

TOTAL FEDERAL FUNDS

$160,808,138 $160,808,138 $160,808,138

CCDF Mandatory & Matching Funds CFDA93.596

$92,367,468 $92,367,468 $92,367,468

Child Care & Development Block Grant CFDA93.575

$68,440,670 $68,440,670 $68,440,670

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

Rebates, Refunds, and Reimbursements

$15,000

$15,000

$15,000

Rebates, Refunds, and Reimbursements Not Itemized

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$214,618,958 $214,618,958 $214,618,958

Nutrition

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$0 $0 $121,997,250 $121,997,250

$0 $0 $121,997,250 $121,997,250

$0 $0 $121,997,250 $121,997,250

115.100 -Nutrition

Appropriation (HB 105)

The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth

during the summer.

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250

Pre-Kindergarten Program

Continuation Budget

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and

private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$298,602,245 $0
$298,602,245 $218,000
$298,820,245

$298,602,245 $0
$298,602,245 $218,000
$298,820,245

$298,602,245 $0
$298,602,245 $218,000
$298,820,245

928

JOURNAL OF THE HOUSE

116.1 Reduce funds to reflect an adjustment in telecommunications expenses. Lottery Proceeds
116.2 Increase funds for the employer share of the Federal Insurance Contributions Act (FICA) tax. Lottery Proceeds

($95,011) $725,276

($95,011) $725,276

($95,011) $725,276

116.100 -Pre-Kindergarten Program

Appropriation (HB 105)

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and

private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

TOTAL STATE FUNDS

$299,232,510 $299,232,510 $299,232,510

Lottery Proceeds

$299,232,510 $299,232,510 $299,232,510

TOTAL FEDERAL FUNDS

$218,000

$218,000

$218,000

TOTAL PUBLIC FUNDS

$299,450,510 $299,450,510 $299,450,510

Quality Initiatives

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Community Based Child Abuse Prevention CFDA93.590
TOTAL PUBLIC FUNDS

$0 $0 $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809

$0 $0 $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809

$0 $0 $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809

117.100 -Quality Initiatives

Appropriation (HB 105)

The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child

care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

$27,506,935 $24,000,000
$141,874 $131,874

$27,506,935 $24,000,000
$141,874 $131,874

$27,506,935 $24,000,000
$141,874 $131,874

FRIDAY, FEBRUARY 22, 2013

929

Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers FF Community Based Child Abuse Prevention CFDA93.590
TOTAL PUBLIC FUNDS

$131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809

$131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809

$131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809

Section 22: Economic Development, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Continuation $40,617,320 $33,779,876 $6,837,444 $659,400 $41,276,720

$40,617,320 $33,779,876
$6,837,444 $659,400
$41,276,720

$40,617,320 $33,779,876
$6,837,444 $659,400
$41,276,720

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Final $38,936,291 $32,686,834 $6,249,457 $659,400 $39,595,691

$39,289,444 $33,039,987
$6,249,457 $659,400
$39,948,844

$38,964,281 $32,714,824
$6,249,457 $659,400
$39,623,681

Departmental Administration

Continuation Budget

The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to

promote the state.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,084,460 $4,084,460 $4,084,460

$4,084,460 $4,084,460 $4,084,460

$4,084,460 $4,084,460 $4,084,460

118.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
118.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
118.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds

($458) ($27,141) ($74,350)

($458) $0
($74,350)

($458) $0
($74,350)

930

JOURNAL OF THE HOUSE

118.4 Reduce funds for operations. State General Funds

($50,560)

($50,560)

($50,560)

118.100-Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to

promote the state.

TOTAL STATE FUNDS

$3,931,951

$3,959,092

$3,959,092

State General Funds

$3,931,951

$3,959,092

$3,959,092

TOTAL PUBLIC FUNDS

$3,931,951

$3,959,092

$3,959,092

Film, Video, and Music

Continuation Budget

The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural

resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$955,165 $955,165 $955,165

$955,165 $955,165 $955,165

$955,165 $955,165 $955,165

119.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
119.2 Reduce funds for marketing. State General Funds

($36) ($38,573)

($36) ($38,573)

($36) ($38,573)

119.100 -Film, Video, and Music

Appropriation (HB 105)

The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural

resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

TOTAL STATE FUNDS

$916,556

$916,556

$916,556

State General Funds

$916,556

$916,556

$916,556

TOTAL PUBLIC FUNDS

$916,556

$916,556

$916,556

Global Commerce

Continuation Budget

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.

FRIDAY, FEBRUARY 22, 2013

931

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,292,005 $10,292,005 $10,292,005

$10,292,005 $10,292,005 $10,292,005

$10,292,005 $10,292,005 $10,292,005

120.1 Reduce funds for contracts. State General Funds
120.2 Reduce funds for marketing. State General Funds

($65,000) ($100,000)

($65,000) ($100,000)

($65,000) ($100,000)

120.100 -Global Commerce

Appropriation (HB 105)

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 STATE FUNDS

$10,127,005 $10,127,005 $10,127,005

State General Funds

$10,127,005 $10,127,005 $10,127,005

TOTAL PUBLIC FUNDS

$10,127,005 $10,127,005 $10,127,005

Innovation and Technology

Continuation Budget

The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the

Centers of Innovation, research universities, incubators, and other companies.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$14,347,266 $7,509,822 $6,837,444
$14,347,266

$14,347,266 $7,509,822 $6,837,444
$14,347,266

$14,347,266 $7,509,822 $6,837,444
$14,347,266

121.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($95)

($95)

121.2 Reduce funds for the Georgia Research Alliance. State General Funds

($180,849)

($200,000)

121.3 Reduce funds for marketing. State General Funds

($345,163)

$0

121.4 Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780).

Tobacco Settlement Funds

($52,040)

($52,040)

($95) ($200,000) ($345,163)
($52,040)

932

JOURNAL OF THE HOUSE

121.5 Reduce funds for the Tumor Tissue Bank. Tobacco Settlement Funds

($124,595)

($124,595)

121.6 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.

Tobacco Settlement Funds

($411,352)

($411,352)

($124,595) ($411,352)

121.100 -Innovation and Technology

Appropriation (HB 105)

The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the

Centers of Innovation, research universities, incubators, and other companies.

TOTAL STATE FUNDS

$13,233,172 $13,559,184 $13,214,021

State General Funds

$6,983,715

$7,309,727

$6,964,564

Tobacco Settlement Funds

$6,249,457

$6,249,457

$6,249,457

TOTAL PUBLIC FUNDS

$13,233,172 $13,559,184 $13,214,021

Small and Minority Business Development

Continuation Budget

The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business

needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$916,860 $916,860 $916,860

$916,860 $916,860 $916,860

$916,860 $916,860 $916,860

122.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
122.2 Reduce funds for operations. State General Funds

($131) ($20,868)

($131) ($20,868)

($131) ($20,868)

122.100 -Small and Minority Business Development

Appropriation (HB 105)

The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business

needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

TOTAL STATE FUNDS

$895,861

$895,861

$895,861

State General Funds

$895,861

$895,861

$895,861

TOTAL PUBLIC FUNDS

$895,861

$895,861

$895,861

Tourism

Continuation Budget

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.

FRIDAY, FEBRUARY 22, 2013

933

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,310,394 $9,310,394 $9,310,394

$9,310,394 $9,310,394 $9,310,394

$9,310,394 $9,310,394 $9,310,394

123.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 123.2 Reduce funds for personnel and eliminate two vacant positions. State General Funds 123.3 Reduce funds for contracts. State General Funds 123.4 Reduce funds for marketing. State General Funds 123.5 Increase funds for the Civil War Commission. State General Funds

($1,445) ($58,107) ($19,882) ($100,000)

($1,445) ($58,107) ($19,882) ($100,000)

($1,445) ($58,107) ($19,882) ($100,000) $20,000

123.100 -Tourism

Appropriation (HB 105)

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome

centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to

attract more tourism to the state.

TOTAL STATE FUNDS

$9,130,960

$9,130,960

$9,150,960

State General Funds

$9,130,960

$9,130,960

$9,150,960

TOTAL PUBLIC FUNDS

$9,130,960

$9,130,960

$9,150,960

Arts, Georgia Council for the

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$578,689 $578,689 $659,400 $1,238,089

$578,689 $578,689 $659,400 $1,238,089

$578,689 $578,689 $659,400 $1,238,089

124.100 -Arts, Georgia Council for the

Appropriation (HB 105)

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.

934

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$578,689 $578,689 $659,400 $1,238,089

Payments to Georgia Medical Center Authority The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$132,481 $132,481 $132,481

$578,689 $578,689 $659,400 $1,238,089

$578,689 $578,689 $659,400 $1,238,089

Continuation Budget

$132,481 $132,481 $132,481

$132,481 $132,481 $132,481

125.1 Reduce funds for operations. State General Funds
125.2 Reduce funds for information technology. State General Funds

($3,974) ($6,410)

($3,974) ($6,410)

($3,974) ($6,410)

125.100 -Payments to Georgia Medical Center Authority

The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority.

TOTAL STATE FUNDS

$122,097

State General Funds

$122,097

TOTAL PUBLIC FUNDS

$122,097

Appropriation (HB 105)

$122,097 $122,097 $122,097

$122,097 $122,097 $122,097

Section 23: Education, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS ARRA-Education for Homeless Children & Youth ARRA-School Improvement Grants CFDA84.388
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services

Section Total - Continuation

$7,168,032,040 $7,168,032,040

$7,168,032,040 $7,168,032,040

$1,754,515,336 $1,754,515,336

$129,239

$129,239

$3,412,222

$3,412,222

$3,713,178

$3,713,178

$1,109,438

$1,109,438

$1,109,438

$1,109,438

$300,000

$300,000

$300,000

$300,000

$828,560

$828,560

$828,560

$828,560

$1,475,180

$1,475,180

$7,168,032,040 $7,168,032,040 $1,754,515,336
$129,239 $3,412,222 $3,713,178 $1,109,438 $1,109,438
$300,000 $300,000 $828,560 $828,560 $1,475,180

FRIDAY, FEBRUARY 22, 2013

935

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,475,180

$1,475,180

$1,475,180

$8,926,260,554 $8,926,260,554 $8,926,260,554

TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs
TOTAL FEDERAL FUNDS ARRA-Education for Homeless Children & Youth ARRA-School Improvement Grants CFDA84.388
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $7,322,921,047 $7,150,221,292 $172,699,755 $1,754,515,336 $129,239 $3,412,222 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $9,081,149,561

$7,321,240,747 $7,148,540,992
$172,699,755 $1,754,515,336
$129,239 $3,412,222 $3,713,178 $1,109,438 $1,109,438
$300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $9,079,469,261

$7,326,585,563 $7,153,885,808
$172,699,755 $1,754,515,336
$129,239 $3,412,222 $3,713,178 $1,109,438 $1,109,438
$300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $9,084,814,077

Agricultural Education

Continuation Budget

The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and

summer educational and leadership opportunities for students.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,650,509 $7,650,509 $7,650,509

$7,650,509 $7,650,509 $7,650,509

$7,650,509 $7,650,509 $7,650,509

126.1 Reduce funds for operations for the Extended Day/Year program. State General Funds 126.2 Reduce funds for operations for Area Teachers. State General Funds 126.3 Reduce funds for operations for Young Farmers. State General Funds 126.4 Reduce funds for operations for Youth Camps. State General Funds

($90,377) ($44,647) ($80,051) ($14,440)

($45,188) ($22,323) ($40,026) ($7,220)

($45,188) ($22,323) ($40,026) ($7,220)

936

JOURNAL OF THE HOUSE

126.100 -Agricultural Education

Appropriation (HB 105)

The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and

summer educational and leadership opportunities for students.

TOTAL STATE FUNDS

$7,420,994

$7,535,752

$7,535,752

State General Funds

$7,420,994

$7,535,752

$7,535,752

TOTAL PUBLIC FUNDS

$7,420,994

$7,535,752

$7,535,752

Central Office

Continuation Budget

The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS ARRA-School Improvement Grants CFDA84.388
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$30,301,129 $30,301,129 $55,540,713
$3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000
$86,760,873

$30,301,129 $30,301,129 $55,540,713
$3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000
$86,760,873

$30,301,129 $30,301,129 $55,540,713
$3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000
$86,760,873

128.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$3,448

$3,448

128.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($6,207)

($6,207)

128.3 Reduce funds for personnel. State General Funds

($170,625)

($170,625)

128.4 Reduce funds for the School Nurse Coordinator position to reflect projected expenditures. State General Funds

($69,038)

($69,038)

128.5 Reduce funds for operations. State General Funds

($42,447)

($42,447)

128.6 Reduce funds for travel based on prior years' expenditures. State General Funds

($20,099)

($20,099)

128.7 Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones.

State General Funds

($7,896)

($7,896)

$3,448 ($6,207) ($170,625) ($69,038) ($42,447) ($20,099) ($7,896)

FRIDAY, FEBRUARY 22, 2013

937

128.8 Reduce funds for the Superintendent's Leadership Program. State General Funds

($44,597)

$0

($44,597)

128.9 Reduce funds for the American Association of Adapted Sports Program. State General Funds

($40,000)

($40,000)

$0

128.10 Reduce funds for State Schools Administration based on prior year expenditures. State General Funds

($20,000)

($20,000)

($20,000)

128.11 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for half of the Discovery Education contract.

State General Funds

($471,355)

($471,355)

($471,355)

128.100 -Central Office

Appropriation (HB 105)

The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems.

TOTAL STATE FUNDS

$29,412,313 $29,456,910 $29,452,313

State General Funds

$29,412,313 $29,456,910 $29,452,313

TOTAL FEDERAL FUNDS

$55,540,713 $55,540,713 $55,540,713

ARRA-School Improvement Grants CFDA84.388

$3,412,222

$3,412,222

$3,412,222

TOTAL AGENCY FUNDS

$919,031

$919,031

$919,031

Contributions, Donations, and Forfeitures

$619,031

$619,031

$619,031

Contributions, Donations, and Forfeitures Not Itemized

$619,031

$619,031

$619,031

Reserved Fund Balances

$300,000

$300,000

$300,000

Reserved Fund Balances Not Itemized

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$85,872,057 $85,916,654 $85,912,057

Charter Schools

Continuation Budget

The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation,

facilities, and operations of those entities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$1,993,546 $1,993,546 $7,001,330 $8,994,876

$1,993,546 $1,993,546 $7,001,330 $8,994,876

$1,993,546 $1,993,546 $7,001,330 $8,994,876

129.1 Reduce funds for planning grants. State General Funds
129.2 Reduce funds for facility grants. State General Funds

($5,000) ($54,806)

($5,000) ($54,806)

($5,000) ($54,806)

938

JOURNAL OF THE HOUSE

129.100 -Charter Schools

Appropriation (HB 105)

The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation,

facilities, and operations of those entities.

TOTAL STATE FUNDS

$1,933,740

$1,933,740

$1,933,740

State General Funds

$1,933,740

$1,933,740

$1,933,740

TOTAL FEDERAL FUNDS

$7,001,330

$7,001,330

$7,001,330

TOTAL PUBLIC FUNDS

$8,935,070

$8,935,070

$8,935,070

Communities in Schools

Continuation Budget

The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to

partner with other state and national organizations to support student success in school and beyond.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$933,100 $933,100 $933,100

$933,100 $933,100 $933,100

$933,100 $933,100 $933,100

130.1 Reduce funds for grants to local affiliates. State General Funds

($27,993)

($20,000)

($20,000)

130.100 -Communities in Schools

Appropriation (HB 105)

The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to

partner with other state and national organizations to support student success in school and beyond.

TOTAL STATE FUNDS

$905,107

$913,100

$913,100

State General Funds

$905,107

$913,100

$913,100

TOTAL PUBLIC FUNDS

$905,107

$913,100

$913,100

Curriculum Development

Continuation Budget

The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and

instructional resources to teachers for implementing this curriculum.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,232,744 $1,232,744 $1,232,744

$1,232,744 $1,232,744 $1,232,744

$1,232,744 $1,232,744 $1,232,744

131.1 Reduce funds for operations. State General Funds
131.2 Reduce funds for contracts. State General Funds

($40,000) ($47,907)

($40,000) ($47,907)

($40,000) ($47,907)

FRIDAY, FEBRUARY 22, 2013

939

131.100-Curriculum Development

Appropriation (HB 105)

The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and

instructional resources to teachers for implementing this curriculum.

TOTAL STATE FUNDS

$1,144,837

$1,144,837

$1,144,837

State General Funds

$1,144,837

$1,144,837

$1,144,837

TOTAL PUBLIC FUNDS

$1,144,837

$1,144,837

$1,144,837

Federal Programs

Continuation Budget

The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
ARRA-Education for Homeless Children & Youth TOTAL PUBLIC FUNDS

$0 $1,072,513,107
$129,239 $1,072,513,107

$0 $1,072,513,107
$129,239 $1,072,513,107

$0 $1,072,513,107
$129,239 $1,072,513,107

132.100 -Federal Programs The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

Appropriation (HB 105)

TOTAL FEDERAL FUNDS ARRA-Education for Homeless Children & Youth
TOTAL PUBLIC FUNDS

$1,072,513,107 $1,072,513,107 $1,072,513,107

$129,239

$129,239

$129,239

$1,072,513,107 $1,072,513,107 $1,072,513,107

Georgia Learning Resources System

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$0 $0 $6,300,860 $6,300,860

$0 $0 $6,300,860 $6,300,860

$0 $0 $6,300,860 $6,300,860

133.100 -Georgia Learning Resources System

Appropriation (HB 105)

The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal

education laws, and to provide resources to educators and parents of students with disabilities.

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$6,300,860 $6,300,860

$6,300,860 $6,300,860

$6,300,860 $6,300,860

940

JOURNAL OF THE HOUSE

Georgia Virtual School

Continuation Budget

The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access

supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980

$4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980

$4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980

134.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
134.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 134.3 Reduce funds for contracts. State General Funds

$17 ($51) ($141,179)

$17 ($51) ($141,179)

$17 ($51) ($141,179)

134.100 -Georgia Virtual School

Appropriation (HB 105)

The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access

supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$4,564,742

$4,564,742

$4,564,742

State General Funds

$4,564,742

$4,564,742

$4,564,742

TOTAL AGENCY FUNDS

$1,371,025

$1,371,025

$1,371,025

Sales and Services

$1,371,025

$1,371,025

$1,371,025

Sales and Services Not Itemized

$1,371,025

$1,371,025

$1,371,025

TOTAL PUBLIC FUNDS

$5,935,767

$5,935,767

$5,935,767

Georgia Youth Science and Technology

Continuation Budget

The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly

among elementary and middle school teachers and students in underserved areas of the state.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$144,000 $144,000 $144,000

$144,000 $144,000 $144,000

$144,000 $144,000 $144,000

FRIDAY, FEBRUARY 22, 2013

941

135.1 Eliminate funds for the final quarter of the year. State General Funds

($36,000)

$0

$0

135.100 -Georgia Youth Science and Technology

Appropriation (HB 105)

The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly

among elementary and middle school teachers and students in underserved areas of the state.

TOTAL STATE FUNDS

$108,000

$144,000

$144,000

State General Funds

$108,000

$144,000

$144,000

TOTAL PUBLIC FUNDS

$108,000

$144,000

$144,000

Governor's Honors Program

Continuation Budget

The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually

available during the regular school year.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$959,839 $959,839 $959,839

$959,839 $959,839 $959,839

$959,839 $959,839 $959,839

136.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
136.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
136.3 Reduce funds for operations. State General Funds

$14 ($39) ($28,795)

$14 ($39) ($20,000)

$14 ($39) ($20,000)

136.100 -Governor's Honors Program

Appropriation (HB 105)

The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually

available during the regular school year.

TOTAL STATE FUNDS

$931,019

$939,814

$939,814

State General Funds

$931,019

$939,814

$939,814

TOTAL PUBLIC FUNDS

$931,019

$939,814

$939,814

Information Technology Services The purpose of this appropriation is to provide internet access for local school systems.

Continuation Budget

942

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,321,803 $3,321,803 $3,321,803

$3,321,803 $3,321,803 $3,321,803

$3,321,803 $3,321,803 $3,321,803

137.100 -Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$3,321,803 $3,321,803 $3,321,803

Appropriation (HB 105)

$3,321,803 $3,321,803 $3,321,803

$3,321,803 $3,321,803 $3,321,803

Non Quality Basic Education Formula Grants

Continuation Budget

The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,462,668 $6,462,668 $6,462,668

$6,462,668 $6,462,668 $6,462,668

$6,462,668 $6,462,668 $6,462,668

138.1 Reduce funds for Residential Treatment Centers. State General Funds
138.2 Reduce funds for Sparsity Grants. State General Funds

($114,942) ($78,938)

($38,313) ($26,313)

($38,313) $0

138.100 -Non Quality Basic Education Formula Grants

Appropriation (HB 105)

The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants.

TOTAL STATE FUNDS

$6,268,788

$6,398,042

$6,424,355

State General Funds

$6,268,788

$6,398,042

$6,424,355

TOTAL PUBLIC FUNDS

$6,268,788

$6,398,042

$6,424,355

Nutrition

Continuation Budget

The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that

support nutritional well-being and performance at school and comply with federal standards.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$22,593,223 $22,593,223 $574,888,212 $597,481,435

$22,593,223 $22,593,223 $574,888,212 $597,481,435

$22,593,223 $22,593,223 $574,888,212 $597,481,435

FRIDAY, FEBRUARY 22, 2013

943

139.1 Reduce funds for the school lunch program. State General Funds

($1,647,230) ($1,098,745)

($677,796)

139.100 -Nutrition

Appropriation (HB 105)

The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that

support nutritional well-being and performance at school and comply with federal standards.

TOTAL STATE FUNDS

$20,945,993 $21,494,478 $21,915,427

State General Funds

$20,945,993 $21,494,478 $21,915,427

TOTAL FEDERAL FUNDS

$574,888,212 $574,888,212 $574,888,212

TOTAL PUBLIC FUNDS

$595,834,205 $596,382,690 $596,803,639

Preschool Handicapped

Continuation Budget

The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better

prepared to succeed.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$28,412,355 $28,412,355 $28,412,355

$28,412,355 $28,412,355 $28,412,355

$28,412,355 $28,412,355 $28,412,355

140.100 -Preschool Handicapped

Appropriation (HB 105)

The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better

prepared to succeed.

TOTAL STATE FUNDS

$28,412,355 $28,412,355 $28,412,355

State General Funds

$28,412,355 $28,412,355 $28,412,355

TOTAL PUBLIC FUNDS

$28,412,355 $28,412,355 $28,412,355

Quality Basic Education Equalization

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$436,158,587 $436,158,587 $436,158,587

$436,158,587 $436,158,587 $436,158,587

$436,158,587 $436,158,587 $436,158,587

141.100 -Quality Basic Education Equalization

Appropriation (HB 105)

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 STATE FUNDS

$436,158,587 $436,158,587 $436,158,587

State General Funds

$436,158,587 $436,158,587 $436,158,587

TOTAL PUBLIC FUNDS

$436,158,587 $436,158,587 $436,158,587

944

JOURNAL OF THE HOUSE

Quality Basic Education Local Five Mill Share

Continuation Budget

The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730)

142.1 Reduce funds for state charter special schools based on local five mill share. State General Funds

($6,500,624) ($6,500,624)

142.100 -Quality Basic Education Local Five Mill Share

Appropriation (HB 105)

The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164.

TOTAL STATE FUNDS

($1,697,504,730) ($1,704,005,354) ($1,704,005,354)

State General Funds

($1,697,504,730) ($1,704,005,354) ($1,704,005,354)

TOTAL PUBLIC FUNDS

($1,697,504,730) ($1,704,005,354) ($1,704,005,354)

Quality Basic Education Program

Continuation Budget

The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-

12 as outlined in O.C.G.A. 20-2-161.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037

143.1

Increase funds for the midterm adjustment enrollment growth. (H:Increase funds for a midterm adjustment for enrollment growth, Special Needs Scholarship, state special charter school supplement, and $3,449,086 for charter system grants as specified in HB742 (2012 Session))(S:Increase funds for a midterm adjustment for enrollment growth, Special Needs Scholarship, state special charter school supplement, and $8,351,237 for charter system FTE growth per OCGA 20-2-165.1 with the maximum appropriation to any one system to be $4,500,000 after being subject to austerity)

State General Funds

$156,203,055 $162,685,588 $167,587,739

143.2 Increase funds for the Special Needs Scholarship to meet projected need. State General Funds

$3,033,447

$0

$0

143.3 Replace funds.
State General Funds Revenue Shortfall Reserve for K-12 Needs Total Public Funds:

($172,699,755) ($172,699,755) ($172,699,755)

$172,699,755 $172,699,755 $172,699,755

$0

$0

$0

143.4 Increase funds for a misclassification of FTEs for Devereux Ackerman Academy-Residential Treatment Facility.

State General Funds

$149,581

$149,581

FRIDAY, FEBRUARY 22, 2013

945

143.100 -Quality Basic Education Program

Appropriation (HB 105)

The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-

12 as outlined in O.C.G.A. 20-2-161.

TOTAL STATE FUNDS

$8,342,248,539 $8,345,847,206 $8,350,749,357

State General Funds

$8,169,548,784 $8,173,147,451 $8,178,049,602

Revenue Shortfall Reserve for K-12 Needs

$172,699,755 $172,699,755 $172,699,755

TOTAL PUBLIC FUNDS

$8,342,248,539 $8,345,847,206 $8,350,749,357

Regional Education Service Agencies

Continuation Budget

The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving

the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and

other shared services.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,510,812 $8,510,812 $8,510,812

$8,510,812 $8,510,812 $8,510,812

$8,510,812 $8,510,812 $8,510,812

144.1 Reduce funds for operations. State General Funds

($205,995)

($85,108)

($85,108)

144.100 -Regional Education Service Agencies

Appropriation (HB 105)

The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving

the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and

other shared services.

TOTAL STATE FUNDS

$8,304,817

$8,425,704

$8,425,704

State General Funds

$8,304,817

$8,425,704

$8,425,704

TOTAL PUBLIC FUNDS

$8,304,817

$8,425,704

$8,425,704

School Improvement

Continuation Budget

The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low-

performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall

student achievement.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,199,064 $5,199,064 $5,199,064

$5,199,064 $5,199,064 $5,199,064

$5,199,064 $5,199,064 $5,199,064

145.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$42

$42

$42

946

JOURNAL OF THE HOUSE

145.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
145.3 Reduce funds for personnel for one vacant position. State General Funds

($358) ($93,263)

($358) ($93,263)

($358) ($93,263)

145.100 -School Improvement

Appropriation (HB 105)

The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low-

performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall

student achievement.

TOTAL STATE FUNDS

$5,105,485

$5,105,485

$5,105,485

State General Funds

$5,105,485

$5,105,485

$5,105,485

TOTAL PUBLIC FUNDS

$5,105,485

$5,105,485

$5,105,485

Severely Emotionally Disturbed

Continuation Budget

The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and

resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$62,113,005 $62,113,005
$7,908,992 $70,021,997

$62,113,005 $62,113,005
$7,908,992 $70,021,997

$62,113,005 $62,113,005
$7,908,992 $70,021,997

146.100 -Severely Emotionally Disturbed

Appropriation (HB 105)

The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and

resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

TOTAL STATE FUNDS

$62,113,005 $62,113,005 $62,113,005

State General Funds

$62,113,005 $62,113,005 $62,113,005

TOTAL FEDERAL FUNDS

$7,908,992

$7,908,992

$7,908,992

TOTAL PUBLIC FUNDS

$70,021,997 $70,021,997 $70,021,997

State Charter School Commission Administration

Continuation Budget

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

147.1 Increase funds for initial funding for administrative support for the State Charter School Commission.

State General Funds

$130,000

$130,000

$130,000

FRIDAY, FEBRUARY 22, 2013

947

147.100 -State Charter School Commission Administration TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$130,000 $130,000 $130,000

Appropriation (HB 105)

$130,000

$130,000

$130,000

$130,000

$130,000

$130,000

State Interagency Transfers

Continuation Budget

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 post-secondary vocational education agency.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$8,497,963 $8,497,963 $3,958,342 $12,456,305

$8,497,963 $8,497,963 $3,958,342 $12,456,305

$8,497,963 $8,497,963 $3,958,342 $12,456,305

148.1 Reduce funds for projected transfers to the Teachers' Retirement System. State General Funds

($400,000)

($400,000)

($400,000)

148.100 -State Interagency Transfers

Appropriation (HB 105)

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 post-secondary vocational education agency.

TOTAL STATE FUNDS

$8,097,963

$8,097,963

$8,097,963

State General Funds

$8,097,963

$8,097,963

$8,097,963

TOTAL FEDERAL FUNDS

$3,958,342

$3,958,342

$3,958,342

TOTAL PUBLIC FUNDS

$12,056,305 $12,056,305 $12,056,305

State Schools

Continuation Budget

The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment

addressing their academic, vocational, and social development.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$24,244,124 $24,244,124
$1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155
$25,667,246

$24,244,124 $24,244,124
$1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155
$25,667,246

$24,244,124 $24,244,124
$1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155
$25,667,246

948

JOURNAL OF THE HOUSE

149.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
149.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$1,147 ($16,113)

$1,147 ($16,113)

$1,147 ($16,113)

149.100 -State Schools

Appropriation (HB 105)

The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment

addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$24,229,158 $24,229,158 $24,229,158

State General Funds

$24,229,158 $24,229,158 $24,229,158

TOTAL AGENCY FUNDS

$1,423,122

$1,423,122

$1,423,122

Contributions, Donations, and Forfeitures

$490,407

$490,407

$490,407

Contributions, Donations, and Forfeitures Not Itemized

$490,407

$490,407

$490,407

Intergovernmental Transfers

$828,560

$828,560

$828,560

Intergovernmental Transfers Not Itemized

$828,560

$828,560

$828,560

Sales and Services

$104,155

$104,155

$104,155

Sales and Services Not Itemized

$104,155

$104,155

$104,155

TOTAL PUBLIC FUNDS

$25,652,280 $25,652,280 $25,652,280

Technology/Career Education

Continuation Budget

The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the

traditional school day and year.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$14,059,152 $14,059,152 $16,012,923 $30,072,075

$14,059,152 $14,059,152 $16,012,923 $30,072,075

$14,059,152 $14,059,152 $16,012,923 $30,072,075

150.1 Reduce funds for the Extended Day/Year program. State General Funds
150.2 Reduce funds. State General Funds

($421,775)

$0 ($210,887)

$0 ($210,887)

150.100 -Technology/Career Education

Appropriation (HB 105)

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.

FRIDAY, FEBRUARY 22, 2013

949

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$13,637,377 $13,637,377 $16,012,923 $29,650,300

$13,848,265 $13,848,265 $16,012,923 $29,861,188

$13,848,265 $13,848,265 $16,012,923 $29,861,188

Testing

Continuation Budget

The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local

schools.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$13,479,209 $13,479,209 $10,390,857 $23,870,066

$13,479,209 $13,479,209 $10,390,857 $23,870,066

$13,479,209 $13,479,209 $10,390,857 $23,870,066

151.100 -Testing

Appropriation (HB 105)

The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local

schools.

TOTAL STATE FUNDS

$13,479,209 $13,479,209 $13,479,209

State General Funds

$13,479,209 $13,479,209 $13,479,209

TOTAL FEDERAL FUNDS

$10,390,857 $10,390,857 $10,390,857

TOTAL PUBLIC FUNDS

$23,870,066 $23,870,066 $23,870,066

Tuition for Multi-Handicapped

Continuation Budget

The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an

appropriate program for a multi-handicapped student.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,551,946 $1,551,946 $1,551,946

$1,551,946 $1,551,946 $1,551,946

$1,551,946 $1,551,946 $1,551,946

152.100 -Tuition for Multi-Handicapped

Appropriation (HB 105)

The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an

appropriate program for a multi-handicapped student.

TOTAL STATE FUNDS

$1,551,946

$1,551,946

$1,551,946

State General Funds

$1,551,946

$1,551,946

$1,551,946

TOTAL PUBLIC FUNDS

$1,551,946

$1,551,946

$1,551,946

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.

950

JOURNAL OF THE HOUSE

Section 24: Employees' Retirement System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

Section Total - Continuation $26,432,022 $26,432,022 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922

$26,432,022 $26,432,022
$3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922

$26,432,022 $26,432,022
$3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

Section Total - Final $26,532,022 $26,532,022 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,253,922

$26,532,022 $26,532,022
$3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,253,922

$26,532,022 $26,532,022
$3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,253,922

Deferred Compensation

Continuation Budget

The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them

an effective supplement for their retirement planning.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813

$0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813

$0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813

153.100 -Deferred Compensation

Appropriation (HB 105)

The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them

an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS Sales and Services

$3,508,813 $3,508,813

$3,508,813 $3,508,813

$3,508,813 $3,508,813

FRIDAY, FEBRUARY 22, 2013

951

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$3,508,813 $3,508,813

$3,508,813 $3,508,813

$3,508,813 $3,508,813

Georgia Military Pension Fund

Continuation Budget

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,703,022 $1,703,022 $1,703,022

$1,703,022 $1,703,022 $1,703,022

$1,703,022 $1,703,022 $1,703,022

154.100 -Georgia Military Pension Fund

Appropriation (HB 105)

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$1,703,022

$1,703,022

$1,703,022

State General Funds

$1,703,022

$1,703,022

$1,703,022

TOTAL PUBLIC FUNDS

$1,703,022

$1,703,022

$1,703,022

Public School Employees Retirement System

Continuation Budget

The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and

accurate payment of retirement benefits.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$24,729,000 $24,729,000 $24,729,000

$24,729,000 $24,729,000 $24,729,000

$24,729,000 $24,729,000 $24,729,000

155.1 Increase funds reduced in HB742 (2012 Session) to fully fund the annual required contribution for FY2013.

State General Funds

$100,000

$100,000

$100,000

155.100 -Public School Employees Retirement System

Appropriation (HB 105)

The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and

accurate payment of retirement benefits.

TOTAL STATE FUNDS

$24,829,000 $24,829,000 $24,829,000

State General Funds

$24,829,000 $24,829,000 $24,829,000

TOTAL PUBLIC FUNDS

$24,829,000 $24,829,000 $24,829,000

System Administration

Continuation Budget

The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members

and beneficiaries.

952

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087

$0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087

$0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087

156.100 -System Administration

Appropriation (HB 105)

The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members

and beneficiaries.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$18,213,087 $18,213,087 $18,213,087 $18,213,087

$18,213,087 $18,213,087 $18,213,087 $18,213,087

$18,213,087 $18,213,087 $18,213,087 $18,213,087

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).

Section 25: Forestry Commission, State
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Continuation $30,440,883 $30,440,883 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,319,051

$30,440,883 $30,440,883
$5,994,473 $6,833,695
$125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,319,051

$30,440,883 $30,440,883
$5,994,473 $6,833,695
$125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,319,051

FRIDAY, FEBRUARY 22, 2013

953

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $29,460,464 $29,460,464 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,338,632

$29,987,021 $29,987,021
$5,994,473 $6,833,695
$125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,865,189

$29,987,021 $29,987,021
$5,994,473 $6,833,695
$125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,865,189

Commission Administration

Continuation Budget

The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs,

and provide oversight that emphasizes customer values and process innovation.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,371,335 $3,371,335
$48,800 $76,288 $76,288 $76,288 $3,496,423

$3,371,335 $3,371,335
$48,800 $76,288 $76,288 $76,288 $3,496,423

$3,371,335 $3,371,335
$48,800 $76,288 $76,288 $76,288 $3,496,423

157.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
157.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 157.3 Reduce funds for personnel to reflect projected expenditures. State General Funds

$3,424 ($7,684) ($51,630)

$3,424 ($7,684) ($51,630)

$3,424 ($7,684) ($51,630)

157.100 -Commission Administration

Appropriation (HB 105)

The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs,

and provide oversight that emphasizes customer values and process innovation.

954

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,315,445 $3,315,445
$48,800 $76,288 $76,288 $76,288 $3,440,533

$3,315,445 $3,315,445
$48,800 $76,288 $76,288 $76,288 $3,440,533

$3,315,445 $3,315,445
$48,800 $76,288 $76,288 $76,288 $3,440,533

Forest Management

Continuation Budget

The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry

cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners

and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation

easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass

industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,132,169 $2,132,169 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176

$2,132,169 $2,132,169 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176

$2,132,169 $2,132,169 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176

158.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
158.2 Reduce funds for personnel and replace with federal funds. State General Funds

$804 ($51,486)

$804 ($51,486)

$804 ($51,486)

158.100 -Forest Management

Appropriation (HB 105)

The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry

cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners

and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation

easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass

industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

FRIDAY, FEBRUARY 22, 2013

955

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,081,487 $2,081,487 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,724,494

$2,081,487 $2,081,487 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,724,494

$2,081,487 $2,081,487 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,724,494

Forest Protection

Continuation Budget

The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to

mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to

promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland

firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest

Management program during periods of low fire danger.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$24,937,379 $24,937,379
$2,246,681 $4,656,312
$33,000 $33,000 $4,623,312 $4,623,312 $31,840,372

$24,937,379 $24,937,379
$2,246,681 $4,656,312
$33,000 $33,000 $4,623,312 $4,623,312 $31,840,372

$24,937,379 $24,937,379
$2,246,681 $4,656,312
$33,000 $33,000 $4,623,312 $4,623,312 $31,840,372

159.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 159.2 Reduce funds for personnel to reflect projected expenditures. State General Funds
159.3 Reduce funds for operations. State General Funds

$7,571 ($688,837) ($121,273)

$7,571 ($252,280)
($31,273)

$7,571 ($252,280)
($31,273)

956

JOURNAL OF THE HOUSE

159.4 Reduce funds for motor vehicle purchases. State General Funds

($71,308)

($71,308)

($71,308)

159.100 -Forest Protection

Appropriation (HB 105)

The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to

mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to

promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland

firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest

Management program during periods of low fire danger.

TOTAL STATE FUNDS

$24,063,532 $24,590,089 $24,590,089

State General Funds

$24,063,532 $24,590,089 $24,590,089

TOTAL FEDERAL FUNDS

$2,246,681

$2,246,681

$2,246,681

TOTAL AGENCY FUNDS

$4,656,312

$4,656,312

$4,656,312

Royalties and Rents

$33,000

$33,000

$33,000

Royalties and Rents Not Itemized

$33,000

$33,000

$33,000

Sales and Services

$4,623,312

$4,623,312

$4,623,312

Sales and Services Not Itemized

$4,623,312

$4,623,312

$4,623,312

TOTAL PUBLIC FUNDS

$30,966,525 $31,493,082 $31,493,082

Tree Seedling Nursery

Continuation Budget

The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

$0 $0 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

$0 $0 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

160.100 -Tree Seedling Nursery

Appropriation (HB 105)

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 FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

$133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

$133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

FRIDAY, FEBRUARY 22, 2013

957

Section 26: Governor, Office of the
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Continuation $57,604,463 $57,604,463 $112,177,734 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,105,331

$57,604,463 $57,604,463 $112,177,734
$3,814,350 $2,175,809
$500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,105,331

$57,604,463 $57,604,463 $112,177,734
$3,814,350 $2,175,809
$500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,105,331

Section Total - Final $54,226,786 $54,226,786 $112,378,204 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325

$54,226,786 $54,226,786 $112,378,204
$200,470 $3,814,350 $2,175,809
$500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325

$54,184,959 $54,184,959 $112,378,204
$200,470 $3,814,350 $2,175,809
$500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325

958

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$147,325 $147,325 $168,928,124

$147,325 $147,325 $168,928,124

$147,325 $147,325 $168,886,297

Governor's Emergency Fund

Continuation Budget

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$22,578,261 $22,578,261 $22,578,261

$22,578,261 $22,578,261 $22,578,261

$22,578,261 $22,578,261 $22,578,261

161.1 Reduce funds for the Unemployment Trust Fund loan interest payment from $19,108,685 to $16,763,825 to reflect the actual need for the interest payment due September 30, 2012.

State General Funds

($2,344,860) ($2,344,860) ($2,344,860)

161.100 -Governor's Emergency Fund

Appropriation (HB 105)

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS

$20,233,401 $20,233,401 $20,233,401

State General Funds

$20,233,401 $20,233,401 $20,233,401

TOTAL PUBLIC FUNDS

$20,233,401 $20,233,401 $20,233,401

Governor's Office

Continuation Budget

The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining

order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per OCGA 45-7-4 shall be $40,000.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$5,987,885 $5,987,885
$100,000 $100,000 $100,000 $6,087,885

$5,987,885 $5,987,885
$100,000 $100,000 $100,000 $6,087,885

$5,987,885 $5,987,885
$100,000 $100,000 $100,000 $6,087,885

162.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
162.2 Reduce funds for operations. State General Funds

$56,557 ($179,637)

$56,557 ($179,637)

$56,557 ($179,637)

FRIDAY, FEBRUARY 22, 2013

959

162.100 -Governor's Office

Appropriation (HB 105)

The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining

order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per OCGA 45-7-4 shall be $40,000.

TOTAL STATE FUNDS

$5,864,805

$5,864,805

$5,864,805

State General Funds

$5,864,805

$5,864,805

$5,864,805

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Intergovernmental Transfers

$100,000

$100,000

$100,000

Intergovernmental Transfers Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$5,964,805

$5,964,805

$5,964,805

Planning and Budget, Governor's Office of

Continuation Budget

The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and

implementation of budgets, plans, programs, and policies.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,043,611 $8,043,611 $8,043,611

$8,043,611 $8,043,611 $8,043,611

$8,043,611 $8,043,611 $8,043,611

163.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 163.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 163.3 Reduce funds for operations. State General Funds 163.4 Reduce funds for the American Indian Council contract. State General Funds

$38,175 ($299)
($228,808) ($12,500)

$38,175 ($299)
($228,808) ($12,500)

$38,175 ($299)
($228,808) ($12,500)

163.100 -Planning and Budget, Governor's Office of

Appropriation (HB 105)

The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and

implementation of budgets, plans, programs, and policies.

TOTAL STATE FUNDS

$7,840,179

$7,840,179

$7,840,179

State General Funds

$7,840,179

$7,840,179

$7,840,179

TOTAL PUBLIC FUNDS

$7,840,179

$7,840,179

$7,840,179

Child Advocate, Office of the

Continuation Budget

The purpose of this appropriation is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of

children.

960

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$841,704 $841,704 $89,558
$25 $25 $25 $931,287

$841,704 $841,704 $89,558
$25 $25 $25 $931,287

$841,704 $841,704 $89,558
$25 $25 $25 $931,287

164.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 164.2 Reduce funds for operations. State General Funds 164.3 Reduce funds for information technology. State General Funds 164.4 Reduce funds for contracts. State General Funds 164.5 Reduce funds for personnel. State General Funds

$1,779 ($14,251) ($2,000) ($9,000) ($11,463)

$1,779 ($14,251) ($2,000) ($9,000) ($11,463)

$1,779 ($14,251) ($2,000) ($9,000) ($11,463)

164.100 -Child Advocate, Office of the

Appropriation (HB 105)

The purpose of this appropriation is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of

children.

TOTAL STATE FUNDS

$806,769

$806,769

$806,769

State General Funds

$806,769

$806,769

$806,769

TOTAL FEDERAL FUNDS

$89,558

$89,558

$89,558

TOTAL AGENCY FUNDS

$25

$25

$25

Sales and Services

$25

$25

$25

Sales and Services Not Itemized

$25

$25

$25

TOTAL PUBLIC FUNDS

$896,352

$896,352

$896,352

Children and Families, Governor's Office for

Continuation Budget

The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$2,906,072 $2,906,072 $8,215,596

$2,906,072 $2,906,072 $8,215,596

$2,906,072 $2,906,072 $8,215,596

FRIDAY, FEBRUARY 22, 2013

961

FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS

$3,814,350 $11,121,668

$3,814,350 $11,121,668

$3,814,350 $11,121,668

165.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
165.2 Reduce funds for implementing new Community Strategy grants. State General Funds
165.3 Recognize funds for sexual assault centers. Preventive Health & Health Services Block Grant CFDA93.991

$40,151 ($87,182) $200,470

$40,151 ($87,182) $200,470

$40,151 ($87,182) $200,470

165.100 -Children and Families, Governor's Office for

Appropriation (HB 105)

The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

TOTAL STATE FUNDS

$2,859,041

$2,859,041

$2,859,041

State General Funds

$2,859,041

$2,859,041

$2,859,041

TOTAL FEDERAL FUNDS

$8,416,066

$8,416,066

$8,416,066

Preventive Health & Health Services Block Grant CFDA93.991

$200,470

$200,470

$200,470

FFIND Temp. Assistance for Needy Families CFDA93.558

$3,814,350

$3,814,350

$3,814,350

TOTAL PUBLIC FUNDS

$11,275,107 $11,275,107 $11,275,107

Emergency Management Agency, Georgia

Continuation Budget

The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other

resources and supporting local governments to respond to major disasters and emergency events, and to coordinate state resources for the preparation and

prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,108,027 $2,108,027 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065

$2,108,027 $2,108,027 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065

$2,108,027 $2,108,027 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065

962

JOURNAL OF THE HOUSE

166.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 166.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 166.3 Reduce funds for personnel and eliminate one position. State General Funds 166.4 Reduce funds for communications. State General Funds 166.5 Reduce funds for the Civil Air Patrol contract. State General Funds

$19,225 ($1,144) ($45,227) ($1,851) ($16,163)

$19,225 ($1,144) ($45,227) ($1,851) ($16,163)

$19,225 ($1,144) ($45,227) ($1,851) ($16,163)

166.100 -Emergency Management Agency, Georgia

Appropriation (HB 105)

The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other

resources and supporting local governments to respond to major disasters and emergency events, and to coordinate state resources for the preparation and

prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

TOTAL STATE FUNDS

$2,062,867

$2,062,867

$2,062,867

State General Funds

$2,062,867

$2,062,867

$2,062,867

TOTAL FEDERAL FUNDS

$29,703,182 $29,703,182 $29,703,182

TOTAL AGENCY FUNDS

$660,531

$660,531

$660,531

Reserved Fund Balances

$500,000

$500,000

$500,000

Reserved Fund Balances Not Itemized

$500,000

$500,000

$500,000

Sales and Services

$160,531

$160,531

$160,531

Sales and Services Not Itemized

$160,531

$160,531

$160,531

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$147,325

$147,325

$147,325

State Funds Transfers

$147,325

$147,325

$147,325

Agency to Agency Contracts

$147,325

$147,325

$147,325

TOTAL PUBLIC FUNDS

$32,573,905 $32,573,905 $32,573,905

Equal Opportunity, Georgia Commission on

Continuation Budget

The purpose of this appropriation is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act, which makes it

unlawful to discriminate against any individual.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$473,461 $473,461 $395,550 $869,011

$473,461 $473,461 $395,550 $869,011

$473,461 $473,461 $395,550 $869,011

FRIDAY, FEBRUARY 22, 2013

963

167.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
167.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($182) ($13)

($182) ($13)

($182) ($13)

167.100 -Equal Opportunity, Georgia Commission on

Appropriation (HB 105)

The purpose of this appropriation is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act, which makes it

unlawful to discriminate against any individual.

TOTAL STATE FUNDS

$473,266

$473,266

$473,266

State General Funds

$473,266

$473,266

$473,266

TOTAL FEDERAL FUNDS

$395,550

$395,550

$395,550

TOTAL PUBLIC FUNDS

$868,816

$868,816

$868,816

Professional Standards Commission, Georgia

Continuation Budget

The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator

professional preparation, performance, and ethics.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,954,848 $5,954,848
$411,930 $500 $500 $500
$6,367,278

$5,954,848 $5,954,848
$411,930 $500 $500 $500
$6,367,278

$5,954,848 $5,954,848
$411,930 $500 $500 $500
$6,367,278

168.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 168.2 Reduce funds for operations. State General Funds 168.3 Reduce funds for contracts. State General Funds 168.4 Reduce funds for information technology. State General Funds 168.5 Reduce funds for telecommunications. State General Funds

$2,163 ($50,645) ($71,000) ($57,000) ($3,214)

$2,163 ($50,645) ($71,000) ($57,000) ($3,214)

$2,163 ($50,645) ($71,000) ($57,000) ($3,214)

964

JOURNAL OF THE HOUSE

168.100 -Professional Standards Commission, Georgia

Appropriation (HB 105)

The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator

professional preparation, performance, and ethics.

TOTAL STATE FUNDS

$5,775,152

$5,775,152

$5,775,152

State General Funds

$5,775,152

$5,775,152

$5,775,152

TOTAL FEDERAL FUNDS

$411,930

$411,930

$411,930

TOTAL AGENCY FUNDS

$500

$500

$500

Sales and Services

$500

$500

$500

Sales and Services Not Itemized

$500

$500

$500

TOTAL PUBLIC FUNDS

$6,187,582

$6,187,582

$6,187,582

Consumer Protection, Governor's Office of

Continuation Budget

The purpose of this appropriation is to protect consumers and legitimate business enterprises from unfair and deceptive business practices through the

enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$5,682,565 $5,682,565 $1,414,753
$747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318

$5,682,565 $5,682,565 $1,414,753
$747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318

$5,682,565 $5,682,565 $1,414,753
$747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318

169.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 169.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 169.3 Reduce funds for personnel and operations. State General Funds 169.4 Reduce funds for the Customer Service subprogram. State General Funds

($138,458) ($126)
($170,477)

($138,458) ($126)
($170,477)

($138,458) ($126)
($170,477) ($41,827)

FRIDAY, FEBRUARY 22, 2013

965

169.100 -Consumer Protection, Governor's Office of

Appropriation (HB 105)

The purpose of this appropriation is to protect consumers and legitimate business enterprises from unfair and deceptive business practices through the

enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS

$5,373,504

$5,373,504

$5,331,677

State General Funds

$5,373,504

$5,373,504

$5,331,677

TOTAL AGENCY FUNDS

$1,414,753

$1,414,753

$1,414,753

Rebates, Refunds, and Reimbursements

$747,064

$747,064

$747,064

Rebates, Refunds, and Reimbursements Not Itemized

$747,064

$747,064

$747,064

Sales and Services

$500,000

$500,000

$500,000

Sales and Services Not Itemized

$500,000

$500,000

$500,000

Sanctions, Fines, and Penalties

$167,689

$167,689

$167,689

Sanctions, Fines, and Penalties Not Itemized

$167,689

$167,689

$167,689

TOTAL PUBLIC FUNDS

$6,788,257

$6,788,257

$6,746,430

Governor's Office of Workforce Development The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$0 $0 $73,361,918 $73,361,918

$0 $0 $73,361,918 $73,361,918

$0 $0 $73,361,918 $73,361,918

170.1 Adjust funds.

170.100 -Governor's Office of Workforce Development The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.

Appropriation (HB 105)

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$73,361,918 $73,361,918

$73,361,918 $73,361,918

$73,361,918 $73,361,918

Office of the State Inspector General

Continuation Budget

The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and

abuse.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$572,486 $572,486 $572,486

$572,486 $572,486 $572,486

$572,486 $572,486 $572,486

966

JOURNAL OF THE HOUSE

171.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
171.2 Reduce funds for personnel and operations. State General Funds

($8) ($17,175)

($8) ($17,175)

($8) ($17,175)

171.100 -Office of the State Inspector General

Appropriation (HB 105)

The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and

abuse.

TOTAL STATE FUNDS

$555,303

$555,303

$555,303

State General Funds

$555,303

$555,303

$555,303

TOTAL PUBLIC FUNDS

$555,303

$555,303

$555,303

Student Achievement, Office of

Continuation Budget

The purpose of this appropriation is to support educational accountability, evaluation, and reporting efforts, establishment of standards on state assessments, the

preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,455,543 $2,455,543 $2,455,543

$2,455,543 $2,455,543 $2,455,543

$2,455,543 $2,455,543 $2,455,543

172.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
172.2 Reduce funds for personnel. State General Funds
172.3 Reduce funds for contracts. State General Funds

$622 ($63,666) ($10,000)

$622 ($63,666) ($10,000)

$622 ($63,666) ($10,000)

172.100 -Student Achievement, Office of

Appropriation (HB 105)

The purpose of this appropriation is to support educational accountability, evaluation, and reporting efforts, establishment of standards on state assessments, the

preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts.

TOTAL STATE FUNDS

$2,382,499

$2,382,499

$2,382,499

State General Funds

$2,382,499

$2,382,499

$2,382,499

TOTAL PUBLIC FUNDS

$2,382,499

$2,382,499

$2,382,499

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 purposes for which such moneys may be appropriated pursuant to Article 28.

The Mansion allowance shall be $40,000.

FRIDAY, FEBRUARY 22, 2013

967

Section 27: Human Services, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568

Section Total - Continuation

$491,702,876 $491,702,876

$485,511,070 $485,511,070

$6,191,806

$6,191,806

$995,762,671 $995,762,671

$1,308,661

$1,308,661

$10,191,339 $10,191,339

$15,977,927 $15,977,927

$73,127,428 $73,127,428

$51,766,614 $51,766,614

$60,527,005 $60,527,005

$53,771,331 $53,771,331

$321,190,139 $321,190,139

$321,190,139 $321,190,139

$9,551,600

$9,551,600

$68,433,622 $68,433,622

$46,500

$46,500

$46,500

$46,500

$729,513

$729,513

$729,513

$729,513

$10,221,755 $10,221,755

$10,221,755 $10,221,755

$57,435,854 $57,435,854

$57,435,854 $57,435,854

$508,249

$508,249

$508,249

$508,249

$508,249

$508,249

$1,556,407,418 $1,556,407,418

$491,702,876 $485,511,070
$6,191,806 $995,762,671
$1,308,661 $10,191,339 $15,977,927 $73,127,428 $51,766,614 $60,527,005 $53,771,331 $321,190,139 $321,190,139
$9,551,600 $68,433,622
$46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,407,418

Section Total - Final $484,100,807 $477,909,001 $6,191,806 $994,563,420 $1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614

$487,050,807 $480,859,001
$6,191,806 $994,563,420
$1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614

$486,050,807 $479,859,001
$6,191,806 $994,563,420
$1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614

968

JOURNAL OF THE HOUSE

Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances
Reserved Fund Balances Not Itemized Intergovernmental Transfers
Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$60,867,092 $53,771,331 $321,190,139 $321,190,139
$9,551,600 $68,433,622
$46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,547,606,098

$60,867,092 $53,771,331 $321,190,139 $321,190,139
$9,551,600 $68,433,622
$46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,550,556,098

$60,867,092 $53,771,331 $321,190,139 $321,190,139
$9,551,600 $68,433,622
$46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,549,556,098

Adoption Services

Continuation Budget

The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and

financial services after adoption.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$34,257,279 $34,257,279 $53,449,931 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $87,753,710

$34,257,279 $34,257,279 $53,449,931 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $87,753,710

$34,257,279 $34,257,279 $53,449,931 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $87,753,710

173.100 -Adoption Services

Appropriation (HB 105)

The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and

financial services after adoption.

TOTAL STATE FUNDS

$34,257,279 $34,257,279 $34,257,279

State General Funds

$34,257,279 $34,257,279 $34,257,279

TOTAL FEDERAL FUNDS

$53,449,931 $53,449,931 $53,449,931

Temporary Assistance for Needy Families

$16,400,000 $16,400,000 $16,400,000

FRIDAY, FEBRUARY 22, 2013

969

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$16,400,000 $46,500 $46,500 $46,500
$87,753,710

$16,400,000 $46,500 $46,500 $46,500
$87,753,710

$16,400,000 $46,500 $46,500 $46,500
$87,753,710

After School Care

Continuation Budget

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$0 $0 $15,691,720 $15,500,000 $15,500,000 $15,691,720

$0 $0 $15,691,720 $15,500,000 $15,500,000 $15,691,720

$0 $0 $15,691,720 $15,500,000 $15,500,000 $15,691,720

174.100 -After School Care

Appropriation (HB 105)

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds.

TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$15,691,720 $15,500,000 $15,500,000 $15,691,720

$15,691,720 $15,500,000 $15,500,000 $15,691,720

$15,691,720 $15,500,000 $15,500,000 $15,691,720

Child Care Licensing

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658
TOTAL PUBLIC FUNDS

$1,581,992 $1,581,992
$638,414 $638,414 $2,220,406

$1,581,992 $1,581,992
$638,414 $638,414 $2,220,406

$1,581,992 $1,581,992
$638,414 $638,414 $2,220,406

175.1 Reduce funds for personnel for one vacant surveyor position.
State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds:

($47,461) ($19,151) ($66,612)

($47,461) ($19,151) ($66,612)

($47,461) ($19,151) ($66,612)

970

JOURNAL OF THE HOUSE

175.100 -Child Care Licensing

Appropriation (HB 105)

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 STATE FUNDS

$1,534,531

$1,534,531

$1,534,531

State General Funds

$1,534,531

$1,534,531

$1,534,531

TOTAL FEDERAL FUNDS

$619,263

$619,263

$619,263

Foster Care Title IV-E CFDA93.658

$619,263

$619,263

$619,263

TOTAL PUBLIC FUNDS

$2,153,794

$2,153,794

$2,153,794

Child Care Services

Continuation Budget

The purpose of this appropriation is to permit low income families to be self-reliant while protecting the safety and well-being of their children by ensuring

access to child care.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS

$0 $0 $9,082,178 $9,082,178 $9,082,178

$0 $0 $9,082,178 $9,082,178 $9,082,178

$0 $0 $9,082,178 $9,082,178 $9,082,178

176.100 -Child Care Services

Appropriation (HB 105)

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 FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS

$9,082,178 $9,082,178 $9,082,178

$9,082,178 $9,082,178 $9,082,178

$9,082,178 $9,082,178 $9,082,178

Child Support Services The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$24,606,037 $24,606,037 $71,240,292
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760

$24,606,037 $24,606,037 $71,240,292
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760

$24,606,037 $24,606,037 $71,240,292
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760

FRIDAY, FEBRUARY 22, 2013

971

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$395,760 $99,083,589

$395,760 $99,083,589

$395,760 $99,083,589

177.1 Reduce funds for personnel for 35 vacant positions. State General Funds
177.2 Reduce funds for operations. State General Funds

($526,670) ($145,507)

($526,670) ($145,507)

($526,670) ($145,507)

177.100 -Child Support Services

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS

$23,933,860

State General Funds

$23,933,860

TOTAL FEDERAL FUNDS

$69,935,478

Social Services Block Grant CFDA93.667

$120,000

TOTAL AGENCY FUNDS

$2,841,500

Sales and Services

$2,841,500

Sales and Services Not Itemized

$2,841,500

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$395,760

State Funds Transfers

$395,760

Agency to Agency Contracts

$395,760

TOTAL PUBLIC FUNDS

$97,106,598

Appropriation (HB 105)

$23,933,860 $23,933,860 $69,935,478
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $97,106,598

$23,933,860 $23,933,860 $69,935,478
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $97,106,598

Child Welfare Services

Continuation Budget

The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and

strengthen the family.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$92,366,911 $92,366,911 $148,169,258
$189,956 $29,203,771
$159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000
$112,489

$92,366,911 $92,366,911 $148,169,258
$189,956 $29,203,771
$159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000
$112,489

$92,366,911 $92,366,911 $148,169,258
$189,956 $29,203,771
$159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000
$112,489

972

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$112,489 $112,489 $249,148,658

$112,489 $112,489 $249,148,658

$112,489 $112,489 $249,148,658

178.1 Reduce funds for the appropriation in line 178.101. Temporary Assistance for Needy Families Grant CFDA93.558

($250,000)

($250,000)

($250,000)

178.100 -Child Welfare Services

Appropriation (HB 105)

The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and

strengthen the family.

TOTAL STATE FUNDS

$92,366,911 $92,366,911 $92,366,911

State General Funds

$92,366,911 $92,366,911 $92,366,911

TOTAL FEDERAL FUNDS

$147,919,258 $147,919,258 $147,919,258

CCDF Mandatory & Matching Funds CFDA93.596

$189,956

$189,956

$189,956

Foster Care Title IV-E CFDA93.658

$29,203,771 $29,203,771 $29,203,771

Medical Assistance Program CFDA93.778

$159,050

$159,050

$159,050

Social Services Block Grant CFDA93.667

$9,089,845

$9,089,845

$9,089,845

Temporary Assistance for Needy Families

$80,600,000 $80,600,000 $80,600,000

Temporary Assistance for Needy Families Grant CFDA93.558

$80,600,000 $80,600,000 $80,600,000

TOTAL AGENCY FUNDS

$8,500,000

$8,500,000

$8,500,000

Sales and Services

$8,500,000

$8,500,000

$8,500,000

Sales and Services Not Itemized

$8,500,000

$8,500,000

$8,500,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$112,489

$112,489

$112,489

State Funds Transfers

$112,489

$112,489

$112,489

Agency to Agency Contracts

$112,489

$112,489

$112,489

TOTAL PUBLIC FUNDS

$248,898,658 $248,898,658 $248,898,658

178.101 Special Project - Child Welfare Services: The purpose of this appropriation is to increase funds for Child Advocacy Centers.

Temporary Assistance for Needy Families Grant CFDA93.558

$250,000

$250,000

$250,000

Community Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS

$0 $0 $15,884,951 $15,884,951 $15,884,951

$0 $0 $15,884,951 $15,884,951 $15,884,951

$0 $0 $15,884,951 $15,884,951 $15,884,951

FRIDAY, FEBRUARY 22, 2013

973

179.100 -Community Services

Appropriation (HB 105)

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 FEDERAL FUNDS Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS

$15,884,951 $15,884,951 $15,884,951

$15,884,951 $15,884,951 $15,884,951

$15,884,951 $15,884,951 $15,884,951

Departmental Administration

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$37,586,501 $37,586,501 $47,368,168
$1,118,705 $209,161 $92,976
$5,697,821 $200,000
$4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736

$37,586,501 $37,586,501 $47,368,168
$1,118,705 $209,161 $92,976
$5,697,821 $200,000
$4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736

$37,586,501 $37,586,501 $47,368,168
$1,118,705 $209,161 $92,976
$5,697,821 $200,000
$4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736

180.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 180.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 180.3 Reduce funds for personnel. State General Funds 180.4 Reduce funds for operations. State General Funds

($1,475,827) ($1,475,827) ($1,475,827)

($8,906)

($8,906)

($8,906)

($339,543)

($339,543)

($339,543)

($86,266)

($86,266)

($86,266)

974

JOURNAL OF THE HOUSE

180.5 Reduce funds for information technology contracts.
State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Total Public Funds:

($717,450) ($107,687) ($110,950) ($936,087)

($717,450) ($107,687) ($110,950) ($936,087)

180.6 Reduce funds for information technology. State General Funds

($81,110)

($81,110)

180.7 Reduce funds added in HB742 (2012 Session) for the Liberty County Division of Family and Children Services (DFCS) Office.

State General Funds

($50,000)

180.8 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$2,000,000

($717,450) ($107,687) ($110,950) ($936,087)
($81,110)
($50,000)
$2,000,000

180.100-Departmental Administration

Appropriation (HB 105)

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 STATE FUNDS

$34,877,399 $36,827,399 $36,827,399

State General Funds

$34,877,399 $36,827,399 $36,827,399

TOTAL FEDERAL FUNDS

$47,041,845 $47,041,845 $47,041,845

CCDF Mandatory & Matching Funds CFDA93.596

$1,118,705

$1,118,705

$1,118,705

Child Care & Development Block Grant CFDA93.575

$209,161

$209,161

$209,161

Community Services Block Grant CFDA93.569

$92,976

$92,976

$92,976

Foster Care Title IV-E CFDA93.658

$5,590,134

$5,590,134

$5,590,134

Low-Income Home Energy Assistance CFDA93.568

$200,000

$200,000

$200,000

Medical Assistance Program CFDA93.778

$4,437,952

$4,437,952

$4,437,952

Social Services Block Grant CFDA93.667

$2,539,375

$2,539,375

$2,539,375

Temporary Assistance for Needy Families

$8,095,249

$8,095,249

$8,095,249

Temporary Assistance for Needy Families Grant CFDA93.558

$8,095,249

$8,095,249

$8,095,249

TOTAL AGENCY FUNDS

$15,288,067 $15,288,067 $15,288,067

Sales and Services

$15,288,067 $15,288,067 $15,288,067

Sales and Services Not Itemized

$15,288,067 $15,288,067 $15,288,067

TOTAL PUBLIC FUNDS

$97,207,311 $99,157,311 $99,157,311

Elder Abuse Investigations and Prevention

Continuation Budget

The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might

have occurred.

TOTAL STATE FUNDS State General Funds

$14,212,422 $14,212,422

$14,212,422 $14,212,422

$14,212,422 $14,212,422

FRIDAY, FEBRUARY 22, 2013

975

TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS

$3,573,433 $500,000
$2,279,539 $17,785,855

$3,573,433 $500,000
$2,279,539 $17,785,855

$3,573,433 $500,000
$2,279,539 $17,785,855

181.1 Reduce funds for personnel. State General Funds

($55,819)

($55,819)

($55,819)

181.100 -Elder Abuse Investigations and Prevention

Appropriation (HB 105)

The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might

have occurred.

TOTAL STATE FUNDS

$14,156,603 $14,156,603 $14,156,603

State General Funds

$14,156,603 $14,156,603 $14,156,603

TOTAL FEDERAL FUNDS

$3,573,433

$3,573,433

$3,573,433

Medical Assistance Program CFDA93.778

$500,000

$500,000

$500,000

Social Services Block Grant CFDA93.667

$2,279,539

$2,279,539

$2,279,539

TOTAL PUBLIC FUNDS

$17,730,036 $17,730,036 $17,730,036

Elder Community Living Services

Continuation Budget

The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS

$71,786,918 $66,713,041
$5,073,877 $41,416,802 $13,765,259
$3,761,430 $113,203,720

$71,786,918 $66,713,041
$5,073,877 $41,416,802 $13,765,259
$3,761,430 $113,203,720

$71,786,918 $66,713,041
$5,073,877 $41,416,802 $13,765,259
$3,761,430 $113,203,720

182.1 Reduce funds to reflect a revised expenditure projection for the Community Care Services Program.

State General Funds

($2,638,656)

($2,638,656)

($2,638,656)

182.100 -Elder Community Living Services

Appropriation (HB 105)

The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

TOTAL STATE FUNDS

$69,148,262 $69,148,262 $69,148,262

State General Funds

$64,074,385 $64,074,385 $64,074,385

Tobacco Settlement Funds

$5,073,877

$5,073,877

$5,073,877

TOTAL FEDERAL FUNDS

$41,416,802 $41,416,802 $41,416,802

Medical Assistance Program CFDA93.778

$13,765,259 $13,765,259 $13,765,259

976

JOURNAL OF THE HOUSE

Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS

$3,761,430

$3,761,430

$3,761,430

$110,565,064 $110,565,064 $110,565,064

Elder Support Services

Continuation Budget

The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition,

and other support and education services.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$2,854,249 $1,736,320 $1,117,929 $5,866,268 $8,720,517

$2,854,249 $1,736,320 $1,117,929 $5,866,268 $8,720,517

$2,854,249 $1,736,320 $1,117,929 $5,866,268 $8,720,517

183.100 -Elder Support Services

Appropriation (HB 105)

The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition,

and other support and education services.

TOTAL STATE FUNDS

$2,854,249

$2,854,249

$2,854,249

State General Funds

$1,736,320

$1,736,320

$1,736,320

Tobacco Settlement Funds

$1,117,929

$1,117,929

$1,117,929

TOTAL FEDERAL FUNDS

$5,866,268

$5,866,268

$5,866,268

TOTAL PUBLIC FUNDS

$8,720,517

$8,720,517

$8,720,517

Energy Assistance The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS

$0 $0 $51,201,001 $51,201,001 $51,201,001

$0 $0 $51,201,001 $51,201,001 $51,201,001

$0 $0 $51,201,001 $51,201,001 $51,201,001

184.100 -Energy Assistance The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

Appropriation (HB 105)

TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS

$51,201,001 $51,201,001 $51,201,001

$51,201,001 $51,201,001 $51,201,001

$51,201,001 $51,201,001 $51,201,001

FRIDAY, FEBRUARY 22, 2013

977

Family Violence Services

Continuation Budget

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide

education about family violence to communities across the state.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$11,802,450 $11,802,450
$2,083,044 $13,885,494

$11,802,450 $11,802,450
$2,083,044 $13,885,494

$11,802,450 $11,802,450
$2,083,044 $13,885,494

185.100 -Family Violence Services

Appropriation (HB 105)

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide

education about family violence to communities across the state.

TOTAL STATE FUNDS

$11,802,450 $11,802,450 $11,802,450

State General Funds

$11,802,450 $11,802,450 $11,802,450

TOTAL FEDERAL FUNDS

$2,083,044

$2,083,044

$2,083,044

TOTAL PUBLIC FUNDS

$13,885,494 $13,885,494 $13,885,494

Federal Eligibility Benefit Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$103,489,119 $103,489,119 $126,313,967
$900,000 $2,882,030
$365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755
$12,409 $12,409 $240,037,250

$103,489,119 $103,489,119 $126,313,967
$900,000 $2,882,030
$365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755
$12,409 $12,409 $240,037,250

$103,489,119 $103,489,119 $126,313,967
$900,000 $2,882,030
$365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755
$12,409 $12,409 $240,037,250

186.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($352,389)

($352,389)

($352,389)

978

JOURNAL OF THE HOUSE

186.100 -Federal Eligibility Benefit Services

Appropriation (HB 105)

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 STATE FUNDS

$103,136,730 $103,136,730 $103,136,730

State General Funds

$103,136,730 $103,136,730 $103,136,730

TOTAL FEDERAL FUNDS

$126,313,967 $126,313,967 $126,313,967

Child Care & Development Block Grant CFDA93.575

$900,000

$900,000

$900,000

Foster Care Title IV-E CFDA93.658

$2,882,030

$2,882,030

$2,882,030

Low-Income Home Energy Assistance CFDA93.568

$365,613

$365,613

$365,613

Medical Assistance Program CFDA93.778

$40,832,012 $40,832,012 $40,832,012

Temporary Assistance for Needy Families

$19,628,860 $19,628,860 $19,628,860

Temporary Assistance for Needy Families Grant CFDA93.558

$19,628,860 $19,628,860 $19,628,860

TOTAL AGENCY FUNDS

$10,234,164 $10,234,164 $10,234,164

Intergovernmental Transfers

$10,221,755 $10,221,755 $10,221,755

Intergovernmental Transfers Not Itemized

$10,221,755 $10,221,755 $10,221,755

Sales and Services

$12,409

$12,409

$12,409

Sales and Services Not Itemized

$12,409

$12,409

$12,409

TOTAL PUBLIC FUNDS

$239,684,861 $239,684,861 $239,684,861

Federal Fund Transfers to Other Agencies

Continuation Budget

The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible

expenditures under federal law.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

$0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

$0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

187.100 -Federal Fund Transfers to Other Agencies

Appropriation (HB 105)

The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible

expenditures under federal law.

TOTAL FEDERAL FUNDS Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

$61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

$61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

FRIDAY, FEBRUARY 22, 2013

979

Out of Home Care

Continuation Budget

The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or

abandonment.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$67,637,113 $67,637,113 $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,165,886

$67,637,113 $67,637,113 $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,165,886

$67,637,113 $67,637,113 $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,165,886

188.1 Reduce funds added in HB742 (2012 Session) for KidsPeace. State General Funds

($50,000)

($50,000)

($50,000)

188.2 Utilize surplus Temporary Assistance for Needy Families (TANF) funds for increase in out-of-home care utilization. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

188.100 -Out of Home Care

Appropriation (HB 105)

The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or

abandonment.

TOTAL STATE FUNDS

$67,587,113 $67,587,113 $67,587,113

State General Funds

$67,587,113 $67,587,113 $67,587,113

TOTAL FEDERAL FUNDS

$126,528,773 $126,528,773 $126,528,773

Foster Care Title IV-E CFDA93.658

$34,705,392 $34,705,392 $34,705,392

Temporary Assistance for Needy Families

$91,734,359 $91,734,359 $91,734,359

Temporary Assistance for Needy Families Grant CFDA93.558

$91,734,359 $91,734,359 $91,734,359

TOTAL PUBLIC FUNDS

$194,115,886 $194,115,886 $194,115,886

Refugee Assistance

Continuation Budget

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$0 $0 $8,749,006 $8,749,006

$0 $0 $8,749,006 $8,749,006

$0 $0 $8,749,006 $8,749,006

189.100 -Refugee Assistance

Appropriation (HB 105)

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

980

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$8,749,006 $8,749,006

$8,749,006 $8,749,006

$8,749,006 $8,749,006

Support for Needy Families - Basic Assistance

Continuation Budget

The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance

for Needy Families program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361

$100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361

$100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361

190.100 -Support for Needy Families - Basic Assistance

Appropriation (HB 105)

The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance

for Needy Families program.

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

State General Funds

$100,000

$100,000

$100,000

TOTAL FEDERAL FUNDS

$51,382,361 $51,382,361 $51,382,361

Temporary Assistance for Needy Families

$41,830,761 $41,830,761 $41,830,761

Temporary Assistance for Needy Families Grant CFDA93.558

$41,830,761 $41,830,761 $41,830,761

TANF Unobligated Balance per 42 USC 604

$9,551,600

$9,551,600

$9,551,600

TOTAL PUBLIC FUNDS

$51,482,361 $51,482,361 $51,482,361

Support for Needy Families - Work Assistance

Continuation Budget

The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with

Georgia's state plan for the federal Temporary Assistance for Needy Families program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$0 $0 $21,725,483 $21,363,310 $21,363,310 $21,725,483

$0 $0 $21,725,483 $21,363,310 $21,363,310 $21,725,483

$0 $0 $21,725,483 $21,363,310 $21,363,310 $21,725,483

191.100 -Support for Needy Families - Work Assistance

Appropriation (HB 105)

The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with

Georgia's state plan for the federal Temporary Assistance for Needy Families program.

FRIDAY, FEBRUARY 22, 2013

981

TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$21,725,483 $21,363,310 $21,363,310 $21,725,483

$21,725,483 $21,363,310 $21,363,310 $21,725,483

$21,725,483 $21,363,310 $21,363,310 $21,725,483

Council on Aging

Continuation Budget

The purpose of this appropriation is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy,

independent and self-reliant lives.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$205,127 $205,127 $205,127

$205,127 $205,127 $205,127

$205,127 $205,127 $205,127

192.1 Reduce funds for personnel. State General Funds

($6,154)

($6,154)

($6,154)

192.100 -Council on Aging

Appropriation (HB 105)

The purpose of this appropriation is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy,

independent and self-reliant lives.

TOTAL STATE FUNDS

$198,973

$198,973

$198,973

State General Funds

$198,973

$198,973

$198,973

TOTAL PUBLIC FUNDS

$198,973

$198,973

$198,973

Family Connection

Continuation Budget

The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$9,032,225 $9,032,225
$721,782 $721,782 $9,754,007

$9,032,225 $9,032,225
$721,782 $721,782 $9,754,007

$9,032,225 $9,032,225
$721,782 $721,782 $9,754,007

193.1 Reduce funds for personnel for two vacant positions. State General Funds
193.2 Replace funds. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($76,040)
($451,037) $451,037
$0

($76,040)
($451,037) $451,037
$0

($76,040)
($451,037) $451,037
$0

982

JOURNAL OF THE HOUSE

193.100 -Family Connection

Appropriation (HB 105)

The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families.

TOTAL STATE FUNDS

$8,505,148

$8,505,148

$8,505,148

State General Funds

$8,505,148

$8,505,148

$8,505,148

TOTAL FEDERAL FUNDS

$1,172,819

$1,172,819

$1,172,819

Medical Assistance Program CFDA93.778

$1,172,819

$1,172,819

$1,172,819

TOTAL PUBLIC FUNDS

$9,677,967

$9,677,967

$9,677,967

Georgia Vocational Rehabilitation Agency: Business Enterprise Program

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$267,655 $267,655 $2,311,624 $2,579,279

$267,655 $267,655 $2,311,624 $2,579,279

$267,655 $267,655 $2,311,624 $2,579,279

194.100 -Georgia Vocational Rehabilitation Agency: Business Enterprise Program

Appropriation (HB 105)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$267,655

$267,655

$267,655

State General Funds

$267,655

$267,655

$267,655

TOTAL FEDERAL FUNDS

$2,311,624

$2,311,624

$2,311,624

TOTAL PUBLIC FUNDS

$2,579,279

$2,579,279

$2,579,279

Georgia Vocational Rehabilitation Agency: Departmental Administration

Continuation Budget

The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful

employment.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$1,401,526 $1,401,526 $2,335,411 $3,736,937

$1,401,526 $1,401,526 $2,335,411 $3,736,937

$1,401,526 $1,401,526 $2,335,411 $3,736,937

195.1 Reduce funds for personnel. State General Funds

($152,667)

($152,667)

($152,667)

195.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful

employment.

FRIDAY, FEBRUARY 22, 2013

983

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$1,248,859 $1,248,859 $2,335,411 $3,584,270

$1,248,859 $1,248,859 $2,335,411 $3,584,270

$1,248,859 $1,248,859 $2,335,411 $3,584,270

Georgia Vocational Rehabilitation Agency: Disability Adjudication Section

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$0 $0 $55,598,820 $55,598,820

$0 $0 $55,598,820 $55,598,820

$0 $0 $55,598,820 $55,598,820

196.100 -Georgia Vocational Rehabilitation Agency: Disability Adjudication Section

Appropriation (HB 105)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$55,598,820 $55,598,820

$55,598,820 $55,598,820

$55,598,820 $55,598,820

Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind

Continuation Budget

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888

$0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888

$0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888

197.100 -Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind

Appropriation (HB 105)

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,828,888 $729,513 $729,513
$11,099,375 $11,099,375 $11,828,888

$11,828,888 $729,513 $729,513
$11,099,375 $11,099,375 $11,828,888

$11,828,888 $729,513 $729,513
$11,099,375 $11,099,375 $11,828,888

984

JOURNAL OF THE HOUSE

Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,484,053 $5,484,053 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429

Continuation Budget

$5,484,053 $5,484,053 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429

$5,484,053 $5,484,053 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429

198.1 Transfer funds from the Vocational Rehabilitation program to the Roosevelt Warm Springs Institute program to align budget with expenditures.

State General Funds

$145,431

$145,431

$145,431

198.2 Increase funds based on projected expenditures. State General Funds

$1,000,000

$0

198.100 -Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS

$5,629,484

State General Funds

$5,629,484

TOTAL FEDERAL FUNDS

$6,994,089

TOTAL AGENCY FUNDS

$18,888,287

Sales and Services

$18,888,287

Sales and Services Not Itemized

$18,888,287

TOTAL PUBLIC FUNDS

$31,511,860

Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,031,299 $13,031,299 $65,667,153
$806,216 $806,216 $806,216 $79,504,668

Appropriation (HB 105)

$6,629,484 $6,629,484 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $32,511,860

$5,629,484 $5,629,484 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,511,860

Continuation Budget

$13,031,299 $13,031,299 $65,667,153
$806,216 $806,216 $806,216 $79,504,668

$13,031,299 $13,031,299 $65,667,153
$806,216 $806,216 $806,216 $79,504,668

FRIDAY, FEBRUARY 22, 2013

985

199.1 Reduce funds for personnel. State General Funds

($390,567)

($390,567)

($390,567)

199.2 Transfer funds from the Vocational Rehabilitation program to the Roosevelt Warm Springs Institute program to align budget with expenditures.

State General Funds

($145,431)

($145,431)

($145,431)

199.100 -Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS
State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,495,301 $12,495,301 $65,667,153
$806,216 $806,216 $806,216 $78,968,670

Appropriation (HB 105)

$12,495,301 $12,495,301 $65,667,153
$806,216 $806,216 $806,216 $78,968,670

$12,495,301 $12,495,301 $65,667,153
$806,216 $806,216 $806,216 $78,968,670

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 Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Section 28: Insurance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services

Section Total - Continuation $18,967,615 $18,967,615 $2,126,966 $15,426 $15,426

$18,967,615 $18,967,615
$2,126,966 $15,426 $15,426

$18,967,615 $18,967,615
$2,126,966 $15,426 $15,426

986

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$15,426 $81,806 $81,806 $81,806 $21,191,813

$15,426 $81,806 $81,806 $81,806 $21,191,813

$15,426 $81,806 $81,806 $81,806 $21,191,813

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $19,109,823 $19,109,823 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,334,021

$18,964,945 $18,964,945
$2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806
$21,189,143

$18,964,945 $18,964,945
$2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806
$21,189,143

Departmental Administration

Continuation Budget

The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a

fire safe environment.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,699,506 $1,699,506 $1,699,506

$1,699,506 $1,699,506 $1,699,506

$1,699,506 $1,699,506 $1,699,506

200.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
200.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$8,605 ($397)

$8,605 ($397)

$8,605 ($397)

200.100-Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a

fire safe environment.

TOTAL STATE FUNDS

$1,707,714

$1,707,714

$1,707,714

State General Funds

$1,707,714

$1,707,714

$1,707,714

TOTAL PUBLIC FUNDS

$1,707,714

$1,707,714

$1,707,714

FRIDAY, FEBRUARY 22, 2013

987

Enforcement

Continuation Budget

The purpose of this appropriation is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law

relating to insurance, industrial loan, fire safety, and fraud.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$743,485 $743,485 $743,485

$743,485 $743,485 $743,485

$743,485 $743,485 $743,485

201.100 -Enforcement

Appropriation (HB 105)

The purpose of this appropriation is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law

relating to insurance, industrial loan, fire safety, and fraud.

TOTAL STATE FUNDS

$743,485

$743,485

$743,485

State General Funds

$743,485

$743,485

$743,485

TOTAL PUBLIC FUNDS

$743,485

$743,485

$743,485

Fire Safety

Continuation Budget

The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life

and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing,

and regulating the storage, transportation, and handling of hazardous materials.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$7,403,077 $7,403,077 $1,123,107
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416

$7,403,077 $7,403,077 $1,123,107
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416

$7,403,077 $7,403,077 $1,123,107
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416

202.1 Reduce funds for personnel. State General Funds
202.2 Eliminate funds for the Department of Labor contract for information technology services. State General Funds
202.3 Reduce funds for operations. State General Funds

($223,667) ($28,047) ($8,332)

($223,667) ($28,047) ($8,332)

($223,667) ($28,047) ($8,332)

988

JOURNAL OF THE HOUSE

202.4 Reduce funds to align budget with expenditures. State General Funds

($144,832)

($144,832)

($144,832)

202.100 -Fire Safety

Appropriation (HB 105)

The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life

and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing,

and regulating the storage, transportation, and handling of hazardous materials.

TOTAL STATE FUNDS

$6,998,199

$6,998,199

$6,998,199

State General Funds

$6,998,199

$6,998,199

$6,998,199

TOTAL FEDERAL FUNDS

$1,123,107

$1,123,107

$1,123,107

TOTAL AGENCY FUNDS

$15,426

$15,426

$15,426

Sales and Services

$15,426

$15,426

$15,426

Sales and Services Not Itemized

$15,426

$15,426

$15,426

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,806

$81,806

$81,806

State Funds Transfers

$81,806

$81,806

$81,806

Agency to Agency Contracts

$81,806

$81,806

$81,806

TOTAL PUBLIC FUNDS

$8,218,538

$8,218,538

$8,218,538

Industrial Loan

Continuation Budget

The purpose of this appropriation is to protect consumers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or

less.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$646,000 $646,000 $646,000

$646,000 $646,000 $646,000

$646,000 $646,000 $646,000

203.100 -Industrial Loan

Appropriation (HB 105)

The purpose of this appropriation is to protect consumers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or

less.

TOTAL STATE FUNDS

$646,000

$646,000

$646,000

State General Funds

$646,000

$646,000

$646,000

TOTAL PUBLIC FUNDS

$646,000

$646,000

$646,000

Insurance Regulation

Continuation Budget

The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market

examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and

disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

TOTAL STATE FUNDS State General Funds

$5,037,835 $5,037,835

$5,037,835 $5,037,835

$5,037,835 $5,037,835

FRIDAY, FEBRUARY 22, 2013

989

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$1,003,859 $6,041,694

$1,003,859 $6,041,694

$1,003,859 $6,041,694

204.1 Reduce funds for personnel. State General Funds

($61,122)

($206,000)

($206,000)

204.100 -Insurance Regulation

Appropriation (HB 105)

The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market

examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and

disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

TOTAL STATE FUNDS

$4,976,713

$4,831,835

$4,831,835

State General Funds

$4,976,713

$4,831,835

$4,831,835

TOTAL FEDERAL FUNDS

$1,003,859

$1,003,859

$1,003,859

TOTAL PUBLIC FUNDS

$5,980,572

$5,835,694

$5,835,694

Special Fraud The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,437,712 $3,437,712 $3,437,712

$3,437,712 $3,437,712 $3,437,712

$3,437,712 $3,437,712 $3,437,712

205.1 Increase funds to reflect increased assessments on insurance providers to provide for additional fraud detection coverage.

State General Funds

$600,000

$600,000

$600,000

205.100 -Special Fraud The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$4,037,712 $4,037,712 $4,037,712

Appropriation (HB 105)

$4,037,712 $4,037,712 $4,037,712

$4,037,712 $4,037,712 $4,037,712

Section 29: Investigation, Georgia Bureau of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services

Section Total - Continuation $80,216,268 $80,216,268 $27,148,061 $20,892,198 $20,892,198

$80,216,268 $80,216,268 $27,148,061 $20,892,198 $20,892,198

$80,216,268 $80,216,268 $27,148,061 $20,892,198 $20,892,198

990

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$20,892,198 $20,892,198 $20,892,198 $128,256,527 $128,256,527 $128,256,527

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $79,472,917 $79,472,917 $27,148,061 $22,532,237 $22,532,237 $22,532,237 $129,153,215

$79,005,139 $79,005,139 $27,148,061 $22,487,237 $22,487,237 $22,487,237 $128,640,437

$79,295,516 $79,295,516 $27,148,061 $22,487,237 $22,487,237 $22,487,237 $128,930,814

Bureau Administration

Continuation Budget

The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining

law and order and protecting life and property.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$7,275,139 $7,275,139
$30,000 $7,305,139

$7,275,139 $7,275,139
$30,000 $7,305,139

$7,275,139 $7,275,139
$30,000 $7,305,139

206.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 206.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 206.3 Reduce funds for contracts. State General Funds 206.4 Reduce funds for personnel. State General Funds

$1,048,486

$1,048,486

$1,048,486

($57,982)

($5,928)

($5,928)

($69,684)

$0

($69,684)

($50,000)

$0

206.100 -Bureau Administration

Appropriation (HB 105)

The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining

law and order and protecting life and property.

TOTAL STATE FUNDS

$8,195,959

$8,267,697

$8,248,013

State General Funds

$8,195,959

$8,267,697

$8,248,013

TOTAL FEDERAL FUNDS

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$8,225,959

$8,297,697

$8,278,013

FRIDAY, FEBRUARY 22, 2013

991

Criminal Justice Information Services

Continuation Budget

The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated

Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender

Registry, and the Uniform Crime Reporting Program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,153,521 $6,153,521
$181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319

$6,153,521 $6,153,521
$181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319

$6,153,521 $6,153,521
$181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319

207.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($45,557)

207.2 Replace funds for operations and reflect a mid-year increase in Criminal Background Check Fees by $7.00.

State General Funds Sales and Services Not Itemized Total Public Funds:

($1,640,039) $1,640,039
$0

($17,796)
($1,595,039) $1,595,039
$0

($17,796)
($1,595,039) $1,595,039
$0

207.100 -Criminal Justice Information Services

Appropriation (HB 105)

The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated

Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender

Registry, and the Uniform Crime Reporting Program.

TOTAL STATE FUNDS

$4,467,925

$4,540,686

$4,540,686

State General Funds

$4,467,925

$4,540,686

$4,540,686

TOTAL FEDERAL FUNDS

$181,425

$181,425

$181,425

TOTAL AGENCY FUNDS

$5,619,412

$5,574,412

$5,574,412

Sales and Services

$5,619,412

$5,574,412

$5,574,412

Sales and Services Not Itemized

$5,619,412

$5,574,412

$5,574,412

TOTAL PUBLIC FUNDS

$10,268,762 $10,296,523 $10,296,523

Forensic Scientific Services

Continuation Budget

The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic

biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal

justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN.

TOTAL STATE FUNDS State General Funds

$26,558,210 $26,558,210

$26,558,210 $26,558,210

$26,558,210 $26,558,210

992

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$81,131 $157,865 $157,865 $157,865 $26,797,206

$81,131 $157,865 $157,865 $157,865 $26,797,206

$81,131 $157,865 $157,865 $157,865 $26,797,206

208.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
208.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
208.3 Reduce funds for personnel. State General Funds

$300,000 ($149,096)
($96,055)

$300,000 ($99,828) ($96,055)

$300,000 ($99,828) ($96,055)

208.100 -Forensic Scientific Services

Appropriation (HB 105)

The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic

biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal

justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN.

TOTAL STATE FUNDS

$26,613,059 $26,662,327 $26,662,327

State General Funds

$26,613,059 $26,662,327 $26,662,327

TOTAL FEDERAL FUNDS

$81,131

$81,131

$81,131

TOTAL AGENCY FUNDS

$157,865

$157,865

$157,865

Sales and Services

$157,865

$157,865

$157,865

Sales and Services Not Itemized

$157,865

$157,865

$157,865

TOTAL PUBLIC FUNDS

$26,852,055 $26,901,323 $26,901,323

Regional Investigative Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$28,244,689 $28,244,689
$1,240,883 $204,682 $204,682 $204,682
$29,690,254

$28,244,689 $28,244,689
$1,240,883 $204,682 $204,682 $204,682
$29,690,254

$28,244,689 $28,244,689
$1,240,883 $204,682 $204,682 $204,682
$29,690,254

FRIDAY, FEBRUARY 22, 2013

993

209.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$300,000

$300,000

209.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($161,521)

($18,444)

209.3 Reduce funds for personnel. State General Funds

($109,503)

($109,503)

209.4 Reduce funds for telecommunications by eliminating landlines for staff employees who have business cell phones.

State General Funds

($55,877)

($9,313)

$300,000 ($18,444) ($109,503) ($37,252)

209.100 -Regional Investigative Services

Appropriation (HB 105)

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 STATE FUNDS

$28,217,788 $28,407,429 $28,379,490

State General Funds

$28,217,788 $28,407,429 $28,379,490

TOTAL FEDERAL FUNDS

$1,240,883

$1,240,883

$1,240,883

TOTAL AGENCY FUNDS

$204,682

$204,682

$204,682

Sales and Services

$204,682

$204,682

$204,682

Sales and Services Not Itemized

$204,682

$204,682

$204,682

TOTAL PUBLIC FUNDS

$29,663,353 $29,852,994 $29,825,055

Criminal Justice Coordinating Council

Continuation Budget

The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award

grants.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,984,709 $11,984,709 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609

$11,984,709 $11,984,709 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609

$11,984,709 $11,984,709 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609

210.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$4,008

$4,008

$4,008

994

JOURNAL OF THE HOUSE

210.2 Reduce funds for temporary labor contracts. State General Funds
210.3 Reduce funds to reflect projected Accountability Court expenditures. State General Funds

($10,531)

($10,531) ($851,186)

($10,531) ($513,186)

210.100 -Criminal Justice Coordinating Council

Appropriation (HB 105)

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 STATE FUNDS

$11,978,186 $11,127,000 $11,465,000

State General Funds

$11,978,186 $11,127,000 $11,465,000

TOTAL FEDERAL FUNDS

$25,614,622 $25,614,622 $25,614,622

TOTAL AGENCY FUNDS

$16,550,278 $16,550,278 $16,550,278

Sales and Services

$16,550,278 $16,550,278 $16,550,278

Sales and Services Not Itemized

$16,550,278 $16,550,278 $16,550,278

TOTAL PUBLIC FUNDS

$54,143,086 $53,291,900 $53,629,900

Section 30: Juvenile Justice, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

Section Total - Continuation $300,747,134 $300,747,134 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,619,016

$300,747,134 $300,747,134
$1,524,955 $81,085 $81,085 $81,085
$5,265,842 $5,265,842 $1,531,226
$351,158 $3,383,458 $307,619,016

$300,747,134 $300,747,134
$1,524,955 $81,085 $81,085 $81,085
$5,265,842 $5,265,842 $1,531,226
$351,158 $3,383,458 $307,619,016

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Final $292,465,916 $292,465,916 $1,524,955 $81,085 $81,085 $81,085 $5,265,842

$292,465,916 $292,465,916
$1,524,955 $81,085 $81,085 $81,085
$5,265,842

$292,465,916 $292,465,916
$1,524,955 $81,085 $81,085 $81,085
$5,265,842

FRIDAY, FEBRUARY 22, 2013

995

Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$5,265,842 $1,531,226
$351,158 $3,383,458 $299,337,798

$5,265,842 $1,531,226
$351,158 $3,383,458 $299,337,798

$5,265,842 $1,531,226
$351,158 $3,383,458 $299,337,798

Community Services

Continuation Budget

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition

youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a

short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$88,760,377 $88,760,377
$1,724,638 $1,724,638 $1,373,480
$351,158 $90,485,015

$88,760,377 $88,760,377
$1,724,638 $1,724,638 $1,373,480
$351,158 $90,485,015

$88,760,377 $88,760,377
$1,724,638 $1,724,638 $1,373,480
$351,158 $90,485,015

211.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$189,496

$189,496

$189,496

211.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($2,315)

($2,315)

($2,315)

211.3 Reduce funds for personnel. State General Funds

($803,574)

($803,574)

($803,574)

211.4 Reduce funds for contracts in low utilization programs. State General Funds

($4,881,867) ($4,881,867) ($4,881,867)

211.5 Reduce funds for contracts by switching 114 non-secure detention monitoring slots not in independent court districts to active GPS monitoring.

State General Funds

($696,811)

($696,811)

($696,811)

211.99

SAC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. House: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding

996

JOURNAL OF THE HOUSE

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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. Governor: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management.

State General Funds

$0

$0

$0

211.100 -Community Services

Appropriation (HB 105)

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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally,

Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those

youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case

management.

TOTAL STATE FUNDS

$82,565,306 $82,565,306 $82,565,306

State General Funds

$82,565,306 $82,565,306 $82,565,306

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,724,638

$1,724,638

$1,724,638

Federal Funds Transfers

$1,724,638

$1,724,638

$1,724,638

FF Foster Care Title IV-E CFDA93.658

$1,373,480

$1,373,480

$1,373,480

FF Medical Assistance Program CFDA93.778

$351,158

$351,158

$351,158

TOTAL PUBLIC FUNDS

$84,289,944 $84,289,944 $84,289,944

Departmental Administration

Continuation Budget

The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery

of effective services in appropriate settings.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers

$26,944,170 $26,944,170
$376,837 $15,299 $15,299 $15,299 $157,746 $157,746

$26,944,170 $26,944,170
$376,837 $15,299 $15,299 $15,299 $157,746 $157,746

$26,944,170 $26,944,170
$376,837 $15,299 $15,299 $15,299 $157,746 $157,746

FRIDAY, FEBRUARY 22, 2013

997

FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

$157,746 $27,494,052

$157,746 $27,494,052

$157,746 $27,494,052

212.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
212.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
212.3 Reduce funds for personnel. State General Funds

$227,725 ($6,693)
($301,030)

$227,725 ($6,693)
($301,030)

$227,725 ($6,693)
($301,030)

212.100-Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery

of effective services in appropriate settings.

TOTAL STATE FUNDS

$26,864,172 $26,864,172 $26,864,172

State General Funds

$26,864,172 $26,864,172 $26,864,172

TOTAL FEDERAL FUNDS

$376,837

$376,837

$376,837

TOTAL AGENCY FUNDS

$15,299

$15,299

$15,299

Sales and Services

$15,299

$15,299

$15,299

Sales and Services Not Itemized

$15,299

$15,299

$15,299

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$157,746

$157,746

$157,746

Federal Funds Transfers

$157,746

$157,746

$157,746

FF Foster Care Title IV-E CFDA93.658

$157,746

$157,746

$157,746

TOTAL PUBLIC FUNDS

$27,414,054 $27,414,054 $27,414,054

Secure Commitment (YDCs)

Continuation Budget

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth

including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody,

sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers

$81,513,332 $81,513,332
$1,089,360 $23,589 $23,589 $23,589
$1,554,610 $1,554,610

$81,513,332 $81,513,332
$1,089,360 $23,589 $23,589 $23,589
$1,554,610 $1,554,610

$81,513,332 $81,513,332
$1,089,360 $23,589 $23,589 $23,589
$1,554,610 $1,554,610

998

JOURNAL OF THE HOUSE

FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS

$1,554,610 $84,180,891

$1,554,610 $84,180,891

$1,554,610 $84,180,891

213.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$83,371

$83,371

$83,371

213.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($45,066)

($45,066)

($45,066)

213.3 Reduce funds for personnel. State General Funds

($729,574)

($729,574)

($729,574)

213.4 Reduce funds for personnel by eliminating two recreation staff positions at Eastman Youth Development Campus (YDC) effective January 1, 2013.

State General Funds

($29,575)

($29,575)

($29,575)

213.5 Reduce funds for operations related to education services at multiple Youth Development Campuses (YDCs).

State General Funds

($483,670)

($483,670)

($483,670)

213.100 -Secure Commitment (YDCs)

Appropriation (HB 105)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth

including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody,

sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

TOTAL STATE FUNDS

$80,308,818 $80,308,818 $80,308,818

State General Funds

$80,308,818 $80,308,818 $80,308,818

TOTAL FEDERAL FUNDS

$1,089,360

$1,089,360

$1,089,360

TOTAL AGENCY FUNDS

$23,589

$23,589

$23,589

Sales and Services

$23,589

$23,589

$23,589

Sales and Services Not Itemized

$23,589

$23,589

$23,589

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,554,610

$1,554,610

$1,554,610

Federal Funds Transfers

$1,554,610

$1,554,610

$1,554,610

FF National School Lunch Program CFDA10.555

$1,554,610

$1,554,610

$1,554,610

TOTAL PUBLIC FUNDS

$82,976,377 $82,976,377 $82,976,377

Secure Detention (RYDCs)

Continuation Budget

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of

youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement

in one of the Department's treatment programs or facilities.

TOTAL STATE FUNDS State General Funds

$103,529,255 $103,529,255 $103,529,255 $103,529,255 $103,529,255 $103,529,255

FRIDAY, FEBRUARY 22, 2013

999

TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058

$58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058

$58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058

214.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
214.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
214.3 Reduce funds for personnel. State General Funds

$111,080 ($46,118) ($866,597)

$111,080 ($46,118) ($866,597)

$111,080 ($46,118) ($866,597)

214.100 -Secure Detention (RYDCs)

Appropriation (HB 105)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of

youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement

in one of the Department's treatment programs or facilities.

TOTAL STATE FUNDS

$102,727,620 $102,727,620 $102,727,620

State General Funds

$102,727,620 $102,727,620 $102,727,620

TOTAL FEDERAL FUNDS

$58,758

$58,758

$58,758

TOTAL AGENCY FUNDS

$42,197

$42,197

$42,197

Sales and Services

$42,197

$42,197

$42,197

Sales and Services Not Itemized

$42,197

$42,197

$42,197

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,828,848

$1,828,848

$1,828,848

Federal Funds Transfers

$1,828,848

$1,828,848

$1,828,848

FF National School Lunch Program CFDA10.555

$1,828,848

$1,828,848

$1,828,848

TOTAL PUBLIC FUNDS

$104,657,423 $104,657,423 $104,657,423

Section 31: Labor, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers

Section Total - Continuation $14,406,411 $14,406,411 $122,284,919 $140,273 $140,273

$14,406,411 $14,406,411 $122,284,919
$140,273 $140,273

$14,406,411 $14,406,411 $122,284,919
$140,273 $140,273

1000

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$140,273

$140,273

$140,273

$136,831,603 $136,831,603 $136,831,603

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $13,735,317 $13,735,317 $122,284,919 $140,273 $140,273 $140,273 $136,160,509

$13,735,317 $13,735,317 $122,284,919
$140,273 $140,273 $140,273 $136,160,509

$13,735,317 $13,735,317 $122,284,919
$140,273 $140,273 $140,273 $136,160,509

Department of Labor Administration

Continuation Budget

The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic

prosperity.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,818,382 $1,818,382 $31,312,292
$140,273 $140,273 $140,273 $33,270,947

$1,818,382 $1,818,382 $31,312,292
$140,273 $140,273 $140,273 $33,270,947

$1,818,382 $1,818,382 $31,312,292
$140,273 $140,273 $140,273 $33,270,947

215.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 215.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 215.3 Reduce funds for personnel and eliminate one filled position. State General Funds 215.4 Reduce funds for operations. State General Funds

($1,877) ($5,590) ($171,736) ($286,931)

($1,877) ($5,590) ($171,736) ($286,931)

($1,877) ($5,590) ($171,736) ($286,931)

215.100-Department of Labor Administration

Appropriation (HB 105)

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.

FRIDAY, FEBRUARY 22, 2013

1001

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,352,248 $1,352,248 $31,312,292
$140,273 $140,273 $140,273 $32,804,813

$1,352,248 $1,352,248 $31,312,292
$140,273 $140,273 $140,273 $32,804,813

$1,352,248 $1,352,248 $31,312,292
$140,273 $140,273 $140,273 $32,804,813

Labor Market Information

Continuation Budget

The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the stateTMs labor market.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$0 $0 $2,249,873 $2,249,873

$0 $0 $2,249,873 $2,249,873

$0 $0 $2,249,873 $2,249,873

216.100 -Labor Market Information

Appropriation (HB 105)

The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the stateTMs labor market.

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$2,249,873 $2,249,873

$2,249,873 $2,249,873

$2,249,873 $2,249,873

Unemployment Insurance

Continuation Budget

The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and

distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$5,789,691 $5,789,691 $49,173,186 $54,962,877

$5,789,691 $5,789,691 $49,173,186 $54,962,877

$5,789,691 $5,789,691 $49,173,186 $54,962,877

217.100 -Unemployment Insurance

Appropriation (HB 105)

The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and

distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS

$5,789,691

$5,789,691

$5,789,691

State General Funds

$5,789,691

$5,789,691

$5,789,691

TOTAL FEDERAL FUNDS

$49,173,186 $49,173,186 $49,173,186

TOTAL PUBLIC FUNDS

$54,962,877 $54,962,877 $54,962,877

1002

JOURNAL OF THE HOUSE

Workforce Solutions

Continuation Budget

The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$6,798,338 $6,798,338 $39,549,568 $46,347,906

$6,798,338 $6,798,338 $39,549,568 $46,347,906

$6,798,338 $6,798,338 $39,549,568 $46,347,906

218.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
218.2 Reduce funds for personnel for four filled positions. State General Funds

($1,010) ($203,950)

($1,010) ($203,950)

($1,010) ($203,950)

218.100 -Workforce Solutions

Appropriation (HB 105)

The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development.

TOTAL STATE FUNDS

$6,593,378

$6,593,378

$6,593,378

State General Funds

$6,593,378

$6,593,378

$6,593,378

TOTAL FEDERAL FUNDS

$39,549,568 $39,549,568 $39,549,568

TOTAL PUBLIC FUNDS

$46,142,946 $46,142,946 $46,142,946

Section 32: Law, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases
TOTAL PUBLIC FUNDS

Section Total - Continuation $18,838,265 $18,838,265 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,813,688

$18,838,265 $18,838,265
$3,597,990 $272,051 $272,051 $272,051
$37,105,382 $37,105,382
$788,308 $34,350,000
$1,967,074 $59,813,688

$18,838,265 $18,838,265
$3,597,990 $272,051 $272,051 $272,051
$37,105,382 $37,105,382
$788,308 $34,350,000
$1,967,074 $59,813,688

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Final $18,777,783 $18,777,783 $3,597,990

$18,777,783 $18,777,783
$3,597,990

$18,777,783 $18,777,783
$3,597,990

FRIDAY, FEBRUARY 22, 2013

1003

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases
TOTAL PUBLIC FUNDS

$272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,753,206

$272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,753,206

$272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,753,206

Law, Department of

Continuation Budget

The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide

binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in

which the state of Georgia is involved.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases
TOTAL PUBLIC FUNDS

$17,702,607 $17,702,607
$269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,077,929

$17,702,607 $17,702,607
$269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,077,929

$17,702,607 $17,702,607
$269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,077,929

219.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
219.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($55,396) ($269)

($55,396) ($269)

($55,396) ($269)

219.100 -Law, Department of

Appropriation (HB 105)

The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide

binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in

which the state of Georgia is involved.

TOTAL STATE FUNDS

$17,646,942 $17,646,942 $17,646,942

State General Funds

$17,646,942 $17,646,942 $17,646,942

TOTAL AGENCY FUNDS

$269,940

$269,940

$269,940

1004

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases
TOTAL PUBLIC FUNDS

$269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,022,264

$269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,022,264

$269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,022,264

Medicaid Fraud Control Unit

Continuation Budget

The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud

the Medicaid Program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,135,658 $1,135,658 $3,597,990
$2,111 $2,111 $2,111 $4,735,759

$1,135,658 $1,135,658 $3,597,990
$2,111 $2,111 $2,111 $4,735,759

$1,135,658 $1,135,658 $3,597,990
$2,111 $2,111 $2,111 $4,735,759

220.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($4,817)

($4,817)

($4,817)

220.100 -Medicaid Fraud Control Unit

Appropriation (HB 105)

The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud

the Medicaid Program.

TOTAL STATE FUNDS

$1,130,841

$1,130,841

$1,130,841

State General Funds

$1,130,841

$1,130,841

$1,130,841

TOTAL FEDERAL FUNDS

$3,597,990

$3,597,990

$3,597,990

TOTAL AGENCY FUNDS

$2,111

$2,111

$2,111

Sales and Services

$2,111

$2,111

$2,111

Sales and Services Not Itemized

$2,111

$2,111

$2,111

TOTAL PUBLIC FUNDS

$4,730,942

$4,730,942

$4,730,942

Section 33: Natural Resources, Department of
TOTAL STATE FUNDS State General Funds

Section Total - Continuation $92,055,099 $92,055,099

$92,055,099 $92,055,099

$92,055,099 $92,055,099

FRIDAY, FEBRUARY 22, 2013

1005

TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services

$54,101,622 $11,607
$107,279,338 $541,002 $541,002 $115,313 $115,313
$2,232,646 $2,232,646
$3,657 $3,657 $56,953 $56,953 $104,220,326 $103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $253,466,059

$54,101,622 $11,607
$107,279,338 $541,002 $541,002 $115,313 $115,313
$2,232,646 $2,232,646
$3,657 $3,657 $56,953 $56,953 $104,220,326 $103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $253,466,059

$54,101,622 $11,607
$107,279,338 $541,002 $541,002 $115,313 $115,313
$2,232,646 $2,232,646
$3,657 $3,657 $56,953 $56,953 $104,220,326 $103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $253,466,059

Section Total - Final $89,928,002 $89,928,002 $54,101,622 $11,607 $107,279,338 $541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326

$89,928,002 $89,928,002 $54,101,622
$11,607 $107,279,338
$541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646
$3,657 $3,657 $56,953 $56,953 $104,220,326

$89,928,002 $89,928,002 $54,101,622
$11,607 $107,279,338
$541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646
$3,657 $3,657 $56,953 $56,953 $104,220,326

1006

JOURNAL OF THE HOUSE

Sales and Services Not Itemized Specialty License Plate Revenues Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS

$103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000
$251,338,962

$103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000
$251,338,962

$103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000
$251,338,962

Coastal Resources

Continuation Budget

The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by

balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within

the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and

recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$2,114,490 $2,114,490 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482

$2,114,490 $2,114,490 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482

$2,114,490 $2,114,490 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482

221.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
221.2 Reduce funds for operations and replace with federal funds. State General Funds
221.3 Reduce funds for operations. State General Funds

$17,212 ($69,698) ($20,000)

$17,212 ($69,698) ($20,000)

$17,212 ($69,698) ($20,000)

221.100 -Coastal Resources

Appropriation (HB 105)

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.

FRIDAY, FEBRUARY 22, 2013

1007

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$2,042,004 $2,042,004 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,622,996

Departmental Administration The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,559,274 $11,559,274
$110,000 $39,065 $39,065 $39,065 $11,708,339

$2,042,004 $2,042,004 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,622,996

$2,042,004 $2,042,004 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,622,996

Continuation Budget

$11,559,274 $11,559,274
$110,000 $39,065 $39,065 $39,065 $11,708,339

$11,559,274 $11,559,274
$110,000 $39,065 $39,065 $39,065 $11,708,339

222.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
222.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
222.3 Reduce funds for operations. State General Funds

$91,583 ($147,804)
($45,896)

$91,583 ($147,804)
($45,896)

$91,583 ($147,804)
($45,896)

222.100-Departmental Administration

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$11,457,157

State General Funds

$11,457,157

TOTAL FEDERAL FUNDS

$110,000

TOTAL AGENCY FUNDS

$39,065

Sales and Services

$39,065

Sales and Services Not Itemized

$39,065

TOTAL PUBLIC FUNDS

$11,606,222

Appropriation (HB 105)

$11,457,157 $11,457,157
$110,000 $39,065 $39,065 $39,065 $11,606,222

$11,457,157 $11,457,157
$110,000 $39,065 $39,065 $39,065 $11,606,222

1008

JOURNAL OF THE HOUSE

Environmental Protection

Continuation Budget

The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and

area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to

protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid

Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to

protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to

manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental

emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and

quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by

regulating the amount of water used.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$25,928,053 $25,928,053 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187

$25,928,053 $25,928,053 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187

$25,928,053 $25,928,053 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187

223.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 223.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 223.3 Reduce funds for personnel and eliminate six vacant positions. State General Funds 223.4 Reduce funds for contracts. State General Funds

$201,686 ($4,148)
($606,391) ($240,000)

$201,686 ($4,148)
($606,391) ($240,000)

$201,686 ($4,148)
($606,391) ($240,000)

223.100 -Environmental Protection

Appropriation (HB 105)

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

FRIDAY, FEBRUARY 22, 2013

1009

quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by

regulating the amount of water used.

TOTAL STATE FUNDS

$25,279,200 $25,279,200 $25,279,200

State General Funds

$25,279,200 $25,279,200 $25,279,200

TOTAL FEDERAL FUNDS

$32,861,619 $32,861,619 $32,861,619

TOTAL AGENCY FUNDS

$56,778,515 $56,778,515 $56,778,515

Sales and Services

$56,778,515 $56,778,515 $56,778,515

Sales and Services Not Itemized

$56,778,515 $56,778,515 $56,778,515

TOTAL PUBLIC FUNDS

$114,919,334 $114,919,334 $114,919,334

Hazardous Waste Trust Fund

Continuation Budget

The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost-sharing requirements for

Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection

Division, and to reimburse local governments for landfill remediation.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,397,423 $3,397,423 $3,397,423

$3,397,423 $3,397,423 $3,397,423

$3,397,423 $3,397,423 $3,397,423

224.1 Retain 100% of funds and utilize for clean-up activities, local government reimbursement requests, and operations. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

224.100 -Hazardous Waste Trust Fund

Appropriation (HB 105)

The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost-sharing requirements for

Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection

Division, and to reimburse local governments for landfill remediation.

TOTAL STATE FUNDS

$3,397,423

$3,397,423

$3,397,423

State General Funds

$3,397,423

$3,397,423

$3,397,423

TOTAL PUBLIC FUNDS

$3,397,423

$3,397,423

$3,397,423

Historic Preservation

Continuation Budget

The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all

historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building

owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$1,306,663 $1,306,663 $1,020,787

$1,306,663 $1,306,663 $1,020,787

$1,306,663 $1,306,663 $1,020,787

1010

JOURNAL OF THE HOUSE

Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

$11,607 $2,327,450

$11,607 $2,327,450

$11,607 $2,327,450

225.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
225.2 Reduce funds for personnel and replace with federal funds. State General Funds

$11,279 ($18,316)

$11,279 ($18,316)

$11,279 ($18,316)

225.100 -Historic Preservation

Appropriation (HB 105)

The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all

historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building

owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research.

TOTAL STATE FUNDS

$1,299,626

$1,299,626

$1,299,626

State General Funds

$1,299,626

$1,299,626

$1,299,626

TOTAL FEDERAL FUNDS

$1,020,787

$1,020,787

$1,020,787

Federal Highway Admin.-Planning & Construction CFDA20.205

$11,607

$11,607

$11,607

TOTAL PUBLIC FUNDS

$2,320,413

$2,320,413

$2,320,413

Parks, Recreation and Historic Sites

Continuation Budget

The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,696,318 $13,696,318
$1,704,029 $41,480,954
$360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301

$13,696,318 $13,696,318
$1,704,029 $41,480,954
$360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301

$13,696,318 $13,696,318
$1,704,029 $41,480,954
$360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301

226.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
226.2 Reduce funds for operations. State General Funds

$108,177 ($62,073)

$108,177 ($62,073)

$108,177 ($62,073)

FRIDAY, FEBRUARY 22, 2013

1011

226.3 Reduce funds for personnel and eliminate two filled positions. State General Funds

($356,658)

($356,658)

($356,658)

226.100 -Parks, Recreation and Historic Sites

Appropriation (HB 105)

The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites.

TOTAL STATE FUNDS

$13,385,764 $13,385,764 $13,385,764

State General Funds

$13,385,764 $13,385,764 $13,385,764

TOTAL FEDERAL FUNDS

$1,704,029

$1,704,029

$1,704,029

TOTAL AGENCY FUNDS

$41,480,954 $41,480,954 $41,480,954

Contributions, Donations, and Forfeitures

$360,715

$360,715

$360,715

Contributions, Donations, and Forfeitures Not Itemized

$360,715

$360,715

$360,715

Intergovernmental Transfers

$2,232,646

$2,232,646

$2,232,646

Intergovernmental Transfers Not Itemized

$2,232,646

$2,232,646

$2,232,646

Sales and Services

$38,887,593 $38,887,593 $38,887,593

Sales and Services Not Itemized

$38,887,593 $38,887,593 $38,887,593

TOTAL PUBLIC FUNDS

$56,570,747 $56,570,747 $56,570,747

Pollution Prevention Assistance

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $96,580 $115,313 $115,313 $115,313 $211,893

$0 $0 $96,580 $115,313 $115,313 $115,313 $211,893

$0 $0 $96,580 $115,313 $115,313 $115,313 $211,893

227.100 -Pollution Prevention Assistance

Appropriation (HB 105)

The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses,

manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to

encourage by-product reuse and recycling.

TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$96,580 $115,313 $115,313 $115,313 $211,893

$96,580 $115,313 $115,313 $115,313 $211,893

$96,580 $115,313 $115,313 $115,313 $211,893

1012

JOURNAL OF THE HOUSE

Solid Waste Trust Fund

Continuation Budget

The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective

actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling

and waste reduction programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,923,479 $1,923,479 $1,923,479

$1,923,479 $1,923,479 $1,923,479

$1,923,479 $1,923,479 $1,923,479

228.1 Reduce funds for operations. State General Funds

($57,704)

($57,704)

($57,704)

228.100 -Solid Waste Trust Fund

Appropriation (HB 105)

The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective

actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling

and waste reduction programs.

TOTAL STATE FUNDS

$1,865,775

$1,865,775

$1,865,775

State General Funds

$1,865,775

$1,865,775

$1,865,775

TOTAL PUBLIC FUNDS

$1,865,775

$1,865,775

$1,865,775

Wildlife Resources

Continuation Budget

The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect

non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the

state's archery and shooting ranges; and to license hunters, anglers, and boaters.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues
Sanctions, Fines, and Penalties

$32,129,399 $32,129,399 $13,837,944
$8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625
$8,515,153 $7,460,135 $1,055,018
$109,441

$32,129,399 $32,129,399 $13,837,944
$8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625
$8,515,153 $7,460,135 $1,055,018
$109,441

$32,129,399 $32,129,399 $13,837,944
$8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625
$8,515,153 $7,460,135 $1,055,018
$109,441

FRIDAY, FEBRUARY 22, 2013

1013

Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$109,441 $30,000 $30,000 $30,000 $54,752,505

$109,441 $30,000 $30,000 $30,000 $54,752,505

$109,441 $30,000 $30,000 $30,000 $54,752,505

229.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 229.2 Reduce funds for personnel, and eliminate two filled positions and three vacant positions. State General Funds 229.3 Reduce funds for operations and replace with federal funds. State General Funds 229.4 Reduce funds for operations. State General Funds

$274,648 ($625,934) ($251,298) ($325,762)

$274,648 ($625,934) ($251,298) ($325,762)

$274,648 ($625,934) ($251,298) ($325,762)

229.100 -Wildlife Resources

Appropriation (HB 105)

The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect

non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the

state's archery and shooting ranges; and to license hunters, anglers, and boaters.

TOTAL STATE FUNDS

$31,201,053 $31,201,053 $31,201,053

State General Funds

$31,201,053 $31,201,053 $31,201,053

TOTAL FEDERAL FUNDS

$13,837,944 $13,837,944 $13,837,944

TOTAL AGENCY FUNDS

$8,755,162

$8,755,162

$8,755,162

Contributions, Donations, and Forfeitures

$99,286

$99,286

$99,286

Contributions, Donations, and Forfeitures Not Itemized

$99,286

$99,286

$99,286

Rebates, Refunds, and Reimbursements

$3,657

$3,657

$3,657

Rebates, Refunds, and Reimbursements Not Itemized

$3,657

$3,657

$3,657

Royalties and Rents

$27,625

$27,625

$27,625

Royalties and Rents Not Itemized

$27,625

$27,625

$27,625

Sales and Services

$8,515,153

$8,515,153

$8,515,153

Sales and Services Not Itemized

$7,460,135

$7,460,135

$7,460,135

Specialty License Plate Revenues

$1,055,018

$1,055,018

$1,055,018

Sanctions, Fines, and Penalties

$109,441

$109,441

$109,441

Sanctions, Fines, and Penalties Not Itemized

$109,441

$109,441

$109,441

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$30,000

$30,000

$30,000

State Funds Transfers

$30,000

$30,000

$30,000

1014

JOURNAL OF THE HOUSE

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$30,000 $53,824,159

$30,000 $53,824,159

$30,000 $53,824,159

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 the revenues collected from a state park's parking pass implemented by the Department.

The above appropriation reflects 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.

Section 34: Pardons and Paroles, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Continuation $53,881,771 $53,881,771 $806,050 $54,687,821

$53,881,771 $53,881,771
$806,050 $54,687,821

$53,881,771 $53,881,771
$806,050 $54,687,821

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Final $53,072,442 $53,072,442 $806,050 $53,878,492

$53,072,442 $53,072,442
$806,050 $53,878,492

$53,072,442 $53,072,442
$806,050 $53,878,492

Board Administration The purpose of this appropriation is to provide administrative support for the agency.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,952,894 $4,952,894 $4,952,894

$4,952,894 $4,952,894 $4,952,894

$4,952,894 $4,952,894 $4,952,894

230.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
230.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
230.3 Reduce funds for information technology by delaying user and server hardware upgrades. State General Funds

($7,085) ($1,092) ($168,005)

($7,085) ($1,092) ($168,005)

($7,085) ($1,092) ($168,005)

FRIDAY, FEBRUARY 22, 2013

1015

230.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$4,776,712 $4,776,712 $4,776,712

Appropriation (HB 105)

$4,776,712 $4,776,712 $4,776,712

$4,776,712 $4,776,712 $4,776,712

Clemency Decisions

Continuation Budget

The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole,

investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,610,330 $11,610,330 $11,610,330

$11,610,330 $11,610,330 $11,610,330

$11,610,330 $11,610,330 $11,610,330

231.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,134)

($1,134)

($1,134)

231.2 Reduce funds for personnel. State General Funds

($43,000)

($43,000)

($43,000)

231.3 Transfer funds from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative.

State General Funds

$34,870

$34,870

$34,870

231.100 -Clemency Decisions

Appropriation (HB 105)

The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole,

investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program.

TOTAL STATE FUNDS

$11,601,066 $11,601,066 $11,601,066

State General Funds

$11,601,066 $11,601,066 $11,601,066

TOTAL PUBLIC FUNDS

$11,601,066 $11,601,066 $11,601,066

Parole Supervision

Continuation Budget

The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic

monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$36,867,564 $36,867,564
$806,050 $37,673,614

$36,867,564 $36,867,564
$806,050 $37,673,614

$36,867,564 $36,867,564
$806,050 $37,673,614

1016

JOURNAL OF THE HOUSE

232.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($19,837)

($19,837)

($19,837)

232.2 Reduce funds for personnel due to the hiring timeline for the Maxout initiative. State General Funds

($238,638)

($238,638)

($238,638)

232.3 Transfer funds and two positions from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative.

State General Funds

($34,870)

($34,870)

($34,870)

232.4 Reduce funds for operations as part of the virtual office initiative. State General Funds

($55,900)

($55,900)

($55,900)

232.5 Reduce funds for rent due to closing parole offices as part of the virtual office initiative. State General Funds

($274,356)

($274,356)

($274,356)

232.100 -Parole Supervision

Appropriation (HB 105)

The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic

monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

TOTAL STATE FUNDS

$36,243,963 $36,243,963 $36,243,963

State General Funds

$36,243,963 $36,243,963 $36,243,963

TOTAL FEDERAL FUNDS

$806,050

$806,050

$806,050

TOTAL PUBLIC FUNDS

$37,050,013 $37,050,013 $37,050,013

Victim Services

Continuation Budget

The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to

conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state

corrections system.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$450,983 $450,983 $450,983

$450,983 $450,983 $450,983

$450,983 $450,983 $450,983

233.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($282)

($282)

($282)

233.100 -Victim Services

Appropriation (HB 105)

The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to

conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state

corrections system.

FRIDAY, FEBRUARY 22, 2013

1017

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$450,701 $450,701 $450,701

$450,701 $450,701 $450,701

$450,701 $450,701 $450,701

Section 35: Properties Commission, State

Section Total - Continuation

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities
TOTAL PUBLIC FUNDS

$114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

$114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

$114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

Section Total - Final

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities
TOTAL PUBLIC FUNDS

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

Properties Commission, State

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities
TOTAL PUBLIC FUNDS

$0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

$0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

$0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

1018

JOURNAL OF THE HOUSE

234.1 Reduce funds for operations. Rental Payments for GBA Facilities

($21,811)

($21,811)

($21,811)

234.100 -Properties Commission, State

Appropriation (HB 105)

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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities
TOTAL PUBLIC FUNDS

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

Payments to Georgia Building Authority

Continuation Budget

The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority.

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

235.1 Increase funds for payment to the State Treasury by $155,934 from $1,996,734 to $2,152,668. (Total Funds: $2,152,668)(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

Section 36: Public Defender Standards Council, Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income

Section Total - Continuation $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $40,740,824

$40,400,824 $40,400,824
$340,000 $340,000 $340,000 $40,740,824

Section Total - Final $40,328,355 $40,328,355 $340,000 $340,000

$40,328,355 $40,328,355
$340,000 $340,000

$40,400,824 $40,400,824
$340,000 $340,000 $340,000 $40,740,824
$40,328,355 $40,328,355
$340,000 $340,000

FRIDAY, FEBRUARY 22, 2013

1019

Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS

$340,000 $40,668,355

$340,000 $40,668,355

$340,000 $40,668,355

Public Defender Standards Council

Continuation Budget

The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

$6,005,496 $6,005,496
$340,000 $340,000 $340,000 $6,345,496

$6,005,496 $6,005,496
$340,000 $340,000 $340,000 $6,345,496

$6,005,496 $6,005,496
$340,000 $340,000 $340,000 $6,345,496

236.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
236.2 Reduce funds for personnel. State General Funds

($6,846) ($45,083)

($6,846) ($45,083)

($6,846) ($45,083)

236.100 -Public Defender Standards Council

Appropriation (HB 105)

The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office.

TOTAL STATE FUNDS

$5,953,567

$5,953,567

$5,953,567

State General Funds

$5,953,567

$5,953,567

$5,953,567

TOTAL AGENCY FUNDS

$340,000

$340,000

$340,000

Interest and Investment Income

$340,000

$340,000

$340,000

Interest and Investment Income Not Itemized

$340,000

$340,000

$340,000

TOTAL PUBLIC FUNDS

$6,293,567

$6,293,567

$6,293,567

Public Defenders

Continuation Budget

The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private

interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$34,395,328 $34,395,328 $34,395,328

$34,395,328 $34,395,328 $34,395,328

$34,395,328 $34,395,328 $34,395,328

237.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($20,540)

($20,540)

($20,540)

1020

JOURNAL OF THE HOUSE

237.100 -Public Defenders

Appropriation (HB 105)

The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private

interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12.

TOTAL STATE FUNDS

$34,374,788 $34,374,788 $34,374,788

State General Funds

$34,374,788 $34,374,788 $34,374,788

TOTAL PUBLIC FUNDS

$34,374,788 $34,374,788 $34,374,788

Section 37: Public Health, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund
TOTAL FEDERAL FUNDS ARRA-Immunization CFDA93.712 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

Section Total - Continuation $218,182,965 $203,773,265 $12,013,120 $2,396,580 $431,693,325 $780 $20,886,897 $2,912,917 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111

$218,182,965 $203,773,265 $12,013,120
$2,396,580 $431,693,325
$780 $20,886,897
$2,912,917 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111

$218,182,965 $203,773,265 $12,013,120
$2,396,580 $431,693,325
$780 $20,886,897
$2,912,917 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund
TOTAL FEDERAL FUNDS

Section Total - Final $214,865,035 $200,455,335 $12,013,120 $2,396,580 $431,200,049

$215,056,808 $200,647,108 $12,013,120
$2,396,580 $431,200,049

$215,156,808 $200,747,108 $12,013,120
$2,396,580 $431,200,049

FRIDAY, FEBRUARY 22, 2013

1021

ARRA-Immunization CFDA93.712 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$780 $20,886,897
$2,419,641 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $698,576,905

$780 $20,886,897
$2,419,641 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $698,768,678

$780 $20,886,897
$2,419,641 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $698,868,678

Adolescent and Adult Health Promotion

Continuation Budget

The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage

pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$8,903,663 $3,751,224 $5,152,439 $28,088,004 $1,000,000
$149,000 $10,404,530 $10,404,530
$827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000

$8,903,663 $3,751,224 $5,152,439 $28,088,004 $1,000,000
$149,000 $10,404,530 $10,404,530
$827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000

$8,903,663 $3,751,224 $5,152,439 $28,088,004 $1,000,000
$149,000 $10,404,530 $10,404,530
$827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000

1022

JOURNAL OF THE HOUSE

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$410,000 $38,228,891

$410,000 $38,228,891

$410,000 $38,228,891

238.1 Reduce funds for personnel for three vacant positions due to organizational restructure. State General Funds

($172,243)

238.2 Reduce funds for personnel and operations for the Columbus STD and family planning case finding program.

State General Funds

($30,000)

238.3 Increase funds for the SHAPE initiative contract. State General Funds

$85,000

($172,243) ($30,000) $85,000

($172,243) ($30,000) $85,000

238.100 -Adolescent and Adult Health Promotion

Appropriation (HB 105)

The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage

pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

TOTAL STATE FUNDS

$8,786,420

$8,786,420

$8,786,420

State General Funds

$3,633,981

$3,633,981

$3,633,981

Tobacco Settlement Funds

$5,152,439

$5,152,439

$5,152,439

TOTAL FEDERAL FUNDS

$28,088,004 $28,088,004 $28,088,004

Maternal & Child Health Services Block Grant CFDA93.994

$1,000,000

$1,000,000

$1,000,000

Preventive Health & Health Services Block Grant CFDA93.991

$149,000

$149,000

$149,000

Temporary Assistance for Needy Families

$10,404,530 $10,404,530 $10,404,530

Temporary Assistance for Needy Families Grant CFDA93.558

$10,404,530 $10,404,530 $10,404,530

TOTAL AGENCY FUNDS

$827,224

$827,224

$827,224

Contributions, Donations, and Forfeitures

$335,000

$335,000

$335,000

Contributions, Donations, and Forfeitures Not Itemized

$335,000

$335,000

$335,000

Intergovernmental Transfers

$492,224

$492,224

$492,224

Intergovernmental Transfers Not Itemized

$492,224

$492,224

$492,224

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$410,000

$410,000

$410,000

State Funds Transfers

$410,000

$410,000

$410,000

Agency to Agency Contracts

$410,000

$410,000

$410,000

TOTAL PUBLIC FUNDS

$38,111,648 $38,111,648 $38,111,648

Adult Essential Health Treatment Services

Continuation Budget

The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS

$7,224,986 $611,737
$6,613,249 $300,000

$7,224,986 $611,737
$6,613,249 $300,000

$7,224,986 $611,737
$6,613,249 $300,000

FRIDAY, FEBRUARY 22, 2013

1023

Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS

$300,000 $7,524,986

$300,000 $7,524,986

$300,000 $7,524,986

239.1 Reduce funds for hypertension outreach services. State General Funds

($511,737)

$0

$0

239.100 -Adult Essential Health Treatment Services

Appropriation (HB 105)

The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks.

TOTAL STATE FUNDS

$6,713,249

$7,224,986

$7,224,986

State General Funds

$100,000

$611,737

$611,737

Tobacco Settlement Funds

$6,613,249

$6,613,249

$6,613,249

TOTAL FEDERAL FUNDS

$300,000

$300,000

$300,000

Preventive Health & Health Services Block Grant CFDA93.991

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$7,013,249

$7,524,986

$7,524,986

Departmental Administration The purpose of this appropriation is to provide administrative support to all departmental programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$20,492,715 $20,360,920
$131,795 $7,654,298 $1,807,258
$471,900 $28,147,013

$20,492,715 $20,360,920
$131,795 $7,654,298 $1,807,258
$471,900 $28,147,013

$20,492,715 $20,360,920
$131,795 $7,654,298 $1,807,258
$471,900 $28,147,013

240.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 240.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 240.3 Reduce funds for personnel. State General Funds 240.4 Reduce funds for operations. State General Funds

$2,642,703

$2,642,703

$2,642,703

($7,399)

($7,399)

($7,399)

($1,880,240) ($1,880,240) ($1,880,240)

($40,000)

($40,000)

($40,000)

1024

JOURNAL OF THE HOUSE

240.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS
State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS

$21,207,779 $21,075,984
$131,795 $7,654,298 $1,807,258
$471,900 $28,862,077

Appropriation (HB 105)

$21,207,779 $21,075,984
$131,795 $7,654,298 $1,807,258
$471,900 $28,862,077

$21,207,779 $21,075,984
$131,795 $7,654,298 $1,807,258
$471,900 $28,862,077

Emergency Preparedness / Trauma System Improvement

Continuation Budget

The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma

system.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,753,939 $2,753,939 $35,127,019
$280,000 $100,000
$976 $976 $976 $221,000 $221,000 $221,000 $38,102,934

$2,753,939 $2,753,939 $35,127,019
$280,000 $100,000
$976 $976 $976 $221,000 $221,000 $221,000 $38,102,934

$2,753,939 $2,753,939 $35,127,019
$280,000 $100,000
$976 $976 $976 $221,000 $221,000 $221,000 $38,102,934

241.1 Reduce funds added in HB742 (2012 Session) for one-time funding 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.

State General Funds

($350,000)

($350,000)

($350,000)

241.100-Emergency Preparedness / Trauma System Improvement

Appropriation (HB 105)

The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma

system.

TOTAL STATE FUNDS

$2,403,939

$2,403,939

$2,403,939

State General Funds

$2,403,939

$2,403,939

$2,403,939

TOTAL FEDERAL FUNDS

$35,127,019 $35,127,019 $35,127,019

Maternal & Child Health Services Block Grant CFDA93.994

$280,000

$280,000

$280,000

Preventive Health & Health Services Block Grant CFDA93.991

$100,000

$100,000

$100,000

FRIDAY, FEBRUARY 22, 2013

1025

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$976 $976 $976 $221,000 $221,000 $221,000 $37,752,934

$976 $976 $976 $221,000 $221,000 $221,000 $37,752,934

$976 $976 $976 $221,000 $221,000 $221,000 $37,752,934

Epidemiology

Continuation Budget

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$4,164,813 $4,049,176
$115,637 $4,961,516
$196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085

$4,164,813 $4,049,176
$115,637 $4,961,516
$196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085

$4,164,813 $4,049,176
$115,637 $4,961,516
$196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085

242.100 -Epidemiology

Appropriation (HB 105)

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS

$4,164,813

$4,164,813

$4,164,813

State General Funds

$4,049,176

$4,049,176

$4,049,176

Tobacco Settlement Funds

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$4,961,516

$4,961,516

$4,961,516

Preventive Health & Health Services Block Grant CFDA93.991

$196,750

$196,750

$196,750

TOTAL AGENCY FUNDS

$25,156

$25,156

$25,156

Sales and Services

$25,156

$25,156

$25,156

Sales and Services Not Itemized

$25,156

$25,156

$25,156

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$17,600

$17,600

$17,600

State Funds Transfers

$17,600

$17,600

$17,600

Agency to Agency Contracts

$17,600

$17,600

$17,600

TOTAL PUBLIC FUNDS

$9,169,085

$9,169,085

$9,169,085

1026

JOURNAL OF THE HOUSE

Immunization

Continuation Budget

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS ARRA-Immunization CFDA93.712 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$2,505,125 $2,505,125 $8,406,339
$780 $500,000 $10,911,464

$2,505,125 $2,505,125 $8,406,339
$780 $500,000 $10,911,464

$2,505,125 $2,505,125 $8,406,339
$780 $500,000 $10,911,464

243.100 -Immunization

Appropriation (HB 105)

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$2,505,125

$2,505,125

$2,505,125

State General Funds

$2,505,125

$2,505,125

$2,505,125

TOTAL FEDERAL FUNDS

$8,406,339

$8,406,339

$8,406,339

ARRA-Immunization CFDA93.712

$780

$780

$780

Preventive Health & Health Services Block Grant CFDA93.991

$500,000

$500,000

$500,000

TOTAL PUBLIC FUNDS

$10,911,464 $10,911,464 $10,911,464

Infant and Child Essential Health Treatment Services

Continuation Budget

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$22,079,771 $22,079,771 $27,264,919
$8,698,918 $116,500 $75,000 $75,000 $75,000
$49,419,690

$22,079,771 $22,079,771 $27,264,919
$8,698,918 $116,500 $75,000 $75,000 $75,000
$49,419,690

$22,079,771 $22,079,771 $27,264,919
$8,698,918 $116,500 $75,000 $75,000 $75,000
$49,419,690

244.1 Reduce funds for programmatic grant-in-aid for Children's Medical Services. State General Funds

($576,574)

($576,574)

($576,574)

244.2 Reduce funds for programmatic grant-in-aid for the genetics and sickle cell testing program. (S:Reduce funds for programmatic grant-in-aid for genetics testing and recognize an alternative delivery mechanism for sickle cell testing program)

State General Funds

($525,172)

($525,172)

($525,172)

FRIDAY, FEBRUARY 22, 2013

1027

244.3 Reduce funds for the Oral Health Prevention Program and replace with existing federal funds.

State General Funds

($475,340)

($475,340)

($475,340)

244.4 Reduce funds for the Hemophilia of Georgia contract and reflect savings from moving high-cost hemophilia clients to the Pre-Existing Condition Insurance Plan (PCIP).

State General Funds

($478,036)

($498,000)

($398,000)

244.100 -Infant and Child Essential Health Treatment Services

Appropriation (HB 105)

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

TOTAL STATE FUNDS

$20,024,649 $20,004,685 $20,104,685

State General Funds

$20,024,649 $20,004,685 $20,104,685

TOTAL FEDERAL FUNDS

$27,264,919 $27,264,919 $27,264,919

Maternal & Child Health Services Block Grant CFDA93.994

$8,698,918

$8,698,918

$8,698,918

Preventive Health & Health Services Block Grant CFDA93.991

$116,500

$116,500

$116,500

TOTAL AGENCY FUNDS

$75,000

$75,000

$75,000

Contributions, Donations, and Forfeitures

$75,000

$75,000

$75,000

Contributions, Donations, and Forfeitures Not Itemized

$75,000

$75,000

$75,000

TOTAL PUBLIC FUNDS

$47,364,568 $47,344,604 $47,444,604

Infant and Child Health Promotion

Continuation Budget

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$12,203,708 $12,203,708 $257,026,187 $10,623,280
$119,108 $50,049,137
$49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529

$12,203,708 $12,203,708 $257,026,187 $10,623,280
$119,108 $50,049,137
$49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529

$12,203,708 $12,203,708 $257,026,187 $10,623,280
$119,108 $50,049,137
$49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529

1028

JOURNAL OF THE HOUSE

245.1 Reduce funds for the Foster Care Project. State General Funds

($27,500)

($27,500)

($27,500)

245.100 -Infant and Child Health Promotion

Appropriation (HB 105)

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS

$12,176,208 $12,176,208 $12,176,208

State General Funds

$12,176,208 $12,176,208 $12,176,208

TOTAL FEDERAL FUNDS

$257,026,187 $257,026,187 $257,026,187

Maternal & Child Health Services Block Grant CFDA93.994

$10,623,280 $10,623,280 $10,623,280

Medical Assistance Program CFDA93.778

$119,108

$119,108

$119,108

TOTAL AGENCY FUNDS

$50,049,137 $50,049,137 $50,049,137

Contributions, Donations, and Forfeitures

$49,137

$49,137

$49,137

Contributions, Donations, and Forfeitures Not Itemized

$49,137

$49,137

$49,137

Sales and Services

$50,000,000 $50,000,000 $50,000,000

Sales and Services Not Itemized

$50,000,000 $50,000,000 $50,000,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$267,497

$267,497

$267,497

State Funds Transfers

$196,808

$196,808

$196,808

Agency to Agency Contracts

$196,808

$196,808

$196,808

Federal Funds Transfers

$70,689

$70,689

$70,689

FF National School Lunch Program CFDA10.555

$70,689

$70,689

$70,689

TOTAL PUBLIC FUNDS

$319,519,029 $319,519,029 $319,519,029

Infectious Disease Control

Continuation Budget

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious

diseases.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Maternal & Child Health Services Block Grant CFDA93.994
TOTAL PUBLIC FUNDS

$30,499,493 $30,499,493 $60,377,072
$84,489 $90,876,565

$30,499,493 $30,499,493 $60,377,072
$84,489 $90,876,565

$30,499,493 $30,499,493 $60,377,072
$84,489 $90,876,565

246.100 -Infectious Disease Control

Appropriation (HB 105)

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious

diseases.

TOTAL STATE FUNDS

$30,499,493 $30,499,493 $30,499,493

State General Funds

$30,499,493 $30,499,493 $30,499,493

TOTAL FEDERAL FUNDS

$60,377,072 $60,377,072 $60,377,072

FRIDAY, FEBRUARY 22, 2013

1029

Maternal & Child Health Services Block Grant CFDA93.994 TOTAL PUBLIC FUNDS

$84,489 $90,876,565

$84,489 $90,876,565

$84,489 $90,876,565

Inspections and Environmental Hazard Control

Continuation Budget

The purpose of this appropriation is to detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food

service establishments, sewage management facilities, swimming pools.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,571,617 $3,571,617
$970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588

$3,571,617 $3,571,617
$970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588

$3,571,617 $3,571,617
$970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588

247.100 -Inspections and Environmental Hazard Control

Appropriation (HB 105)

The purpose of this appropriation is to detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food

service establishments, sewage management facilities, swimming pools.

TOTAL STATE FUNDS

$3,571,617

$3,571,617

$3,571,617

State General Funds

$3,571,617

$3,571,617

$3,571,617

TOTAL FEDERAL FUNDS

$970,740

$970,740

$970,740

Maternal & Child Health Services Block Grant CFDA93.994

$200,210

$200,210

$200,210

Preventive Health & Health Services Block Grant CFDA93.991

$223,000

$223,000

$223,000

TOTAL AGENCY FUNDS

$618,231

$618,231

$618,231

Sales and Services

$618,231

$618,231

$618,231

Sales and Services Not Itemized

$618,231

$618,231

$618,231

TOTAL PUBLIC FUNDS

$5,160,588

$5,160,588

$5,160,588

Public Health Formula Grants to Counties

Continuation Budget

The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$81,858,779 $81,858,779
$986,551 $986,551 $82,845,330

$81,858,779 $81,858,779
$986,551 $986,551 $82,845,330

$81,858,779 $81,858,779
$986,551 $986,551 $82,845,330

1030

JOURNAL OF THE HOUSE

248.1 Reduce funds for programmatic grant-in-aid for the Health Check Program.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($493,276) ($493,276) ($986,552)

($493,276) ($493,276) ($986,552)

($493,276) ($493,276) ($986,552)

248.100 -Public Health Formula Grants to Counties

Appropriation (HB 105)

The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

TOTAL STATE FUNDS

$81,365,503 $81,365,503 $81,365,503

State General Funds

$81,365,503 $81,365,503 $81,365,503

TOTAL FEDERAL FUNDS

$493,275

$493,275

$493,275

Medical Assistance Program CFDA93.778

$493,275

$493,275

$493,275

TOTAL PUBLIC FUNDS

$81,858,778 $81,858,778 $81,858,778

Vital Records

Continuation Budget

The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$3,590,562 $3,590,562
$530,680 $4,121,242

$3,590,562 $3,590,562
$530,680 $4,121,242

$3,590,562 $3,590,562
$530,680 $4,121,242

249.100 -Vital Records

Appropriation (HB 105)

The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

TOTAL STATE FUNDS

$3,590,562

$3,590,562

$3,590,562

State General Funds

$3,590,562

$3,590,562

$3,590,562

TOTAL FEDERAL FUNDS

$530,680

$530,680

$530,680

TOTAL PUBLIC FUNDS

$4,121,242

$4,121,242

$4,121,242

Brain and Spinal Injury Trust Fund

Continuation Budget

The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state

who have survived brain or spinal cord injuries.

TOTAL STATE FUNDS State General Funds Brain & Spinal Injury Trust Fund
TOTAL PUBLIC FUNDS

$2,396,580 $0
$2,396,580 $2,396,580

$2,396,580 $0
$2,396,580 $2,396,580

$2,396,580 $0
$2,396,580 $2,396,580

250.100 -Brain and Spinal Injury Trust Fund

Appropriation (HB 105)

The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state

who have survived brain or spinal cord injuries.

FRIDAY, FEBRUARY 22, 2013

1031

TOTAL STATE FUNDS Brain & Spinal Injury Trust Fund
TOTAL PUBLIC FUNDS

$2,396,580 $2,396,580 $2,396,580

$2,396,580 $2,396,580 $2,396,580

$2,396,580 $2,396,580 $2,396,580

Georgia Trauma Care Network Commission

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$15,937,214 $15,937,214 $15,937,214

$15,937,214 $15,937,214 $15,937,214

$15,937,214 $15,937,214 $15,937,214

251.1 Reduce funds for contracts. State General Funds

($478,116)

($778,116)

($778,116)

251.100 -Georgia Trauma Care Network Commission

Appropriation (HB 105)

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 STATE FUNDS

$15,459,098 $15,159,098 $15,159,098

State General Funds

$15,459,098 $15,159,098 $15,159,098

TOTAL PUBLIC FUNDS

$15,459,098 $15,159,098 $15,159,098

Section 38: Public Safety, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

Section Total - Continuation $119,496,578 $119,496,578 $33,824,374 $33,300,269 $8,655,538 $8,655,538 $432,765 $432,765 $23,559,566 $23,222,714 $336,852 $652,400 $652,400 $235,400 $235,400

$119,496,578 $119,496,578 $33,824,374 $33,300,269
$8,655,538 $8,655,538
$432,765 $432,765 $23,559,566 $23,222,714 $336,852 $652,400 $652,400 $235,400 $235,400

$119,496,578 $119,496,578 $33,824,374 $33,300,269
$8,655,538 $8,655,538
$432,765 $432,765 $23,559,566 $23,222,714 $336,852 $652,400 $652,400 $235,400 $235,400

1032

JOURNAL OF THE HOUSE

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$235,400

$235,400

$235,400

$186,856,621 $186,856,621 $186,856,621

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $111,519,103 $111,519,103 $33,824,374 $33,617,071 $8,655,538 $8,655,538 $432,765 $432,765 $23,876,368 $23,539,516 $336,852 $652,400 $652,400 $5,297,967 $5,297,967 $5,297,967 $184,258,515

$111,889,674 $111,889,674 $33,824,374 $33,300,269
$8,655,538 $8,655,538
$432,765 $432,765 $23,559,566 $23,222,714 $336,852 $652,400 $652,400 $5,297,967 $5,297,967 $5,297,967 $184,312,284

$111,801,905 $111,801,905 $33,824,374 $33,400,269
$8,655,538 $8,655,538
$432,765 $432,765 $23,659,566 $23,322,714 $336,852 $652,400 $652,400 $5,297,967 $5,297,967 $5,297,967 $184,324,515

Aviation

Continuation Budget

The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within

the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in

public safety efforts with aerial surveillance and observation.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,114,878 $3,114,878
$243,034 $4,100,000 $4,000,000 $4,000,000
$100,000 $100,000 $7,457,912

$3,114,878 $3,114,878
$243,034 $4,100,000 $4,000,000 $4,000,000
$100,000 $100,000 $7,457,912

$3,114,878 $3,114,878
$243,034 $4,100,000 $4,000,000 $4,000,000
$100,000 $100,000 $7,457,912

252.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,134

$1,134

$1,134

FRIDAY, FEBRUARY 22, 2013

1033

252.100 -Aviation

Appropriation (HB 105)

The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within

the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in

public safety efforts with aerial surveillance and observation.

TOTAL STATE FUNDS

$3,116,012

$3,116,012

$3,116,012

State General Funds

$3,116,012

$3,116,012

$3,116,012

TOTAL FEDERAL FUNDS

$243,034

$243,034

$243,034

TOTAL AGENCY FUNDS

$4,100,000

$4,100,000

$4,100,000

Intergovernmental Transfers

$4,000,000

$4,000,000

$4,000,000

Intergovernmental Transfers Not Itemized

$4,000,000

$4,000,000

$4,000,000

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$7,459,046

$7,459,046

$7,459,046

Capitol Police Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499

$0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499

$0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499

253.100 -Capitol Police Services

Appropriation (HB 105)

The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of

state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government

employees, and visitors to the Capitol.

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,372,499 $7,372,499 $7,372,499 $7,372,499

$7,372,499 $7,372,499 $7,372,499 $7,372,499

$7,372,499 $7,372,499 $7,372,499 $7,372,499

Departmental Administration

Continuation Budget

The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

1034

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,249,014 $8,249,014
$141,571 $3,510 $3,510 $3,510
$8,394,095

$8,249,014 $8,249,014
$141,571 $3,510 $3,510 $3,510
$8,394,095

$8,249,014 $8,249,014
$141,571 $3,510 $3,510 $3,510
$8,394,095

254.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
254.2 Reduce funds for personnel. State General Funds
254.3 Reduce funds for operations. State General Funds

$4,676 ($88,205) ($30,000)

$4,676 ($88,205) ($30,000)

$4,676 ($88,205) ($30,000)

254.100-Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

TOTAL STATE FUNDS

$8,135,485

$8,135,485

$8,135,485

State General Funds

$8,135,485

$8,135,485

$8,135,485

TOTAL FEDERAL FUNDS

$141,571

$141,571

$141,571

TOTAL AGENCY FUNDS

$3,510

$3,510

$3,510

Sales and Services

$3,510

$3,510

$3,510

Sales and Services Not Itemized

$3,510

$3,510

$3,510

TOTAL PUBLIC FUNDS

$8,280,566

$8,280,566

$8,280,566

Executive Security Services

Continuation Budget

The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of

Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important

individuals as determined by the Commissioner.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,602,488 $1,602,488
$336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253

$1,602,488 $1,602,488
$336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253

$1,602,488 $1,602,488
$336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253

FRIDAY, FEBRUARY 22, 2013

1035

255.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$810

$810

$810

255.2 Transfer funds from the Field Offices and Services program to the Executive Security Services program for personnel to align budget and expenditures.

State General Funds

$159,929

$159,929

$159,929

255.3 Increase funds to reflect projected expenditures. State General Funds

$26,900

$26,900

$26,900

255.100 -Executive Security Services

Appropriation (HB 105)

The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of

Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important

individuals as determined by the Commissioner.

TOTAL STATE FUNDS

$1,790,127

$1,790,127

$1,790,127

State General Funds

$1,790,127

$1,790,127

$1,790,127

TOTAL AGENCY FUNDS

$336,765

$336,765

$336,765

Rebates, Refunds, and Reimbursements

$282,765

$282,765

$282,765

Rebates, Refunds, and Reimbursements Not Itemized

$282,765

$282,765

$282,765

Sales and Services

$54,000

$54,000

$54,000

Sales and Services Not Itemized

$54,000

$54,000

$54,000

TOTAL PUBLIC FUNDS

$2,126,892

$2,126,892

$2,126,892

Field Offices and Services

Continuation Budget

The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and

support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special

Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$77,541,397 $77,541,397
$8,096,038 $8,772,400 $2,400,000 $2,400,000
$150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835

$77,541,397 $77,541,397
$8,096,038 $8,772,400 $2,400,000 $2,400,000
$150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835

$77,541,397 $77,541,397
$8,096,038 $8,772,400 $2,400,000 $2,400,000
$150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835

1036

JOURNAL OF THE HOUSE

256.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$71,931

$71,931

$71,931

256.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($21,781)

($21,781)

($21,781)

256.3 Reduce funds for personnel. State General Funds

($90,162)

($90,162)

($90,162)

256.4 Reduce funds for operations. State General Funds

($140,877)

($140,877)

($140,877)

256.5 Transfer funds from the Field Offices and Services program to the Executive Security Services program for personnel to align budget and expenditures.

State General Funds

($159,929)

($159,929)

($159,929)

256.6 Reduce funds to delay the start of state funded Trooper School until FY2014. State General Funds

($950,000)

($950,000)

($950,000)

256.100 -Field Offices and Services

Appropriation (HB 105)

The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and

support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special

Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.

TOTAL STATE FUNDS

$76,250,579 $76,250,579 $76,250,579

State General Funds

$76,250,579 $76,250,579 $76,250,579

TOTAL FEDERAL FUNDS

$8,096,038

$8,096,038

$8,096,038

TOTAL AGENCY FUNDS

$8,772,400

$8,772,400

$8,772,400

Intergovernmental Transfers

$2,400,000

$2,400,000

$2,400,000

Intergovernmental Transfers Not Itemized

$2,400,000

$2,400,000

$2,400,000

Rebates, Refunds, and Reimbursements

$150,000

$150,000

$150,000

Rebates, Refunds, and Reimbursements Not Itemized

$150,000

$150,000

$150,000

Sales and Services

$5,570,000

$5,570,000

$5,570,000

Sales and Services Not Itemized

$5,570,000

$5,570,000

$5,570,000

Sanctions, Fines, and Penalties

$652,400

$652,400

$652,400

Sanctions, Fines, and Penalties Not Itemized

$652,400

$652,400

$652,400

TOTAL PUBLIC FUNDS

$93,119,017 $93,119,017 $93,119,017

Motor Carrier Compliance

Continuation Budget

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.

FRIDAY, FEBRUARY 22, 2013

1037

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,125,133 $10,125,133
$6,277,159 $8,124,630
$290,000 $290,000 $7,834,630 $7,834,630 $24,526,922

$10,125,133 $10,125,133
$6,277,159 $8,124,630
$290,000 $290,000 $7,834,630 $7,834,630 $24,526,922

$10,125,133 $10,125,133
$6,277,159 $8,124,630
$290,000 $290,000 $7,834,630 $7,834,630 $24,526,922

257.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$851

$851

$851

257.2 Reduce funds for personnel and recognize savings due to a delay in hiring civilian weighmasters and Motor Carrier Compliance Division officers.

State General Funds

($978,667)

($978,667)

($978,667)

257.3 Reduce funds for operations. State General Funds

($25,000)

($25,000)

($25,000)

257.4 Reduce funds for information technology. State General Funds

($133,386)

($133,386)

($133,386)

257.5 Replace funds with other funds for operations.
State General Funds Agency to Agency Contracts Total Public Funds:

($5,062,567) $5,062,567
$0

($5,062,567) $5,062,567
$0

($5,062,567) $5,062,567
$0

257.100 -Motor Carrier Compliance

Appropriation (HB 105)

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 STATE FUNDS

$3,926,364

$3,926,364

$3,926,364

State General Funds

$3,926,364

$3,926,364

$3,926,364

TOTAL FEDERAL FUNDS

$6,277,159

$6,277,159

$6,277,159

TOTAL AGENCY FUNDS

$8,124,630

$8,124,630

$8,124,630

Intergovernmental Transfers

$290,000

$290,000

$290,000

Intergovernmental Transfers Not Itemized

$290,000

$290,000

$290,000

Sales and Services

$7,834,630

$7,834,630

$7,834,630

Sales and Services Not Itemized

$7,834,630

$7,834,630

$7,834,630

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,062,567

$5,062,567

$5,062,567

1038

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$5,062,567 $5,062,567 $23,390,720

$5,062,567 $5,062,567 $23,390,720

$5,062,567 $5,062,567 $23,390,720

Specialized Collision Reconstruction Team

Continuation Budget

The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the

prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for

complex crash and crime scene investigations upon request.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$3,274,853 $3,274,853
$205,538 $205,538 $205,538 $3,480,391

$3,274,853 $3,274,853
$205,538 $205,538 $205,538 $3,480,391

$3,274,853 $3,274,853
$205,538 $205,538 $205,538 $3,480,391

258.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$811

$811

$811

258.100 -Specialized Collision Reconstruction Team

Appropriation (HB 105)

The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the

prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for

complex crash and crime scene investigations upon request.

TOTAL STATE FUNDS

$3,275,664

$3,275,664

$3,275,664

State General Funds

$3,275,664

$3,275,664

$3,275,664

TOTAL AGENCY FUNDS

$205,538

$205,538

$205,538

Intergovernmental Transfers

$205,538

$205,538

$205,538

Intergovernmental Transfers Not Itemized

$205,538

$205,538

$205,538

TOTAL PUBLIC FUNDS

$3,481,202

$3,481,202

$3,481,202

Troop J Specialty Units

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,502,013 $1,502,013 $1,502,013

$1,502,013 $1,502,013 $1,502,013

$1,502,013 $1,502,013 $1,502,013

FRIDAY, FEBRUARY 22, 2013

1039

259.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$811

$811

$811

259.100 -Troop J Specialty Units

Appropriation (HB 105)

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 STATE FUNDS

$1,502,824

$1,502,824

$1,502,824

State General Funds

$1,502,824

$1,502,824

$1,502,824

TOTAL PUBLIC FUNDS

$1,502,824

$1,502,824

$1,502,824

Firefighter Standards and Training Council, Georgia

Continuation Budget

The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire

safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's

firefighters.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$635,005 $635,005 $635,005

$635,005 $635,005 $635,005

$635,005 $635,005 $635,005

260.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
260.2 Increase funds for personnel. State General Funds

($12)

($12)

($12) $16,000

260.100 -Firefighter Standards and Training Council, Georgia

Appropriation (HB 105)

The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire

safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's

firefighters.

TOTAL STATE FUNDS

$634,993

$634,993

$650,993

State General Funds

$634,993

$634,993

$650,993

TOTAL PUBLIC FUNDS

$634,993

$634,993

$650,993

Peace Officer Standards and Training Council, Georgia

Continuation Budget

The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement

officers and public safety professionals, certify individuals when all requirements are met, to investigate officers and public safety professionals when an

allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary.

1040

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,471,897 $2,471,897
$308,051 $308,051 $308,051 $2,779,948

$2,471,897 $2,471,897
$308,051 $308,051 $308,051 $2,779,948

$2,471,897 $2,471,897
$308,051 $308,051 $308,051 $2,779,948

261.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
261.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
261.3 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds:
261.4 Reduce funds for personnel. State General Funds

$2,837
($160)
($316,802) $316,802
$0

$2,837
($160)
$0 $0 $0
($46,231)

$2,837
($160)
($100,000) $100,000
$0
$0

261.100 -Peace Officer Standards and Training Council, Georgia

Appropriation (HB 105)

The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement

officers and public safety professionals, certify individuals when all requirements are met, to investigate officers and public safety professionals when an

allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary.

TOTAL STATE FUNDS

$2,157,772

$2,428,343

$2,374,574

State General Funds

$2,157,772

$2,428,343

$2,374,574

TOTAL AGENCY FUNDS

$624,853

$308,051

$408,051

Sales and Services

$624,853

$308,051

$408,051

Sales and Services Not Itemized

$624,853

$308,051

$408,051

TOTAL PUBLIC FUNDS

$2,782,625

$2,736,394

$2,782,625

Public Safety Training Center, Georgia

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS

$10,611,301 $10,611,301
$1,739,391 $3,739,774

$10,611,301 $10,611,301
$1,739,391 $3,739,774

$10,611,301 $10,611,301
$1,739,391 $3,739,774

FRIDAY, FEBRUARY 22, 2013

1041

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,207,466

$1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,207,466

$1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,207,466

262.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$18,119

$18,119

262.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($28,197)

($28,197)

262.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds

($108,841)

($108,841)

262.4 Reduce funds for operations. State General Funds

($159,498)

($59,498)

262.5 Reduce funds for contracts due to the closure of the North Central Georgia Law Enforcement Training Academy.

State General Funds

($50,000)

($50,000)

$18,119 ($28,197) ($108,841) ($159,498)
$0

262.100 -Public Safety Training Center, Georgia

Appropriation (HB 105)

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 STATE FUNDS

$10,282,884 $10,382,884 $10,332,884

State General Funds

$10,282,884 $10,382,884 $10,332,884

TOTAL FEDERAL FUNDS

$1,739,391

$1,739,391

$1,739,391

TOTAL AGENCY FUNDS

$3,739,774

$3,739,774

$3,739,774

Intergovernmental Transfers

$1,760,000

$1,760,000

$1,760,000

Intergovernmental Transfers Not Itemized

$1,760,000

$1,760,000

$1,760,000

Sales and Services

$1,979,774

$1,979,774

$1,979,774

Sales and Services Not Itemized

$1,979,774

$1,979,774

$1,979,774

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$117,000

$117,000

$117,000

State Funds Transfers

$117,000

$117,000

$117,000

Agency to Agency Contracts

$117,000

$117,000

$117,000

TOTAL PUBLIC FUNDS

$15,879,049 $15,979,049 $15,929,049

1042

JOURNAL OF THE HOUSE

Highway Safety, Office of

Continuation Budget

The purpose of this appropriation is to educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and

fatalities on Georgia roadways.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$368,599 $368,599 $17,327,181 $337,102 $337,102
$250 $336,852 $118,400 $118,400 $118,400 $18,151,282

$368,599 $368,599 $17,327,181 $337,102 $337,102
$250 $336,852 $118,400 $118,400 $118,400 $18,151,282

$368,599 $368,599 $17,327,181 $337,102 $337,102
$250 $336,852 $118,400 $118,400 $118,400 $18,151,282

263.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
263.2 Increase funds for personnel for five positions to offset a loss of federal funds. State General Funds
263.3 Reduce funds for real estate rentals. State General Funds

$11,543 $77,315 ($11,058)

$11,543 $77,315 ($11,058)

$11,543 $77,315 ($11,058)

263.100 -Highway Safety, Office of

Appropriation (HB 105)

The purpose of this appropriation is to educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and

fatalities on Georgia roadways.

TOTAL STATE FUNDS

$446,399

$446,399

$446,399

State General Funds

$446,399

$446,399

$446,399

TOTAL FEDERAL FUNDS

$17,327,181 $17,327,181 $17,327,181

TOTAL AGENCY FUNDS

$337,102

$337,102

$337,102

Sales and Services

$337,102

$337,102

$337,102

Sales and Services Not Itemized

$250

$250

$250

Specialty License Plate Revenues

$336,852

$336,852

$336,852

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$118,400

$118,400

$118,400

State Funds Transfers

$118,400

$118,400

$118,400

Agency to Agency Contracts

$118,400

$118,400

$118,400

TOTAL PUBLIC FUNDS

$18,229,082 $18,229,082 $18,229,082

FRIDAY, FEBRUARY 22, 2013

1043

Section 39: Public Service Commission
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Continuation $7,963,566 $7,963,566 $1,541,721 $9,505,287

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Final $7,673,049 $7,673,049 $1,541,721 $9,214,770

Commission Administration The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$1,111,939 $1,111,939
$83,500 $1,195,439

$7,963,566 $7,963,566 $1,541,721 $9,505,287

$7,963,566 $7,963,566 $1,541,721 $9,505,287

$7,673,049 $7,673,049 $1,541,721 $9,214,770

$7,716,027 $7,716,027 $1,541,721 $9,257,748

Continuation Budget

$1,111,939 $1,111,939
$83,500 $1,195,439

$1,111,939 $1,111,939
$83,500 $1,195,439

264.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
264.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$480 ($176)

$480 ($176)

$480 ($176)

264.100 -Commission Administration

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS

$1,112,243

State General Funds

$1,112,243

TOTAL FEDERAL FUNDS

$83,500

TOTAL PUBLIC FUNDS

$1,195,743

Appropriation (HB 105)

$1,112,243 $1,112,243
$83,500 $1,195,743

$1,112,243 $1,112,243
$83,500 $1,195,743

Facility Protection

Continuation Budget

The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through

training and inspections.

TOTAL STATE FUNDS State General Funds

$977,613 $977,613

$977,613 $977,613

$977,613 $977,613

1044

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$1,188,246 $2,165,859

$1,188,246 $2,165,859

$1,188,246 $2,165,859

265.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
265.2 Reduce funds for operations. State General Funds

$701 ($55,123)

$701 ($55,123)

$701 ($55,123)

265.100 -Facility Protection

Appropriation (HB 105)

The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through

training and inspections.

TOTAL STATE FUNDS

$923,191

$923,191

$923,191

State General Funds

$923,191

$923,191

$923,191

TOTAL FEDERAL FUNDS

$1,188,246

$1,188,246

$1,188,246

TOTAL PUBLIC FUNDS

$2,111,437

$2,111,437

$2,111,437

Utilities Regulation

Continuation Budget

The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies,

approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among

competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$5,874,014 $5,874,014
$269,975 $6,143,989

$5,874,014 $5,874,014
$269,975 $6,143,989

$5,874,014 $5,874,014
$269,975 $6,143,989

266.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$2,508

$2,508

$2,508

266.2 Reduce funds for personnel. State General Funds

($238,907)

($238,907)

($195,929)

266.99

SAC: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. House: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. Governor: The purpose of this appropriation is to monitor the rates and service standards of electric, natural gas, and telecommunications companies,

FRIDAY, FEBRUARY 22, 2013

1045

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 natural gas and telecommunications providers.

State General Funds

$0

$0

$0

266.100 -Utilities Regulation

Appropriation (HB 105)

The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers.

TOTAL STATE FUNDS

$5,637,615

$5,637,615

$5,680,593

State General Funds

$5,637,615

$5,637,615

$5,680,593

TOTAL FEDERAL FUNDS

$269,975

$269,975

$269,975

TOTAL PUBLIC FUNDS

$5,907,590

$5,907,590

$5,950,568

Section 40: Regents, University System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,828,569,784 $1,828,569,784

$1,828,569,784 $1,828,569,784

$4,520,662,186 $4,520,662,186

$3,625,810

$3,625,810

$3,625,810

$3,625,810

$2,109,626,120 $2,109,626,120

$2,109,626,120 $2,109,626,120

$223,307,362 $223,307,362

$223,307,362 $223,307,362

$2,184,102,894 $2,184,102,894

$2,184,102,894 $2,184,102,894

$6,349,231,970 $6,349,231,970

$1,828,569,784 $1,828,569,784 $4,520,662,186
$3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $223,307,362 $223,307,362 $2,184,102,894 $2,184,102,894 $6,349,231,970

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services

Section Total - Final $1,744,869,887 $1,744,869,887 $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $223,307,362 $223,307,362 $2,184,102,894

$1,745,263,827 $1,745,263,827 $4,520,662,186
$3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $223,307,362 $223,307,362 $2,184,102,894

$1,747,585,862 $1,747,585,862 $4,520,662,186
$3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $223,307,362 $223,307,362 $2,184,102,894

1046

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,184,102,894 $2,184,102,894 $2,184,102,894 $6,265,532,073 $6,265,926,013 $6,268,248,048

Agricultural Experiment Station

Continuation Budget

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability

and global competiveness of Georgia's agribusiness.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000
$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924

$35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000
$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924

$35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000
$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924

267.1 Reduce funds for personnel. State General Funds

($1,053,210) ($1,053,210) ($1,053,210)

267.100 -Agricultural Experiment Station

Appropriation (HB 105)

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability

and global competiveness of Georgia's agribusiness.

TOTAL STATE FUNDS

$34,053,795 $34,053,795 $34,053,795

State General Funds

$34,053,795 $34,053,795 $34,053,795

TOTAL AGENCY FUNDS

$37,552,919 $37,552,919 $37,552,919

Intergovernmental Transfers

$22,000,000 $22,000,000 $22,000,000

Intergovernmental Transfers Not Itemized

$22,000,000 $22,000,000 $22,000,000

Rebates, Refunds, and Reimbursements

$5,483,042

$5,483,042

$5,483,042

Rebates, Refunds, and Reimbursements Not Itemized

$5,483,042

$5,483,042

$5,483,042

Sales and Services

$10,069,877 $10,069,877 $10,069,877

Sales and Services Not Itemized

$10,069,877 $10,069,877 $10,069,877

TOTAL PUBLIC FUNDS

$71,606,714 $71,606,714 $71,606,714

Athens and Tifton Veterinary Laboratories

Continuation Budget

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.

FRIDAY, FEBRUARY 22, 2013

1047

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522

$0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522

$0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522

268.100 -Athens and Tifton Veterinary Laboratories

Appropriation (HB 105)

The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the

safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals.

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$4,944,522 $4,944,522 $4,944,522 $4,944,522

$4,944,522 $4,944,522 $4,944,522 $4,944,522

$4,944,522 $4,944,522 $4,944,522 $4,944,522

Cooperative Extension Service

Continuation Budget

The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and

consumer sciences, and to manage the 4-H youth program for the state.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780

$29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780

$29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780

269.1 Reduce funds for personnel. State General Funds

($884,036)

($884,036)

($884,036)

269.100 -Cooperative Extension Service

Appropriation (HB 105)

The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and

consumer sciences, and to manage the 4-H youth program for the state.

TOTAL STATE FUNDS

$28,583,815 $28,583,815 $28,583,815

State General Funds

$28,583,815 $28,583,815 $28,583,815

1048

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,667,744

$25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,667,744

$25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,667,744

Enterprise Innovation Institute

Continuation Budget

The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven

economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,375,440 $7,375,440 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,850,440

$7,375,440 $7,375,440 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,850,440

$7,375,440 $7,375,440 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,850,440

270.1 Reduce funds for operations. State General Funds

($115,203)

($221,263)

($115,203)

270.100 -Enterprise Innovation Institute

Appropriation (HB 105)

The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven

economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

TOTAL STATE FUNDS

$7,260,237

$7,154,177

$7,260,237

State General Funds

$7,260,237

$7,154,177

$7,260,237

TOTAL AGENCY FUNDS

$10,475,000 $10,475,000 $10,475,000

Intergovernmental Transfers

$7,875,000

$7,875,000

$7,875,000

Intergovernmental Transfers Not Itemized

$7,875,000

$7,875,000

$7,875,000

Rebates, Refunds, and Reimbursements

$1,100,000

$1,100,000

$1,100,000

Rebates, Refunds, and Reimbursements Not Itemized

$1,100,000

$1,100,000

$1,100,000

Sales and Services

$1,500,000

$1,500,000

$1,500,000

FRIDAY, FEBRUARY 22, 2013

1049

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,500,000 $17,735,237

$1,500,000 $17,629,177

$1,500,000 $17,735,237

Forestry Cooperative Extension

Continuation Budget

The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests

and other natural resources.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774

$502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774

$502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774

271.1 Reduce funds for personnel. State General Funds

($15,084)

($15,084)

($15,084)

271.100 -Forestry Cooperative Extension

Appropriation (HB 105)

The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests

and other natural resources.

TOTAL STATE FUNDS

$487,702

$487,702

$487,702

State General Funds

$487,702

$487,702

$487,702

TOTAL AGENCY FUNDS

$575,988

$575,988

$575,988

Intergovernmental Transfers

$475,988

$475,988

$475,988

Intergovernmental Transfers Not Itemized

$475,988

$475,988

$475,988

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$1,063,690

$1,063,690

$1,063,690

Forestry Research

Continuation Budget

The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-

industrial forest landowners and natural resources professionals in complying with state and federal regulations.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers

$2,579,928 $2,579,928 $10,250,426 $9,000,000

$2,579,928 $2,579,928 $10,250,426 $9,000,000

$2,579,928 $2,579,928 $10,250,426 $9,000,000

1050

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$9,000,000 $590,634 $590,634 $659,792 $659,792
$12,830,354

$9,000,000 $590,634 $590,634 $659,792 $659,792
$12,830,354

$9,000,000 $590,634 $590,634 $659,792 $659,792
$12,830,354

272.1 Reduce funds for personnel. State General Funds

($77,398)

($77,398)

($77,398)

272.100 -Forestry Research

Appropriation (HB 105)

The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-

industrial forest landowners and natural resources professionals in complying with state and federal regulations.

TOTAL STATE FUNDS

$2,502,530

$2,502,530

$2,502,530

State General Funds

$2,502,530

$2,502,530

$2,502,530

TOTAL AGENCY FUNDS

$10,250,426 $10,250,426 $10,250,426

Intergovernmental Transfers

$9,000,000

$9,000,000

$9,000,000

Intergovernmental Transfers Not Itemized

$9,000,000

$9,000,000

$9,000,000

Rebates, Refunds, and Reimbursements

$590,634

$590,634

$590,634

Rebates, Refunds, and Reimbursements Not Itemized

$590,634

$590,634

$590,634

Sales and Services

$659,792

$659,792

$659,792

Sales and Services Not Itemized

$659,792

$659,792

$659,792

TOTAL PUBLIC FUNDS

$12,752,956 $12,752,956 $12,752,956

Georgia Radiation Therapy Center

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

274.100 -Georgia Radiation Therapy Center

Appropriation (HB 105)

The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and

Radiation Therapy.

FRIDAY, FEBRUARY 22, 2013

1051

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$3,625,810 $3,625,810 $3,625,810 $3,625,810

$3,625,810 $3,625,810 $3,625,810 $3,625,810

$3,625,810 $3,625,810 $3,625,810 $3,625,810

Georgia Tech Research Institute

Continuation Budget

The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific,

engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589

$5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589

$5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589

275.1 Reduce funds for operations. State General Funds

($172,249)

($172,249)

275.2 Reduce funds added in HB742 (2012 Session) for industrial storm water solutions for Georgia's poultry industry.

State General Funds

($50,000)

($50,000)

($172,249) ($50,000)

275.100 -Georgia Tech Research Institute

Appropriation (HB 105)

The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific,

engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

TOTAL STATE FUNDS

$5,569,382

$5,569,382

$5,569,382

State General Funds

$5,569,382

$5,569,382

$5,569,382

TOTAL AGENCY FUNDS

$223,917,958 $223,917,958 $223,917,958

Intergovernmental Transfers

$141,469,736 $141,469,736 $141,469,736

Intergovernmental Transfers Not Itemized

$141,469,736 $141,469,736 $141,469,736

Rebates, Refunds, and Reimbursements

$68,733,109 $68,733,109 $68,733,109

Rebates, Refunds, and Reimbursements Not Itemized

$68,733,109 $68,733,109 $68,733,109

Sales and Services

$13,715,113 $13,715,113 $13,715,113

Sales and Services Not Itemized

$13,715,113 $13,715,113 $13,715,113

TOTAL PUBLIC FUNDS

$229,487,340 $229,487,340 $229,487,340

1052

JOURNAL OF THE HOUSE

Marine Institute

Continuation Budget

The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access

and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731

$729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731

$729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731

276.1 Reduce funds for personnel. State General Funds

($21,884)

($21,884)

($21,884)

276.100 -Marine Institute

Appropriation (HB 105)

The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access

and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

TOTAL STATE FUNDS

$707,566

$707,566

$707,566

State General Funds

$707,566

$707,566

$707,566

TOTAL AGENCY FUNDS

$486,281

$486,281

$486,281

Intergovernmental Transfers

$367,648

$367,648

$367,648

Intergovernmental Transfers Not Itemized

$367,648

$367,648

$367,648

Rebates, Refunds, and Reimbursements

$118,633

$118,633

$118,633

Rebates, Refunds, and Reimbursements Not Itemized

$118,633

$118,633

$118,633

TOTAL PUBLIC FUNDS

$1,193,847

$1,193,847

$1,193,847

Marine Resources Extension Center

Continuation Budget

The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services

$1,199,121 $1,199,121 $1,345,529
$600,000 $600,000 $90,000 $90,000 $655,529

$1,199,121 $1,199,121 $1,345,529
$600,000 $600,000 $90,000 $90,000 $655,529

$1,199,121 $1,199,121 $1,345,529
$600,000 $600,000 $90,000 $90,000 $655,529

FRIDAY, FEBRUARY 22, 2013

1053

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$655,529 $2,544,650

$655,529 $2,544,650

$655,529 $2,544,650

277.1 Reduce funds for personnel. State General Funds

($35,974)

($35,974)

($35,974)

277.100 -Marine Resources Extension Center

Appropriation (HB 105)

The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

TOTAL STATE FUNDS

$1,163,147

$1,163,147

$1,163,147

State General Funds

$1,163,147

$1,163,147

$1,163,147

TOTAL AGENCY FUNDS

$1,345,529

$1,345,529

$1,345,529

Intergovernmental Transfers

$600,000

$600,000

$600,000

Intergovernmental Transfers Not Itemized

$600,000

$600,000

$600,000

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

Sales and Services

$655,529

$655,529

$655,529

Sales and Services Not Itemized

$655,529

$655,529

$655,529

TOTAL PUBLIC FUNDS

$2,508,676

$2,508,676

$2,508,676

Medical College of Georgia Hospital and Clinics

Continuation Budget

The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency

and express care.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$29,172,642 $29,172,642 $29,172,642

$29,172,642 $29,172,642 $29,172,642

$29,172,642 $29,172,642 $29,172,642

278.1 Reduce funds for personnel and replace with other funds. State General Funds

($875,179)

($875,179)

($875,179)

278.100 -Medical College of Georgia Hospital and Clinics

Appropriation (HB 105)

The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency

and express care.

TOTAL STATE FUNDS

$28,297,463 $28,297,463 $28,297,463

State General Funds

$28,297,463 $28,297,463 $28,297,463

TOTAL PUBLIC FUNDS

$28,297,463 $28,297,463 $28,297,463

1054

JOURNAL OF THE HOUSE

Public Libraries

Continuation Budget

The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to

information for all Georgians regardless of geographic location or special needs.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$32,189,109 $32,189,109
$5,222,400 $5,222,400 $5,222,400 $37,411,509

$32,189,109 $32,189,109
$5,222,400 $5,222,400 $5,222,400 $37,411,509

$32,189,109 $32,189,109
$5,222,400 $5,222,400 $5,222,400 $37,411,509

279.1 Reduce funds for personnel. State General Funds
279.2 Reduce funds for operations. State General Funds 279.3 Reduce funds for public library state grants. State General Funds

($41,646) ($32,963) ($891,064)

($41,646) ($32,963) ($891,064)

($41,646) ($32,963) ($875,089)

279.100 -Public Libraries

Appropriation (HB 105)

The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to

information for all Georgians regardless of geographic location or special needs.

TOTAL STATE FUNDS

$31,223,436 $31,223,436 $31,239,411

State General Funds

$31,223,436 $31,223,436 $31,239,411

TOTAL AGENCY FUNDS

$5,222,400

$5,222,400

$5,222,400

Intergovernmental Transfers

$5,222,400

$5,222,400

$5,222,400

Intergovernmental Transfers Not Itemized

$5,222,400

$5,222,400

$5,222,400

TOTAL PUBLIC FUNDS

$36,445,836 $36,445,836 $36,461,811

Public Service / Special Funding Initiatives

Continuation Budget

The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$18,843,915 $18,843,915 $18,843,915

$18,843,915 $18,843,915 $18,843,915

$18,843,915 $18,843,915 $18,843,915

280.1 Reduce funds for personnel to recognize one vacant faculty research position at the Georgia Regents University Cancer Research Center.

State General Funds

($150,000)

($150,000)

($150,000)

FRIDAY, FEBRUARY 22, 2013

1055

280.2 Reduce funds for the Health Professions Initiative. State General Funds

($126,900)

280.3 Reduce funds for personnel and operations for the Fort Valley University Land Grant Match.

State General Funds

($109,942)

280.4 Reduce funds for personnel and operations for the Georgia Regents University Mission Related Program.

State General Funds

($170,735)

280.5 Reduce funds for personnel for the Georgia Regents University Nurse Anesthetist Program. State General Funds

($7,740)

($126,900) ($109,942) ($170,735)
($7,740)

($126,900) ($109,942) ($170,735)
($7,740)

280.100 -Public Service / Special Funding Initiatives

Appropriation (HB 105)

The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

TOTAL STATE FUNDS

$18,278,598 $18,278,598 $18,278,598

State General Funds

$18,278,598 $18,278,598 $18,278,598

TOTAL PUBLIC FUNDS

$18,278,598 $18,278,598 $18,278,598

Regents Central Office

Continuation Budget

The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern

Regional Education Board.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,231,266 $8,231,266 $8,231,266

$8,231,266 $8,231,266 $8,231,266

$8,231,266 $8,231,266 $8,231,266

281.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 281.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 281.3 Reduce funds for personnel for the University System Office. State General Funds 281.4 Reduce funds for operations to GALILEO. State General Funds

$104,473 ($23,055) ($133,097) ($77,488)

$104,473 ($23,055) ($133,097) ($77,488)

$104,473 ($23,055) ($133,097) ($77,488)

1056

JOURNAL OF THE HOUSE

281.100 -Regents Central Office

Appropriation (HB 105)

The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern

Regional Education Board.

TOTAL STATE FUNDS

$8,102,099

$8,102,099

$8,102,099

State General Funds

$8,102,099

$8,102,099

$8,102,099

TOTAL PUBLIC FUNDS

$8,102,099

$8,102,099

$8,102,099

Research Consortium

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,293,244 $6,293,244 $6,293,244

$6,293,244 $6,293,244 $6,293,244

$6,293,244 $6,293,244 $6,293,244

282.1 Reduce funds for personnel. State General Funds
282.2 Reduce funds for operations. State General Funds

($6,430) ($182,367)

($6,430) ($182,367)

($6,430) ($182,367)

282.100 -Research Consortium

Appropriation (HB 105)

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 STATE FUNDS

$6,104,447

$6,104,447

$6,104,447

State General Funds

$6,104,447

$6,104,447

$6,104,447

TOTAL PUBLIC FUNDS

$6,104,447

$6,104,447

$6,104,447

Skidaway Institute of Oceanography

Continuation Budget

The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services

$1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620
$550,000 $550,000 $350,000

$1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620
$550,000 $550,000 $350,000

$1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620
$550,000 $550,000 $350,000

FRIDAY, FEBRUARY 22, 2013

1057

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$350,000 $4,879,925

$350,000 $4,879,925

$350,000 $4,879,925

283.1 Reduce funds for personnel. State General Funds

($36,879)

($36,879)

($36,879)

283.100 -Skidaway Institute of Oceanography

Appropriation (HB 105)

The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

TOTAL STATE FUNDS

$1,192,426

$1,192,426

$1,192,426

State General Funds

$1,192,426

$1,192,426

$1,192,426

TOTAL AGENCY FUNDS

$3,650,620

$3,650,620

$3,650,620

Intergovernmental Transfers

$2,750,620

$2,750,620

$2,750,620

Intergovernmental Transfers Not Itemized

$2,750,620

$2,750,620

$2,750,620

Rebates, Refunds, and Reimbursements

$550,000

$550,000

$550,000

Rebates, Refunds, and Reimbursements Not Itemized

$550,000

$550,000

$550,000

Sales and Services

$350,000

$350,000

$350,000

Sales and Services Not Itemized

$350,000

$350,000

$350,000

TOTAL PUBLIC FUNDS

$4,843,046

$4,843,046

$4,843,046

Teaching

Continuation Budget

The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student

instruction and to establish and operate other initiatives that promote, support, or extend student learning.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,901,920,206
$138,766,875 $138,766,875 $2,143,221,772 $2,143,221,772 $5,815,599,648

$1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,901,920,206
$138,766,875 $138,766,875 $2,143,221,772 $2,143,221,772 $5,815,599,648

$1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,901,920,206
$138,766,875 $138,766,875 $2,143,221,772 $2,143,221,772 $5,815,599,648

284.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
284.2 Reduce funds for personnel. State General Funds

($2,723,724) ($2,723,724) ($2,723,724) ($38,966,311) ($38,966,311) ($38,966,311)

1058

JOURNAL OF THE HOUSE

284.3 Reduce funds for operations. State General Funds

($34,458,650) ($34,458,650) ($34,458,650)

284.4 Reduce funds for one-time funding added in HB742 (2012 Session) for the Southern Legislative Conference's Center for Advancement of Leadership Skills Program at Georgia State University.

State General Funds

($25,000)

($25,000)

($25,000)

284.5 Reduce funds for the special appropriation for Georgia Gwinnett College to reflect a decreased rate of enrollment growth.

State General Funds

($2,700,000) ($2,200,000)

$0

284.100 -Teaching

Appropriation (HB 105)

The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student

instruction and to establish and operate other initiatives that promote, support, or extend student learning.

TOTAL STATE FUNDS

$1,552,817,110 $1,553,317,110 $1,555,517,110

State General Funds

$1,552,817,110 $1,553,317,110 $1,555,517,110

TOTAL AGENCY FUNDS

$4,183,908,853 $4,183,908,853 $4,183,908,853

Intergovernmental Transfers

$1,901,920,206 $1,901,920,206 $1,901,920,206

Intergovernmental Transfers Not Itemized

$1,901,920,206 $1,901,920,206 $1,901,920,206

Rebates, Refunds, and Reimbursements

$138,766,875 $138,766,875 $138,766,875

Rebates, Refunds, and Reimbursements Not Itemized

$138,766,875 $138,766,875 $138,766,875

Sales and Services

$2,143,221,772 $2,143,221,772 $2,143,221,772

Sales and Services Not Itemized

$2,143,221,772 $2,143,221,772 $2,143,221,772

TOTAL PUBLIC FUNDS

$5,736,725,963 $5,737,225,963 $5,739,425,963

Veterinary Medicine Experiment Station

Continuation Budget

The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential

concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,546,463 $2,546,463 $2,546,463

$2,546,463 $2,546,463 $2,546,463

$2,546,463 $2,546,463 $2,546,463

285.1 Reduce funds for operations. State General Funds
285.2 Reduce funds for personnel. State General Funds

($2,394) ($74,000)

($2,394) ($74,000)

($2,394) ($74,000)

FRIDAY, FEBRUARY 22, 2013

1059

285.100 -Veterinary Medicine Experiment Station

Appropriation (HB 105)

The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential

concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

TOTAL STATE FUNDS

$2,470,069

$2,470,069

$2,470,069

State General Funds

$2,470,069

$2,470,069

$2,470,069

TOTAL PUBLIC FUNDS

$2,470,069

$2,470,069

$2,470,069

Veterinary Medicine Teaching Hospital

Continuation Budget

The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of

production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990

$429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990

$429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990

286.1 Reduce funds for personnel. State General Funds

($12,871)

($12,871)

($12,871)

286.100 -Veterinary Medicine Teaching Hospital

Appropriation (HB 105)

The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of

production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

TOTAL STATE FUNDS

$416,168

$416,168

$416,168

State General Funds

$416,168

$416,168

$416,168

TOTAL AGENCY FUNDS

$9,621,951

$9,621,951

$9,621,951

Sales and Services

$9,621,951

$9,621,951

$9,621,951

Sales and Services Not Itemized

$9,621,951

$9,621,951

$9,621,951

TOTAL PUBLIC FUNDS

$10,038,119 $10,038,119 $10,038,119

Payments to Georgia Military College

Continuation Budget

The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military

College and preparatory school.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,339,951 $2,339,951 $2,339,951

$2,339,951 $2,339,951 $2,339,951

$2,339,951 $2,339,951 $2,339,951

1060

JOURNAL OF THE HOUSE

287.1 Reduce funds for the pass-through payment for the Prep School. State General Funds
287.2 Reduce funds for the pass-through payment for the Junior College. State General Funds

($47,522) ($22,677)

($47,522) ($22,677)

($47,522) ($22,677)

287.100 -Payments to Georgia Military College

Appropriation (HB 105)

The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military

College and preparatory school.

TOTAL STATE FUNDS

$2,269,752

$2,269,752

$2,269,752

State General Funds

$2,269,752

$2,269,752

$2,269,752

TOTAL PUBLIC FUNDS

$2,269,752

$2,269,752

$2,269,752

Payments to Public Telecommunications Commission, Georgia

Continuation Budget

The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and

enrich the quality of their lives.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,850,843 $12,850,843 $12,850,843

$12,850,843 $12,850,843 $12,850,843

$12,850,843 $12,850,843 $12,850,843

288.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$112,159

$112,159

$112,159

288.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($14,212)

($14,212)

($14,212)

288.3 Reduce funds added in HB742 (2012 Session) for special education programming. State General Funds

($50,000)

($50,000)

($50,000)

288.4 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for half of the Discovery Education contract.

State General Funds

$471,355

$471,355

$471,355

288.100 -Payments to Public Telecommunications Commission, Georgia

Appropriation (HB 105)

The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and

enrich the quality of their lives.

TOTAL STATE FUNDS

$13,370,145 $13,370,145 $13,370,145

State General Funds

$13,370,145 $13,370,145 $13,370,145

TOTAL PUBLIC FUNDS

$13,370,145 $13,370,145 $13,370,145

FRIDAY, FEBRUARY 22, 2013

1061

Section 41: Revenue, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $139,713,911 $139,563,911 $150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609

$139,713,911 $139,563,911
$150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609

$139,713,911 $139,563,911
$150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $140,477,013 $140,327,013 $150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $174,604,711

$139,115,390 $138,965,390
$150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,243,088

$140,327,013 $140,177,013
$150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $174,454,711

Customer Service

Continuation Budget

The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding

tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$13,763,396 $13,763,396
$365,580 $225,580 $225,580

$13,763,396 $13,763,396
$365,580 $225,580 $225,580

$13,763,396 $13,763,396
$365,580 $225,580 $225,580

1062

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$140,000 $140,000 $14,128,976

$140,000 $140,000 $14,128,976

$140,000 $140,000 $14,128,976

289.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
289.2 Reduce funds for personnel and operations. State General Funds

$257,328 ($490,687)

$257,328 ($490,687)

$257,328 ($490,687)

289.100 -Customer Service

Appropriation (HB 105)

The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding

tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.

TOTAL STATE FUNDS

$13,530,037 $13,530,037 $13,530,037

State General Funds

$13,530,037 $13,530,037 $13,530,037

TOTAL AGENCY FUNDS

$365,580

$365,580

$365,580

Intergovernmental Transfers

$225,580

$225,580

$225,580

Intergovernmental Transfers Not Itemized

$225,580

$225,580

$225,580

Sales and Services

$140,000

$140,000

$140,000

Sales and Services Not Itemized

$140,000

$140,000

$140,000

TOTAL PUBLIC FUNDS

$13,895,617 $13,895,617 $13,895,617

Departmental Administration

Continuation Budget

The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating

programs of the Department of Revenue.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$6,573,819 $6,573,819
$484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029

$6,573,819 $6,573,819
$484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029

$6,573,819 $6,573,819
$484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029

290.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$57,184

$57,184

$57,184

FRIDAY, FEBRUARY 22, 2013

1063

290.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($4,008)

($4,008)

($4,008)

290.100-Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating

programs of the Department of Revenue.

TOTAL STATE FUNDS

$6,626,995

$6,626,995

$6,626,995

State General Funds

$6,626,995

$6,626,995

$6,626,995

TOTAL AGENCY FUNDS

$484,210

$484,210

$484,210

Sales and Services

$424,210

$424,210

$424,210

Sales and Services Not Itemized

$424,210

$424,210

$424,210

Sanctions, Fines, and Penalties

$60,000

$60,000

$60,000

Sanctions, Fines, and Penalties Not Itemized

$60,000

$60,000

$60,000

TOTAL PUBLIC FUNDS

$7,111,205

$7,111,205

$7,111,205

Forest Land Protection Grants

Continuation Budget

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 OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$14,184,250 $14,184,250 $14,184,250

$14,184,250 $14,184,250 $14,184,250

$14,184,250 $14,184,250 $14,184,250

291.100 -Forest Land Protection Grants

Appropriation (HB 105)

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 OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session.

TOTAL STATE FUNDS

$14,184,250 $14,184,250 $14,184,250

State General Funds

$14,184,250 $14,184,250 $14,184,250

TOTAL PUBLIC FUNDS

$14,184,250 $14,184,250 $14,184,250

Fraud Detection and Prevention

Continuation Budget

The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools.

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

292.1 Increase funds for contracts for the Fraud Detection and Prevention program by transferring savings from the Tax Compliance program.

State General Funds

$1,986,623

$625,000

$800,000

1064

JOURNAL OF THE HOUSE

292.100 -Fraud Detection and Prevention

Appropriation (HB 105)

The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools.

TOTAL STATE FUNDS

$1,986,623

$625,000

$800,000

State General Funds

$1,986,623

$625,000

$800,000

TOTAL PUBLIC FUNDS

$1,986,623

$625,000

$800,000

Industry Regulation

Continuation Budget

The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin

operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road

vehicles.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$3,041,834 $2,891,834
$150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759

$3,041,834 $2,891,834
$150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759

$3,041,834 $2,891,834
$150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759

293.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$28,592

293.2 Reduce funds for personnel for one vacant auditor position and one vacant compliance investigator position.

State General Funds

($60,000)

$28,592 ($60,000)

$28,592 ($60,000)

293.100 -Industry Regulation

Appropriation (HB 105)

The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin

operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road

vehicles.

TOTAL STATE FUNDS

$3,010,426

$3,010,426

$3,010,426

State General Funds

$2,860,426

$2,860,426

$2,860,426

Tobacco Settlement Funds

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$518,929

$518,929

$518,929

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$251,507

$251,507

$251,507

TOTAL AGENCY FUNDS

$2,421,996

$2,421,996

$2,421,996

Sales and Services

$1,921,996

$1,921,996

$1,921,996

FRIDAY, FEBRUARY 22, 2013

1065

Sales and Services Not Itemized Sanctions, Fines, and Penalties
Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$1,921,996 $500,000 $500,000
$5,951,351

$1,921,996 $500,000 $500,000
$5,951,351

$1,921,996 $500,000 $500,000
$5,951,351

Local Government Services

Continuation Budget

The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038

$1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038

$1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038

294.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$171,552

$171,552

$171,552

294.100 -Local Government Services

Appropriation (HB 105)

The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.

TOTAL STATE FUNDS

$1,990,590

$1,990,590

$1,990,590

State General Funds

$1,990,590

$1,990,590

$1,990,590

TOTAL AGENCY FUNDS

$3,095,000

$3,095,000

$3,095,000

Sales and Services

$3,095,000

$3,095,000

$3,095,000

Sales and Services Not Itemized

$3,095,000

$3,095,000

$3,095,000

TOTAL PUBLIC FUNDS

$5,085,590

$5,085,590

$5,085,590

Local Tax Officials Retirement and FICA

Continuation Budget

The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,232,474 $9,232,474 $9,232,474

$9,232,474 $9,232,474 $9,232,474

$9,232,474 $9,232,474 $9,232,474

295.100 -Local Tax Officials Retirement and FICA

Appropriation (HB 105)

The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

TOTAL STATE FUNDS

$9,232,474

$9,232,474

$9,232,474

State General Funds

$9,232,474

$9,232,474

$9,232,474

TOTAL PUBLIC FUNDS

$9,232,474

$9,232,474

$9,232,474

1066

JOURNAL OF THE HOUSE

Motor Vehicle Registration and Titling

Continuation Budget

The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-

worthiness for new title issuance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,265,208 $14,265,208
$6,440,990 $6,440,990 $6,440,990 $20,706,198

$14,265,208 $14,265,208
$6,440,990 $6,440,990 $6,440,990 $20,706,198

$14,265,208 $14,265,208
$6,440,990 $6,440,990 $6,440,990 $20,706,198

296.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$886,350

$886,350

$886,350

296.100 -Motor Vehicle Registration and Titling

Appropriation (HB 105)

The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-

worthiness for new title issuance.

TOTAL STATE FUNDS

$15,151,558 $15,151,558 $15,151,558

State General Funds

$15,151,558 $15,151,558 $15,151,558

TOTAL AGENCY FUNDS

$6,440,990

$6,440,990

$6,440,990

Sales and Services

$6,440,990

$6,440,990

$6,440,990

Sales and Services Not Itemized

$6,440,990

$6,440,990

$6,440,990

TOTAL PUBLIC FUNDS

$21,592,548 $21,592,548 $21,592,548

Office of Special Investigations

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,710,891 $3,710,891 $3,710,891

$3,710,891 $3,710,891 $3,710,891

$3,710,891 $3,710,891 $3,710,891

297.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$28,592

$28,592

$28,592

297.100 -Office of Special Investigations

Appropriation (HB 105)

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.

FRIDAY, FEBRUARY 22, 2013

1067

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,739,483 $3,739,483 $3,739,483

$3,739,483 $3,739,483 $3,739,483

$3,739,483 $3,739,483 $3,739,483

Revenue Processing

Continuation Budget

The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and

to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$14,243,359 $14,243,359 $14,243,359

$14,243,359 $14,243,359 $14,243,359

$14,243,359 $14,243,359 $14,243,359

298.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
298.2 Reduce funds for personnel and operations. State General Funds

$28,592

$28,592

$28,592

($1,169,016) ($1,169,016) ($1,169,016)

298.100 -Revenue Processing

Appropriation (HB 105)

The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and

to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

TOTAL STATE FUNDS

$13,102,935 $13,102,935 $13,102,935

State General Funds

$13,102,935 $13,102,935 $13,102,935

TOTAL PUBLIC FUNDS

$13,102,935 $13,102,935 $13,102,935

Tax Compliance The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$35,779,600 $35,779,600 $19,835,993
$210,000 $210,000 $19,625,993 $19,625,993 $55,615,593

$35,779,600 $35,779,600 $19,835,993
$210,000 $210,000 $19,625,993 $19,625,993 $55,615,593

$35,779,600 $35,779,600 $19,835,993
$210,000 $210,000 $19,625,993 $19,625,993 $55,615,593

299.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$228,736

$228,736

$228,736

1068

JOURNAL OF THE HOUSE

299.2 Reduce funds for personnel. State General Funds

($372,383) ($1,734,006)

($522,383)

299.3 Reduce funds for personnel in the Tax Compliance program and transfer savings to the Fraud Detection and Prevention program for contracts.

State General Funds

($1,986,623)

($625,000)

($800,000)

299.100 -Tax Compliance

The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

TOTAL STATE FUNDS

$33,649,330

State General Funds

$33,649,330

TOTAL AGENCY FUNDS

$19,835,993

Intergovernmental Transfers

$210,000

Intergovernmental Transfers Not Itemized

$210,000

Sales and Services

$19,625,993

Sales and Services Not Itemized

$19,625,993

TOTAL PUBLIC FUNDS

$53,485,323

Appropriation (HB 105)

$33,649,330 $33,649,330 $19,835,993
$210,000 $210,000 $19,625,993 $19,625,993 $53,485,323

$34,685,953 $34,685,953 $19,835,993
$210,000 $210,000 $19,625,993 $19,625,993 $54,521,946

Tax Policy

Continuation Budget

The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the

State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$1,610,939 $1,610,939
$965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939

$1,610,939 $1,610,939
$965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939

$1,610,939 $1,610,939
$965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939

300.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$114,368

$114,368

$114,368

300.100 -Tax Policy

Appropriation (HB 105)

The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the

State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

TOTAL STATE FUNDS

$1,725,307

$1,725,307

$1,725,307

State General Funds

$1,725,307

$1,725,307

$1,725,307

TOTAL AGENCY FUNDS

$965,000

$965,000

$965,000

FRIDAY, FEBRUARY 22, 2013

1069

Sales and Services Sales and Services Not Itemized
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$525,000 $525,000 $440,000 $440,000 $2,690,307

$525,000 $525,000 $440,000 $440,000 $2,690,307

$525,000 $525,000 $440,000 $440,000 $2,690,307

Technology Support Services

Continuation Budget

The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$21,489,103 $21,489,103 $21,489,103

$21,489,103 $21,489,103 $21,489,103

$21,489,103 $21,489,103 $21,489,103

301.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,057,902

$1,057,902

$1,057,902

301.100 -Technology Support Services

Appropriation (HB 105)

The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers.

TOTAL STATE FUNDS

$22,547,005 $22,547,005 $22,547,005

State General Funds

$22,547,005 $22,547,005 $22,547,005

TOTAL PUBLIC FUNDS

$22,547,005 $22,547,005 $22,547,005

Section 42: Secretary of State
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $30,930,113 $30,930,113 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296

$30,930,113 $30,930,113
$85,000 $1,557,183
$41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296

$30,930,113 $30,930,113
$85,000 $1,557,183
$41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Final $31,174,353 $31,174,353 $85,000

$31,174,353 $31,174,353
$85,000

$31,299,353 $31,299,353
$85,000

1070

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,557,183 $41,900 $41,900
$1,515,283 $435,771
$1,079,512 $32,816,536

$1,557,183 $41,900 $41,900
$1,515,283 $435,771
$1,079,512 $32,816,536

$1,557,183 $41,900 $41,900
$1,515,283 $435,771
$1,079,512 $32,941,536

Archives and Records

Continuation Budget

The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist

State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their

non-current records to the State Records Center.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,433,889 $4,433,889
$532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560

$4,433,889 $4,433,889
$532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560

$4,433,889 $4,433,889
$532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560

302.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($1,593)

($1,593)

302.2 Reduce funds for personnel and eliminate five filled positions. (H:Reduce funds for personnel, eliminate five filled positions and one vacant position, and reduce funds for operations)(S:Reduce funds while maintaining service two days a week)

State General Funds

($607,626)

($607,626)

($482,626)

302.100 -Archives and Records

Appropriation (HB 105)

The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist

State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their

non-current records to the State Records Center.

TOTAL STATE FUNDS

$3,826,263

$3,824,670

$3,949,670

State General Funds

$3,826,263

$3,824,670

$3,949,670

TOTAL AGENCY FUNDS

$532,671

$532,671

$532,671

Contributions, Donations, and Forfeitures

$21,900

$21,900

$21,900

Contributions, Donations, and Forfeitures Not Itemized

$21,900

$21,900

$21,900

Sales and Services

$510,771

$510,771

$510,771

FRIDAY, FEBRUARY 22, 2013

1071

Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$435,771 $75,000 $4,358,934

$435,771 $75,000 $4,357,341

$435,771 $75,000 $4,482,341

Corporations

Continuation Budget

The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general

information to the public on all filed entities.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,261,271 $1,261,271
$739,512 $739,512 $739,512 $2,000,783

$1,261,271 $1,261,271
$739,512 $739,512 $739,512 $2,000,783

$1,261,271 $1,261,271
$739,512 $739,512 $739,512 $2,000,783

303.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($327)

($327)

303.100 -Corporations

Appropriation (HB 105)

The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general

information to the public on all filed entities.

TOTAL STATE FUNDS

$1,261,271

$1,260,944

$1,260,944

State General Funds

$1,261,271

$1,260,944

$1,260,944

TOTAL AGENCY FUNDS

$739,512

$739,512

$739,512

Sales and Services

$739,512

$739,512

$739,512

Sales and Services Not Itemized

$739,512

$739,512

$739,512

TOTAL PUBLIC FUNDS

$2,000,783

$2,000,456

$2,000,456

Elections

Continuation Budget

The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by providing all required filing and public information services,

performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying

with all election, voter registration and financial disclosure laws.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services

$4,789,720 $4,789,720
$85,000 $50,000 $50,000

$4,789,720 $4,789,720
$85,000 $50,000 $50,000

$4,789,720 $4,789,720
$85,000 $50,000 $50,000

1072

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$50,000 $4,924,720

$50,000 $4,924,720

$50,000 $4,924,720

304.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,181,833

$1,181,833

$1,181,833

304.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($673)

($673)

304.3 Increase funds for printing voter registration applications to comply with the National Voter Registration Act maintenance of effort requirements by transferring savings from the Office Administration program.

State General Funds

$260,000

$260,000

$260,000

304.100 -Elections

Appropriation (HB 105)

The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by providing all required filing and public information services,

performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying

with all election, voter registration and financial disclosure laws.

TOTAL STATE FUNDS

$6,231,553

$6,230,880

$6,230,880

State General Funds

$6,231,553

$6,230,880

$6,230,880

TOTAL FEDERAL FUNDS

$85,000

$85,000

$85,000

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

Sales and Services

$50,000

$50,000

$50,000

Sales and Services Not Itemized

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$6,366,553

$6,365,880

$6,365,880

Office Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,117,898 $6,117,898
$15,000 $15,000 $15,000 $6,132,898

$6,117,898 $6,117,898
$15,000 $15,000 $15,000 $6,132,898

$6,117,898 $6,117,898
$15,000 $15,000 $15,000 $6,132,898

305.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($4,279)

($167)

($167)

FRIDAY, FEBRUARY 22, 2013

1073

305.2 Reduce funds for the Office Administration program and transfer savings to the Elections program for printing voter registration applications to comply with the National Voter Registration Act maintenance of effort requirements.

State General Funds

($260,000)

($260,000)

($260,000)

305.100 -Office Administration

Appropriation (HB 105)

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS

$5,853,619

$5,857,731

$5,857,731

State General Funds

$5,853,619

$5,857,731

$5,857,731

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

Sales and Services

$15,000

$15,000

$15,000

Sales and Services Not Itemized

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$5,868,619

$5,872,731

$5,872,731

Professional Licensing Boards

Continuation Budget

The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,011,199 $7,011,199
$150,000 $150,000 $150,000 $7,161,199

$7,011,199 $7,011,199
$150,000 $150,000 $150,000 $7,161,199

$7,011,199 $7,011,199
$150,000 $150,000 $150,000 $7,161,199

306.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($859)

($859)

306.100 -Professional Licensing Boards

Appropriation (HB 105)

The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS

$7,011,199

$7,010,340

$7,010,340

State General Funds

$7,011,199

$7,010,340

$7,010,340

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$7,161,199

$7,160,340

$7,160,340

Securities

Continuation Budget

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.

1074

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$833,891 $833,891 $50,000 $50,000 $50,000 $883,891

$833,891 $833,891 $50,000 $50,000 $50,000 $883,891

$833,891 $833,891 $50,000 $50,000 $50,000 $883,891

307.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($82)

($82)

307.100 -Securities

Appropriation (HB 105)

The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act,

and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions.

TOTAL STATE FUNDS

$833,891

$833,809

$833,809

State General Funds

$833,891

$833,809

$833,809

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

Sales and Services

$50,000

$50,000

$50,000

Sales and Services Not Itemized

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$883,891

$883,809

$883,809

Commission on the Holocaust, Georgia

Continuation Budget

The purpose of this appropriation is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the

enormity of the crimes of prejudice and inhumanity.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$252,104 $252,104 $20,000 $20,000 $20,000 $272,104

$252,104 $252,104 $20,000 $20,000 $20,000 $272,104

$252,104 $252,104 $20,000 $20,000 $20,000 $272,104

308.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
308.2 Reduce funds for operations. State General Funds

($12) ($7,563)

($12) ($7,563)

($12) ($7,563)

FRIDAY, FEBRUARY 22, 2013

1075

308.100 -Commission on the Holocaust, Georgia

Appropriation (HB 105)

The purpose of this appropriation is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the

enormity of the crimes of prejudice and inhumanity.

TOTAL STATE FUNDS

$244,529

$244,529

$244,529

State General Funds

$244,529

$244,529

$244,529

TOTAL AGENCY FUNDS

$20,000

$20,000

$20,000

Contributions, Donations, and Forfeitures

$20,000

$20,000

$20,000

Contributions, Donations, and Forfeitures Not Itemized

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$264,529

$264,529

$264,529

Drugs and Narcotics Agency, Georgia

Continuation Budget

The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and

regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,941,697 $1,941,697 $1,941,697

$1,941,697 $1,941,697 $1,941,697

$1,941,697 $1,941,697 $1,941,697

309.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 309.2 Reduce funds for personnel to reflect projected expenditures. State General Funds 309.3 Reduce funds for operations. State General Funds 309.4 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$34,473 ($223,829)
($25,251)

$34,473 ($223,829)
($25,251) ($53)

$34,473 ($223,829)
($25,251) ($53)

309.100 -Drugs and Narcotics Agency, Georgia

Appropriation (HB 105)

The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and

regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS

$1,727,090

$1,727,037

$1,727,037

State General Funds

$1,727,090

$1,727,037

$1,727,037

TOTAL PUBLIC FUNDS

$1,727,090

$1,727,037

$1,727,037

Real Estate Commission

Continuation Budget

The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia

Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

1076

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,944,265 $2,944,265 $2,944,265

$2,944,265 $2,944,265 $2,944,265

$2,944,265 $2,944,265 $2,944,265

310.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
310.2 Reduce funds for personnel to reflect projected expenditures. State General Funds
310.3 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$4,734 ($108,871)

$4,734 ($108,871)
($525)

$4,734 ($108,871)
($525)

310.100 -Real Estate Commission

Appropriation (HB 105)

The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia

Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

TOTAL STATE FUNDS

$2,840,128

$2,839,603

$2,839,603

State General Funds

$2,840,128

$2,839,603

$2,839,603

TOTAL PUBLIC FUNDS

$2,840,128

$2,839,603

$2,839,603

Government Transparency and Campaign Finance Commission, Georgia

Continuation Budget

The purpose of this appropriation is to protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate

campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,344,179 $1,344,179 $1,344,179

$1,344,179 $1,344,179 $1,344,179

$1,344,179 $1,344,179 $1,344,179

311.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$631

$631

$631

311.100 -Government Transparency and Campaign Finance Commission, Georgia

Appropriation (HB 105)

The purpose of this appropriation is to protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate

campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements.

TOTAL STATE FUNDS

$1,344,810

$1,344,810

$1,344,810

State General Funds

$1,344,810

$1,344,810

$1,344,810

TOTAL PUBLIC FUNDS

$1,344,810

$1,344,810

$1,344,810

FRIDAY, FEBRUARY 22, 2013

1077

Section 43: Soil and Water Conservation Commission
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS

Section Total - Continuation $2,652,481 $2,652,481 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,217,819

$2,652,481 $2,652,481 $1,267,312
$811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,217,819

$2,652,481 $2,652,481 $1,267,312
$811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,217,819

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS

Section Total - Final $2,558,834 $2,558,834 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,124,172

$2,558,834 $2,558,834 $1,267,312
$811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,124,172

$2,558,834 $2,558,834 $1,267,312
$811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,124,172

Commission Administration

Continuation Budget

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$744,781 $744,781 $744,781

$744,781 $744,781 $744,781

$744,781 $744,781 $744,781

312.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($3,502)

($3,502)

($3,502)

1078

JOURNAL OF THE HOUSE

312.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
312.3 Reduce funds for operations. State General Funds

($590) ($6,793)

($590) ($6,793)

($590) ($6,793)

312.100 -Commission Administration

Appropriation (HB 105)

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$733,896

$733,896

$733,896

State General Funds

$733,896

$733,896

$733,896

TOTAL PUBLIC FUNDS

$733,896

$733,896

$733,896

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation

systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds

to construct and renovate agricultural water catchments.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$238,237 $238,237 $932,290 $632,184 $632,184 $632,184 $1,802,711

$238,237 $238,237 $932,290 $632,184 $632,184 $632,184 $1,802,711

$238,237 $238,237 $932,290 $632,184 $632,184 $632,184 $1,802,711

313.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
313.2 Reduce funds for personnel and replace with other funds. State General Funds

($542) ($26,571)

($542) ($26,571)

($542) ($26,571)

313.100 -Conservation of Agricultural Water Supplies

Appropriation (HB 105)

The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation

systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds

to construct and renovate agricultural water catchments.

TOTAL STATE FUNDS

$211,124

$211,124

$211,124

State General Funds

$211,124

$211,124

$211,124

TOTAL FEDERAL FUNDS

$932,290

$932,290

$932,290

TOTAL AGENCY FUNDS

$632,184

$632,184

$632,184

FRIDAY, FEBRUARY 22, 2013

1079

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$632,184 $632,184 $1,775,598

$632,184 $632,184 $1,775,598

$632,184 $632,184 $1,775,598

Conservation of Soil and Water Resources

Continuation Budget

The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and

other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation

control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and

sedimentation control plans for soil and water conservation districts.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS

$1,383,592 $1,383,592
$334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709

$1,383,592 $1,383,592
$334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709

$1,383,592 $1,383,592
$334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709

314.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
314.2 Reduce funds for personnel and replace with other funds. State General Funds

($1,992) ($22,948)

($1,992) ($22,948)

($1,992) ($22,948)

314.100 -Conservation of Soil and Water Resources

Appropriation (HB 105)

The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and

other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation

control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and

sedimentation control plans for soil and water conservation districts.

TOTAL STATE FUNDS

$1,358,652

$1,358,652

$1,358,652

State General Funds

$1,358,652

$1,358,652

$1,358,652

TOTAL FEDERAL FUNDS

$334,275

$334,275

$334,275

TOTAL AGENCY FUNDS

$179,114

$179,114

$179,114

Intergovernmental Transfers

$179,114

$179,114

$179,114

Intergovernmental Transfers Not Itemized

$179,114

$179,114

$179,114

1080

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454
TOTAL PUBLIC FUNDS

$486,728 $224,918 $224,918 $261,810 $261,810 $2,358,769

$486,728 $224,918 $224,918 $261,810 $261,810 $2,358,769

$486,728 $224,918 $224,918 $261,810 $261,810 $2,358,769

U.S.D.A. Flood Control Watershed Structures

Continuation Budget

The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state

Safe Dams Act.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$123,242 $123,242
$747 $123,989

$123,242 $123,242
$747 $123,989

$123,242 $123,242
$747 $123,989

315.100 -U.S.D.A. Flood Control Watershed Structures

Appropriation (HB 105)

The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state

Safe Dams Act.

TOTAL STATE FUNDS

$123,242

$123,242

$123,242

State General Funds

$123,242

$123,242

$123,242

TOTAL FEDERAL FUNDS

$747

$747

$747

TOTAL PUBLIC FUNDS

$123,989

$123,989

$123,989

Water Resources and Land Use Planning

Continuation Budget

The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$162,629 $162,629 $162,629

$162,629 $162,629 $162,629

$162,629 $162,629 $162,629

316.1 Reduce funds for operations. State General Funds
316.2 Reduce funds for personnel and replace with other funds. State General Funds

($21,669) ($9,040)

($21,669) ($9,040)

($21,669) ($9,040)

316.100 -Water Resources and Land Use Planning

Appropriation (HB 105)

The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control.

FRIDAY, FEBRUARY 22, 2013

1081

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$131,920 $131,920 $131,920

$131,920 $131,920 $131,920

$131,920 $131,920 $131,920

Section 45: Student Finance Commission and Authority, Georgia
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $640,153,723 $34,316,177 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $641,735,855

$640,153,723 $34,316,177 $605,837,546
$1,582,132 $1,582,132 $1,582,132 $641,735,855

$640,153,723 $34,316,177 $605,837,546
$1,582,132 $1,582,132 $1,582,132 $641,735,855

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $599,884,609 $32,751,909 $567,132,700 $2,654,594 $44,297 $44,297 $2,610,297 $2,610,297 $602,539,203

$599,884,609 $32,751,909 $567,132,700
$2,654,594 $44,297 $44,297
$2,610,297 $2,610,297 $602,539,203

$600,053,359 $32,920,659 $567,132,700
$2,654,594 $44,297 $44,297
$2,610,297 $2,610,297 $602,707,953

Accel

Continuation Budget

The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving

dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$6,500,000 $6,500,000
$569,682 $569,682 $569,682 $7,069,682

$6,500,000 $6,500,000
$569,682 $569,682 $569,682 $7,069,682

$6,500,000 $6,500,000
$569,682 $569,682 $569,682 $7,069,682

317.1 Increase funds to meet projected need.
State General Funds Intergovernmental Transfers Not Itemized Total Public Funds:

$200,000 $1,273,213 $1,473,213

$200,000 $1,273,213 $1,473,213

$200,000 $1,273,213 $1,473,213

1082

JOURNAL OF THE HOUSE

317.100 -Accel

Appropriation (HB 105)

The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving

dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS

$6,700,000

$6,700,000

$6,700,000

State General Funds

$6,700,000

$6,700,000

$6,700,000

TOTAL AGENCY FUNDS

$1,842,895

$1,842,895

$1,842,895

Intergovernmental Transfers

$1,842,895

$1,842,895

$1,842,895

Intergovernmental Transfers Not Itemized

$1,842,895

$1,842,895

$1,842,895

TOTAL PUBLIC FUNDS

$8,542,895

$8,542,895

$8,542,895

Engineer Scholarship

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and

retain those students as engineers in the State.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$570,000 $570,000 $570,000

$570,000 $570,000 $570,000

$570,000 $570,000 $570,000

318.1 Increase funds. State General Funds

$168,750

318.100 -Engineer Scholarship

Appropriation (HB 105)

The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and

retain those students as engineers in the State.

TOTAL STATE FUNDS

$570,000

$570,000

$738,750

State General Funds

$570,000

$570,000

$738,750

TOTAL PUBLIC FUNDS

$570,000

$570,000

$738,750

Georgia Military College Scholarship

Continuation Budget

The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's

National Guard with their membership.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,094,862 $1,094,862 $1,094,862

$1,094,862 $1,094,862 $1,094,862

$1,094,862 $1,094,862 $1,094,862

319.100 -Georgia Military College Scholarship

Appropriation (HB 105)

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.

FRIDAY, FEBRUARY 22, 2013

1083

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,094,862 $1,094,862 $1,094,862

$1,094,862 $1,094,862 $1,094,862

$1,094,862 $1,094,862 $1,094,862

HERO Scholarship

Continuation Budget

The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served

in combat zones and the spouses and children of such members.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

320.100 -HERO Scholarship

Appropriation (HB 105)

The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served

in combat zones and the spouses and children of such members.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

HOPE Administration

Continuation Budget

The purpose of this appropriation is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at

eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$7,922,124 $0
$7,922,124 $7,922,124

$7,922,124 $0
$7,922,124 $7,922,124

$7,922,124 $0
$7,922,124 $7,922,124

321.1 Reduce funds to reflect an adjustment in the property insurance premiums. Lottery Proceeds

($3,528)

($3,528)

($3,528)

321.100 -HOPE Administration

Appropriation (HB 105)

The purpose of this appropriation is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at

eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS

$7,918,596

$7,918,596

$7,918,596

Lottery Proceeds

$7,918,596

$7,918,596

$7,918,596

TOTAL PUBLIC FUNDS

$7,918,596

$7,918,596

$7,918,596

1084

JOURNAL OF THE HOUSE

HOPE GED

Continuation Budget

The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the

Technical College System of Georgia.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,636,276 $0
$2,636,276 $2,636,276

$2,636,276 $0
$2,636,276 $2,636,276

$2,636,276 $0
$2,636,276 $2,636,276

322.1 Reduce funds to meet projected need. Lottery Proceeds

($705,980)

($705,980)

($705,980)

322.100 -HOPE GED

Appropriation (HB 105)

The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the

Technical College System of Georgia.

TOTAL STATE FUNDS

$1,930,296

$1,930,296

$1,930,296

Lottery Proceeds

$1,930,296

$1,930,296

$1,930,296

TOTAL PUBLIC FUNDS

$1,930,296

$1,930,296

$1,930,296

HOPE Grant

Continuation Budget

The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$112,658,625 $112,658,625 $112,658,625

$112,658,625 $112,658,625 $112,658,625

$112,658,625 $112,658,625 $112,658,625

323.1 Reduce funds to meet projected need while maintaining the current award amount. Lottery Proceeds

($23,206,038) ($23,206,038) ($23,206,038)

323.100 -HOPE Grant

Appropriation (HB 105)

The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS

$89,452,587 $89,452,587 $89,452,587

Lottery Proceeds

$89,452,587 $89,452,587 $89,452,587

TOTAL PUBLIC FUNDS

$89,452,587 $89,452,587 $89,452,587

HOPE Scholarships - Private Schools

Continuation Budget

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary

institution.

FRIDAY, FEBRUARY 22, 2013

1085

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$54,385,503 $54,385,503 $54,385,503

$54,385,503 $54,385,503 $54,385,503

$54,385,503 $54,385,503 $54,385,503

324.1 Reduce funds to meet projected need while maintaining the current award amount. Lottery Proceeds
324.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds

($5,883,155) ($5,883,155) ($5,883,155) ($2,471,726) ($2,471,726) ($2,471,726)

324.100 -HOPE Scholarships - Private Schools

Appropriation (HB 105)

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary

institution.

TOTAL STATE FUNDS

$46,030,622 $46,030,622 $46,030,622

Lottery Proceeds

$46,030,622 $46,030,622 $46,030,622

TOTAL PUBLIC FUNDS

$46,030,622 $46,030,622 $46,030,622

HOPE Scholarships - Public Schools

Continuation Budget

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary

institution.

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$408,235,018 $408,235,018 $408,235,018

$408,235,018 $408,235,018 $408,235,018

$408,235,018 $408,235,018 $408,235,018

325.1 Reduce funds to meet projected need while maintaining the current award amount. Lottery Proceeds
325.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds

($2,880,572) ($2,880,572) ($2,880,572) ($3,553,847) ($3,553,847) ($3,553,847)

325.100 -HOPE Scholarships - Public Schools

Appropriation (HB 105)

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary

institution.

TOTAL STATE FUNDS

$401,800,599 $401,800,599 $401,800,599

Lottery Proceeds

$401,800,599 $401,800,599 $401,800,599

TOTAL PUBLIC FUNDS

$401,800,599 $401,800,599 $401,800,599

1086

JOURNAL OF THE HOUSE

Low Interest Loans

Continuation Budget

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 STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$20,000,000 $0
$20,000,000 $20,000,000

$20,000,000 $0
$20,000,000 $20,000,000

$20,000,000 $0
$20,000,000 $20,000,000

326.100 -Low Interest Loans

Appropriation (HB 105)

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 STATE FUNDS

$20,000,000 $20,000,000 $20,000,000

Lottery Proceeds

$20,000,000 $20,000,000 $20,000,000

TOTAL PUBLIC FUNDS

$20,000,000 $20,000,000 $20,000,000

North Georgia Military Scholarship Grants

Continuation Budget

The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby

strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,444,576 $1,444,576
$482,723 $482,723 $482,723 $1,927,299

$1,444,576 $1,444,576
$482,723 $482,723 $482,723 $1,927,299

$1,444,576 $1,444,576
$482,723 $482,723 $482,723 $1,927,299

327.1 Reduce funds to meet projected need. Intergovernmental Transfers Not Itemized

($245,048)

($245,048)

($245,048)

327.100 -North Georgia Military Scholarship Grants

Appropriation (HB 105)

The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby

strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS

$1,444,576

$1,444,576

$1,444,576

State General Funds

$1,444,576

$1,444,576

$1,444,576

TOTAL AGENCY FUNDS

$237,675

$237,675

$237,675

Intergovernmental Transfers

$237,675

$237,675

$237,675

FRIDAY, FEBRUARY 22, 2013

1087

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$237,675 $1,682,251

$237,675 $1,682,251

$237,675 $1,682,251

North Georgia ROTC Grants

Continuation Budget

The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University

and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$875,000 $875,000 $875,000

$875,000 $875,000 $875,000

$875,000 $875,000 $875,000

328.100 -North Georgia ROTC Grants

Appropriation (HB 105)

The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University

and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS

$875,000

$875,000

$875,000

State General Funds

$875,000

$875,000

$875,000

TOTAL PUBLIC FUNDS

$875,000

$875,000

$875,000

Public Memorial Safety Grant

Continuation Budget

The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs,

correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of

Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$376,761 $376,761 $376,761

$376,761 $376,761 $376,761

$376,761 $376,761 $376,761

329.100 -Public Memorial Safety Grant

Appropriation (HB 105)

The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs,

correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of

Georgia.

TOTAL STATE FUNDS

$376,761

$376,761

$376,761

State General Funds

$376,761

$376,761

$376,761

TOTAL PUBLIC FUNDS

$376,761

$376,761

$376,761

Tuition Equalization Grants

Continuation Budget

The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents

who attend eligible private post-secondary institutions.

1088

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$21,896,323 $21,896,323
$529,727 $529,727 $529,727 $22,426,050

$21,896,323 $21,896,323
$529,727 $529,727 $529,727 $22,426,050

$21,896,323 $21,896,323
$529,727 $529,727 $529,727 $22,426,050

330.1 Reduce funds to meet projected need while maintaining the current award amount. State General Funds

($1,720,215) ($1,720,215) ($1,720,215)

330.100 -Tuition Equalization Grants

Appropriation (HB 105)

The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents

who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$20,176,108 $20,176,108 $20,176,108

State General Funds

$20,176,108 $20,176,108 $20,176,108

TOTAL AGENCY FUNDS

$529,727

$529,727

$529,727

Intergovernmental Transfers

$529,727

$529,727

$529,727

Intergovernmental Transfers Not Itemized

$529,727

$529,727

$529,727

TOTAL PUBLIC FUNDS

$20,705,835 $20,705,835 $20,705,835

Nonpublic Postsecondary Education Commission

Continuation Budget

The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed;

and resolve complaints.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$758,655 $758,655 $758,655

$758,655 $758,655 $758,655

$758,655 $758,655 $758,655

331.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
331.2 Replace funds. State General Funds Reserved Fund Balances Not Itemized Total Public Funds:

$244
($44,297) $44,297
$0

$244
($44,297) $44,297
$0

$244
($44,297) $44,297
$0

331.100 -Nonpublic Postsecondary Education Commission

Appropriation (HB 105)

The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed;

and resolve complaints.

FRIDAY, FEBRUARY 22, 2013

1089

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$714,602 $714,602 $44,297 $44,297 $44,297 $758,899

$714,602 $714,602 $44,297 $44,297 $44,297 $758,899

$714,602 $714,602 $44,297 $44,297 $44,297 $758,899

Section 46: Teachers' Retirement System
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

Section Total - Continuation $590,000 $590,000
$31,056,587 $31,056,587 $31,056,587 $31,646,587

$590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587

$590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

Section Total - Final $590,000 $590,000
$31,056,587 $31,056,587 $31,056,587 $31,646,587

$590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587

$590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587

Floor/COLA, Local System Fund

Continuation Budget

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement

benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$590,000 $590,000 $590,000

$590,000 $590,000 $590,000

$590,000 $590,000 $590,000

332.100 -Floor/COLA, Local System Fund

Appropriation (HB 105)

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement

benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS

$590,000

$590,000

$590,000

State General Funds

$590,000

$590,000

$590,000

TOTAL PUBLIC FUNDS

$590,000

$590,000

$590,000

1090

JOURNAL OF THE HOUSE

System Administration

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587

$0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587

$0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587

333.100 -System Administration

Appropriation (HB 105)

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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$31,056,587 $31,056,587 $31,056,587 $31,056,587

$31,056,587 $31,056,587 $31,056,587 $31,056,587

$31,056,587 $31,056,587 $31,056,587 $31,056,587

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.

Section 47: Technical College System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Continuation $330,570,350 $330,570,350 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $667,744,434

$330,570,350 $330,570,350 $67,104,084 $268,710,000
$2,100,000 $2,100,000
$100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $667,744,434

$330,570,350 $330,570,350 $67,104,084 $268,710,000
$2,100,000 $2,100,000
$100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $667,744,434

FRIDAY, FEBRUARY 22, 2013

1091

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $317,616,387 $317,616,387 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $654,790,471

$317,616,387 $317,616,387 $67,104,084 $268,710,000
$2,100,000 $2,100,000
$100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $654,790,471

$317,616,387 $317,616,387 $67,104,084 $268,710,000
$2,100,000 $2,100,000
$100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $654,790,471

Adult Literacy

Continuation Budget

The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking,

and listening skills.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,473,095 $13,473,095 $20,447,889
$5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984

$13,473,095 $13,473,095 $20,447,889
$5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984

$13,473,095 $13,473,095 $20,447,889
$5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984

334.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 334.2 Reduce funds for personnel and convert six full-time positions to part-time. State General Funds
334.3 Reduce funds for operations. State General Funds

$317 ($282,508) ($121,685)

$317 ($282,508) ($121,685)

$317 ($282,508) ($121,685)

1092

JOURNAL OF THE HOUSE

334.100 -Adult Literacy

Appropriation (HB 105)

The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking,

and listening skills.

TOTAL STATE FUNDS

$13,069,219 $13,069,219 $13,069,219

State General Funds

$13,069,219 $13,069,219 $13,069,219

TOTAL FEDERAL FUNDS

$20,447,889 $20,447,889 $20,447,889

TOTAL AGENCY FUNDS

$5,480,000

$5,480,000

$5,480,000

Intergovernmental Transfers

$2,100,000

$2,100,000

$2,100,000

Intergovernmental Transfers Not Itemized

$2,100,000

$2,100,000

$2,100,000

Sales and Services

$3,380,000

$3,380,000

$3,380,000

Sales and Services Not Itemized

$3,380,000

$3,380,000

$3,380,000

TOTAL PUBLIC FUNDS

$38,997,108 $38,997,108 $38,997,108

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the

department through its associated programs and institutions.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$7,944,927 $7,944,927
$657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122

$7,944,927 $7,944,927
$657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122

$7,944,927 $7,944,927
$657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122

335.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 335.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 335.3 Reduce funds for personnel for one filled position and one vacant position. State General Funds 335.4 Reduce funds for operations. State General Funds

$18,179 ($1,391) ($155,848) ($68,000)

$18,179 ($1,391) ($155,848) ($68,000)

$18,179 ($1,391) ($155,848) ($68,000)

FRIDAY, FEBRUARY 22, 2013

1093

335.5 Reduce funds for information technology. State General Funds
335.6 Reduce funds for telecommunications. State General Funds

($5,000) ($9,500)

($5,000) ($9,500)

($5,000) ($9,500)

335.100-Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the

department through its associated programs and institutions.

TOTAL STATE FUNDS

$7,723,367

$7,723,367

$7,723,367

State General Funds

$7,723,367

$7,723,367

$7,723,367

TOTAL FEDERAL FUNDS

$657,195

$657,195

$657,195

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Rebates, Refunds, and Reimbursements

$100,000

$100,000

$100,000

Rebates, Refunds, and Reimbursements Not Itemized

$100,000

$100,000

$100,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$110,000

$110,000

$110,000

State Funds Transfers

$110,000

$110,000

$110,000

Agency to Agency Contracts

$110,000

$110,000

$110,000

TOTAL PUBLIC FUNDS

$8,590,562

$8,590,562

$8,590,562

Quick Start and Customized Services

Continuation Budget

The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses

during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global

marketplace.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,578,020 $12,578,020
$1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020

$12,578,020 $12,578,020
$1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020

$12,578,020 $12,578,020
$1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020

336.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
336.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

$15,434 ($7,039)

$15,434 ($7,039)

$15,434 ($7,039)

1094

JOURNAL OF THE HOUSE

336.3 Reduce funds for Quick Start. State General Funds

($377,341)

($377,341)

($377,341)

336.100 -Quick Start and Customized Services

Appropriation (HB 105)

The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses

during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global

marketplace.

TOTAL STATE FUNDS

$12,209,074 $12,209,074 $12,209,074

State General Funds

$12,209,074 $12,209,074 $12,209,074

TOTAL FEDERAL FUNDS

$1,000,000

$1,000,000

$1,000,000

TOTAL AGENCY FUNDS

$8,930,000

$8,930,000

$8,930,000

Sales and Services

$8,930,000

$8,930,000

$8,930,000

Sales and Services Not Itemized

$8,930,000

$8,930,000

$8,930,000

TOTAL PUBLIC FUNDS

$22,139,074 $22,139,074 $22,139,074

Technical Education

Continuation Budget

The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and

continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase

their competitiveness in the workplace.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$296,574,308 $296,574,308 $44,999,000 $254,200,000 $254,200,000 $254,200,000
$1,250,000 $1,250,000 $1,250,000 $597,023,308

$296,574,308 $296,574,308 $44,999,000 $254,200,000 $254,200,000 $254,200,000
$1,250,000 $1,250,000 $1,250,000 $597,023,308

$296,574,308 $296,574,308 $44,999,000 $254,200,000 $254,200,000 $254,200,000
$1,250,000 $1,250,000 $1,250,000 $597,023,308

337.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
337.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
337.3 Reduce funds for personnel. State General Funds

$339,943

$339,943

$339,943

($436,552)

($436,552)

($436,552)

($9,908,480) ($9,908,480) ($9,908,480)

FRIDAY, FEBRUARY 22, 2013

1095

337.4 Reduce funds for operations. State General Funds

($1,954,492) ($1,954,492) ($1,954,492)

337.100 -Technical Education

Appropriation (HB 105)

The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and

continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase

their competitiveness in the workplace.

TOTAL STATE FUNDS

$284,614,727 $284,614,727 $284,614,727

State General Funds

$284,614,727 $284,614,727 $284,614,727

TOTAL FEDERAL FUNDS

$44,999,000 $44,999,000 $44,999,000

TOTAL AGENCY FUNDS

$254,200,000 $254,200,000 $254,200,000

Sales and Services

$254,200,000 $254,200,000 $254,200,000

Sales and Services Not Itemized

$254,200,000 $254,200,000 $254,200,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,250,000

$1,250,000

$1,250,000

State Funds Transfers

$1,250,000

$1,250,000

$1,250,000

Agency to Agency Contracts

$1,250,000

$1,250,000

$1,250,000

TOTAL PUBLIC FUNDS

$585,063,727 $585,063,727 $585,063,727

Section 48: Transportation, Department of
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Continuation

$794,416,060 $794,416,060

$7,640,787

$7,640,787

$786,775,273 $786,775,273

$1,210,491,192 $1,210,491,192

$1,143,629,823 $1,143,629,823

$5,848,289

$5,848,289

$595,233

$595,233

$595,233

$595,233

$88,239

$88,239

$88,239

$88,239

$5,164,817

$5,164,817

$5,164,817

$5,164,817

$642,602

$642,602

$642,602

$642,602

$642,602

$642,602

$2,011,398,143 $2,011,398,143

$794,416,060 $7,640,787
$786,775,273 $1,210,491,192 $1,143,629,823
$5,848,289 $595,233 $595,233 $88,239 $88,239
$5,164,817 $5,164,817
$642,602 $642,602 $642,602 $2,011,398,143

TOTAL STATE FUNDS State General Funds

Section Total - Final $864,052,668 $6,848,033

$864,177,668 $6,973,033

$864,177,668 $6,973,033

1096

JOURNAL OF THE HOUSE

State Motor Fuel Funds TOTAL FEDERAL FUNDS
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$857,204,635 $1,210,491,192 $1,143,629,823
$5,848,289 $595,233 $595,233 $88,239 $88,239
$5,164,817 $5,164,817
$642,602 $642,602 $642,602 $2,081,034,751

$857,204,635 $1,210,491,192 $1,143,629,823
$5,848,289 $595,233 $595,233 $88,239 $88,239
$5,164,817 $5,164,817
$642,602 $642,602 $642,602 $2,081,159,751

$857,204,635 $1,210,491,192 $1,143,629,823
$5,848,289 $595,233 $595,233 $88,239 $88,239
$5,164,817 $5,164,817
$642,602 $642,602 $642,602 $2,081,159,751

Airport Aid

Continuation Budget

The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing

planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement

projects.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,064,237 $3,064,237 $35,537,002
$6,350 $6,350 $6,350 $38,607,589

$3,064,237 $3,064,237 $35,537,002
$6,350 $6,350 $6,350 $38,607,589

$3,064,237 $3,064,237 $35,537,002
$6,350 $6,350 $6,350 $38,607,589

338.1 Reduce funds for the state match for airport aid grants. State General Funds

($125,000)

$0

$0

338.100 -Airport Aid

Appropriation (HB 105)

The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing

planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement

projects.

TOTAL STATE FUNDS

$2,939,237

$3,064,237

$3,064,237

State General Funds

$2,939,237

$3,064,237

$3,064,237

TOTAL FEDERAL FUNDS

$35,537,002 $35,537,002 $35,537,002

TOTAL AGENCY FUNDS

$6,350

$6,350

$6,350

FRIDAY, FEBRUARY 22, 2013

1097

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,350 $6,350 $38,482,589

$6,350 $6,350 $38,607,589

$6,350 $6,350 $38,607,589

Capital Construction Projects

Continuation Budget

The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$211,655,479 $0
$211,655,479 $675,252,699 $675,252,699 $886,908,178

$211,655,479 $0
$211,655,479 $675,252,699 $675,252,699 $886,908,178

$211,655,479 $0
$211,655,479 $675,252,699 $675,252,699 $886,908,178

339.1 Increase funds for capital outlay projects. State Motor Fuel Funds

$8,883,057

$8,883,057

$8,883,057

339.100 -Capital Construction Projects

Appropriation (HB 105)

The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems.

TOTAL STATE FUNDS

$220,538,536 $220,538,536 $220,538,536

State Motor Fuel Funds

$220,538,536 $220,538,536 $220,538,536

TOTAL FEDERAL FUNDS

$675,252,699 $675,252,699 $675,252,699

Federal Highway Admin.-Planning & Construction CFDA20.205

$675,252,699 $675,252,699 $675,252,699

TOTAL PUBLIC FUNDS

$895,791,235 $895,791,235 $895,791,235

Capital Maintenance Projects The purpose of this appropriation is to provide funding for capital outlay for maintenance projects.

Continuation Budget

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$60,560,150 $0
$60,560,150 $128,218,385 $128,218,385 $188,778,535

$60,560,150 $0
$60,560,150 $128,218,385 $128,218,385 $188,778,535

$60,560,150 $0
$60,560,150 $128,218,385 $128,218,385 $188,778,535

340.100 -Capital Maintenance Projects The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS
State Motor Fuel Funds

$60,560,150 $60,560,150

Appropriation (HB 105)

$60,560,150 $60,560,150

$60,560,150 $60,560,150

1098

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$128,218,385 $128,218,385 $188,778,535

$128,218,385 $128,218,385 $188,778,535

$128,218,385 $128,218,385 $188,778,535

Construction Administration

Continuation Budget

The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects,

acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed

projects.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$74,357,642 $0
$74,357,642 $64,892,990 $64,892,990
$165,000 $165,000 $165,000 $139,415,632

$74,357,642 $0
$74,357,642 $64,892,990 $64,892,990
$165,000 $165,000 $165,000 $139,415,632

$74,357,642 $0
$74,357,642 $64,892,990 $64,892,990
$165,000 $165,000 $165,000 $139,415,632

341.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan.

State Motor Fuel Funds

$2,416,021

341.2 Increase funds to reflect a prior year adjustment in general liability insurance. State Motor Fuel Funds

$1,554,605

$2,416,021 $1,554,605

$2,416,021 $1,554,605

341.100 -Construction Administration

Appropriation (HB 105)

The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects,

acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed

projects.

TOTAL STATE FUNDS

$78,328,268 $78,328,268 $78,328,268

State Motor Fuel Funds

$78,328,268 $78,328,268 $78,328,268

TOTAL FEDERAL FUNDS

$64,892,990 $64,892,990 $64,892,990

Federal Highway Admin.-Planning & Construction CFDA20.205

$64,892,990 $64,892,990 $64,892,990

TOTAL AGENCY FUNDS

$165,000

$165,000

$165,000

Sales and Services

$165,000

$165,000

$165,000

Sales and Services Not Itemized

$165,000

$165,000

$165,000

TOTAL PUBLIC FUNDS

$143,386,258 $143,386,258 $143,386,258

FRIDAY, FEBRUARY 22, 2013

1099

Data Collection, Compliance and Reporting

Continuation Budget

The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to

provide current and accurate information for planning and public awareness needs.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,804,774 $0
$2,804,774 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $11,137,288

$2,804,774 $0
$2,804,774 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $11,137,288

$2,804,774 $0
$2,804,774 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $11,137,288

342.100 -Data Collection, Compliance and Reporting

Appropriation (HB 105)

The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to

provide current and accurate information for planning and public awareness needs.

TOTAL STATE FUNDS

$2,804,774

$2,804,774

$2,804,774

State Motor Fuel Funds

$2,804,774

$2,804,774

$2,804,774

TOTAL FEDERAL FUNDS

$8,270,257

$8,270,257

$8,270,257

Federal Highway Admin.-Planning & Construction CFDA20.205

$8,270,257

$8,270,257

$8,270,257

TOTAL AGENCY FUNDS

$62,257

$62,257

$62,257

Sales and Services

$62,257

$62,257

$62,257

Sales and Services Not Itemized

$62,257

$62,257

$62,257

TOTAL PUBLIC FUNDS

$11,137,288 $11,137,288 $11,137,288

Departmental Administration

Continuation Budget

The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other

modes of transportation such as mass transit, airports, railroads, and waterways.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$51,083,000 $0
$51,083,000 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $62,821,793

$51,083,000 $0
$51,083,000 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $62,821,793

$51,083,000 $0
$51,083,000 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $62,821,793

1100

JOURNAL OF THE HOUSE

343.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan.

State Motor Fuel Funds

$920,350

$920,350

343.2 Increase funds for operations to implement the Small Business Enterprise and Disadvantaged Business Enterprise programs.

State Motor Fuel Funds

$800,000

$800,000

$920,350 $800,000

343.100-Departmental Administration

Appropriation (HB 105)

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 STATE FUNDS

$52,803,350 $52,803,350 $52,803,350

State Motor Fuel Funds

$52,803,350 $52,803,350 $52,803,350

TOTAL FEDERAL FUNDS

$10,839,823 $10,839,823 $10,839,823

Federal Highway Admin.-Planning & Construction CFDA20.205

$10,839,823 $10,839,823 $10,839,823

TOTAL AGENCY FUNDS

$898,970

$898,970

$898,970

Sales and Services

$898,970

$898,970

$898,970

Sales and Services Not Itemized

$898,970

$898,970

$898,970

TOTAL PUBLIC FUNDS

$64,542,143 $64,542,143 $64,542,143

Local Maintenance and Improvement Grants

Continuation Budget

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 STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

$110,642,250 $0
$110,642,250 $110,642,250

$110,642,250 $0
$110,642,250 $110,642,250

$110,642,250 $0
$110,642,250 $110,642,250

345.100 -Local Maintenance and Improvement Grants

Appropriation (HB 105)

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 STATE FUNDS

$110,642,250 $110,642,250 $110,642,250

State Motor Fuel Funds

$110,642,250 $110,642,250 $110,642,250

TOTAL PUBLIC FUNDS

$110,642,250 $110,642,250 $110,642,250

Local Road Assistance Administration

Continuation Budget

The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local

roads and bridges.

TOTAL STATE FUNDS State General Funds

$16,854,565 $0

$16,854,565 $0

$16,854,565 $0

FRIDAY, FEBRUARY 22, 2013

1101

State Motor Fuel Funds TOTAL FEDERAL FUNDS
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$16,854,565 $32,758,670 $32,758,670
$595,233 $595,233 $595,233 $50,208,468

$16,854,565 $32,758,670 $32,758,670
$595,233 $595,233 $595,233 $50,208,468

$16,854,565 $32,758,670 $32,758,670
$595,233 $595,233 $595,233 $50,208,468

346.1 Reduce funds for operations to reflect projected expenditures. State Motor Fuel Funds

($4,500,000) ($4,500,000) ($4,500,000)

346.100 -Local Road Assistance Administration

Appropriation (HB 105)

The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local

roads and bridges.

TOTAL STATE FUNDS

$12,354,565 $12,354,565 $12,354,565

State Motor Fuel Funds

$12,354,565 $12,354,565 $12,354,565

TOTAL FEDERAL FUNDS

$32,758,670 $32,758,670 $32,758,670

Federal Highway Admin.-Planning & Construction CFDA20.205

$32,758,670 $32,758,670 $32,758,670

TOTAL AGENCY FUNDS

$595,233

$595,233

$595,233

Intergovernmental Transfers

$595,233

$595,233

$595,233

Intergovernmental Transfers Not Itemized

$595,233

$595,233

$595,233

TOTAL PUBLIC FUNDS

$45,708,468 $45,708,468 $45,708,468

Planning

Continuation Budget

The purpose of this appropriation is to develop the state transportation improvement program and the statewide strategic transportation plan, and coordinate

transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$3,756,074 $0
$3,756,074 $14,683,804 $14,683,804 $18,439,878

$3,756,074 $0
$3,756,074 $14,683,804 $14,683,804 $18,439,878

$3,756,074 $0
$3,756,074 $14,683,804 $14,683,804 $18,439,878

347.100 -Planning

Appropriation (HB 105)

The purpose of this appropriation is to develop the state transportation improvement program and the statewide strategic transportation plan, and coordinate

transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation.

TOTAL STATE FUNDS

$3,756,074

$3,756,074

$3,756,074

State Motor Fuel Funds

$3,756,074

$3,756,074

$3,756,074

1102

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$14,683,804 $14,683,804 $18,439,878

$14,683,804 $14,683,804 $18,439,878

$14,683,804 $14,683,804 $18,439,878

Ports and Waterways

Continuation Budget

The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements,

rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$941,812 $941,812 $941,812

$941,812 $941,812 $941,812

$941,812 $941,812 $941,812

348.1 Reduce funds for property tax assessment to reflect projected expenditures. State General Funds

($105,442)

($105,442)

($105,442)

348.100 -Ports and Waterways

Appropriation (HB 105)

The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements,

rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

TOTAL STATE FUNDS

$836,370

$836,370

$836,370

State General Funds

$836,370

$836,370

$836,370

TOTAL PUBLIC FUNDS

$836,370

$836,370

$836,370

Rail

Continuation Budget

The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$356,891 $356,891 $88,239 $88,239 $88,239 $445,130

$356,891 $356,891 $88,239 $88,239 $88,239 $445,130

$356,891 $356,891 $88,239 $88,239 $88,239 $445,130

349.1 Reduce funds for personnel to reflect projected expenditures. State General Funds

($234,427)

($234,427)

($234,427)

349.100 -Rail

Appropriation (HB 105)

The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

TOTAL STATE FUNDS

$122,464

$122,464

$122,464

State General Funds

$122,464

$122,464

$122,464

FRIDAY, FEBRUARY 22, 2013

1103

TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$88,239 $88,239 $88,239 $210,703

$88,239 $88,239 $88,239 $210,703

$88,239 $88,239 $88,239 $210,703

Routine Maintenance

Continuation Budget

The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road

and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to

maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for

emergency operations on state routes, and to maintain state rest areas and welcome centers.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$173,068,804 $0
$173,068,804 $24,886,452 $24,886,452
$642,602 $642,602 $642,602 $198,597,858

$173,068,804 $0
$173,068,804 $24,886,452 $24,886,452
$642,602 $642,602 $642,602 $198,597,858

$173,068,804 $0
$173,068,804 $24,886,452 $24,886,452
$642,602 $642,602 $642,602 $198,597,858

350.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan.

State Motor Fuel Funds

$1,197,080

350.2 Increase funds for operations. State Motor Fuel Funds

$14,170,868

350.3 Increase funds to reflect a prior year adjustment in general liability insurance. State Motor Fuel Funds

$3,813,471

$1,197,080 $14,170,868
$3,813,471

$1,197,080 $14,170,868
$3,813,471

350.100 -Routine Maintenance

Appropriation (HB 105)

The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road

and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to

maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for

emergency operations on state routes, and to maintain state rest areas and welcome centers.

TOTAL STATE FUNDS

$192,250,223 $192,250,223 $192,250,223

State Motor Fuel Funds

$192,250,223 $192,250,223 $192,250,223

TOTAL FEDERAL FUNDS

$24,886,452 $24,886,452 $24,886,452

Federal Highway Admin.-Planning & Construction CFDA20.205

$24,886,452 $24,886,452 $24,886,452

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$642,602

$642,602

$642,602

1104

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$642,602 $642,602 $217,779,277

$642,602 $642,602 $217,779,277

$642,602 $642,602 $217,779,277

Traffic Management and Control

Continuation Budget

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety

planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response

Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$19,640,861 $0
$19,640,861 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $59,337,643

$19,640,861 $0
$19,640,861 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $59,337,643

$19,640,861 $0
$19,640,861 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $59,337,643

351.1 Increase funds for the agreement between the Department of Transportation and the Department of Public Safety for trooper school funding.

State Motor Fuel Funds

$9,133,997

$9,133,997

$9,133,997

351.2 Increase funds for the Motor Carrier Compliance agreement with the Department of Public Safety.

State Motor Fuel Funds

$5,062,567

$5,062,567

$5,062,567

351.100 -Traffic Management and Control

Appropriation (HB 105)

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety

planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response

Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

TOTAL STATE FUNDS

$33,837,425 $33,837,425 $33,837,425

State Motor Fuel Funds

$33,837,425 $33,837,425 $33,837,425

TOTAL FEDERAL FUNDS

$35,670,542 $35,670,542 $35,670,542

Federal Highway Admin.-Planning & Construction CFDA20.205

$35,670,542 $35,670,542 $35,670,542

TOTAL AGENCY FUNDS

$4,026,240

$4,026,240

$4,026,240

Sales and Services

$4,026,240

$4,026,240

$4,026,240

Sales and Services Not Itemized

$4,026,240

$4,026,240

$4,026,240

TOTAL PUBLIC FUNDS

$73,534,207 $73,534,207 $73,534,207

FRIDAY, FEBRUARY 22, 2013

1105

Transit

Continuation Budget

The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance

to Georgia's transit systems.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,277,847 $3,277,847 $31,324,367
$6,000 $6,000 $6,000 $34,608,214

$3,277,847 $3,277,847 $31,324,367
$6,000 $6,000 $6,000 $34,608,214

$3,277,847 $3,277,847 $31,324,367
$6,000 $6,000 $6,000 $34,608,214

352.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
352.2 Reduce funds for the state match for local transit projects. State General Funds

($100) ($327,785)

($100) ($327,785)

($100) ($327,785)

352.100 -Transit

Appropriation (HB 105)

The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance

to Georgia's transit systems.

TOTAL STATE FUNDS

$2,949,962

$2,949,962

$2,949,962

State General Funds

$2,949,962

$2,949,962

$2,949,962

TOTAL FEDERAL FUNDS

$31,324,367 $31,324,367 $31,324,367

TOTAL AGENCY FUNDS

$6,000

$6,000

$6,000

Sales and Services

$6,000

$6,000

$6,000

Sales and Services Not Itemized

$6,000

$6,000

$6,000

TOTAL PUBLIC FUNDS

$34,280,329 $34,280,329 $34,280,329

Payments to the State Road and Tollway Authority

Continuation Budget

The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects

statewide and to capitalize the Community Improvement District Congestion Relief Fund.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$62,351,674 $0
$62,351,674 $148,156,201 $148,156,201 $210,507,875

$62,351,674 $0
$62,351,674 $148,156,201 $148,156,201 $210,507,875

$62,351,674 $0
$62,351,674 $148,156,201 $148,156,201 $210,507,875

1106

JOURNAL OF THE HOUSE

353.1 Transfer funds from the Debt Sinking Fund program to the State Road and Tollway Authority for defeasance of the outstanding bonds for SR GA-400 and associated closing expenses.

State Motor Fuel Funds

$26,977,346 $26,977,346 $26,977,346

353.100 -Payments to the State Road and Tollway Authority

Appropriation (HB 105)

The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects

statewide and to capitalize the Community Improvement District Congestion Relief Fund.

TOTAL STATE FUNDS

$89,329,020 $89,329,020 $89,329,020

State Motor Fuel Funds

$89,329,020 $89,329,020 $89,329,020

TOTAL FEDERAL FUNDS

$148,156,201 $148,156,201 $148,156,201

Federal Highway Admin.-Planning & Construction CFDA20.205

$148,156,201 $148,156,201 $148,156,201

TOTAL PUBLIC FUNDS

$237,485,221 $237,485,221 $237,485,221

It is the intent of the General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Office of the State Treasurer, attached agency of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax funds may be adjusted for additional appropriation or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. 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.

Section 49: Veterans Service, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

Section Total - Continuation $20,429,441 $20,429,441 $18,260,569 $38,690,010

$20,429,441 $20,429,441 $18,260,569 $38,690,010

$20,429,441 $20,429,441 $18,260,569 $38,690,010

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS
Sales and Services

Section Total - Final $19,954,137 $19,954,137 $18,260,569 $291,281 $291,281

$19,833,627 $19,833,627 $18,260,569
$291,281 $291,281

$19,833,627 $19,833,627 $18,260,569
$291,281 $291,281

FRIDAY, FEBRUARY 22, 2013

1107

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$291,281 $38,505,987

$291,281 $38,385,477

$291,281 $38,385,477

Departmental Administration

Continuation Budget

The purpose of this appropriation is to coordinate, manage and supervise all aspects of department operations to include financial, public information,

personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,378,152 $1,378,152 $1,378,152

$1,378,152 $1,378,152 $1,378,152

$1,378,152 $1,378,152 $1,378,152

354.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$95,863

$95,863

$95,863

354.100-Departmental Administration

Appropriation (HB 105)

The purpose of this appropriation is to coordinate, manage and supervise all aspects of department operations to include financial, public information,

personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS

$1,474,015

$1,474,015

$1,474,015

State General Funds

$1,474,015

$1,474,015

$1,474,015

TOTAL PUBLIC FUNDS

$1,474,015

$1,474,015

$1,474,015

Georgia Veterans Memorial Cemetery

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$484,954 $484,954 $178,004 $662,958

$484,954 $484,954 $178,004 $662,958

$484,954 $484,954 $178,004 $662,958

355.100 -Georgia Veterans Memorial Cemetery

Appropriation (HB 105)

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 STATE FUNDS

$484,954

$484,954

$484,954

State General Funds

$484,954

$484,954

$484,954

TOTAL FEDERAL FUNDS

$178,004

$178,004

$178,004

TOTAL PUBLIC FUNDS

$662,958

$662,958

$662,958

1108

JOURNAL OF THE HOUSE

Georgia War Veterans Nursing Home - Augusta

Continuation Budget

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical

College of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$5,035,364 $5,035,364 $5,286,048 $10,321,412

$5,035,364 $5,035,364 $5,286,048 $10,321,412

$5,035,364 $5,035,364 $5,286,048 $10,321,412

356.1 Reduce funds due to lowered average daily patient census. State General Funds

($251,282)

($251,282)

356.2 Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Veterans Benefits program for personnel.

State General Funds

($98,818)

($98,818)

356.3 Increase funds to recognize residency fee revenue. Sales and Services Not Itemized

$149,079

$149,079

356.4 Utilize existing state funds ($50,261) for the FY2013 Teachers' Retirement System contract increase. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

($251,282) ($98,818) $149,079 $0

356.100 -Georgia War Veterans Nursing Home - Augusta

Appropriation (HB 105)

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical

College of Georgia.

TOTAL STATE FUNDS

$4,685,264

$4,685,264

$4,685,264

State General Funds

$4,685,264

$4,685,264

$4,685,264

TOTAL FEDERAL FUNDS

$5,286,048

$5,286,048

$5,286,048

TOTAL AGENCY FUNDS

$149,079

$149,079

$149,079

Sales and Services

$149,079

$149,079

$149,079

Sales and Services Not Itemized

$149,079

$149,079

$149,079

TOTAL PUBLIC FUNDS

$10,120,391 $10,120,391 $10,120,391

Georgia War Veterans Nursing Home - Milledgeville The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$7,834,427 $7,834,427 $8,173,077 $16,007,504

$7,834,427 $7,834,427 $8,173,077 $16,007,504

$7,834,427 $7,834,427 $8,173,077 $16,007,504

FRIDAY, FEBRUARY 22, 2013

1109

357.1 Reduce funds due to lowered average daily patient census. State General Funds

($361,601)

($361,601)

($361,601)

357.2 Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Veterans Benefits program for personnel.

State General Funds

($142,202)

($142,202)

($142,202)

357.3 Increase funds to recognize residency fee revenue. Sales and Services Not Itemized

$142,202

$142,202

$142,202

357.100 -Georgia War Veterans Nursing Home - Milledgeville

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$7,330,624

State General Funds

$7,330,624

TOTAL FEDERAL FUNDS

$8,173,077

TOTAL AGENCY FUNDS

$142,202

Sales and Services

$142,202

Sales and Services Not Itemized

$142,202

TOTAL PUBLIC FUNDS

$15,645,903

Appropriation (HB 105)

$7,330,624 $7,330,624 $8,173,077
$142,202 $142,202 $142,202 $15,645,903

$7,330,624 $7,330,624 $8,173,077
$142,202 $142,202 $142,202 $15,645,903

Veterans Benefits

Continuation Budget

The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the

veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$5,696,544 $5,696,544 $4,623,440 $10,319,984

$5,696,544 $5,696,544 $4,623,440 $10,319,984

$5,696,544 $5,696,544 $4,623,440 $10,319,984

358.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$53,923

$53,923

$53,923

358.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds

($12,207)

($12,207)

($12,207)

358.3

Transfer funds from the Georgia War Veterans Nursing Home-Augusta ($98,818) and the Georgia War Veterans Home-Milledgeville ($142,202) for twelve new field officer positions and two new claims and appeals positions. (S:Transfer funds from the Georgia War Veterans Nursing Home-Augusta and the Georgia War Veterans Home-Milledgeville for twelve new field officer positions and two new claims and appeals positions and reflect actual start date)

State General Funds

$241,020

$120,510

$120,510

1110

JOURNAL OF THE HOUSE

358.100 -Veterans Benefits

Appropriation (HB 105)

The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the

veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

TOTAL STATE FUNDS

$5,979,280

$5,858,770

$5,858,770

State General Funds

$5,979,280

$5,858,770

$5,858,770

TOTAL FEDERAL FUNDS

$4,623,440

$4,623,440

$4,623,440

TOTAL PUBLIC FUNDS

$10,602,720 $10,482,210 $10,482,210

Section 50: Workers' Compensation, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $22,479,007

$21,955,175 $21,955,175
$523,832 $523,832 $523,832 $22,479,007

$21,955,175 $21,955,175
$523,832 $523,832 $523,832 $22,479,007

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $22,443,852 $22,443,852 $523,832 $523,832 $523,832 $22,967,684

$22,443,852 $22,443,852
$523,832 $523,832 $523,832 $22,967,684

$22,443,852 $22,443,852
$523,832 $523,832 $523,832 $22,967,684

Administer the Workers' Compensation Laws

Continuation Budget

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,247,520 $11,247,520
$458,353 $458,353 $458,353 $11,705,873

$11,247,520 $11,247,520
$458,353 $458,353 $458,353 $11,705,873

$11,247,520 $11,247,520
$458,353 $458,353 $458,353 $11,705,873

359.100 -Administer the Workers' Compensation Laws

Appropriation (HB 105)

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$11,247,520 $11,247,520 $11,247,520

State General Funds

$11,247,520 $11,247,520 $11,247,520

TOTAL AGENCY FUNDS

$458,353

$458,353

$458,353

FRIDAY, FEBRUARY 22, 2013

1111

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$458,353 $458,353 $11,705,873

$458,353 $458,353 $11,705,873

$458,353 $458,353 $11,705,873

Board Administration

Continuation Budget

The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner

that is sensitive, responsive, and effective.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,707,655 $10,707,655
$65,479 $65,479 $65,479 $10,773,134

$10,707,655 $10,707,655
$65,479 $65,479 $65,479 $10,773,134

$10,707,655 $10,707,655
$65,479 $65,479 $65,479 $10,773,134

360.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
360.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds
360.3 Remit payment to the State Treasury. (Total Funds: $5,303,747)(G:YES)(H:YES)(S:YES) State General Funds

$488,976 ($299) $0

$488,976 ($299) $0

$488,976 ($299) $0

360.100 -Board Administration

Appropriation (HB 105)

The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner

that is sensitive, responsive, and effective.

TOTAL STATE FUNDS

$11,196,332 $11,196,332 $11,196,332

State General Funds

$11,196,332 $11,196,332 $11,196,332

TOTAL AGENCY FUNDS

$65,479

$65,479

$65,479

Sales and Services

$65,479

$65,479

$65,479

Sales and Services Not Itemized

$65,479

$65,479

$65,479

TOTAL PUBLIC FUNDS

$11,261,811 $11,261,811 $11,261,811

Section 51: State of Georgia General Obligation Debt Sinking Fund
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds

Section Total - Continuation $1,124,937,314 $1,124,937,314 $942,063,253 $942,063,253 $182,874,061 $182,874,061

$1,124,937,314 $942,063,253 $182,874,061

1112

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS
General Obligation Debt Sinking Fund - Issued
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS

$16,456,398 $16,456,398 $16,456,398 $1,141,393,712 $1,141,393,712 $1,141,393,712

Section Total - Final $950,394,862 $824,306,389 $126,088,473 $16,456,398 $966,851,260

$950,158,305 $824,069,832 $126,088,473 $16,456,398 $966,614,703

$950,274,605 $824,186,132 $126,088,473 $16,456,398 $966,731,003

Continuation Budget

$1,041,915,306 $859,041,245 $182,874,061 $16,456,398
$1,058,371,704

$1,041,915,306 $859,041,245 $182,874,061 $16,456,398
$1,058,371,704

$1,041,915,306 $859,041,245 $182,874,061 $16,456,398
$1,058,371,704

361.1 Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales.

State General Funds

($144,252,667) ($144,252,667) ($144,252,667)

361.2 Repeal the authorization of $500,000 in 5-year bonds from FY2011 (HB948) for the University system of Georgia for the design of the Ray Charles Fine Arts Center at Albany State University.

State General Funds

($116,300)

($116,300)

$0

361.3 Repeal the authorization of $2,300,000 in 5-year bonds from FY2013 (HB742) for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University. (H and S:Reflect in GO Bonds New)

State General Funds

($531,300)

$0

$0

361.4 Repeal the authorization of $2,670,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction.

State General Funds

($242,436)

($242,436)

($242,436)

361.5 Repeal the authorization of $525,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction.

State General Funds

($47,670)

($47,670)

($47,670)

361.6 Repeal the authorization of $495,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) for the Capital Outlay Program - Low Wealth for local school construction.

State General Funds

($44,946)

($44,946)

($44,946)

FRIDAY, FEBRUARY 22, 2013

1113

361.7 Repeal the authorization of $10,455,000 in 20-year bonds from FY2011 (HB948) for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular for local school construction.

State General Funds

($911,676)

($911,676)

($911,676)

361.8 Repeal the authorization of $5,210,000 in 20-year bonds from FY2011 (HB948) for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction.

State General Funds

($454,312)

($454,312)

($454,312)

361.9 Repeal the authorization of $4,765,000 in 20-year bonds from FY2011 (HB948) for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction.

State General Funds

($415,508)

($415,508)

($415,508)

361.10 Repeal the authorization of $25,000 in 20-year bonds from FY2011 (HB948) for the State Board of Education (Department of Education) for the Capital Outlay Program - Low Wealth for local school construction.

State General Funds

($2,180)

($2,180)

($2,180)

361.11 Replace funds.
State General Funds State Motor Fuel Funds Total Public Funds:

$29,808,242 ($29,808,242)
$0

$29,808,242 ($29,808,242)
$0

$29,808,242 ($29,808,242)
$0

361.12 Reduce funds. State General Funds

($40,643)

$0

$0

361.13 Reduce funds for debt service and transfer savings to the Department of Transportation for defeasance of the outstanding bonds for GA-400 and associated closing expenses.

State Motor Fuel Funds

($26,977,346) ($26,977,346) ($26,977,346)

361.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS
General Obligation Debt Sinking Fund - New
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$867,878,322 $741,789,849 $126,088,473 $16,456,398 $884,334,720

Appropriation (HB 105) $868,450,265 $868,566,565 $742,361,792 $742,478,092 $126,088,473 $126,088,473 $16,456,398 $16,456,398 $884,906,663 $885,022,963

Continuation Budget

$83,022,008 $83,022,008 $83,022,008

$83,022,008 $83,022,008 $83,022,008

$83,022,008 $83,022,008 $83,022,008

1114

JOURNAL OF THE HOUSE

362.1 Repeal the authorization of $5,140,000 in 20-year bonds from FY2013 (HB742) for the Department of Education for the Capital Outlay Program Regular Advance for local school construction and redirect $5,140,000 in available bond proceeds from a FY2009 (HB990) Capital Outlay Program Regular Advance bond issuance towards these projects.

State General Funds

($439,984)

($439,984)

($439,984)

362.2 Repeal the authorization of $765,000 in 20-year bonds from FY2013 (HB742) for the Department of Education for the Capital Outlay Program - Low Wealth for local school construction and redirect $765,000 in available bond proceeds from a FY2009 (HB990) Capital Outlay Program - Additional Low Wealth bond issuance towards these projects.

State General Funds

($65,484)

($65,484)

($65,484)

362.3 Repeal the authorization of $2,300,000 in 5-year bonds from FY2013 (HB742) for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University.

State General Funds

($531,300)

($531,300)

362.4 Repeal the authorization of $1,200,000 in 5-year bonds from FY2013 (HB742) for the Technical College System of Georgia for equipment for the classroom building at Southern Crescent Technical College.

State General Funds

($277,200)

($277,200)

362.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$82,516,540 $82,516,540 $82,516,540

Appropriation (HB 105) $81,708,040 $81,708,040 $81,708,040 $81,708,040 $81,708,040 $81,708,040

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 $9,430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

FRIDAY, FEBRUARY 22, 2013

1115

[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 improvement of land, waters, 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 # 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,

1116

JOURNAL OF THE HOUSE

waters, 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 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,

FRIDAY, FEBRUARY 22, 2013

1117

waters, 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 Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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,

1118

JOURNAL OF THE HOUSE

waters, 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 # 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 # 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.

FRIDAY, FEBRUARY 22, 2013

1119

[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, waters, 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

1120

JOURNAL OF THE HOUSE

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 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 acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.

FRIDAY, FEBRUARY 22, 2013

1121

[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 $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.

1122

JOURNAL OF THE HOUSE

[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. [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

FRIDAY, FEBRUARY 22, 2013

1123

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, waters, 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 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

1124

JOURNAL OF THE HOUSE

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 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.

FRIDAY, FEBRUARY 22, 2013

1125

Section 52: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.302 BOND: K " 12 Schools: $105,200,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,552,160 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $105,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.302] From State General Funds, $9,309,724 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 $102,530,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316-317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.303 BOND: K " 12 Schools: $78,690,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $7,145,052 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.303] From State General Funds, $7,097,382 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,165,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010

1126

JOURNAL OF THE HOUSE

Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.304 BOND: K " 12 Schools: $2,020,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $183,416 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.304] From State General Funds, $138,470 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $1,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 1] From State General Funds, $3,876,476 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $44,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 1] From State General Funds, $2,964,800 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 $34,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 2] From State General Funds, $1,326,748 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $15,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:

FRIDAY, FEBRUARY 22, 2013

1127

[Bond # 2] From State General Funds, $911,240 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $10,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), carried forward by the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 3] From State General Funds, $3,701,640 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $42,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 3] From State General Funds, $3,247,328 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 $37,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 4] From State General Funds, $407,224 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 4] From State General Funds, $405,044 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,645,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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.

1128

JOURNAL OF THE HOUSE

is hereby amended to read as follows:
[Bond # 3] From State General Funds, $2,084,360 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 $24,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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.
is hereby amended to read as follows:
[Bond # 4] From State General Funds, $1,142,760 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 $13,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 164, Act No. 775, 2012 Regular Session, H.B. 742) is hereby repealed in its entirety:
[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.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 167, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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.
is hereby amended to read as follows:
[Bond # 42] From State General Funds, $60,060 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,

FRIDAY, FEBRUARY 22, 2013

1129

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 53: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes 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 in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for the fund source categories, "Total State Funds" and "Total Federal Funds," under a caption beginning with a program or special project number that has a 100 or a higher number after the decimal and a program or special project name. In each case, such appropriation is associated with the immediately preceding program or special project name, number, and statement of program or special project purpose. The program or special project purpose is stated immediately below the program or special project name. For authorizations for general obligation debt in Section 51, the indented, bold-faced paragraphs following each Bond number are the lowest level of detail and constitute appropriations in accordance with Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution. The caption above the Bond number, the light-faced text immediately following the Bond number before the bold-faced text, and the light-faced after the bold-faced text are information only.
Similarly, text in a group of lines that has a number less than 100 after the decimal (01 through 99) is not part of a statement of purpose but constitutes information as to how the appropriation was derived. Amounts in the columns other than the right-most column are for informational purposes only. The summary and lowest level of detail for the fund source categories "Total Agency Funds" and "Total Intra-State Governmental Transfers," are for informational purposes only. The blocks of text and numerals immediately following the section header and beginning with the phrases, "Section Total - Continuation" and "Section Totals - Final" are for informational purposes only. Sections 51, 52, and 53 contain, constitute, or amend appropriations.
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 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.

1130

JOURNAL OF THE HOUSE

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 ten percent (10%) 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: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Part III: Repeal Conflicting Laws All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 22, 2013

1131

By unanimous consent, the House disagreed to the Senate substitute to HB 105, pursuant to authority granted to the Speaker.
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 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
By unanimous consent, the House insisted on its position in disagreeing to the Senate substitute to HB 105 and a Committee of Conference was appointed on the part of the House to confer with a like committee on the part of the Senate, pursuant to authority granted to the Speaker.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives O`Neal of the 146th, England of the 116th and Jones of the 47th.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:

1132

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 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Shafer of the 48th, and Chance of the 16th.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, February 25, 2013.

MONDAY, FEBRUARY 25, 2013

1133

Representative Hall, Atlanta, Georgia

Monday, February 25, 2013

Twenty-Third Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell E Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V Coleman Cooke

Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey E Dickerson Dickey Dickson Dollar Douglas Drenner E Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Floyd Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene

Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Hugley Jackson Jacobs Jasperse Jones, J Jones, L E Jones, S Jordan Kaiser Kelley E Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Martin Maxwell

E McCall Meadows Mitchell Morgan Morris
E Mosby Murphy Neal Nimmer Nix O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon Sims, B

Sims, C Smith, E Smith, L Smith, M Smith, R E Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. E Thomas, B Turner Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Howard of the 124th, Mayo of the 84th, and Oliver of the 82nd.

1134

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Prayer was offered by Reverend Marcus Jackson, Pastor, World Overcomers Christian Outreach, Lithonia, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
The following communication was received:
House of Representatives 401 State Capitol
Atlanta, Georgia 30334
February 25, 2013
Robbie Rivers, Clerk of the House Georgia House of Representatives 309 State Capitol Atlanta GA 30334

MONDAY, FEBRUARY 25, 2013

1135

Dear Mr. Rivers,
On Friday, February 22, 2013 I was out sick with a virus or flu and had my assistant call to have my machine locked. It appears as though this may have been overlooked and would appreciate your amending the record to show my absence as excused.
Your consideration is appreciated.
Yours in service,
/s/ Chuck Sims 169th Chuck Sims
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 18. By Representatives Waites of the 60th and Scott of the 76th:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in elementary and secondary education, so as to enact the "Blind Persons' Braille Literacy Rights and Education Act"; to provide definitions; to require an evaluation of a blind or visually impaired child to determine such child's need for Braille instruction; to require Braille instruction in the individualized education program of a blind or visually impaired student; to provide requirements for textbook publishers relating to electronic materials; to provide license requirements relating to Braille for certain teachers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 20. By Representatives Waites of the 60th and Scott of the 76th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a state income tax credit with respect to certain volunteer firefighters; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

1136

JOURNAL OF THE HOUSE

HB 454. By Representatives Martin of the 49th, Lindsey of the 54th and Abrams of the 89th:
A BILL to be entitled an Act to amend Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the contents and form of the budget report, so as to require certain items to be included in the tax expenditure review; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 455. By Representatives Martin of the 49th and Abrams of the 89th:
A BILL to be entitled an Act to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Redevelopment Powers Law," so as to add to the definition of the term "redevelopment costs"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 456. By Representatives Bell of the 58th, Oliver of the 82nd, Abrams of the 89th, Hugley of the 136th, Fludd of the 64th and others:
A BILL to be entitled an Act to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to prohibit discrimination by any qualified school or program or student scholarship organization; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 457. By Representatives Braddock of the 19th, Maxwell of the 17th, Alexander of the 66th and Gravley of the 67th:
A BILL to be entitled an Act to amend an Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to provide for reincorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of a mayor and the city council; to provide for definitions and construction; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for

MONDAY, FEBRUARY 25, 2013

1137

related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 458. By Representatives Atwood of the 179th, Williams of the 119th, Smith of the 134th, Weldon of the 3rd, Peake of the 141st and others:
A BILL to be entitled an Act to amend Code Section 44-3-94 of the Official Code of Georgia Annotated, relating to damage or destruction of units, restoration, vote not to restore, and allocation of insurance deductible, so as to change the maximum allowable casualty insurance deductible imposed by condominium associations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 459. By Representatives Hitchens of the 161st, Hawkins of the 27th, Lumsden of the 12th, Tanner of the 9th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, so as to modify provisions relating to impeding traffic flow and minimum speed in left-hand lanes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 460. By Representatives Weldon of the 3rd, Battles of the 15th, Benton of the 31st, Black of the 174th and Riley of the 50th:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, so as to provide that no person under a sentence of confinement shall be eligible for membership in such retirement fund; to provide that a member of such fund shall not accrue creditable service while under a sentence of confinement; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 461. By Representatives Rogers of the 29th, Channell of the 120th, Parrish of the 158th and Cooper of the 43rd:

1138

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 462. By Representative Martin of the 49th:
A BILL to be entitled an Act to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which a license or permit is required, so as to provide that certain hybrid offspring of Asian leopard cats and domestic cats which are at least four generations from the Asian leopard cat shall not be a wild animal for which a permit is required; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 464. By Representatives Strickland of the 111th, Welch of the 110th, Teasley of the 37th, Dickey of the 140th and Rutledge of the 109th:
A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions

MONDAY, FEBRUARY 25, 2013

1139

regarding mortgages, conveyances to secure debt, and liens, so as to provide that a deed to secure debt which conveys as security for a loan or obligation one or more lots in a residential development that is subject to covenants and a property owners' association and which covenants are properly filed and recorded shall be subject to and subordinate to such covenants; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 465. By Representatives Martin of the 49th, Morris of the 156th, Williamson of the 115th and Kelley of the 16th:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to repeal Chapter 5, relating to debt adjustment; to enact a new Chapter 5, relating to debt management services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 475. By Representatives Pak of the 108th, Ramsey of the 72nd, Rice of the 95th, Stephens of the 164th, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the commissioner of driver services to enter into reciprocal agreements on behalf of Georgia for the recognition of drivers' licenses issued by foreign territories; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 485. By Representatives Dickey of the 140th, Peake of the 141st and Holmes of the 129th:
A RESOLUTION honoring the life of Leanna Nicole Craft and dedicating an intersection in her memory; and for other purposes.
Referred to the Committee on Transportation.

1140

JOURNAL OF THE HOUSE

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

HB 431 HB 433 HB 435 HB 437 HB 439 HB 441 HB 443 HB 445 HB 447 HB 449 HB 451 HB 453 HR 451 SB 104

HB 432 HB 434 HB 436 HB 438 HB 440 HB 442 HB 444 HB 446 HB 448 HB 450 HB 452 HR 450 SB 12 SR 113

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

Mr. Speaker:

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

HB 364 HB 383 HB 414 HB 416

Do Pass Do Pass Do Pass Do Pass

HB 376 HB 410 HB 415 HB 417

Do Pass Do Pass Do Pass Do Pass

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

Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

MONDAY, FEBRUARY 25, 2013

1141

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

HB 156 HB 302 SB 86

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

Respectfully submitted, /s/ Golick of the 40th
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 43 HR 393 HR 395 HR 417

Do Pass Do Pass Do Pass Do Pass

HR 233 HR 394 HR 416

Do Pass Do Pass Do Pass

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 25, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 175 HB 177

Covenants and warranties; certain covenants run with the land as a matter of public policy of this state; provide (Substitute)(Judy-Hightower-68th) Oconee River Greenway Authority; change the membership (NR&EWilkinson-52nd)

1142

JOURNAL OF THE HOUSE

Modified Structured Rule

HB 70

Special needs students; waiver of one of the scholarship requirements under certain conditions; provide (Substitute)(Ed-Golick-40th)

Pursuant to Rule 33.3, debate shall be limited to one hour each on HB 142 and HB 143. Time to be allocated by the Speaker.

HB 142 HB 143

Georgia Government Transparency and Campaign Finance Commission; change certain provisions (Substitute)(Rules-Ralston-7th) Campaign contributions; disclosure reports; change certain provisions (Substitute)(Rules-Ralston-7th)

Structured Rule

None

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

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

By unanimous consent, the following Bill of the House was recommitted to the Committee on Intragovernmental Coordination - Local:

HB 170. By Representatives Jones of the 47th, Lindsey of the 54th, Martin of the 49th, Riley of the 50th, Wilkinson of the 52nd and others:

A BILL to be entitled an Act to provide tax relief for Fulton County; to impose a cap on certain millage rates imposed by Fulton County; to provide for future millage rate increases; to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a two-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 25, 2013

1143

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 364. By Representatives Strickland of the 111th, Rutledge of the 109th, Welch of the 110th, Knight of the 130th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the governing authority of the City of McDonough 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 376. By Representative Harden of the 148th:
A BILL to be entitled an Act to authorize the governing authority of the City of Hawkinsville 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 383. By Representatives O`Neal of the 146th, Epps of the 144th, Dickey of the 140th, Talton of the 147th and Harden of the 148th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to revise the qualifications for candidates for mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 410. By Representatives Beverly of the 143rd, Randall of the 142nd, Epps of the 144th and Dickey of the 140th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Macon-Bibb County Community Enhancement Authority," approved April

1144

JOURNAL OF THE HOUSE

11, 2012 (Ga. L. 2012, p. 5270), so as to define certain terms; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 414. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 415. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 416. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as change certain provisions relating to the personnel review board; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, FEBRUARY 25, 2013

1145

HB 417. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:

A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V
Coleman Y Cooke

Y Coomer Cooper
E Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner E Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes
Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer
Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

1146

JOURNAL OF THE HOUSE

On the passage of the Bills, the ayes were 156, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 83. By Senators Gooch of the 51st, Hill of the 32nd, Carter of the 1st, Beach of the 21st, Tolleson of the 20th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to the supervision and support of paupers, so as to provide for cremation as an alternative for deceased indigents; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 100. By Senators Wilkinson of the 50th, Tippins of the 37th, Sims of the 12th and Miller of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to reestablish the Career and Technical Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 174. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3655), so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 25, 2013

1147

HB 223. By Representative Gasaway of the 28th:

A BILL to be entitled an Act to create a board of elections and registration for Banks County and to provide for its powers and duties; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

HB 277. By Representative Greene of the 151st:

A BILL to be entitled an Act to repeal an Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the fourmonth nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624); to repeal conflicting laws; and for other purposes.

HB 294. By Representatives Caldwell of the 131st and Knight of the 130th:

A BILL to be entitled an Act to provide a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 83.

By Senators Gooch of the 51st, Hill of the 32nd, Carter of the 1st, Beach of the 21st, Tolleson of the 20th and others:

A BILL to be entitled an Act to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to the supervision and support of paupers, so as to provide for cremation as an alternative for deceased

1148

JOURNAL OF THE HOUSE

indigents; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 100. By Senators Wilkinson of the 50th, Tippins of the 37th, Sims of the 12th and Miller of the 49th:

A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to reestablish the Career and Technical Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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

Representatives Epps of the 144th and Gravley of the 67th.

Pursuant to HR 222, the House commended the Pierce County High School cheerleading squad on their 2012-2013 GHSA Class AAA State Championship and invited them to be recognized by the House of Representatives.

Pursuant to HR 221, the House recognized and commended the Emanuel County Institute High School football team on their 2012 GHSA Class A State Championship and invited the team to appear before the House of Representatives.

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

HB 70.

By Representatives Golick of the 40th, Coleman of the 97th, Setzler of the 35th, Lindsey of the 54th, Dudgeon of the 25th 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 deadlines for scholarship payments to parents; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 25, 2013

1149

The following Committee substitute was read and adopted:
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 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 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 has had an Individualized Education Program (IEP) written by the school in accordance with federal and state laws and regulations; 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 process to be completed prior to the beginning of the school year. The State Board of Education

1150

JOURNAL OF THE HOUSE

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 2. Said article is further amended by revising subsections (d) and (e) of Code Section 20-22116, relating to the amount of the scholarship and methods of payment, as follows:
"(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 participating school, and subsequent payments shall be made on evidence of continued enrollment and attendance at the participating school."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

MONDAY, FEBRUARY 25, 2013

1151

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

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

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

HB 177. By Representatives Wilkinson of the 52nd, Epps of the 144th, Kidd of the 145th, Harbin of the 122nd, Peake of the 141st and others:

A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the creation and operation of the

1152

JOURNAL OF THE HOUSE

Oconee River Greenway Authority, so as to change the membership of the authority; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, the ayes were 169, nays 0.

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

MONDAY, FEBRUARY 25, 2013

1153

HB 175. By Representatives Hightower of the 68th, Powell of the 32nd and Fleming of the 121st:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties, so as to provide that certain covenants run with the land as a matter of public policy of this state; 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 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties, so as to provide that certain covenants run with the land; 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 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties, is amended by adding a new Code section to read as follows:
"44-5-59. Except as provided in Code Section 44-5-60 and excluding covenants recorded on property solely by the property's owner, which shall run with the title to the land, a covenant runs with the land when, for consideration and as reflected in a duly recorded instrument found in the applicable chain of title, a property owner and a third party agree to such covenant, the property is adequately described in such covenant, and such covenant does not run for more than 20 years."
SECTION 2. This Act shall become effective on July 1, 2013, and shall apply to covenants recorded on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

1154

JOURNAL OF THE HOUSE

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Meadows
Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 0.

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

The Speaker Pro Tem assumed the Chair.

HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to

MONDAY, FEBRUARY 25, 2013

1155

powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to campaign disclosure reports; to change certain provisions relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to change certain provisions relating to lobbyist disclosure reports; to amend Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, so as to change certain provisions relating to filing of complaints; 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 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 revising paragraph (7) of subsection (a) as follows:
"(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such any rules and regulations as are specifically authorized in necessary and appropriate for carrying out the purposes of this chapter; provided,

1156

JOURNAL OF THE HOUSE

however, that the commission shall not require the reporting or disclosure of more information on any report than is expressly required to be reported or disclosed by this chapter, unless such information was required to be reported or disclosed by rules and regulations of the commission which were in effect as of January 1, 2013, so long as such rules and regulations do not conflict with this chapter; and"
SECTION 2. Said chapter is further amended in Code Section 21-5-70, relating to definitions relative to public officers' conduct and lobbyist disclosure, by revising paragraphs (1) and (5) as follows:
"(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (B.1) Includes reimbursement or payment of actual and reasonable expenses provided to a public officer for transportation, travel, lodging, registration, food, and beverages, and other activities related to attending a meeting or conference so as to permit such public officer's participation in such meeting or conference; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, tickets for admission to athletic, sporting, recreational, musical concert, or other entertainment events, or anything of value, unless consideration of equal or greater than face value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the family of such public officer or public employee Includes reimbursement or payment of expenses for recreational or leisure activities; and (E) The term shall Does not include: anything defined in paragraph (4.1) of this Code section as a lobbying expenditure, the provisions of subparagraphs (A) through (D) of this paragraph notwithstanding."
"(4.1) 'Lobbying expenditure' means: (i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officer's family; (iii) Legal compensation or expense reimbursement provided to public employees and to public officers in the performance of their duties;
(iv)(A) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia;

MONDAY, FEBRUARY 25, 2013

1157

(v)(B) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (vi)(C) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (vii) (D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An For purposes of this subparagraph, an agency shall also include the Georgia House of Representatives, the Georgia Senate, standing committees of such bodies and standing subcommittees of such bodies standing committees, local delegations of the House and Senate as defined by House and Senate rules, caucuses of members of the majority or minority political parties of the House or Senate, other caucuses of the House or Senate as approved by the House Committee on Ethics or the Senate Ethics Committee, and the governing body of each political subdivision of this state; (viii) (E) Campaign contributions or expenditures as defined by Code Section 21-53 and reported as required by Article 2 of this chapter;
(ix) A commercially reasonable loan made in the ordinary course of business; (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities; or (xi) Transportation unless a lobbyist arranges for or participates in such transportation. (F) Reimbursement or payment of actual and reasonable expenses provided to a public officer and his or her necessary public employee staff members for such public officer's and staff members' individual transportation other than by air, lodging, travel, and registration for attending educational, informational, charitable, or civic meetings, functions, or conferences that directly relate to the official duties of that public officer or the office of that public officer, plus food and beverages for such public officer, his or her necessary public employee staff members, and spouse while attending such educational, informational, charitable, or civic meetings, functions, or conferences; or (G) Admission provided to members of the General Assembly to any collegiate athletic event in which a student athletic team from a branch of the University System of Georgia or private university or college accredited in the State of Georgia participates, if admission to such event is offered to all members of the General Assembly. (5) 'Lobbyist' means, subject to the qualifications at the end of this paragraph: (A) Any natural person who receives compensation or provides services pro bono publico for advocating to a public officer of the executive or legislative branch of state government as specified in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, while at the state capitol, Coverdell Legislative Office Building, or other state government facility, a position or agenda on behalf of an organization or business entity for the purpose of influencing the decision making of

1158

JOURNAL OF THE HOUSE

such public officer, if such natural person is neither subject to nor expressly exempted by any other provision of this paragraph or subsection (i) of Code Section 21-5-71; (A)(A.1) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A)(A.1) of this paragraph; (D) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph; (G) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee or independent contractor of the vendor solely on the basis that such employee or independent contractor participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency and shall not include a bona fide salesperson who sells to or contracts with a state agency for goods or services and who does not otherwise engage in activities described in subparagraphs (A) through (F) or (H) through (J)(I) of this paragraph;

MONDAY, FEBRUARY 25, 2013

1159

(H) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any rule or regulation of any state agency; (I) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose any matter before the State Transportation Board; or (J) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose any matter before the State Transportation Board. The provisions of subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall apply only where the person in question spends more than 10 percent of his or her working hours engaged in the activities described in one or more of those subparagraphs. In the case of a person who is employed by a single employer, the 10 percent test shall be applied to all time worked for that employer. In the case of a person who is employed by more than one employer or retained by more than one client, the 10 percent test shall be applied separately with respect to time spent working for each employer and each client. A person who spends less than 10 percent of his or her time working for an employer or client engaged in such activities shall not be required to register as or be subject to regulation as a lobbyist for that employer or client. In applying the 10 percent test, time spent in planning, researching, or preparing for activities described in subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall be counted as time engaged in such activities. When registration is required, the time of registration shall be as provided in Code Section 21-5-71."
SECTION 3. Said chapter is further amended by revising subsection (n) of Code Section 21-5-34, relating to campaign disclosure reports, as follows:
"(n) The commission shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section Reserved."
SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, as follows:
"(g) The commission shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section Reserved."
SECTION 5. Said chapter is further amended by revising Code Section 21-5-71, relating to lobbyist

1160

JOURNAL OF THE HOUSE

registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, as follows:
"21-5-71. (a)(1) Subject to paragraphs (2) and (3) paragraph (2) of this subsection and except as otherwise provided by subsection (i) of this Code section, no person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person's sentence. The administration of this article is vested in the commission. (2) When a person is hired or retained as an employee or agent or independent contractor and under the agreement of the parties the primary duties, or a substantial part of the duties, of the person will involve lobbying activities, the person shall register as a lobbyist before commencing lobbying activities. (3) When paragraph (2) does not apply there shall be a lookback period of each calendar month for determining whether the 10 percent test of paragraph (5) of Code Section 21-5-70 has been met. If at the end of any month the 10 percent test has been met during that month, the person shall register as a lobbyist within five days after the last day of that month and shall in his or her initial disclosure report include all prior lobbying expenditures in that calendar year.
(b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf; (6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of paragraph (5) of Code Section 21-5-70 attempting to influence rule making or purchasing by a state agency or agencies, the name of the state agency or agencies before which the applicant engages in lobbying; (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and (8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred

MONDAY, FEBRUARY 25, 2013

1161

in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person's sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence. (c) The lobbyist shall, within seven days of prior to any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent. (f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees. (2) The commission shall collect the following fees:
(A) Annual lobbyist registration or renewal filed pursuant to this Code section, including a lobbyist identification card issued pursuant to this Code section ............................................................ $300.00 $25.00

(B) Lobbyist supplemental registration filed pursuant to this Code section ...............................................................................................

10.00

(C) Each copy replacement of a lobbyist identification card issued pursuant to this Code section ............................................................

20.00

(D)(i) For reports filed when the General Assembly is not in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed.

1162

JOURNAL OF THE HOUSE

(ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1.
(E)(i) For reports filed when the General Assembly is in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the twenty-first day after the due date for such report if the report has not been filed.
(ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1.
(f.1) The provisions of subparagraphs (f)(2)(A), (f)(2)(B), (f)(2)(D), and (f)(2)(E) of this Code section shall not apply to any lobbyist who is acting pro bono publico and does not make lobbying expenditures. To qualify for the exemption provided by this subsection, such lobbyist at the time of his or her registration or renewal of registration shall file an affidavit with the commission on such form as prescribed by the commission, stating that during the preceding 12 months he or she has not accepted compensation for lobbying, has not been fined by the commission, and has not made any lobbying expenditure and does not have a present intention to accept compensation for lobbying or make lobbying expenditures during the calendar year for which he or she is registering or renewing registration. Prior to accepting compensation or making any lobbying expenditure during the year for which registration is issued or renewed, he or she shall be required to notify the commission of such forthcoming change of status by filing a supplemental registration under subsection (c) of this Code section, pay all applicable fees otherwise required by subsection (f) of this Code section, and be subject to the applicable reporting requirements of Code Section 21-5-73; and the affidavit shall include a statement acknowledging such requirements. (g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist, a color photograph of the lobbyist, and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish in print or electronically public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the

MONDAY, FEBRUARY 25, 2013

1163

commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to:
(1) Any individual who expresses communicates personal views, interests, or professional opinions on that individual's own behalf, to any public officer of the executive or legislative branch of state government as specified in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3; (1.1) Any person who is not a public officer or public employee and who engages in lobbying at the state capitol, Coverdell Legislative Office Building, or other state government facility a combined total of not more than five days in a calendar year, provided that such person is not compensated specifically for lobbying; (1.2) An employee or independent contractor of a vendor who solely participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential contract with a state or local government agency or a bona fide salesperson who sells to or contracts with a state or local government agency for goods or services, is not hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, and does not engage in other activities which would make such person a lobbyist; (2) Any person who appears before is invited by a public agency or governmental entity to appear before a committee or at a hearing of such agency or entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony when so long as such person is not otherwise required to comply with the registration provisions of this Code section clearly identifies himself or herself and the interested party on whose behalf he or she is testifying; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes is invited to furnish information upon the specific request of a public agency or governmental entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, so long as such person clearly identifies himself or herself and the interested party on whose behalf he or she furnishes such information; (3.1) Any industry, subject matter, or business expert appearing before a public agency or governmental entity committee, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony or furnishing information when accompanied by a registered lobbyist representing such industry or business or representing an association or trade group for such industry or business; (4) Any licensed attorney when representing a client in administrative proceedings or in civil litigation or criminal proceedings or appearing on behalf of a client in any

1164

JOURNAL OF THE HOUSE

adversarial proceeding before an agency of this state or any political subdivision of this state; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers or appointed public officials performing the official duties of their public office or position; and (7) Any public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators."
SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"21-5-72.1. (a)(1) No person who is required by the law of this state to register as a lobbyist shall meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any member of the General Assembly to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents. (2) No member of the General Assembly shall with actual knowledge meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any person who is registered as a lobbyist to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents. (b)(1) No person who is registered as a lobbyist under Code Section 21-5-71 shall make any expenditure. (2) No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section 21-5-71."
SECTION 7. Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyist disclosure reports, as follows:
"21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section in the electronic format specified by the commission, except as otherwise provided by subsection (j) of this Code section.

MONDAY, FEBRUARY 25, 2013

1165

(b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor shall file a semimonthly disclosure report on the first and fifteenth day of each month, current through the end of the preceding report, beginning January 15 and continuing throughout the period that the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution shall:
(1) File a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and (2) File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any lobbying expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any lobbying expenditures relating to municipal affairs or independent school district affairs. (d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), (H), (I), or (J) of paragraph (5) of Code Section 21-5-70 required to register under this article and: (1) Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (2) As an employee of the executive branch or judicial branch of local government, lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 215-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (3) Lobbies to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency; or (4) Lobbies to promote or oppose any matter before the State Transportation Board shall file a monthly disclosure report, current through the end of the preceding period, on or before the fifth day of each month; provided, however, that such monthly reports shall not be filed during any period that the lobbyist files a semimonthly report pursuant to subsection (b) of this Code section. (e) Reports filed by lobbyists shall be verified and shall include:

1166

JOURNAL OF THE HOUSE

(1) A description of all lobbying expenditures, as defined in described in subparagraphs (D), (F), and (G) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf of or for the benefit of a public officer or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer by the lobbyist or employees of the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such lobbying expenditure. The description of each reported lobbying expenditure shall include:
(A) The name and title of the public officer or public employee or, if the lobbying expenditure is simultaneously incurred for an identifiable group of public officers or public employees the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the lobbying expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage tickets; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate lobbying expenditures described in divisions (1)(E)(vii) and (1)(E)(x) subparagraph (D) of paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer or public employee shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the lobbying expenditure was made; and (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the lobbying expenditure was made; (2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and (3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to promote or oppose the passage of any rule or regulation of any state agency, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse

MONDAY, FEBRUARY 25, 2013

1167

noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections. (g) The electronic filing of any disclosure report required by this article shall constitute an affirmation that such report is true, complete, and correct. (h) The commission shall not require the reporting of any more information in a lobbyist disclosure report than is expressly required to be disclosed by this Code section Reserved. (i) All lobbyists shall have a grace period of three business days in filing all disclosure reports.
(j)(1) Any employee of a branch, department, commission, agency, or authority of state government who is required to register under this article shall not be subject to the reporting requirements of this Code section. (2) Any registered lobbyist who is exempt from specified fee payment requirements pursuant to subsection (f.1) of Code Section 21-5-71 shall not be subject to the reporting requirements of this Code section during the period in which such exemption from fees remains in effect."
SECTION 8. Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, is amended by revising subsection (a) as follows:
"(a) Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a member of the General Assembly. The clerical officer shall designate the place where such complaints may be filed, provide instruction necessary to properly submit a complaint, and prescribe forms for such complainants. Complaints shall be submitted in writing and verified under oath to the best information, knowledge, and belief of such person. The complaint shall include a statement by the complainant as to whether or not in filing the complaint he or she is acting as an agent, paid or otherwise, for any other person. Any person who knowingly provides false information in executing a complaint under this Code section commits the offense of false swearing within the meaning of Code Section 16-10-71."
SECTION 9. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

1168

JOURNAL OF THE HOUSE

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 164, nays 4.

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

HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions,

MONDAY, FEBRUARY 25, 2013

1169

so as to change certain provisions relating to disclosure reports; 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 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to campaign contribution disclosure reports; to change certain provisions relating to filing campaign contribution disclosure reports; to change certain provisions relating to financial disclosure filings by public officers, filings by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission; 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 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by revising paragraph (19) of subsection (b) of Code Section 215-6, relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission, as follows:
"(19) On a quarterly basis, to prepare, update, and publish in print or electronically a report and post such report on its website, listing the name of each filer required to file with the commission who has not filed the most recent campaign contribution disclosure report required by Code Sections 21-5-34 and 21-5-34.1, the financial disclosure statement required by Code Section 21-5-50, or the disclosure report required by Code Section 21-5-73 within 30 days of the date such report was due to be filed;"
SECTION 2. Said chapter is further amended by revising Code Section 21-5-34, relating to campaign contribution disclosure reports, as follows:
"21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional

1170

JOURNAL OF THE HOUSE

amendment, state-wide proposed question, or state-wide referendum shall electronically sign and file with the commission the required campaign contribution disclosure reports; provided, however, that public offices listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 shall be subject to signing and filing requirements as prescribed by paragraph (3) or (4) of this subsection, and recalls for such offices shall be subject to signing and filing requirements the same as required of candidates for such offices as prescribed by paragraph (3) or (4) of this subsection. (B) The chairperson or treasurer of each independent committee shall file the required disclosure reports with the commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state shall register with the commission and file campaign contribution disclosure reports as prescribed by this chapter or, in the case of any proposed question which is to appear on the ballot in a county or municipal election, shall register and file campaign disclosure reports with the same officials as prescribed by paragraph (3) or (4) of this subsection for candidates for county or municipal offices; provided, however, that such reports shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums shall identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report with the commission under subparagraph (A) of this paragraph, such report shall be electronically filed with the commission. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the election year. (3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required disclosure reports with the election superintendent in the county of election. (4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required disclosure reports with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b)(1) All reports shall list the following: (A) As to any contribution of more than $100.00, its amount and date of receipt, the election for which the contribution has been accepted and allocated, along with the name and mailing address of the contributor, and, if the contributor is an individual, that individual's occupation and the name of his or her employer. Such contributions shall include, but shall not be limited to, the purchase of tickets for

MONDAY, FEBRUARY 25, 2013

1171

events such as dinners, luncheons, rallies, and similar fund-raising events coordinated for the purpose of raising campaign contributions for the reporting person; (B) As to any expenditure of more than $100.00, its amount and date of expenditure, the name and mailing address of the recipient receiving the expenditure, and, if that recipient is an individual, that individual's occupation and the name of his or her employer and the general purpose of the expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures shall be reported for an election cycle as follows:
(i) The first report of an election cycle shall list the cash on hand brought forward from the previous election cycle, if any, and the total contributions received during the period covered by the report; (ii) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the election cycle; (iii) The first report of an election cycle shall list the total expenditures made during the period covered by the report; (iv) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the election cycle, and net balance on hand; and (v) If a public officer seeks reelection to the same public office, or if the public officer is a member of the General Assembly seeking reelection in another district as a result of redistricting, the net balance on hand at the end of the current election cycle shall be carried forward to the first report of the applicable new election cycle; (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of more than $100.00; (F) Any investment made with funds of a campaign committee, independent committee, or political action committee and held outside such committee's official depository account during each reporting period for which an investment exists or a transaction applying to an identifiable investment is made. The report shall identify the name of the entity or person with whom such investment was made, the initial and any subsequent amount of such investment if such investment was made during the reporting period, and any profit or loss from the sale of such investment occurred during such reporting period; and (G) Total debt owed on the last day of the reporting period.

1172

JOURNAL OF THE HOUSE

(2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $100.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively equal or exceed $100.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on June 30 and December 31; (2) In each election year:
(A) On March 31, June 30, September 30, October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any election for which the candidate is qualified and the date of such election, all contributions of $1,000.00 or more shall be reported within two business days of receipt to the commission and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (2.1) In each year, every contribution of more than $100.00 to a member of the General Assembly or a campaign committee therefor received during the period beginning January 1 and ending with the convening of the regular session of the General Assembly shall be reported to the commission within five business days of the convening of the regular session of the General Assembly and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is a candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within two business days. Reports required to be filed within two business days of a contribution shall be reported by facsimile or electronic transmission to the commission. Each report required in the election year shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of more than $100.00, such candidate shall only be required to make the initial and final report as required under this chapter.

MONDAY, FEBRUARY 25, 2013

1173

(d.1)(1) In the event a candidate for nomination or election to a public office listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of a campaign committee organized to bring about the nomination or election of such candidate signs and files with the appropriate official specified by paragraph (3) or (4) of subsection (a) of this Code section a written notice on the date of such candidate's qualifying that such candidate or campaign committee does not intend to accept during the calendar year of such qualifying a combined total of contributions exceeding $2,500.00 for the campaign nor make a combined total of expenditures exceeding $2,500.00 for the campaign in such calendar year, then such candidate or campaign committee shall not be required to file a report under this Code section. (2) If such candidate or campaign committee exceeds the $2,500.00 limit for either accepting contributions or making expenditures for such campaign during the calendar year of such qualifying as specified in paragraph (1) of this subsection but does not accept a combined total of contributions exceeding $5,000.00 in such calendar year nor makes expenditures exceeding $5,000.00 in such calendar year, then such candidate or campaign committee shall be required to file only the June 30 and October 25 reports required by paragraph (2) of subsection (c) of this Code section. The first such report shall include all contributions received and expenditures made beginning January 1 of such calendar year. (3) If such candidate or campaign committee accepts a combined total of contributions exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign during the calendar year of qualifying, then such candidate or campaign committee chairperson or treasurer shall thereupon be subject to the reporting requirements of this Code section the same as if the written notice authorized by this subsection had not been filed on the date of qualifying. (4) For purposes of this subsection, qualifying fees shall not be included in calculating expenditures. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports with the commission at the same times as required of the candidates they are supporting. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates' campaign committees in one calendar year; (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $25,000.00 or less in one calendar year; and (3) Contributors who make contributions to only one candidate during one calendar year.

1174

JOURNAL OF THE HOUSE

(f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall register with the commission prior to accepting contributions or making expenditures and shall file disclosure reports with the commission as follows:
(A) On the first day of each of the two calendar months preceding any such election; (B) Two weeks prior to the date of such election; and (C) Within the two-week period prior to the date of such election the independent committee shall report within two business days any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the election year and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of more than $100.00; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of more than $100.00 is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows:
(i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of more than $100.00. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the commission as follows:

MONDAY, FEBRUARY 25, 2013

1175

(1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; and (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the election year. (i)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the election cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied. (j) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section. (k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00 shall be imposed by the person or entity with which filing is required for each report that is filed late, and notice of such late fee shall be sent to the candidate and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late

1176

JOURNAL OF THE HOUSE

fee of $250.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed by such date; provided, however, that a 15 day extension period shall be granted on the final report. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if such report has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means does not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph. (2) The commission shall retain $25.00 of the first late fee received by the commission for processing pursuant to the provisions of Code Section 45-12-92.1. (l) It shall be the duty of the commission or other official when it receives for filing any disclosure report or statement or other document that may be filed by mail to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due. (m) Any person or entity which is required to be registered with the commission under this Code section shall file a termination statement together with its final campaign contribution disclosure report as required by this Code section. The termination statement shall identify the person responsible for maintaining campaign records as required by this chapter. (n) The Neither the commission nor any other official shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section."
SECTION 3. Said chapter is further amended by revising Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports, as follows:
"21-5-34.1. (a) Candidates, candidate committees, and public officers who are required to file campaign contribution disclosure reports with the commission shall use electronic means to file such reports with the commission using means prescribed by the commission to file such reports. (b) The electronic filing of any campaign disclosure report required under this article shall constitute an affirmation that such report is true, complete, and correct. (c) Candidates seeking election to county or municipal offices may use electronic means to file their campaign contribution disclosure reports with the commission if such method is made available or may file by certified mail or statutory overnight delivery. (d) Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports with the commission upon having raised or spent $5,000.00 in a calendar year if such method is made available, and no paper copy of the

MONDAY, FEBRUARY 25, 2013

1177

report shall be filed. Under that threshold, electronic filing is permitted and encouraged if such method is made available but not required. (e) The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct."
SECTION 4. Said chapter is further amended by revising Code Section 21-5-50, relating to financial disclosure statement filings by public officers, filings by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission, as follows:
"21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (D), (F), and (G) of paragraph (22) of Code Section 21-53, shall file with the commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than an election year a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (D), (F), and (G) of paragraph (22) of Code Section 21-5-3, shall file with the commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file a financial disclosure statement pursuant to this Code section. Each such public officer shall, however, be deemed to be a public official for purposes of Code Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code Section 45-10-26. In addition, each such public officer shall file with the commission, prior to January 31 each year, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. (3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, who serves as a member of the commission shall be subject to the requirements for filing financial disclosure statements set forth in paragraph (1) of this subsection. In addition, each such public officer shall file with the commission, together with the financial disclosure statement, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. (3.1) A public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, shall make filings of the same kind and in the same manner as provided in paragraph (1) of this subsection for other public officers except that filings under this paragraph shall be made with the election superintendent of the county in the case of public officers as defined in said subparagraph (F) and shall be

1178

JOURNAL OF THE HOUSE

made with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality in the case of public officers as defined in said subparagraph (G). (4) Each member of the State Transportation Board shall file a financial disclosure statement for the preceding calendar year no later than the sixtieth day following such member's election to the State Transportation Board. Thereafter, each board member shall file by January 31 of each year a financial disclosure statement for the preceding year. In addition, each board member shall file with the commission, prior to January 31 of each year, an affidavit confirming that such board member took no official action in the previous calendar year that had a material effect on such board member's private financial or business interests. (5) The commission or the applicable official under paragraph (3.1) of this subsection shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (6) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in an election year if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this paragraph, a public officer shall not be deemed to hold office in a year in which the public officer holds office for fewer than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium which is accepted by a filer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the filer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted; (2) All fiduciary positions held by the candidate for public office or the filer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address, and principal activity of any business entity or investment, exclusive of the names of individual stocks and bonds in mutual funds, and the office held by and the duties of the candidate for public office or filer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which:
(A) Is more than 5 percent of the total interests in such business; or (B) Has a net fair market value of $5,000.00 or more; (4)(A) Each tract of real property in which the candidate for public office or filer has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value of $5,000.00 or more. As used in this paragraph, the term 'fair market' value means the appraised value of the property for ad valorem tax purposes. The disclosure shall contain the county and state, general description of

MONDAY, FEBRUARY 25, 2013

1179

the property, and whether the fair market value is between (i) $5,000.00 and $100,000.00; (ii) $100,000.01 and $200,000.00; or (iii) more than $200,000.00. (B) Each tract of real property in which the candidate for public office's spouse or filer's spouse has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value of $5,000.00 or more. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $5,000.00 and $100,000.00; (ii) $100,000.01 to $200,000.00; (iii) or more than $200,000.00; (5) The filer's occupation, employer, and the principal activity and address of such employer; (6) The filer's spouse's name, occupation, employer, and the principal activity and address of such employer; (7) If the filer has actual knowledge of such ownership interest, the name of any business or subsidiary thereof or investment, exclusive of the individual stocks, bonds, or mutual funds, as of December 31 of the covered year in which the filer's spouse or dependent children, jointly or severally, own a direct ownership interest which: (A) Is more than 5 percent of the total interests in such business or investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00 or in which the filer's spouse or any dependent child serves as an officer, director, equitable partner, or trustee; and (8) All annual payments in excess of $10,000.00 received by the filer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself or herself) shall file with the commission, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his or her notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years: (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any

1180

JOURNAL OF THE HOUSE

political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4) As used in this subsection, the term: (A) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (B) 'Financial statement' means a statement of a candidate's financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (C) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying. (d) All state-wide elected officials and members of the General Assembly shall file financial disclosure statements electronically with the commission. Local officials referred to in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 may file electronically if such method is made available or may file by certified mail or statutory overnight delivery.

MONDAY, FEBRUARY 25, 2013

1181

(e) The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct.
(f)(1) In addition to other penalties provided in this chapter, a late fee of $125.00 shall be imposed by the person or entity with which filing is required for each financial disclosure statement that is filed late, and notice of such late fee shall be sent to the board member, candidate, and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such statement if such statement has not been filed. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such statement if the statement has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means shall not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph. (2) The commission shall retain $25.00 of the first late fee received by the commission for processing pursuant to the provisions of Code Section 45-12-92.1. (g) The Neither the commission nor any other official shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section."

SECTION 5. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval.

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

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey E Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes

E McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland

1182

JOURNAL OF THE HOUSE

Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williamson Y Yates
Ralston, Speaker

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

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

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

HR 488. By Representatives Roberts of the 155th, Ralston of the 7th, O`Neal of the 146th and England of the 116th:

A RESOLUTION recognizing and commending Roberto Roy and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 489. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:

A RESOLUTION congratulating the Gainesville High School golf team on their 2012 Class AAA State Championship win and inviting them to be recognized by the House of Representatives; and for other purposes.

MONDAY, FEBRUARY 25, 2013

1183

HR 490. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION congratulating the Gainesville High School Red Elephants football team on their 2012 Class AAAAA State Championship win and inviting them and the Gainesville High School football team coaches, cheerleading team, and administration to be recognized by the House of Representatives; and for other purposes.
HR 491. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION commending the Gainesville High School girls golf team on their Class AAA State Championship win and inviting the players and coaches to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 43. By Representatives Benton of the 31st and Quick of the 117th:
A RESOLUTION congratulating the Jefferson High School Dragons on their Class AA Football State Championship win and inviting the team and coaches to be recognized by the House of Representatives; and for other purposes.
HR 233. By Representatives Randall of the 142nd, Dickey of the 140th, Epps of the 144th, Beverly of the 143rd and Peake of the 141st:
A RESOLUTION recognizing February 26, 2013, as Macon Day at the state capitol and inviting citizens and public officials from Macon and Bibb County to be recognized by the House of Representatives; and for other purposes.
HR 393. By Representatives Dickerson of the 113th, Hugley of the 136th, Stephenson of the 90th, Dawkins-Haigler of the 91st and Smith of the 125th:
A RESOLUTION commending Ms. Lin Seahorn and inviting her to appear before the House of Representatives; and for other purposes.
HR 394. By Representatives Dickerson of the 113th, Hugley of the 136th, Stephenson of the 90th, Dawkins-Haigler of the 91st and Smith of the 125th:

1184

JOURNAL OF THE HOUSE

A RESOLUTION recognizing Montlick & Associates and inviting its team members to appear before the House of Representatives; and for other purposes.
HR 395. By Representatives Dickerson of the 113th, Hugley of the 136th, Stephenson of the 90th, Dawkins-Haigler of the 91st and Smith of the 125th:
A RESOLUTION commending Edward Earl Reed, Jr., and inviting him to appear before the House of Representatives; and for other purposes.
HR 416. By Representatives Taylor of the 79th, Riley of the 50th, Burns of the 159th, Clark of the 101st and Holcomb of the 81st:
A RESOLUTION Commending Director General Anna A. Kao for her significant contributions and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 417. By Representatives Jackson of the 128th, Williams of the 168th, Epps of the 144th and Hugley of the 136th:
A RESOLUTION commending the contributions of members of the clergy in Georgia, recognizing Monday, February 25, 2013, as the 12th annual Clergy Day at the capitol, and inviting members of the clergy to be recognized by the House of Representatives; and for other purposes.
The Speaker assumed the Chair.
The following Resolutions of the House were read and adopted:
HR 492. By Representative Weldon of the 3rd:
A RESOLUTION recognizing February 26, 2013, as Children's Day at the capitol; and for other purposes.
HR 493. By Representatives Kirby of the 114th and Chandler of the 105th:
A RESOLUTION congratulating the Mini 1 Future Extreme Allstars Competition Cheerleading Team on winning the 2013 Cheersport National Competition Cheerleading Championship; and for other purposes.

MONDAY, FEBRUARY 25, 2013

1185

HR 494. By Representatives Kirby of the 114th and Chandler of the 105th:
A RESOLUTION congratulating the Junior Large 2 Future Extreme Allstars on winning the 2013 Cheersport National Competition Cheerleading Championship; and for other purposes.
HR 495. By Representative Harden of the 148th:
A RESOLUTION recognizing and commending the State YMCA of Georgia's Center for Civic Engagement; and for other purposes.
HR 496. By Representatives Clark of the 98th, Williamson of the 115th, O`Neal of the 146th, Dunahoo of the 30th, Jackson of the 128th and others:
A RESOLUTION recognizing and commending James Corbett; and for other purposes.
HR 497. By Representatives England of the 116th, Kirby of the 114th and Quick of the 117th:
A RESOLUTION recognizing and commending Akins Ford Dodge Chrysler Jeep as it joins many Georgia businesses in "going green"; and for other purposes.
HR 498. By Representatives Dollar of the 45th, Cheokas of the 138th, Pak of the 108th, Jones of the 47th, Taylor of the 79th and others:
A RESOLUTION commending Taiwan for its relations with the United States; and for other purposes.
HR 499. By Representatives Powell of the 32nd, Hitchens of the 161st, Atwood of the 179th, O`Neal of the 146th, Powell of the 171st and others:
A RESOLUTION recognizing and commending Mr. John G. R. Bankhead, the GBI's Director of Public Affairs, on the occasion of his retirement and his contributions to the law enforcement profession in Georgia; and for other purposes.
HR 500. By Representatives Brooks of the 55th and Beasley-Teague of the 65th:
A RESOLUTION honoring the life and memory of Frederick Moore; and for other purposes.

1186

JOURNAL OF THE HOUSE

HR 501. By Representatives Dollar of the 45th, Ralston of the 7th, Jones of the 47th, O`Neal of the 146th, Lindsey of the 54th and others:
A RESOLUTION recognizing and commending Chairman Sue P. Everhart for her outstanding achievements; and for other purposes.
The following members were recognized during the period of Evening Orders and addressed the House:
Representatives Holt of the 112th and Black of the 174th.
The following communications were received:
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
20 February 2013
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Ann Purcell was elected as the member of the State Transportation Board from the 1st Congressional District. She will serve for a term expiring April 15, 2017. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,
Respectfully,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd Enclosures

MONDAY, FEBRUARY 25, 2013

1187

cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable David Shafer Honorable Ann Purcell Honorable Ron Stephens Honorable Mickie Stephens Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Ann Purcell has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 1st Congressional District for a term expiring April 15, 2017.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

CERTIFICATION OF CAUCUS ELECTION

Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 6, 2013 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Ann Purcell was elected as the member of

1188

JOURNAL OF THE HOUSE

the State Transportation Board from the 1st Congressional District to serve a term expiring April 15, 2017.
Respectfully submitted,

/s/ Ron Stephens Honorable Ron Stephens Representative, District 164 CHAIRMAN
/s/ Mickey Stephens Honorable Mickey Stephens Representative, District 165 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
20 February 2013
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Johnny Floyd was elected as the member of the State Transportation Board from the 2nd Congressional District. He will serve for a term expiring April 15, 2018. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,
Respectfully,
/s/ Wayne R. Allen Legislative Counsel

MONDAY, FEBRUARY 25, 2013

1189

WRA:dd Enclosures

cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable David Shafer Honorable Johnny Floyd Honorable Calvin Smyre Honorable Debbie Buckner Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Johnny Floyd has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 2nd Congressional District for a term expiring April 15, 2018.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

CERTIFICATION OF CAUCUS ELECTION

1190

JOURNAL OF THE HOUSE

Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 6, 2013 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Johnny Floyd was elected as the member of the State Transportation Board from the 1st Congressional District to serve a term expiring April 15, 2018.
Respectfully submitted,
/s/ Calvin Smyre Honorable Calvin Smyre Representative, District 135 CHAIRMAN
/s/ Debbie Buckner Honorable Debbie Buckner Representative, District 137 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
20 February 2013
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Stacy Key was elected as the member of the State Transportation Board from the 5th Congressional District. She will serve for a term expiring April 15, 2018. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,
Respectfully,

MONDAY, FEBRUARY 25, 2013

1191

/s/ Wayne R. Allen Legislative Counsel

WRA:dd Enclosures

cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable David Shafer Honorable Stacy Key Honorable Virgil Fludd Honorable Horacena Tate Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Stacy Key has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 5th Congressional District for a term expiring April 15, 2018.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

1192

JOURNAL OF THE HOUSE

CERTIFICATION OF CAUCUS ELECTION
Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 7, 2013 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Stacy Key was elected as the member of the State Transportation Board from the 5th Congressional District to serve a term expiring April 15, 2018.
Respectfully submitted,
/s/ Virgil Fludd Honorable Virgil Fludd Representative, District 64 CHAIRMAN
/s/ Horacena Tate Honorable Horacena Tate Senator, District 38 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
20 February 2013
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Dan Moody was elected as the member of the State Transportation Board from the 6th Congressional District. He will serve for a term expiring April 15, 2014. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,

MONDAY, FEBRUARY 25, 2013

1193

Respectfully,
/s/ Wayne R. Allen Legislative Counsel

WRA:dd Enclosures
cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable David Shafer Honorable Dan Moody Honorable Jan Jones Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Dan Moody has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 6th Congressional District for a term expiring April 15, 2014.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

1194

JOURNAL OF THE HOUSE

CERTIFICATION OF CAUCUS ELECTION
Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 7, 2013 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dan Moody was elected as the member of the State Transportation Board from the 6th Congressional District to serve a term expiring April 15, 2014.
Respectfully submitted,
/s/ David Shafer Honorable David Shafer Senator, District 48 CHAIRMAN
/s/ Jan Jones Honorable Jan Jones Representative, District 47 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
20 February 2013
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Emily Dunn was elected as the member of the State Transportation Board from the 9th Congressional District. She will serve for a term expiring April 15, 2018. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,

MONDAY, FEBRUARY 25, 2013

1195

Respectfully,
/s/ Wayne R. Allen Legislative Counsel

WRA:dd Enclosures
cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable David Shafer Honorable Emily Dunn Honorable Regina Quick Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Emily Dunn has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 9th Congressional District for a term expiring April 15, 2018.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR
/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

1196

JOURNAL OF THE HOUSE

CERTIFICATION OF CAUCUS ELECTION
Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 12, 2013 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Emily Dunn was elected as the member of the State Transportation Board from the 9th Congressional District to serve a term expiring April 15, 2018.
Respectfully submitted,
/s/ David Ralston Honorable David Ralston Representative, District 7 CHAIRMAN
/s/ Regina Quick Honorable Regina Quick Representative, District 117 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
20 February 2013
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Jamie Boswell was elected as the member of the State Transportation Board from the 10th Congressional District. He will serve for a term expiring April 15, 2018. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,

MONDAY, FEBRUARY 25, 2013

1197

Respectfully,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd Enclosures

cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable David Shafer Honorable Jamie Boswell Honorable Ben Harbin Honorable Regina Quick Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Jamie Boswell has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 10th Congressional District for a term expiring April 15, 2018.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

1198

JOURNAL OF THE HOUSE

CERTIFICATION OF CAUCUS ELECTION
Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 12, 2013 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jamie Boswell was elected as the member of the State Transportation Board from the 10th Congressional District to serve a term expiring April 15, 2018.
Respectfully submitted,
/s/ Ben Harbin Honorable Ben Harbin Representative, District 122 CHAIRMAN
/s/ Regina Quick Honorable Regina Quick Representative, District 117 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
20 February 2013
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Dana Lemon was elected as the member of the State Transportation Board from the 13th Congressional District. She will serve for a term expiring April 15, 2018. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,

MONDAY, FEBRUARY 25, 2013

1199

Respectfully,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd Enclosures

cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable David Shafer Honorable Dana Lemon Honorable Alicia Thomas Morgan Honorable Sandra Scott Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Dana Lemon has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 13th Congressional District for a term expiring April 15, 2018.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

1200

JOURNAL OF THE HOUSE

CERTIFICATION OF CAUCUS ELECTION
Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 7, 2013 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dana Lemon was elected as the member of the State Transportation Board from the 13th Congressional District to serve a term expiring April 15, 2018.
Respectfully submitted,
/s/ Alisha T. Morgan Honorable Alisha Thomas Morgan Representative, District 39 CHAIRMAN
/s/ Sandra Scott Honorable Sandra Scott Representative, District 76 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
20 February 2013
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Roger Williams was elected as the member of the State Transportation Board from the 14th Congressional District. He will serve for a term expiring April 15, 2018. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,

MONDAY, FEBRUARY 25, 2013

1201

Respectfully,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd Enclosures

cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable David Shafer Honorable Roger Williams Honorable John Meadows Honorable Jeff Mullis Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Roger Williams has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 14th Congressional District for a term expiring April 15, 2018.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

1202

JOURNAL OF THE HOUSE

CERTIFICATION OF CAUCUS ELECTION
Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 12, 2013 in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Roger Williams was elected as the member of the State Transportation Board from the 14th Congressional District to serve a term expiring April 15, 2018.
Respectfully submitted,
/s/ John Meadows Honorable John Meadows Representative, District 5 CHAIRMAN
/s/ Jeff Mullis Honorable Jeff Mullis Representative, District 53 SECRETARY
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 26, 2013

1203

Representative Hall, Atlanta, Georgia

Tuesday, February 26, 2013

Twenty-Fourth Legislative Day

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

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

E Alexander Allison
E Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce
E Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, V Coleman

Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, J Evans Fleming E Floyd Fludd E Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Houston Howard Hugley Jasperse Jones, J Jones, L Jones, S Jordan E Kaiser Kelley Kendrick Kidd Lindsey Lumsden Mabra Marin Martin Maxwell Mayo

E McCall Meadows Mitchell Morgan
E Mosby Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sheldon

Sims, B Smith, E Smith, L Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. E Thomas, B Turner Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Abrams of the 89th, Clark of the 98th, Epps of the 132nd, Fullerton of the 153rd, Holt of the 112th, Jackson of the 128th, Jacobs of the 80th, Kirby of the

1204

JOURNAL OF THE HOUSE

114th, Morris of the 156th, Ramsey of the 72nd, Sims of the 169th, and Smyre of the 135th.
They wished to be recorded as present.
Prayer was offered by Reverend J. Craig Holmes, Senior Pastor, Gilead Baptist Church, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 466. By Representatives Rogers of the 10th and Gasaway of the 28th:
A BILL to be entitled an Act to provide for a new charter for the City of Cornelia; to provide a general repealer; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

TUESDAY, FEBRUARY 26, 2013

1205

HB 467. By Representative Epps of the 144th:
A BILL to be entitled an Act to provide a new charter for the Town of Danville; to provide for related matters; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 468. By Representatives Jacobs of the 80th, Holcomb of the 81st, Taylor of the 79th, Oliver of the 82nd and Morgan of the 39th:
A BILL to be entitled an Act to amend Code Section 20-2-73 of the Official Code of Georgia Annotated, relating to suspension and removal of local school board members under certain circumstances, so as to prohibit the use of public funds for litigation expenses relating to removal proceedings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 469. By Representatives Smith of the 134th, Smyre of the 135th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that retirement income received as retirement benefits from military service shall not be subject to state income tax; to provide for conditions and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.

1206

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 471. By Representatives Meadows of the 5th and Jasperse of the 11th:
A BILL to be entitled an Act to authorize the governing authority of the City of Calhoun to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 472. By Representatives Meadows of the 5th and Jasperse of the 11th:
A BILL to be entitled an Act to authorize the governing authority of Gordon County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 473. By Representatives Welch of the 110th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and municipal corporations, so as to add the option of fiscal year contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 474. By Representatives Willard of the 51st, Ehrhart of the 36th, Lindsey of the 54th, Weldon of the 3rd, Powell of the 171st and others:
A BILL to be entitled an Act to amend Code Section 44-10-29 of the Official Code of Georgia Annotated, relating to changes or uses not prohibited by historic preservation provisions, so as to clarify additional uses which are not prohibited by historic preservation laws; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 26, 2013

1207

HB 476. By Representatives Williams of the 168th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 477. By Representatives Powell of the 171st, Maxwell of the 17th, Lindsey of the 54th and Golick of the 40th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for the transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia; to provide for the transfer of funds; to provide for the payment for creditable service in the Employees' Retirement System of Georgia for prior service as a member of the Georgia Judicial Retirement System; to provide for conditions and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 478. By Representatives Powell of the 171st, Neal of the 2nd, Greene of the 151st and Golick of the 40th:
A BILL to be entitled an Act to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, so as to define terms applicable to issuing medical reprieves to entirely incapacitated persons suffering a progressively debilitating terminal illness; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 479. By Representatives Dudgeon of the 25th, Hamilton of the 24th, Tanner of the 9th, Duncan of the 26th and Hill of the 22nd:

1208

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3783), so as to change the compensation of the chairperson and members of the board; to remove compensation for per diem expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 480. By Representatives Ballinger of the 23rd, Caldwell of the 131st, Pak of the 108th, Sheldon of the 104th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to persons allowed to be present in a courtroom when a person under the age of 16 testifies concerning a sex offense, so as to add victim assistance personnel to the list of persons who may be present in a courtroom when a person under the age of 16 testifies concerning a sex offense; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 481. By Representatives Neal of the 2nd, Kirby of the 114th, Taylor of the 173rd, England of the 116th, Sheldon of the 104th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide for a short title; to provide for definitions; to provide that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm; to provide that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro hybrid human-animal embryo; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 482. By Representatives Neal of the 2nd, Hill of the 22nd, Greene of the 151st, Dunahoo of the 30th, Kidd of the 145th and others:

TUESDAY, FEBRUARY 26, 2013

1209

A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board of Corrections and the Department of Corrections, so as to provide that employees of the Department of Corrections serving as certified peace officers may retain their weapons under certain circumstances; to authorize the Board of Corrections to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 483. By Representatives Neal of the 2nd, Ramsey of the 72nd, Tankersley of the 160th, Abrams of the 89th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment for repeat offenders, so as to change provisions relating to ineligibility for parole under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 484. By Representative Williamson of the 115th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to provide for the jurisdiction of the municipal court; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 485. By Representative Hatchett of the 150th:
A BILL to be entitled an Act to amend an Act to establish the City Court of Soperton (now known as the State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, so as to change the salary of the judge and solicitor; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 486. By Representatives Taylor of the 79th, Jacobs of the 80th, Riley of the 50th, Wilkinson of the 52nd, Dudgeon of the 25th and others:

1210

JOURNAL OF THE HOUSE

A RESOLUTION proposing an amendment to the Constitution so as to authorize any municipality created on or after January 1, 2005, and any municipality which is contiguous to a municipality created on or after January 1, 2005, irrespective of whether such municipalities may be in different counties, to establish individually or collectively by local law an independent school system; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Education.
HR 487. By Representative Ralston of the 7th:
A RESOLUTION honoring the life of Trooper Clyde Arthur Wehunt and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 502. By Representatives Tanner of the 9th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others:
A RESOLUTION creating the Joint Study Committee on Mental Health and School Violence; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 503. By Representative Kirby of the 114th:
A RESOLUTION honoring the life of Major W. David Gray and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:
HB 486. By Representatives Roberts of the 155th, Nimmer of the 178th, Burns of the 159th, Watson of the 172nd, Shaw of the 176th 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of

TUESDAY, FEBRUARY 26, 2013

1211

annual commercial wrecker emergency tow permits; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

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

HB 18 HB 454 HB 456 HB 458 HB 460 HB 462 HB 464 HB 475 SB 83

HB 20 HB 455 HB 457 HB 459 HB 461 HB 463 HB 465 HR 485 SB 100

Representative Wilkinson of the 52nd District, Chairman of the Committee on Ethics, submitted the following report:

Mr. Speaker:

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

HB 310 Do Pass, by Substitute

Respectfully submitted, /s/ Wilkinson of the 52nd
Chairman

Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

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

HB 192 Do Pass, by Substitute

1212

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Cooper of the 43rd
Chairman

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

Mr. Speaker:

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

HB 431 HB 440 HB 450

Do Pass Do Pass Do Pass

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

Representative Weldon of the 3rd District, Chairman of the Committee on Juvenile Justice, submitted the following report:

Mr. Speaker:

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

HB 21 Do Pass, by Substitute HB 446 Do Pass

Respectfully submitted, /s/ Weldon of the 3rd
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 232 Do Pass HR 390 Do Pass

TUESDAY, FEBRUARY 26, 2013

1213

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 26, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 287 HB 320 HB 338

Secretary of State, Office of; Division of Archives and History; reassign to Board of Regents of University System of Georgia (Substitute)(GAffHatchett-150th) Solid waste management; currently existing and compliant inert waste landfill operations from regulatory permitting; exempt (Substitute)(NR&EHarden-148th) Georgia Council for the Arts; role of arts in economic development and other vital functions to the state; clarify (Substitute)(ED&T-Wilkinson52nd)

Modified Structured Rule

None

Structured Rule

HB 266

Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate (Substitute)(W&M-Peake-141st)

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

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

1214

JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 431. By Representative Dickey of the 140th:
A BILL to be entitled an Act to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 188687, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), and an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), so as to provide for elections and terms of members of the city council; to change the election of councilmembers from district to atlarge; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 440. By Representatives Watson of the 172nd and Houston of the 170th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Ellenton, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3073), so as to change certain provisions relating to the election and powers of city councilmembers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 450. By Representatives Ballinger of the 23rd, Hill of the 22nd, Caldwell of the 20th and Turner of the 21st:
A BILL to be entitled an Act to amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), 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 said technology fees may be put; to provide for automatic repeal; 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.

TUESDAY, FEBRUARY 26, 2013

1215

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 Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England
Epps, C Y Epps, J Y Evans Y Fleming E Floyd Y Fludd E Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan E Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E McCall Meadows
Y Mitchell Y Morgan
Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw
Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 154, nays 0.

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

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

Mr. Speaker:

1216

JOURNAL OF THE HOUSE

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 61. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change the short title; to provide for definitions; to change the due date for monthly rental payments; to provide procedures for sending notice of default; to provide for print or electronic publication of notice of public sale of property; to provide for limitations on an owner's liability; to provide for towing of motor vehicles and watercraft; to provide for delay in filing an owner's lien if an occupant is deployed overseas by the armed services; to exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 70. By Senators Gooch of the 51st, Hill of the 32nd, Beach of the 21st, Mullis of the 53rd, Chance of the 16th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract generally, so as to change the type of projects eligible for design-build contracts and the procurement process for such contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 72. By Senators Stone of the 23rd, Ligon, Jr. of the 3rd, Miller of the 49th and Bethel of the 54th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative provisions, so as to change certain provisions regarding the rate of interest to be paid for refunds and on past due taxes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 82. By Senators Gooch of the 51st, Miller of the 49th, Murphy of the 27th, Cowsert of the 46th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to change designations from North Georgia College to the University of North Georgia; to designate the University of North

TUESDAY, FEBRUARY 26, 2013

1217

Georgia as the senior military college of Georgia; to repeal conflicting laws; and for other purposes.
SB 120. By Senators Crosby of the 13th, Stone of the 23rd, Jackson of the 24th, Cowsert of the 46th and Bethel of the 54th:
A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 125. By Senators Stone of the 23rd and Gooch of the 51st:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, so as to codify the duty of a possessor of land to a trespasser against harm; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 182. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 183. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes.

1218

JOURNAL OF THE HOUSE

HB 57. By Representatives Ramsey of the 72nd, Golick of the 40th, Cooke of the 18th, Hightower of the 68th, Gravley of the 67th and others:
A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to expand the definition of Schedule I controlled substances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 319. By Representatives Beasley-Teague of the 65th and Fludd of the 64th:
A BILL to be entitled an Act to authorize the City of Fairburn to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 321. By Representatives Beasley-Teague of the 65th and Fludd of the 64th:
A BILL to be entitled an Act to amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to remove the millage caps on ad valorem taxation of real and personal property; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 61. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change the short title; to provide for definitions; to change the due date for monthly rental payments; to provide procedures for sending notice of default; to provide for print or electronic publication of notice of public sale of property; to provide for limitations on an owner's liability; to provide for towing of motor vehicles and watercraft; to provide for delay in filing an owner's lien if an occupant is deployed overseas by the armed services; to exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 26, 2013

1219

SB 70.

By Senators Gooch of the 51st, Hill of the 32nd, Beach of the 21st, Mullis of the 53rd, Chance of the 16th and others:

A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract generally, so as to change the type of projects eligible for design-build contracts and the procurement process for such contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 72.

By Senators Stone of the 23rd, Ligon, Jr. of the 3rd, Miller of the 49th and Bethel of the 54th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative provisions, so as to change certain provisions regarding the rate of interest to be paid for refunds and on past due taxes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 82.

By Senators Gooch of the 51st, Miller of the 49th, Murphy of the 27th, Cowsert of the 46th, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to change designations from North Georgia College to the University of North Georgia; to designate the University of North Georgia as the senior military college of Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SB 120. By Senators Crosby of the 13th, Stone of the 23rd, Jackson of the 24th, Cowsert of the 46th and Bethel of the 54th:

A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of

1220

JOURNAL OF THE HOUSE

staff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 125. By Senators Stone of the 23rd and Gooch of the 51st:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, so as to codify the duty of a possessor of land to a trespasser against harm; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 182. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 183. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:

TUESDAY, FEBRUARY 26, 2013

1221

Representatives Stephens of the 164th, Sharper of the 177th, Weldon of the 3rd, Benton of the 31st, Frazier of the 126th, Smith of the 70th, Braddock of the 19th, and Glanton of the 75th.
Pursuant to HR 393, the House commended Ms. Lin Seahorn and invited her to appear before the House of Representatives.
Pursuant to HR 394, the House recognized Montlick & Associates and invited its team members to appear before the House of Representatives.
Pursuant to HR 395, the House commended Edward Earl Reed, Jr., and invited him to appear before the House of Representatives.
Pursuant to HR 43, the House congratulated the Jefferson High School Dragons on their Class AA Football State Championship win and invited the team and coaches to be recognized by the House of Representatives.
Pursuant to HR 233, the House recognized February 26, 2013, as Macon Day at the state capitol and invited citizens and public officials from Macon and Bibb County to be recognized by the House of Representatives.
The Speaker assumed the Chair.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Industry and Labor:
HB 393. By Representatives Hamilton of the 24th, Lindsey of the 54th, Carter of the 175th, Hatchett of the 150th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 34 of the O.C.G.A., relating to the Georgia Workforce Investment Board, so as to provide a short title; to provide definitions; to provide for powers and duties of the Georgia Workforce Investment Board; to provide for its meetings and chairperson; to provide for certain priorities of service; to provide for local workforce investment areas; to provide for local workforce investment boards and their composition, officers, meetings, powers, duties, and immunities; to provide for certification and funding and budgets; to provide for contracts and limitations with regard thereto; to provide for sanctions for nonperformance and lack of fiscal responsibility; to provide for the delivery of certain services and limitations thereon; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1222

JOURNAL OF THE HOUSE

By unanimous consent, the following Bill of the House was postponed until tomorrow:
HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others:
A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 338. By Representatives Wilkinson of the 52nd, Stephens of the 164th, Abrams of the 89th, Parrish of the 158th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to clarify the role of arts in economic development and other vital functions to the state; to provide for membership changes; to provide for meetings; to provide for responsibilities; 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 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to clarify the role of arts in economic development and other vital functions to the state; to provide for membership changes; to provide for meetings; to provide for responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 26, 2013

1223

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, is amended by revising Code Section 50-12-20, relating to legislative findings and declaration of public policy, as follows:
"50-12-20. The General Assembly finds that the general welfare of the people of the this state will be promoted by giving recognition to the arts as a vital part of our culture and heritage; that with increasing leisure time, the practice and enjoyment of the arts are of increasing importance; and that many of our citizens lack the opportunity to view, enjoy, or participate in live theatrical performances, film making, photography, music, opera, dance, art exhibits, examples of fine architecture, and the performing and visual arts. The General Assembly finds that many of our citizens possess talents of an artistic and creative nature which are not currently utilized to the fullest extent; that broadened activity in the arts will increase employment in the state by encouraging additional cultural activity throughout the this state, thus utilizing the talents and abilities of many more citizens; and that the standards of artistic performance will be further improved by continuing encouragement and support and economic development. The arts industry fuels cultural heritage tourism, the fastest growing segment of tourism; is a catalyst for community revitalization, boosting local economies; fuels arts education in our schools, which prepares students to be entrepreneurial, critical thinkers; and spurs innovation, helping industries to become more competitive in a global marketplace. The General Assembly, therefore, declares it to be the public policy of this state to encourage the development of the arts."
SECTION 2. Said article is further amended by revising Code Section 50-12-21, relating to the creation of the council, as follows:
"50-12-21. There is created an arts council to be known as the 'Georgia Council for the Arts,' hereinafter referred to as the council. The council is created as an advisory body."
SECTION 3. Said article is further amended by revising Code Section 50-12-22, relating to appointment of members, terms, vacancies, expenses, removal, chairman, and meetings, as follows:
"50-12-22. (a) The council shall consist of two members from each congressional district and four members representing the state at large who shall be appointed by the Governor. All members shall have demonstrated an interest in the arts. Except for certain members who were appointed in 1979, the term of office of each member shall be three years. In 1979, eight members were appointed for terms of office of one year, eight members for

1224

JOURNAL OF THE HOUSE

terms of two years, and eight members for terms of three years. The initial appointments were made so that no more than one member from each congressional district or two state-at-large members' terms of office would expire in any one year. Vacancies shall be filled for unexpired terms in the same manner as the original appointment. Membership on the council shall be limited to two successive three-year terms, and a member may be reappointed after a lapse of one year. No member initially appointed to one-year or two-year terms of office shall be prohibited from serving two consecutive three-year terms of office. The council shall consist of nine members who shall be appointed by the Governor. Councilmembers shall serve two three-year terms. The Governor shall fill any vacancies for unexpired terms. In addition to the nine members appointed by the Governor pursuant to this subsection, the Governor shall appoint two ex officio members from the General Assembly. (b) With regards to the composition of the council:
(1) The council shall be broadly representative of the major fields of the arts and related creative industries; (2) The council should be a balanced representation of the entire state, accounting for, but not limited to, minority and ethnic groups, gender diversity, geographic diversity, large and small organizations, and the public and private sectors; (3) Councilmembers shall be appointed from among private citizens who are widely known for their competence and experience in connection with the arts and related creative industries, as well as their knowledge of community and state interests; and (4) Consideration shall be given to recommendations for membership made by persons or organizations involved in civic, educational, business, labor, professional, cultural, ethnic, and performing and creative arts fields, as well as those with knowledge of community and state interests. (b)(c) Members shall be entitled to reimbursement for expenses incurred in the work of the council when authorized in advance by the commissioner of economic development. (c)(d) Active and continuing participation by members of the council is needed. Any member who fails to attend three regularly scheduled, consecutive meetings may be removed by the council. (d)(e) A chairman chairperson shall be appointed annually by the Governor for a term ending on June 30 of the year following such appointment. The chairperson shall be a person widely recognized for his or her knowledge, experience, and interest in the arts industry, as well as his or her knowledge of community and state interests. (e)(f) The council shall meet annually, or more often, on upon the call of the chairman. chairperson, but not less often than twice during each fiscal year. A majority of the members appointed to the council shall constitute a quorum."
SECTION 4. Said article is further amended by revising Code Section 50-12-23, relating to powers and duties, as follows:

TUESDAY, FEBRUARY 26, 2013

1225

"50-12-23. The council shall advise the Governor through the Department of Economic Development concerning methods and programs to:
(1) Stimulate and encourage the study and development of the arts as well as public interest and participation therein; (2) Encourage public interest in the cultural heritage of this state; (3) Expand this state's cultural resources; (4) Encourage and assist freedom of artistic expression essential for the well-being of the arts; (5) Assist the communities and organizations within this state in originating and creating their own cultural and artistic programs; and (6) Survey public and private institutions engaged within this state in cultural activities, including, but not limited to, architecture, dance, folk arts and applied arts and crafts, literature, music, painting, photography, sculpture, and theater. Advance the arts in education, tourism, community development, and economic development in Georgia; (7) Assist local governments and communities within this state to plan, build, and connect the arts to their tourism, community, and economic development initiatives; (8) Establish standards and procedures and advisory committees as necessary to support the director and staff in furthering the objectives of the council's programs; and (9) Seek and receive the views of all levels of government and the private and nonprofit sectors with respect to state programs and policies for the promotion and assistance of the arts industry."

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 Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes

E McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland

1226

JOURNAL OF THE HOUSE

Y Benton Y Beverly Y Black
Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan E Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 2.

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

HB 320. By Representatives Harden of the 148th, Smith of the 70th, Tankersley of the 160th, Riley of the 50th, Williams of the 119th and others:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to categorically exempt currently existing and compliant inert waste landfill operations from regulatory permitting; to provide for additional permitting exemptions; to delete a cross-reference; to revise civil penalty provisions; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; 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:

TUESDAY, FEBRUARY 26, 2013

1227

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 exempt certain compliant inert waste landfill operations from additional regulatory permitting; to provide for additional permitting exemptions; to delete a cross-reference; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; 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 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 12-8-24, relating to permits for solid waste handling activities, by adding a new subsection to read as follows:
"(k) Any inert waste landfill operation which, as of January 1, 2014, has been certified by a professional engineer registered in accordance with Chapter 15 of Title 43 as being in full compliance with all permit by rule requirements established in the rules and regulations of the division as they existed on January 1, 2012, may continue to operate under such permit by rule requirements."
SECTION 2. Said part is further amended by revising Code Section 12-8-27, which is reserved, as follows:
"12-8-27. Any landfill receiving only inert waste and which has a total capacity of 250 cubic yards or less shall be exempt from all permitting requirements under this part so long as such landfill is at least 100 feet from any property line or enclosed structure. Reserved."
SECTION 3. Said part is further amended in Code Section 12-8-27.1, relating to the solid waste trust fund, by revising subsection (a) as follows:
"(a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-27, and Code Section Sections 12-8-30.6, and Code Section 12-8-40.1 may be expended by the director, with the approval of the board, for the following purposes:

1228

JOURNAL OF THE HOUSE

(1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility; (2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; (3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to the identity or solvency of the owner thereof, commencing five years after the date of completing closure; and (4) To take such actions as may be necessary to implement the provisions of a scrap tire management program in this state, particularly as may be related to the cleanup of scrap tire disposal piles and facilities, regulation of scrap tire carriers and other handlers, and disbursement of grants and loans to cities, counties, and other persons as may be necessary to implement fully the provisions of this part."
SECTION 4. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, is amended by revising paragraph (5) of subsection (c) as follows:
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 1998 2013."
SECTION 5. This Act shall become effective on July 1, 2013.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Harrell of the 106th was excused from voting on HB 320.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 26, 2013

1229

Y Abrams E Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell N Bennett Y Bentley Y Benton Y Beverly Y Black
Braddock Y Broadrick Y Brockway
Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan E Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris N Mosby
Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 8.

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

HB 266. By Representative Peake of the 141st:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an

1230

JOURNAL OF THE HOUSE

effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to clarify that any tax credits earned for qualified research expenses under Code Section 48-7-40.12 in any taxable year beginning before January 1, 2012, and any carryforward attributable thereto, are governed by such Code section in effect for the taxable year in which the credit was earned; to change the definition of energy used in agriculture; to provide for dealers to elect between manufacturing and agricultural exemptions; to place a good faith standard on a seller regarding exemptions from taxation; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, 2011 2012, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2012 January 3, 2013, except that Section 85(c), Section 108(i), Section 163(e)(5)(F) Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009

TUESDAY, FEBRUARY 26, 2013

1231

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, shall be $250,000.00 for tax years beginning in 2012, and shall be $250,000.00 for tax years beginning in 2013, 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, shall be $800,000.00 for tax years beginning in 2012, and shall be $800,000.00 for tax years beginning in 2013, and provided that Section 1106 of federal Public Law 112-95 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2013)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2013),' and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95. 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, 2012 January 3, 2013, 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, 2011 2012, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2012 January 3, 2013, 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 48-7-40.12, relating to tax credits for qualified research expenses, by adding a new subsection to read as follows:
"(f) Any credit earned under this Code section in any taxable year beginning before January 1, 2012, and any credit carryforward attributable thereto, shall be governed by this Code section as in effect for the taxable year in which such credit was earned, including, but not limited to, when determining whether such credit or any credit carryforward may be taken as a credit against the taxpayer's quarterly or monthly payments under Code Section 48-7-103."
SECTION 3. Said title is further amended by revising paragraph (4) of subsection (a) and adding a new subsection to Code Section 48-8-3.3, relating to an exemption from state sales and use taxes for certain agricultural inputs and machinery, to read as follows:
"(4) 'Energy used in agriculture' means fuels used for agricultural purposes, including, but purposes, other than fuels subject to prepaid state tax as defined in Code Section 48-8-2. The term includes, but is not limited to, off-road diesel, propane, butane, electricity, natural gas, wood, wood products, or wood by-products;

1232

JOURNAL OF THE HOUSE

liquefied petroleum gas or other fuel used in structures in which broilers, pullets, or other poultry are raised, in which swine are raised, in which dairy animals are raised or milked or where dairy products are stored on a farm, in which agricultural products are stored, and in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of agricultural products; and electricity or other fuel used in the drying, cooking, or further processing of raw agricultural products, including, but not limited to, food processing of raw agricultural products." "(f) A dealer that performs both manufacturing and agricultural operations at a single place of business may avail itself of the exemptions under either Code Section 48-8-3.2 or this Code section, but not both, for that place of business in any one calendar year."
SECTION 4. Said title is further amended by revising Code Section 48-8-38, relating to the burden of proof on the seller as to taxability, as follows:
"48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is shall be upon the person who makes the sale unless such person, in good faith, takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise tax exempt. (b) The certificate relieves the seller from the burden of proof as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate taken in good faith. A properly completed certificate taken in good faith means a seller shall obtain a certificate:
(1) That is fully completed, including, but not limited to, the name, address, sales tax number, and signature of the taxpayer when required; (2) In a form appropriate for the type of exemption claimed; (3) Claiming an exemption that was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (4) Claiming an exemption that could be applicable to the item being purchased; and (5) Claiming an exemption that is reasonable for the purchaser's type of business. (c) The certificate relieves the seller from the burden of proof on sales for resale as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate, taken in good faith, from a purchaser who: (1) Is engaged in the business of selling tangible personal property; (2) Has a valid sales tax registration number at the time of purchase and has listed his or her sales tax number on the certificate; and (3) At the time of purchasing the tangible personal property, the seller has no reason to believe that the purchaser does not intend to resell it in his or her regular course of business.

TUESDAY, FEBRUARY 26, 2013

1233

(c)(d) The certificate shall include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (d) A purchaser claiming an exemption electronically shall use the standard form as adopted by the Streamlined Sales Tax Governing Board. (e) A seller shall obtain the same information for proof of a claimed exemption regardless of the medium in which the transaction occurred. (f) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a fully completed exemption certificate approved by the Streamlined Sales Tax Governing Board, the department, or the Multistate Tax Commission or captures the relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale. If the seller has not obtained a fully completed exemption certificate or all relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale, the department shall provide the seller with 120 days subsequent to a request for substantiation to either:
(1) Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtain a certificate that claims an exemption that:
(A) Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (B) Could be applicable to the item being purchased; and (C) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that the transaction was not subject to the tax. (g) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a blanket exemption certificate from a purchaser with which the seller has a recurring business relationship."
SECTION 5. (a) This section and Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 1 shall be applicable to all taxable years beginning on or after January 1, 2012, except the provisions in Section 1 relating to Section 1106 of federal Public Law 112-95 shall also apply to taxable years beginning before January 1, 2012. (b) Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2012. (c) Sections 3, 4, and 6 of 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.

1234

JOURNAL OF THE HOUSE

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

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

Y Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan E Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E 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.

Representative Martin of the 49th moved that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Banks & Banking:

TUESDAY, FEBRUARY 26, 2013

1235

HB 465. By Representatives Martin of the 49th, Morris of the 156th, Williamson of the 115th and Kelley of the 16th:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to repeal Chapter 5, relating to debt adjustment; to enact a new Chapter 5, relating to debt management services; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 504. By Representatives Neal of the 2nd and Deffenbaugh of the 1st:
A RESOLUTION recognizing the Gordon Lee Memorial High School Lady Trojan softball team and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 505. By Representatives Willard of the 51st, Lindsey of the 54th, Wilkinson of the 52nd and Jacobs of the 80th:
A RESOLUTION recognizing and commending the Sandy Springs Bar Association and inviting members to be recognized by the House of Representatives; and for other purposes.
HR 506. By Representative Dollar of the 45th:
A RESOLUTION congratulating the Pope High School Wrestling team and inviting them to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 232. By Representatives Tanner of the 9th and Ralston of the 7th:
A RESOLUTION congratulating Bradley Weaver on winning the American Star in Agribusiness Award and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 390. By Representatives Rogers of the 10th, Hawkins of the 27th and Allison of the 8th:

1236

JOURNAL OF THE HOUSE

A RESOLUTION commending the White County Color and Honor Guard and inviting its members to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 507. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:

A RESOLUTION recognizing and commending W. Scott Bohlke, M.D.; and for other purposes.

HR 508. By Representative Sims of the 169th:

A RESOLUTION congratulating Jessica Anne Coker and Jonathan Hugh Bagwell on the occasion of their wedding; and for other purposes.

HR 509. By Representatives Clark of the 98th, Clark of the 101st, Coleman of the 97th, Casas of the 107th, Chandler of the 105th and others:

A RESOLUTION recognizing and commending Emily Acevedo, Sycamore Elementary School's Teacher of the Year; and for other purposes.

HR 510. By Representatives Harden of the 148th, Smith of the 70th, Burns of the 159th, England of the 116th, Williams of the 119th and others:

A RESOLUTION honoring the life and memory of Mr. James Dillard McCall; and for other purposes.

The Speaker Pro Tem assumed the Chair.

Representative England of the 116th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

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

HB 45 HR 73

Do Pass Do Pass

HB 127 Do Pass HR 107 Do Pass, by Substitute

TUESDAY, FEBRUARY 26, 2013

1237

Respectfully submitted, /s/ England of the 116th
Chairman

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

Mr. Speaker:

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

HB 245 HB 327 HB 354

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

HB 284 HB 337 HR 218

Do Pass, by Substitute Do Pass Do Pass

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

Representative Burns of the 159th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

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

HB 36 HB 189 HB 207

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

Respectfully submitted, /s/ Burns of the 159th
Chairman

Representative Rogers of the 29th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

1238

JOURNAL OF THE HOUSE

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

HB 131 Do Pass, by Substitute HB 324 Do Pass

Respectfully submitted, /s/ Rogers of the 29th
Chairman

Representative Hamilton of the 24th District, Chairman of the Committee on Industry and Labor, submitted the following report:

Mr. Speaker:

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

HB 393 Do Pass, by Substitute

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

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 78 HB 139 HB 437 HB 451

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

HB 94 HB 150 HB 441

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

Respectfully submitted, /s/ Willard of the 51st
Chairman

TUESDAY, FEBRUARY 26, 2013

1239

Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 366 Do Pass
Respectfully submitted, /s/ Powell of the 32nd
Chairman
Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 34 Do Pass
Respectfully submitted, /s/ Channell of the 120th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker Pro Tem announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

1240

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Wednesday, February 27, 2013

Twenty-Fifth 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 Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bennett Bentley Benton Beverly Black Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V Coleman

Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene

Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower E Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson E Jacobs Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Lindsey Lumsden Mabra Marin Maxwell

E Mayo McCall Meadows Mitchell Morgan Morris Mosby Murphy Nimmer Nix Oliver Pak Parrish Parsons Peake Pezold Powell, A Powell, J Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sheldon Sims, B

Smith, E Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. E Thomas, B Turner Waites Watson, B Watson, S Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Bell of the 58th, Jordan of the 77th, Knight of the 130th, Neal of the 2nd, O`Neal of the 146th, Pruett of the 149th, and Setzler of the 35th.

WEDNESDAY, FEBRUARY 27, 2013

1241

They wished to be recorded as present.
Prayer was offered by Bishop George Moxley, Senior Pastor, Unity Church of God, Jesup, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives Coverdell Legislative Office Building
Room 409 Atlanta, Georgia 30334
February 26, 2013
Mr. Robbie Rivers Clerk of the House 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
On Friday, February 22, 2013 I was absent from the House and my machine was locked (E). On Monday, February 25, 2013 I was present but my machine was locked and I want to be recorded as voting "yes" for the Local Calendar.
Thank you for your attention to this matter.
Sincerely,
/s/ Calvin Smyre
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1242

JOURNAL OF THE HOUSE

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 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 488. By Representatives Hitchens of the 161st, Houston of the 170th, Burns of the 159th, Powell of the 32nd, Roberts of the 155th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to responsible dog ownership, so as to modify provisions relating to dangerous dogs; to provide that a court order shall not be required where an owner of a dangerous dog voluntarily relinquishes custody of such dog; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 489. By Representatives Nix of the 69th and Epps of the 132nd:
A BILL to be entitled an Act to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, election of such options,

WEDNESDAY, FEBRUARY 27, 2013

1243

revocation of election, and effect of divorce, so as to provide that where the person designated to receive a survivor's benefit is a spouse or former spouse, and where such person remarries, the member may revoke such option; to provide that such member may elect another option; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 490. By Representatives Barr of the 103rd, Casas of the 107th, Rogers of the 29th, Ramsey of the 72nd, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel, so as to expand board authorization to contract with local employers to librarians and other personnel employed by regional and county libraries; to provide for definitions; to provide for related matters; to repeal conflicting laws; for other purposes.
Referred to the Committee on Education.
HB 491. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to jurisdiction of the state, so as to prohibit the closing of certain areas of streets surrounding Capitol Square during the regular session of the General Assembly; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
HB 492. By Representative Roberts of the 155th:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to add a special license plate supporting the Atlanta Braves Foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

1244

JOURNAL OF THE HOUSE

HB 493. By Representatives Rutledge of the 109th, McCall of the 33rd, Harden of the 148th, Knight of the 130th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 2 of the Official Code of Georgia Annotated, relating to commercial feeds, so as to eliminate the requirement for registration of specialty pet foods; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 494. By Representatives Welch of the 110th, Cheokas of the 138th and Pruett of the 149th:
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 provide for the installation of safety markers on utility lines to provide for adequate visual warning in the use of private airstrips; to provide for definitions; to provide for the powers, authority, and duties of the Department of Transportation; to provide for a schedule of installation fees; to impose a penalty; to provide an appeal process; to provide for the promulgation of rules and regulations by the department; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 495. By Representatives Hill of the 22nd, Neal of the 2nd and Greene of the 151st:
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 modify provisions related to conveyances of state property and consideration of conveyances by the General Assembly; to facilitate and increase reliability of state property conveyances; to provide for consideration of conveyances by committees of the General Assembly outside of the regular legislative session; to modify provisions related to public bidding of state property; to authorize the commission to manage the utilization of administrative space by the Georgia Department of Labor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.

WEDNESDAY, FEBRUARY 27, 2013

1245

HB 496. By Representative Allison of the 8th:
A BILL to be entitled an Act to create the Rabun County Water and Sewer Authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 497. By Representatives Tanner of the 9th, Rogers of the 29th, Hamilton of the 24th, Burns of the 159th and Hawkins of the 27th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to revise provisions regarding the numbering and registration of vessels; to revise application procedures and expiration provisions; to revise a provision regarding exclusions and exemptions; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 498. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to authorize the Magistrate Court of Sumter 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 499. By Representatives Sheldon of the 104th, Lindsey of the 54th, Welch of the 110th, Williamson of the 115th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide that payor guidelines and criteria under federal law shall not establish a legal basis for negligence or a standard of care for medical malpractice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

1246

JOURNAL OF THE HOUSE

HR 511. By Representative Pruett of the 149th:
A RESOLUTION honoring the life of Trooper Sergeant Major George W. Harrelson and dedicating a road in his memory; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee:

HR 513. By Representative Rogers of the 29th:
A RESOLUTION dedicating the Lanier Islands Parkway; and for other purposes.
Referred to the Committee on Transportation.

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

HB 466 HB 468 HB 470 HB 472 HB 474 HB 477 HB 479 HB 481 HB 483 HB 485 HR 486 HR 502 SB 61 SB 72 SB 120 SB 182

HB 467 HB 469 HB 471 HB 473 HB 476 HB 478 HB 480 HB 482 HB 484 HB 486 HR 487 HR 503 SB 70 SB 82 SB 125 SB 183

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 414 Do Pass HR 504 Do Pass

WEDNESDAY, FEBRUARY 27, 2013

1247

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 27, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 141
HB 187 HB 252 HB 328 HB 329 HB 384

Kidnapping; certain businesses and establishments post a model notice to enable persons who are the subject of human trafficking to obtain help and services; require (Substitute)(JudyNC-Lindsey-54th) Controlled substances; date of incorporation of local ordinances by reference; change (JudyNC-Dickerson-113th) Athens-Clarke County; chief magistrate judge; provide nonpartisan elections (IGC-Quick-117th) Lowndes County; nonpartisan nomination and election of judge of Probate Court; provide (IGC-Carter-175th) Lowndes County; judge of Small Claims Court shall be magistrate judge elected on nonpartisan basis; provide (IGC-Carter-175th) Transportation, Department of; local governing authority designating public streets or portions thereof for combined use of motorized carts and regular vehicle traffic; modify provisions (Substitute)(Trans-Roberts-155th)

Modified Structured Rule

HB 226 HB 302 HB 315 HB 336

Solid waste management; tire transportation, storage, and disposal; revise certain requirements (Substitute)(NR&E-Nix-69th) Controlled substances; substances included under Schedule I and III; add (Substitute)(JudyNC-Broadrick-4th) Nurses; continuing competency requirements as requirement for license renewal; provide (H&HS-Cooper-43rd) Civil practice; tort claims arising out of use of motor vehicles; provide for certain pre-suit settlement offers (Substitute)(Judy-Powell-171st)

1248

JOURNAL OF THE HOUSE

HR 205

Property; conveyance of certain state owned real property; authorize (SProp-Neal-2nd)

Structured Rule

HB 210

Gasoline and aviation fuel; temporary suspension of the collection of taxes; provide legislative findings (W&M-Nimmer-178th)

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

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

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

Mr. Speaker:

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

SB 68. By Senators Ligon, Jr. of the 3rd, Shafer of the 48th, Albers of the 56th, Loudermilk of the 14th, Miller of the 49th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish Celebrate Freedom Week; to provide for the posting of historical documents; to require the Department of Education to develop online resources and instructional support; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 103. By Senators Golden of the 8th, Shafer of the 48th, Chance of the 16th and Henson of the 41st:

A BILL to be entitled an Act to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of the Technical College System of Georgia, so as to provide for the designation of community colleges; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 27, 2013

1249

SB 105. By Senators Davis of the 22nd and Bethel of the 54th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," so as to provide for a definition; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer when the charitable organization receives such contribution in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 135. By Senators McKoon of the 29th, Miller of the 49th, Gooch of the 51st, Shafer of the 48th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to DNA sampling, collection, and analysis, so as to provide for DNA analysis of persons arrested for felony offenses; to change provisions relating to time and procedure for withdrawal of blood samples; to change provisions relating to expungement of profiles in the data bank; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, and schedule of bails, so as to provide a cross reference for purposes of DNA collections as a condition of bail; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
SB 143. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend Article 1 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Public Retirement Systems Standards Law," so as to provide for the duties of the boards of trustees of public retirement systems; to repeal conflicting laws; and for other purposes.
HB 247. By Representative Battles of the 15th:
A BILL to be entitled an Act to provide a new charter for the City of Emerson; 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 repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

1250

JOURNAL OF THE HOUSE

HB 334. By Representatives Kelley of the 16th and Battles of the 15th:

A BILL to be entitled an Act to provide a new charter for the City of Euharlee; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 68.

By Senators Ligon, Jr. of the 3rd, Shafer of the 48th, Albers of the 56th, Loudermilk of the 14th, Miller of the 49th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish Celebrate Freedom Week; to provide for the posting of historical documents; to require the Department of Education to develop online resources and instructional support; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 103. By Senators Golden of the 8th, Shafer of the 48th, Chance of the 16th and Henson of the 41st:

A BILL to be entitled an Act to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of the Technical College System of Georgia, so as to provide for the designation of community colleges; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SB 105. By Senators Davis of the 22nd and Bethel of the 54th:

A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," so as to provide for a definition; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer when the charitable organization receives such contribution in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 27, 2013

1251

Referred to the Committee on Judiciary.
SB 135. By Senators McKoon of the 29th, Miller of the 49th, Gooch of the 51st, Shafer of the 48th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to DNA sampling, collection, and analysis, so as to provide for DNA analysis of persons arrested for felony offenses; to change provisions relating to time and procedure for withdrawal of blood samples; to change provisions relating to expungement of profiles in the data bank; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, and schedule of bails, so as to provide a cross reference for purposes of DNA collections as a condition of bail; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 143. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend Article 1 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Public Retirement Systems Standards Law," so as to provide for the duties of the boards of trustees of public retirement systems; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Cheokas of the 138th, Gravley of the 67th, Neal of the 2nd, Holmes of the 129th, Allison of the 8th, Williamson of the 15th, Kirby of the 114th, Quick of the 117th, Williams of the 119th, England of the 116th, Deffenbaugh of the 1st, Fludd of the 64th, Mabra of the 63rd, Yates of the 73rd, Ramsey of the 72nd, Bentley of the 139th, Benton of the 31st, and Thomas of the 56th.
Pursuant to HR 232, the House congratulated Bradley Weaver on winning the American Star in Agribusiness Award and invited him to be recognized by the House of Representatives.
Pursuant to HR 474, the House recognized and commended Mr. Reggie Stowers.

1252

JOURNAL OF THE HOUSE

Pursuant to HR 390, the House commended the White County Color and Honor Guard and invited its members to be recognized by the House of Representatives.
Pursuant to HR 117, the House recognized and commended the Valdosta State University football team.
Pursuant to HR 118, the House recognized and commended the Blazers, Valdosta State University's outstanding softball team and 2012 National Champions.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Economic Development & Tourism:
HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th, Dempsey of the 13th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Industry and Labor:
HB 361. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 27, 2013

1253

HB 336. By Representatives Powell of the 171st, Meadows of the 5th, Smith of the 134th, Abrams of the 89th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil practice, so as to provide for certain pre-suit settlement offers and agreements as to tort claims arising out of use of motor vehicles; 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 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil practice, so as to provide for certain presuit settlement offers and agreements as to tort claims arising out of use of motor vehicles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil practice, is amended by adding a new Code section to read as follows:
"9-11-67.1. (a) Prior to the filing of a civil action, any offer to settle a tort claim for personal injury, bodily injury, or death arising from the use of a motor vehicle and prepared by or with the assistance of an attorney on behalf of a claimant or claimants shall be in writing and contain the following material terms:
(1) The time period within which such offer must be accepted, which shall be not less than 30 days from receipt of the offer; (2) Amount of monetary payment; (3) The party or parties the claimant or claimants will release if such offer is accepted; (4) The type of release, if any, the claimant or claimants will provide to each releasee; and (5) The claims to be released. (b) The recipients of an offer to settle made under this Code section may accept the same by providing written acceptance of the material terms outlined in subsection (a) of this Code section in their entirety. (c) Nothing in this Code section is intended to prohibit parties from reaching a settlement agreement in a manner and under terms otherwise agreeable to the parties.

1254

JOURNAL OF THE HOUSE

(d) Upon receipt of an offer to settle set forth in subsection (a) of this Code section, the recipients shall have the right to seek clarification regarding terms, liens, subrogation claims, standing to release claims, medical bills, medical records, and other relevant facts. An attempt to seek reasonable clarification shall not be deemed a counteroffer. (e) An offer to settle made pursuant to this Code section shall be sent by certified mail or statutory overnight delivery, return receipt requested, and shall specifically reference this Code section. (f) The person or entity providing payment to satisfy the material term set forth in paragraph (2) of subsection (a) of this Code section may elect to provide payment by any one or more of the following means:
(1) Cash; (2) Money order; (3) Wire transfer; (4) A cashier's check issued by a bank or other financial institution; (5) A draft or bank check issued by an insurance company; or (6) Electronic funds transfer or other method of electronic payment. (g) Nothing in this Code section shall prohibit a party making an offer to settle from requiring payment within a specified period; provided, however, that such period shall be not less than ten days after the written acceptance of the offer to settle. (h) This Code section shall apply to causes of action for personal injury, bodily injury, and death arising from the use of a motor vehicle on or after July 1, 2013."

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

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

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

Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Harbin
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill
Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal
Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

WEDNESDAY, FEBRUARY 27, 2013

1255

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

House of Representatives Coverdell Legislative Office Building, Room 408
Atlanta, Georgia 30334

February 27, 2013

The Honorable Robbie Rivers Clerk of the House 307 State Capitol Atlanta, Georgia 30334

Dear Mr. Rivers:

During the vote on House Bill 336, my machine malfunctioned; I intended to cast a "yea" vote for the bill.

Sincerely,

/s/ Stacey Abrams

1256

JOURNAL OF THE HOUSE

HB 210. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Roberts of the 155th, Burns of the 159th and others:

A BILL to be entitled an Act to amend Code Section 48-8-17 of the Official Code of Georgia Annotated, relating to the temporary suspension of the collection of taxes on gasoline and aviation fuel, so as to provide for legislative findings; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending temporarily the collection of such taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Pursuant to Rule 133, Representative Dickerson of the 113th was excused from voting on HB 210.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black
Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey

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

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton
Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard

WEDNESDAY, FEBRUARY 27, 2013

1257

E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo

Y Scott Setzler
Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

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

HB 328. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th:

A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lowndes County; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett Y Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson

Y Coomer Cooper
N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye

Y Hamilton Harbin
Y Harden N Harrell Y Hatchett N Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson E Jacobs E Jasperse Y Jones, J Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nimmer N Nix Y Oliver
O'Neal N Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch

1258

JOURNAL OF THE HOUSE

Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin
Maxwell E Mayo

N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 144, nays 22.

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

HB 329. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th:

A BILL to be entitled an Act to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), so as to provide that the judge of the Small Claims Court for Lowndes County shall be the magistrate judge and shall be elected on a nonpartisan basis; to provided for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett Y Bentley Y Benton
Beverly Y Black N Braddock Y Broadrick

Coomer Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon N Dukes N Dunahoo Y Duncan Y Dutton Ehrhart

Y Hamilton Harbin
Y Harden N Harrell Y Hatchett N Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston Y Howard Y Hugley Y Jackson

Y McCall Meadows
Y Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nimmer N Nix Y Oliver
O'Neal N Pak Y Parrish Y Parsons Y Peake Y Pezold

Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T

WEDNESDAY, FEBRUARY 27, 2013

1259

Y Brockway Y Brooks N Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y England Y Epps, C Y Epps, J Y Evans Y Fleming N Floyd Y Fludd N Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

E Jacobs E Jasperse Y Jones, J Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin E Maxwell E Mayo

Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

N Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 133, nays 29.

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

HB 384. By Representatives Roberts of the 155th, England of the 116th, Houston of the 170th and Watson of the 172nd:

A BILL to be entitled an Act to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governing bodies and crossing streets under jurisdiction of the Department of Transportation, so as to modify provisions relating to a local governing authority designating public streets or portions thereof that are under its jurisdiction for the combined use of motorized carts and regular vehicular traffic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governing bodies and crossing streets under jurisdiction of the Department of Transportation, so as to modify provisions relating to a local governing authority designating public streets or portions thereof that are under its jurisdiction for the combined use of motorized carts and regular vehicular traffic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1260

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governing bodies and crossing streets under jurisdiction of the Department of Transportation, is amended by revising subsection (c) as follows:
"(c) Each local governing authority permitting the use of motorized carts upon the public streets within its jurisdiction shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality or boundaries of the county. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that motorized carts are authorized for use on public streets. All costs associated with such signs shall be funded entirely by the local governing authority. Ordinances establishing operating standards for motorized carts shall not be effective unless appropriate signs giving notice are posted along the public streets affected as required by this subsection."

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.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse

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

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.

WEDNESDAY, FEBRUARY 27, 2013

1261

Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin E Maxwell E Mayo

Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Thomas, B N Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 6.

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

HB 226. By Representatives Nix of the 69th, Burns of the 159th, Roberts of the 155th, Mosby of the 83rd, Drenner of the 85th and others:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; 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 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 revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain

1262

JOURNAL OF THE HOUSE

officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, is amended in Code Section 12-8-22, relating to solid waste management definitions, by revising paragraphs (5), (32), and (39) and adding two new paragraphs to read as follows:
"(4.2) 'Compost' means a stabilized organic material produced by controlled aerobic decomposition that can be used as a soil additive, fertilizer, or growth media. (5) 'Composting' means the controlled accelerated biological decomposition of organic matter into a stable, odor-free humus under controlled aerobic conditions which creates compost." "(32) 'Scrap tire carrier' means any person engaged in picking up or transporting scrap tires for the purpose of removal to a scrap tire processor, end user, or disposal facility Reserved." "(38.1) 'Tire carrier' means any person engaged in collecting or transporting tires, other than new tires. (39) 'Tire retailer' means any person, other than a used motor vehicle parts dealer licensed in accordance with Chapter 47 of Title 43, engaged in the business of selling new replacement tires or used tires." "(40.1) 'Used tire' means a tire which has a minimum of 2/32 inch of road tread and which is still suitable for its original purpose but is no longer new. A tire retailer shall inventory and market used tires in substantially the same fashion as a new tire and be able to provide satisfactory evidence to the division that a market for the tire exists and the tire is in fact being marketed as a used tire. A used tire shall not be considered solid waste."
SECTION 2. Said part is further amended in Code Section 12-8-23, relating to powers and duties of the board, by revising subparagraph (J) of paragraph (1) as follows:
"(J) Rules and regulations regulating the generation, collection, processing, and disposal of scrap tires and the collection, inventory, and marketing of used tires and governing the investigation and cleanup of sites where scrap tires have been disposed regardless of the date when such disposal occurred; and"

WEDNESDAY, FEBRUARY 27, 2013

1263

SECTION 3. Said part is further amended in Code Section 12-8-27.1, relating to the solid waste trust fund, by revising subsection (a) as follows:
"(a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-27, Code Section 12-8-30.6, and Code Section 12-8-40.1 may be expended by the director, with the approval of the board, for the following purposes:
(1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility; (2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; (3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to the identity or solvency of the owner thereof, commencing five years after the date of completing closure; and (4) To take such actions as may be necessary to implement the provisions of a scrap tire management program in this state, particularly as may be related to the cleanup of scrap tire disposal piles and facilities, regulation of scrap tire carriers and other handlers, and disbursement of grants and loans to cities, counties, and other persons as may be necessary to implement fully the provisions of this part."
SECTION 4. Said part is further amended in Code Section 12-8-30.8, relating to penalties for solid waste management violations, by adding a new subsection to read as follows:
"(c) Any sheriff, deputy sheriff, or other peace officer or local code enforcement officer shall have the authority to enforce the provisions of subsection (c) of Code Section 12-8-40.1."
SECTION 5. Said part is further amended by revising Code Section 12-8-40.1, relating to tire disposal restrictions, as follows:
"12-8-40.1. (a) Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on scrap tires originating in or which may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A ban on the disposal of scrap tires at solid waste disposal facilities within its control; and

1264

JOURNAL OF THE HOUSE

(2) A requirement that scrap tires be recycled, shredded, chopped, or otherwise processed in an environmentally sound manner prior to disposal at solid waste disposal facilities owned or operated by the city, county, or authority. (b) After December 31, 1994, no person may dispose of scrap tires in a solid waste landfill unless the scrap tires are shredded, chopped, or chipped in accordance with standards established by the board and: (1) The director finds that the reuse or recycling of scrap tires is not economically feasible; or (2) The scrap tires are received from a municipal solid waste collector holding a valid solid waste collection permit under authority of this part and who transports fewer than ten scrap tires at any one time; or (3) The scrap tires are received from a person transporting fewer than five scrap tires in combination with the person's own solid waste for disposal. (c)(1) No person shall collect or transport scrap any tires, other than new tires, for the purpose of processing or disposal, process scrap tires, or purport to be in the business of collecting, transporting, or processing scrap tires unless the person: has a scrap tire carrier or processor permit issued by the division. For purposes of this paragraph, the term 'process scrap tires' means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use.
(A) Obtains a tire carrier permit issued by the division; and (B) Displays on each vehicle used to collect or transport tires a decal issued by the division; provided, however, that this subparagraph shall not apply to a common carrier that collects tires exclusively from outside this state and transports them directly to a scrap tire processor or end user within this state. (2) As a condition of holding a permit to collect scrap or transport tires, each permitted person shall: (A) Report to the division in such manner and with such frequency as the division shall require the number of scrap tires transported and the manner of disposition; (B) Maintain financial assurance in accordance with subsection (l) of this Code section; and (C) Submit such other data as is determined by the board to be reasonably necessary to protect public health and the environment.; and (D) Pay to the division a nominal fee for each decal issued. (c.1) No person shall process scrap tires unless the person has a scrap tire processing permit issued by the division. For purposes of this subsection, the term 'process scrap tires' means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use. (d) Subsection (c) of this Code section shall not apply to: (1) A municipal solid waste collector holding a valid solid waste collection permit under authority of this part whose primary business is the collection of municipal solid waste; (2) A private individual transporting no more than ten of the individual's own scrap tires to a scrap tire processor or end user or for proper disposal or a private individual

WEDNESDAY, FEBRUARY 27, 2013

1265

transporting more than ten tires if such individual can provide proof of purchase with receipt for such tires; (3) A company transporting the company's own scrap tires to a scrap tire processor or end user or for proper disposal; and (4) A tire retailer transporting its own used tires if such dealer can provide proof of purchase with receipt for all used tires being transported and a document verifying the origin, route, and destination of such used tires; (5) Any person transporting tires collected as part of an organized site cleanup activity; and (4)(6) The United States, the State of Georgia, any county, municipality, or public authority. (e) After July 1, 1992, any person who generates scrap tires shall: (1) Notify the division of such activities, requesting the issuance of an identification number, which number shall be used on scrap tire shipment manifests; (2) Have the scrap tires collected and transported by persons in compliance with subsection (c) of this Code section; (3) Maintain receipts indicating the disposition of the scrap tires; (4) Maintain receipts indicating the permit number and name of the scrap tire carrier to whom the tires were given; (5) Maintain receipts indicating the disposal site or processing facility where the scrap tires were taken including the date of such disposal and the number of scrap tires; and (6) Provide such other information as the board shall require and for such period of time as the board deems appropriate. (f) No person may store more than 100 25 scrap tires anywhere in this state. Any person storing in excess of 100 25 scrap tires shall be deemed to be in violation of this part. (g) Subsection (f) of this Code section shall not apply to any of the following: (1) A solid waste disposal site permitted by the division if the permit authorizes the storage of scrap tires prior to their disposal; (2) A tire retailer with not more than 3,000 1,500 scrap tires in storage; (3) A tire retreader with not more than 1,500 3,000 scrap tires in storage so long as the scrap tires are of the type the retreader is actively retreading; (4) An auto salvage yard A licensed used motor vehicle parts dealer or registered secondary metals recycler with not more than 500 scrap tires in storage; and (5) A scrap tire processor approved by the division so long as the number of scrap tires in storage do not exceed the quantity approved by the division if all of the scrap tires are secured in a locked enclosure or are otherwise adequately secured in a manner suitable to prevent unauthorized access; provided, however, that the division may grant a waiver of the enclosure requirement if the person requesting the waiver can definitively show a significant and unique economic hardship which impairs such person's ability to continue operating his or her business.

1266

JOURNAL OF THE HOUSE

(h)(1) Beginning July 1, 1992, a fee is imposed upon the retail sale of all new replacement tires in this state of $1.00 per tire sold. The fee shall be collected by retail dealers at the time the retail dealer sells a new replacement tire to the ultimate consumer; provided, however, that a Georgia tire distributor who sells tires to retail dealers must collect such fees from any retail dealer who does not have a valid scrap tire generator identification number issued by the division. The fee and any required reports shall be remitted not less than quarterly on such forms as may be prescribed by the division. The division is authorized to contract with the Department of Revenue to, and the Department of Revenue is authorized to, collect such fees on behalf of the division. All fees received shall be deposited into the state treasury to the account of the general fund in accordance with the provisions of Code Section 4512-92. All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. (2) In collecting, reporting, and paying the fees due under this subsection, each distributor or retailer shall be allowed the following deductions, but only if the amount due was not delinquent at the time of payment:
(A) A deduction of 3 percent of the first $3,000.00 of the total amount of all fees reported due on such report; and (B) A deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the total amount of all fees reported due on such report. (3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2014. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the solid waste trust fund. (i)(1) The division may abate any threat or potential threat to public health or the environment created or which could be created by scrap tires or other scrap tire materials by removing or processing the scrap tires or other scrap tire materials. Before taking any action to abate the threat or potential threat, the division shall give any person having the care, custody, or control of the scrap tires or materials or owning the property upon which the scrap tires or materials are located notice of the division's intentions and order the responsible party to abate the threat or potential threat in a manner approved by the division. Such order shall be issued in accordance with Code Section 12-8-30. (2) If the responsible party is unable or unwilling to comply with such order or if no person who has contributed or is contributing to the scrap tires or scrap tire materials which are to be abated can be found, the director may undertake cleanup of the site utilizing funds from the solid waste trust fund. (3) The division or its contractors may enter upon the property of any person at such time and in such manner as deemed necessary to effectuate the necessary corrective action to protect human health and the environment. (4) Neither the State of Georgia nor the solid waste trust fund established in Code Section 12-8-27.1 shall be liable for any loss of business, damages, or taking of property associated with the corrective action.

WEDNESDAY, FEBRUARY 27, 2013

1267

(5) The division may bring an action or proceeding against the property owner or the person having possession, care, custody, or control of the scrap tires or other scrap tire materials to enforce the corrective action order issued under Code Section 12-8-30 and recover any reasonable and necessary expenses incurred by the division for corrective action, including administrative and legal expenses. The division's certification of expenses shall be prima-facie evidence that the expenses are reasonable and necessary. Notwithstanding any other provision of this subsection, any generator of scrap tires who is identified as being a contributor to the materials which are the object of the abatement and who can document that he or she has fully complied with this part and all rules promulgated pursuant to this part in disposing of such scrap tires shall not be liable for any of the cost of recovery actions of the abatement. (6) Nothing in this part shall affect the right of any municipality or county to abate or clean up scrap tires or scrap tire materials which are a threat or potential threat to human health or the environment. The division may reimburse such local governments for such actions in accordance with procedures approved by the board. (j) Except for the purposes of scrap tire corrective actions, the provisions of this Code section do not apply to: (1) Tires with a rim size less than 12 inches; (2) Tires from:
(A) Any device moved exclusively by human power; or (B) Any device used exclusively for agricultural purposes, except a farm truck; or (3) A retreadable casing while under the control of a tire retreader or while being delivered to a retreader. (k) The director shall be authorized to order the cessation of operation of any scrap tire carrier or scrap tire processor who is found not to be operating in compliance with this part or rules adopted pursuant to this part and the seizure of all property used in such unlawful operations; provided, however, that the scrap tire carrier or scrap tire processor shall be afforded a hearing within 48 hours before an administrative law judge of the Department of Natural Resources upon such order of the director. (l)(1) A surety bond shall be provided to the director by a scrap tire carrier or scrap tire processor prior to issuance of a permit for collecting or processing scrap tires to ensure compliance with the provisions of this part. (2) The bond required in this subsection shall be: (A) Conditioned upon compliance with this part, any rules adopted pursuant to this part, and the carrier's or processor's permit; and (B) In such amount as determined by the director necessary to ensure compliance, but in any event not to exceed $25,000.00 less than $10,000.00 nor greater than $20,000.00. (3) Such bond shall be payable to the director and issued by an insurance company authorized to issue such bonds in this state.

1268

JOURNAL OF THE HOUSE

(4) Upon a determination by the director that a scrap tire carrier or scrap tire processor has failed to meet the provisions of this part, rules promulgated pursuant to this part, or its permit, the director may, after written notice of such failure:
(A) Forfeit or draw that amount of such bond that the director determines necessary to correct the violation; (B) Expend such amount for such purposes; and (C) Require the replacement of that amount of such bond forfeited or drawn upon. (5) Any moneys received by the director in accordance with paragraph (4) of this subsection shall be deposited into the solid waste trust fund established in Code Section 12-8-27.1."

SECTION 6. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, is amended by revising paragraph (5) of subsection (c) as follows:
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 1998 2013."

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 Abrams N Alexander N Allison N Anderson N Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell N Bennett Y Bentley Y Benton Y Beverly N Black N Braddock Y Broadrick

Y Coomer Y Cooper N Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart

Y Hamilton Harbin
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower N Hill Y Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson

N McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Pezold

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T

WEDNESDAY, FEBRUARY 27, 2013

1269

Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter N Casas Y Chandler Y Channell E Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman Y Cooke

Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene N Gregory

Y Jacobs E Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick N Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra Y Marin Y Martin Y Maxwell E Mayo

N Powell, A Y Powell, J Y Pruett N Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T Y Rutledge
Rynders Y Scott N Setzler Y Sharper Y Shaw N Sheldon Y Sims, B

N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites Y Watson, B Y Watson, S N Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 33.

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

By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until tomorrow:

HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others:

A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative McCall of the 33rd District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

1270

JOURNAL OF THE HOUSE

Mr. Speaker:

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

HB 268 Do Pass, by Substitute HB 298 Do Pass, by Substitute

HB 297 Do Pass SB 81 Do Pass

Respectfully submitted, /s/ McCall of the 33rd
Chairman

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

HB 302. By Representatives Broadrick of the 4th, Harden of the 148th, Stephens of the 164th, Parrish of the 158th, Watson of the 166th and others:

A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to add substances included under Schedule I controlled substances; to add substances included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to add substances included under Schedule I controlled substances; to add substances included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.

WEDNESDAY, FEBRUARY 27, 2013

1271

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising and adding new subparagraphs to paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, to read as follows:
"(HH) MPPP (1-Methyl-4-Phenyl-4-Propionoxypiperidine) Reserved;" "(HHH) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); (III) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); (JJJ) 4-iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (25I-NBOMe); (KKK) 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (25C-NBOMe); (LLL) 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (25B-NBOMe); (MMM) N,N-Diallyl-5-Methoxytryptamine (5-MeO-DALT);"
SECTION 2. Said chapter is further amended by adding new subparagraphs to paragraph (6) of Code Section 16-13-27, relating to Schedule III controlled substances, to read as follows:
"(N.5) Methasterone;" "(V.5) Prostanozol;"
SECTION 3. Said chapter is further amended by adding new paragraphs to subsection (b) of Code Section 16-13-71, relating to defining dangerous drugs, to read as follows:
"(.042) Abiraterone;" "(12.5) Aclidinium bromide;" "(62.05) Apixaban;" "(69.1) Avanafil;" "(69.3) Axitinib;" "(77.5) Bedaquiline;" "(105.6) Bosutinib;" "(122.7) Cabozantinib;" "(142.7) Carfilzomib;" "(190.5) Choline C 11;" "(207.5) Cobicistat;" "(217.9) Crofelemer;" "(331.065) Elvitegravir;" "(332.87) Enzalutamide;" "(388.3) Florbetapir F 18;" "(416.5) Glucarpidase;" "(426) Gonadotropin, Chroinic Chorionic;

1272

JOURNAL OF THE HOUSE

(427) Gonadotropin, Chroinic Chorionic, Anti-human serum;" "(473.5) Ingenol mebutate;" "(506.75) Ivacaftor;" "(520.3) Linaclotide;" "(528.7) Lomitapide;" "(529.93) Lorcaserin hydrochloride;" "(530.8) Lucinactant;" "(619.1) Mirabegron;" "(661.3) Ocriplasmin;" "(671) Oxybutynin see exceptions;" "(663.35) Omacetaxine mepesuccinate;" "(692.25) Pasereotide;" "(692.513) Peginesatide;" "(703.43) Perampanel;" "(706.5) Pertuzumab;" "(752.1) Ponatinib;" "(832.1) Raxibacumab;" "(832.7) Regorafenib;" "(873.8) Sodium picosulfate;" "(930.93) Tafluprost;" "(930.97) Tagliglucerase alfa;" "(931.37) Tbo-filgrastim;" "(931.53) Teduglutide;" "(932.2) Teriflunomide;" "(969.8) Tofacitinib;" "(1034.5) Vismodegib;" "(1042.78) Ziv-aflibercept;"
SECTION 4. Said chapter is further amended by adding a new paragraph to subsection (c) of Code Section 16-13-71, relating to defining dangerous drugs, to read as follows:
"(16.97) Oxybutynin when a single dose is delivered as 3.9 mg. per day using a transdermal system patch;"
SECTION 5. Said chapter is further amended by revising paragraph (26) of subsection (c) of Code Section 16-13-71, relating to defining dangerous drugs, to read as follows:
"(26) Tetrahydrozaline Tetrahydrozoline for ophthalmic or topical use;"
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, FEBRUARY 27, 2013

1273

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell E Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 1.

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

1274

JOURNAL OF THE HOUSE

HB 315. By Representatives Cooper of the 43rd, Clark of the 101st, Rynders of the 152nd, Kaiser of the 59th, Jones of the 53rd and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer
Nix Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland N Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

WEDNESDAY, FEBRUARY 27, 2013

1275

On the passage of the Bill, the ayes were 172, nays 2.

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

House of Representatives State Capitol, Room 131 Atlanta, Georgia 30334

February 27, 2013

Robbie Rivers:

I would like to change my vote on HB 315 from NO to Yes; I unintentionally hit the wrong button.

Sincerely,

/s/ Willie Talton State Representative District 147

HB 252. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th:

A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the magistrate court of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague

N Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill

McCall Y Meadows Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nimmer

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R

1276

JOURNAL OF THE HOUSE

Y Bell N Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Douglas N Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Dutton N Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse Y Jones, J Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin N Maxwell Y Mayo

N Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E
Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 150, nays 23.

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

HR 205. By Representatives Neal of the 2nd, Kidd of the 145th, Cheokas of the 138th, Dunahoo of the 30th and Hill of the 22nd:

A RESOLUTION authorizing the conveyance of certain state owned real property; to provide an effective date; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson

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

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer

WEDNESDAY, FEBRUARY 27, 2013

1277

Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 174, nays 0.

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

HB 187. By Representatives Dickerson of the 113th, Holt of the 112th, Welch of the 110th, Rutledge of the 109th, Stephenson of the 90th and others:

A BILL to be entitled an Act to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances or marijuana in, on, or within drug-free commercial zones, so as to change the date of incorporation of local ordinances by reference; to 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:

1278

JOURNAL OF THE HOUSE

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Meadows
Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 171, nays 2.

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

HB 141. By Representatives Lindsey of the 54th, Morgan of the 39th, Brockway of the 102nd, Kaiser of the 59th and Jones of the 53rd:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Department of Public Safety to develop and post the model notice on its

WEDNESDAY, FEBRUARY 27, 2013

1279

website; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Georgia Bureau of Investigation to develop and post the model notice on its website; to provide for penalties; to provide an expiration date for the 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. Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, is amended by adding a new Code section to read as follows:
"16-5-47. (a) As used in this Code section, the term:
(1) 'Adult entertainment establishment' means any place of business or commercial establishment wherein:
(A) The entertainment or activity therein consists of nude or substantially nude persons dancing with or without music or engaged in movements of a sexual nature or movements simulating sexual intercourse, oral copulation, sodomy, or masturbation; (B) The patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments; or (C) The patron directly or indirectly is charged a fee to engage in personal contact by employees, devices, or equipment, or by personnel provided by the establishment. Such term shall include, but shall not be limited to, bathhouses, lingerie modeling studios, and related or similar activities. Such term shall not include businesses or commercial establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment. (2) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only

1280

JOURNAL OF THE HOUSE

incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (3) 'Day hauler' means any person who is employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person. (4) 'Farm labor contractor' means any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to such persons. (5) 'Hotel' means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire. (6) 'Massage therapist' means a person licensed pursuant to Chapter 24A of Title 43. (7) 'Primary airport' shall have the same meaning as set forth in 49 U.S.C. Section 47102(16). (8) 'Substantially nude' means dressed in a manner so as to display any portion of the female breast below the top of the areola or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (9) 'Truck stop' means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking. (b) Effective September 15, 2013, the following businesses and other establishments shall post the notice described in subsection (c) of this Code section, or a substantially similar notice, in English, Spanish, and any other language deemed appropriate by the director of the Georgia Bureau of Investigation, in each public restroom for the business or establishment and either in a conspicuous place near the public entrance of the business or establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted: (1) Adult entertainment establishments; (2) Bars; (3) Primary airports; (4) Passenger rail or light rail stations; (5) Bus stations; (6) Truck stops; (7) Emergency rooms within general acute care hospitals; (8) Urgent care centers; (9) Farm labor contractors and day haulers; (10) Privately operated job recruitment centers; (11) Safety rest areas located along interstate highways in this state; (12) Hotels; and

WEDNESDAY, FEBRUARY 27, 2013

1281

(13) Businesses and establishments that offer massage or bodywork services by a person who is not a massage therapist. (c) On or before August 1, 2013, the Georgia Bureau of Investigation shall develop a model notice that complies with the requirements of this subsection and make the model notice available for download on its Internet website. Such notice shall be at least 8 1/2 inches by 11 inches in size, printed in a 16 point font in English, Spanish, and any other language deemed appropriate by the director of the Georgia Bureau of Investigation, and state the following: 'Are you or someone you know being sold for sex or made/forced to work for little or no pay and cannot leave? Call the National Human Trafficking Resource Center at 1888-373-7888 for help. All victims of slavery and human trafficking have rights and are protected by international, federal, and state law. The hotline is: (1) Anonymous and confidential; (2) Available 24 hours a day, seven days a week; (3) Able to provide help, referral to services, training, and general information; (4) Accessible in 170 languages; (5) Operated by a nonprofit, nongovernmental organization; and (6) Toll free.' (d) A law enforcement officer shall notify, in writing, any business or establishment that has failed to comply with this Code section that it has failed to comply with the requirements of this Code section and if it does not correct the violation within 30 days from the date of receipt of the notice, the owner of such business or establishment shall be charged with a violation of this Code section and upon conviction shall be guilty of the misdemeanor offense of failure to post the National Human Trafficking Resource Center hotline number and may be punished by a fine of not more than $500.00; but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against an owner for conviction thereof. Upon a second or subsequent conviction, the owner shall be guilty of a high and aggravated misdemeanor and shall be punished by a fine not to exceed $5,000.00. The notice required by this subsection may be hand delivered to the noncomplying business or establishment or mailed to it at the address of such business or establishment. (e) This Code section shall be repealed in its entirety on January 1, 2024, unless extended by an Act of the General Assembly."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

1282

JOURNAL OF THE HOUSE

The following amendments were read and adopted:

Representative Roberts of the 155th et al. offer the following amendment:

Amend the substitute to HB 141 (LC 29 5533S) by revising line 36 to read as follows: direction of a third person. Such term shall not include a person who produces agricultural products as provided for under paragraph (2) of subsection (a) of Code Section 48-8-3.3.

By revising line 44 to read as follows: to such persons. Such term shall not include a person who produces agricultural products as provided for under paragraph (2) of subsection (a) of Code Section 48-83.3.

Representatives Setzler of the 35th, Roberts of the 155th, and Golick of the 40th offer the following amendment:

Amend the House Committee on Judiciary, Non-civil substitute to HB 141 (LC 29 5533S) by replacing "2024" with "2019" on line 107.

The following amendment was read:

Representatives Pezold of the 133rd and Caldwell of the 20th offer the following amendment:

Amend the substitute to HB 141(LC 29 5533S) by striking line 55 and inserting in lieu thereof the following: (b) Effective September 15, 2013, the following businesses and other establishments may

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

N Abrams N Alexander N Allison N Anderson N Atwood N Ballinger N Barr N Battles N Beasley-Teague N Bell N Bennett N Bentley N Benton

N Coomer N Cooper N Dawkins-Haigler N Deffenbaugh N Dempsey N Dickerson N Dickey N Dickson N Dollar N Douglas N Drenner N Dudgeon N Dukes

N Hamilton N Harbin N Harden Y Harrell N Hatchett N Hawkins N Henson N Hightower N Hill N Hitchens N Holcomb
Holmes N Holt

N McCall N Meadows N Mitchell N Morgan N Morris N Mosby N Murphy N Neal N Nimmer N Nix N Oliver N O'Neal N Pak

N Sims, C N Smith, E N Smith, L N Smith, M N Smith, R N Smyre Y Spencer N Stephens, M N Stephens, R N Stephenson N Stovall N Strickland N Talton

WEDNESDAY, FEBRUARY 27, 2013

1283

N Beverly N Black N Braddock N Broadrick N Brockway N Brooks N Bruce N Bryant N Buckner N Burns N Caldwell, J Y Caldwell, M N Carson N Carter N Casas N Chandler N Channell N Chapman N Cheokas N Clark, J N Clark, V N Coleman Y Cooke

N Dunahoo N Duncan Y Dutton N Ehrhart N England N Epps, C N Epps, J N Evans N Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner N Gasaway N Geisinger N Glanton N Golick N Gordon N Gravley N Greene Y Gregory

N Houston N Howard N Hugley N Jackson N Jacobs E Jasperse N Jones, J Y Jones, L N Jones, S N Jordan N Kaiser N Kelley N Kendrick N Kidd
Kirby N Knight N Lindsey N Lumsden N Mabra N Marin N Martin E Maxwell N Mayo

N Parrish N Parsons N Peake Y Pezold N Powell, A N Powell, J N Pruett N Quick N Ramsey N Randall N Rice N Riley N Roberts
Rogers, C N Rogers, T N Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw N Sheldon N Sims, B

N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley N Thomas, A.M. E Thomas, B N Turner
VACANT N Waites N Watson, B N Watson, S N Welch N Weldon N Wilkerson N Wilkinson N Willard N Williams, A N Williams, C N Williams, E N Williamson N Yates
Ralston, Speaker

On the adoption of the amendment, the ayes were 9, nays 163.

The amendment was lost.

The Committee substitute, as amended, was adopted.

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

1284

JOURNAL OF THE HOUSE

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jackson Y Jacobs E Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin E Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 1.

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

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

HR 514. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st and Watson of the 166th:

A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Brendan T. Sheehan and the Grand Marshal of the 2013 St. Patrick's Day Parade, James A. Ray on the upcoming occasion of the 2013 St. Patrick's Day Parade in Savannah, Georgia and inviting them to appear before the House of Representatives; and for other purposes.

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

HR 414. By Representatives Chandler of the 105th, Hugley of the 136th, Abrams of the 89th, Rutledge of the 109th, Caldwell of the 131st and others:

A RESOLUTION recognizing and commending the unique contribution of professional school counselors within our school systems and inviting

WEDNESDAY, FEBRUARY 27, 2013

1285

Barbara Strickland, President of the Georgia School Counselors Association; Gail Smith; Julie Hartline; Robin Zorn; and Shellie Caplinger to be recognized by the House of Representatives; and for other purposes
HR 504. By Representatives Neal of the 2nd and Deffenbaugh of the 1st:
A RESOLUTION recognizing the Gordon Lee Memorial High School Lady Trojan softball team and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 515. By Representatives Carson of the 46th, Parsons of the 44th and Williamson of the 115th:
A RESOLUTION congratulating Carrie Elizabeth Trimble and Jason Matthew Walker on the occasion of their wedding; and for other purposes.
HR 516. By Representative Kirby of the 114th:
A RESOLUTION congratulating the Loganville Middle School Lady Red Devils Basketball Team on winning the 2013 Piedmont Athletic Conference Championship; and for other purposes.
HR 517. By Representatives Hamilton of the 24th, Hill of the 22nd, Duncan of the 26th, Tanner of the 9th and Dudgeon of the 25th:
A RESOLUTION recognizing and commending Chairman J. Ethan Underwood on the occasion of his retirement; and for other purposes.
HR 518. By Representatives Jasperse of the 11th, Meadows of the 5th and Dickson of the 6th:
A RESOLUTION recognizing and commending Jeff Stancil; and for other purposes.
HR 519. By Representatives Taylor of the 173rd, Carter of the 175th, Watson of the 172nd, McCall of the 33rd, Roberts of the 155th and others:
A RESOLUTION recognizing and commending Senator John D. Bulloch, Jr., on his outstanding achievements; and for other purposes.

1286

JOURNAL OF THE HOUSE

HR 520. By Representatives Scott of the 76th and Mosby of the 83rd:
A RESOLUTION commending Ms. Malissa Brinson, Oakview Elementary School's 2012-2013 Teacher of the Year; and for other purposes.
HR 521. By Representatives Gardner of the 57th and Golick of the 40th:
A RESOLUTION recognizing and commending Dr. Jennifer Kelly; and for other purposes.
HR 522. By Representatives Gardner of the 57th and O`Neal of the 146th:
A RESOLUTION recognizing and commending Dr. Don Meck; and for other purposes.
HR 523. By Representatives Golick of the 40th, Evans of the 42nd, Cooper of the 43rd, Dollar of the 45th, Parsons of the 44th and others:
A RESOLUTION honoring the Cumberland Community Improvement District; and for other purposes.
HR 524. By Representatives Mosby of the 83rd and Stephenson of the 90th:
A RESOLUTION commending the social work profession and recognizing March, 2013, as Professional Social Work Month at the state capitol; and for other purposes.
HR 525. By Representative McCall of the 33rd:
A RESOLUTION recognizing and commending William Alexander Bradford for his exemplary patriotism; and for other purposes.
HR 526. By Representatives Oliver of the 82nd, Talton of the 147th, Kidd of the 145th, Deffenbaugh of the 1st, Hitchens of the 161st and others:
A RESOLUTION recognizing and commending linemen from Georgia Power and the International Brotherhood of Electrical Workers Local 84, members of the Georgia AFL-CIO, for their diligence in responding to the needs of individuals in the aftermath of Hurricane Sandy; and for other purposes.
Representative Harrell of the 106th District, Vice-Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:

WEDNESDAY, FEBRUARY 27, 2013

1287

Mr. Speaker:

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

HB 454 Do Pass

Respectfully submitted, /s/ Harrell of the 106th
Vice-Chairman

Representative Hamilton of the 24th District, Chairman of the Committee on Industry and Labor, submitted the following report:

Mr. Speaker:

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

HB 361 Do Pass, by Substitute

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

Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

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

HB 125 HB 271 HB 350

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

Respectfully submitted, /s/ Golick of the 40th
Chairman

1288

JOURNAL OF THE HOUSE

Representative Weldon of the 3rd District, Chairman of the Committee on Juvenile Justice, submitted the following report:

Mr. Speaker:

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

HB 369 Do Pass, by Substitute

Respectfully submitted, /s/ Weldon of the 3rd
Chairman

Representative Rice of the 95th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 104 HB 365 HB 475

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

Respectfully submitted, /s/ Rice of the 95th
Chairman

Representative Dickson of the 6th District, Secretary of the Committee on Regulated Industries, submitted the following report:

Mr. Speaker:

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

HB 124 Do Pass, by Substitute

WEDNESDAY, FEBRUARY 27, 2013

1289

Respectfully submitted, /s/ Dickson of the 6th
Secretary
Representative Battles of the 15th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 343 Do Pass HB 345 Do Pass
Respectfully submitted, /s/ Battles of the 15th
Chairman
Representative Pruett of the 149th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 409 Do Pass
Respectfully submitted, /s/ Pruett of the 149th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

1290

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, February 28, 2013

Twenty-Sixth Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Caldwell, J Caldwell, M Carson Carter E Casas Chandler Chapman Cheokas Clark, J Clark, V Coleman

Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, C Epps, J Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon

Gravley Greene Hamilton Harbin Harden Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Martin

Maxwell Mayo McCall Mitchell Morgan E Mosby E Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw

Sims, B Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Burns of the 159th, Channell of the 120th, Ehrhart of the 36th, Fullerton of the 153rd, Gregory of the 34th, Harrell of the 106th, Houston of the 170th, Jacobs of the 80th, Jordan of the 77th, Meadows of the 5th, Morris of the 156th, Randall

THURSDAY, FEBRUARY 28, 2013

1291

of the 142nd, Rice of the 95th, Sheldon of the 104th, Smyre of the 135th, Teasley of the 37th, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Reverend Mike Franklin, Senior Pastor, The Torch, Demorest, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 500. By Representatives Drenner of the 85th, Fullerton of the 153rd, Oliver of the 82nd and Smith of the 125th:
A BILL to be entitled an Act to amend Code Section 46-3-201 of the Official Code of Georgia Annotated, relating to the existence and powers of electric membership corporations, so as to require contracts for the purchase of

1292

JOURNAL OF THE HOUSE

power which are longer than five years in duration to be reviewed by the public service commission; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 501. By Representatives Williams of the 168th, Epps of the 144th, Bryant of the 162nd, Roberts of the 155th, Jackson of the 128th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the maintenance of public roads, so as to require the Department of Transportation to remove all trees in the public right of way that are capable of falling on an interstate or limited-access highway; to provide for the department to designate the removal of trees by a third party after a competitive bidding process; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 502. By Representative Coomer of the 14th:
A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations, so as to provide that mortgage holders shall pay up to six months of unpaid property association fees on a property upon foreclosure; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 503. By Representatives Drenner of the 85th, Fullerton of the 153rd, Buckner of the 137th, Holcomb of the 81st, Frye of the 118th and others:
A BILL to be entitled an Act to amend Title 46 of the O.C.G.A., relating to public utilities, so as to provide for the establishment of voluntary portfolio standard goals for renewable energy; to provide for legislative intent and purpose; to provide for definitions; to amend Code Section 50-23-4 of the Official Code of Georgia Annotated, relating to definitions concerning the Georgia Environmental Finance Authority, so as to include in the definition of "project" renewable energy facilities such that the Georgia Environmental Finance Authority may issue bonds to finance such projects; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.

THURSDAY, FEBRUARY 28, 2013

1293

HB 504. By Representatives Pak of the 108th, Williamson of the 115th, Harrell of the 106th, Taylor of the 79th, Willard of the 51st and others:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide that the failure to use seat safety belts may be admitted into evidence under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 505. By Representatives Powell of the 32nd and McCall of the 33rd:
A BILL to be entitled an Act to create a board of elections and registration for Madison County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 506. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th and Pezold of the 133rd:
A BILL to be entitled an Act to amend a general Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for terms of office; to provide for filling vacancies in such office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

1294

JOURNAL OF THE HOUSE

HB 507. By Representatives Clark of the 98th, Dunahoo of the 30th, Rogers of the 10th, Barr of the 103rd, Kelley of the 16th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to exempt certain firearms from federal regulations; to provide for a short title; to provide for requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 508. By Representatives Black of the 174th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change the provisions relating to the compensation of the members of the board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 509. By Representative Waites of the 60th:
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, the "Fair Business Practices Act," so as to prohibit certain pricing practices with regards to tap water; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 512. By Representative Channell of the 120th:
A RESOLUTION honoring the life of Mr. Felton L. Hudson and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 527. By Representatives Caldwell of the 20th, Turner of the 21st, Dutton of the 157th, Cooke of the 18th, Lindsey of the 54th and others:
A RESOLUTION commending the Governor of Georgia for refusing to implement a state health care exchange and requesting continued action for

THURSDAY, FEBRUARY 28, 2013

1295

the protection of Georgians from the unconstitutional federal Patient Protection and Affordable Care Act; and for other purposes.

Referred to the Committee on Judiciary.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:

HB 512. By Representatives Jasperse of the 11th, Meadows of the 5th, Roberts of the 155th, Ballinger of the 23rd, Powell of the 32nd and others:

A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to change provisions relating to carrying weapons in unauthorized locations; to change provisions relating to persons exempt from the provisions of Code Sections 16-11-126 through 16-11-127.2; to change legislative findings and provide for preemption for weapons other than firearms; to provide for a cause of action and damages; to amend Title 16, relating to crimes and offenses, and Article 27 of Chapter 2 of Title 20, relating to loitering at or disrupting schools, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

HB 513. By Representative Houston of the 170th:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to abolish the Georgia Medical Center Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

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

HB 487 HB 489 HB 491 HB 493 HB 495 HB 497 HB 499

HB 488 HB 490 HB 492 HB 494 HB 496 HB 498 HR 511

1296

JOURNAL OF THE HOUSE

HR 513 SB 103 SB 135

SB 68 SB 105 SB 143

Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

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

HB 240 Do Pass HB 461 Do Pass

HB 332 Do Pass, by Substitute HR 502 Do Pass, by Substitute

Respectfully submitted, /s/ Cooper of the 43rd
Chairman

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

Mr. Speaker:

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

HB 432 HB 447 HB 466 HB 479 HB 485

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 433 HB 457 HB 467 HB 484

Do Pass Do Pass Do Pass Do Pass

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

Representative Rice of the 95th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 28, 2013

1297

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

HB 323 Do Pass, by Substitute

Respectfully submitted, /s/ Rice of the 95th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 28, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 155 HB 324 HR 274
HR 281

Game and fish; licensing and operation of shooting preserves; revise provisions (Substitute)(GF&P-Knight-130th) Georgia Student Finance Commission; board of commissioners; Georgia Student Finance Authority; board of directors; verification of lawful presence; provide exemptions (HEd-Dollar-45th) Department of Army; consider socioeconomic impact the Programmatic Environmental Assessment for Army 2020 Force Restructuring will have on Fort Benning, Georgia; request (D&VA-Smith-134th) Tift County; named in honor of the late Henry Harding Tift; provide (GAff-Roberts-155th)

Modified Structured Rule

HB 156

Electronic pornography; certain acts amounting to unlawfully seducing or enticing a child through use of computer online service; clarify (Substitute)(JudyNC-Neal-2nd)

1298

JOURNAL OF THE HOUSE

HB 242 HB 244 HB 283 HB 293 HB 327

Juvenile proceedings; substantially revise, supersede, and modernize provisions (Substitute)(Judy-Willard-51st) Elementary and secondary education; annual performance evaluations; revise certain provisions (Substitute)(Ed-Nix-69th) Education; update and revise terminology; provisions (Substitute)(EdColeman-97th) Tuition equalization grants; private colleges and universities; nursing; provisions (HEd-Rogers-29th) Flexibility and Accountability Act for Student Achievement; enact (Substitute)(Ed-Coleman-97th)

Structured Rule

None

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

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

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

HB 432. By Representative Morris of the 156th:

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 provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance under 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.

THURSDAY, FEBRUARY 28, 2013

1299

HB 433. By Representative Morris of the 156th:
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, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3608), 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 submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 447. By Representatives Hatchett of the 150th, Epps of the 144th and Pruett of the 149th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 457. By Representatives Braddock of the 19th, Maxwell of the 17th, Alexander of the 66th and Gravley of the 67th:
A BILL to be entitled an Act to amend an Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to provide for reincorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of a mayor and the city council; to provide for definitions and construction; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1300

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 466. By Representatives Rogers of the 10th and Gasaway of the 28th:
A BILL to be entitled an Act to provide for a new charter for the City of Cornelia; to provide a general repealer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 467. By Representative Epps of the 144th:
A BILL to be entitled an Act to provide a new charter for the Town of Danville; to provide for related matters; to repeal specific Acts; 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 479. By Representatives Dudgeon of the 25th, Hamilton of the 24th, Tanner of the 9th, Duncan of the 26th and Hill of the 22nd:
A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3783), so as to change the compensation of the chairperson and members of the board; to remove compensation for per diem expenses; 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 484. By Representative Williamson of the 115th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to provide for the jurisdiction of the municipal court; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 28, 2013

1301

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

HB 485. By Representative Hatchett of the 150th:

A BILL to be entitled an Act to amend an Act to establish the City Court of Soperton (now known as the State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, so as to change the salary of the judge and solicitor; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England
Epps, C Y Epps, J Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Fullerton Gardner Y Gasaway Y Geisinger Y Glanton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden

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

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R E Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A

1302

JOURNAL OF THE HOUSE

Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Setzler Y Sharper Y Shaw
Sheldon Y Sims, B

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

On the passage of the Bills, the ayes were 156, nays 0.

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

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

Mr. Speaker:

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

SB 115. By Senators Tippins of the 37th, Wilkinson of the 50th, Jeffares of the 17th, Williams of the 19th, Harper of the 7th and others:

A BILL to be entitled an Act to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, so as to provide that performance data of students in certain placements are included in the resident school system data; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd and Orrock of the 36th:

A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; to repeal conflicting laws; and for other purposes.

SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th:

A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 28, 2013

1303

SB 139. By Senators Miller of the 49th, Staton of the 18th, Harbison of the 15th, Shafer of the 48th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 206. By Representative Benton of the 31st:
A BILL to be entitled an Act to provide for a new charter for the City of Hoschton, Georgia; to provide for corporate boundaries and powers; to provide for a governmental structure; to provide for handling administrative affairs; to provide for a judicial branch; to provide for election and removal of officials; to provide for addressing the financial affairs of the city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 115. By Senators Tippins of the 37th, Wilkinson of the 50th, Jeffares of the 17th, Williams of the 19th, Harper of the 7th and others:
A BILL to be entitled an Act to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, so as to provide that performance data of students in certain placements are included in the resident school system data; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd, Orrock of the 36th and Stone of the 23rd:
A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

1304

JOURNAL OF THE HOUSE

SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 139. By Senators Miller of the 49th, Staton of the 18th, Harbison of the 15th, Shafer of the 48th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Talton of the 147th, Kirby of the 114th, Cheokas of the 138th, Pak of the 108th, Marin of the 96th, Holcomb of the 81st, Bennett of the 94th, Greene of the 151st, Williams of the 87th, Yates of the 73rd, Beasley-Teague of the 65th, Gasaway of the 28th, Taylor of the 79th, Kirby of the 114th, Holcomb of the 81st, Clark of the 101st, Dollar of the 45th, Burns of the 159th, Epps of the 144th, Dickey of the 140th, Randall of the 142nd, Kelley of the 16th, Gravely of the 67th, Jones of the 62nd, Alexander of the 92nd, Beasley-Teague of the 65th, Buckner of the 137th, Powell of the 32nd, Nix of the 69th, and Channell of the 120th.
Pursuant to HR 504, the House recognized the Gordon Lee Memorial High School Lady Trojan softball team and invited them to be recognized by the House of Representatives.
Pursuant to HR 92, the House commended the Georgia Peach Festival and the 2012 Georgia Peach Queens.

THURSDAY, FEBRUARY 28, 2013

1305

Pursuant to HR 414, the House recognized and commended the unique contribution of professional school counselors within our school systems and invited Barbara Strickland, President of the Georgia School Counselors Association; Gail Smith; Julie Hartline; Robin Zorn; and Shellie Caplinger to be recognized by the House of Representatives.

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

HR 281. By Representatives Roberts of the 155th, Watson of the 172nd and Houston of the 170th:

A RESOLUTION providing that Tift County be so named in honor of the late Henry Harding Tift; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas
Chandler

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd
Frazier Y Frye Y Fullerton Y Gardner Y Gasaway

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight

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

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson
Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson

1306

JOURNAL OF THE HOUSE

Y Channell Y Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman Y Cooke

Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

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

House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334

February 28, 2013

Please vote and record me "yes" on HR 281.

/s/ Dar'shun Kendrick

HR 274. By Representatives Smith of the 134th, Smyre of the 135th, Buckner of the 137th, Pezold of the 133rd and Hugley of the 136th:

A RESOLUTION requesting that the Department of the Army (DA) carefully consider the socioeconomic impact the Programmatic Environmental Assessment (PEA) for Army 2020 Force Restructuring will have on Fort Benning, Georgia, and the surrounding region; and for other purposes.

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson

THURSDAY, FEBRUARY 28, 2013

1307

Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas
Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 169, nays 1.

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

HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th:

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 revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for

1308

JOURNAL OF THE HOUSE

shooting preserves; to create a lifetime shooting preserve license; to grant registered boat owners a three-day hunting and fishing license as part of the registration fee; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Article 4 of Chapter 3, relating to shooting preserves, as follows:
"ARTICLE 4
27-3-110. (a) It shall be unlawful for any person to release pen raised game birds, except as provided in Code Section 27-2-14, unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year. (b) An application for a shooting preserve license shall be submitted on a form furnished by the department and shall contain the following:
(1) The applicant's name and address; (2) A detailed description of the proposed activities and operations on the shooting preserve; (3) The location and description of the premises of the preserve; and (4) Such other information as may be necessary in order for the department to evaluate the application properly. (c) No shooting preserve license shall be issued unless the following conditions are met: (1) The land to comprise the preserve must consist of not more than 1,000 acres and not less than 100 contiguous acres and must be owned or leased by the applicant. If the land is under lease to the applicant, the lease shall be for a term of not less than one year from the date of application, and the such lease shall be subject to inspection and approval by the department; (2) The boundary lines of the premises must be marked by signs located not more than 400 feet apart, indicating that they are the boundary line signs, in letters not less than two inches in height, and shall further indicate that the premises are posted as against trespassing; and (3) If the applicant intends to allow the shooting of bobwhite quail or ducks, or both, the applicant must show that the preserve has or will have a minimum of 1,000 quail, if quail are to be shot, or 200 ducks, if ducks are to be shot, or a minimum of 1,000 quail and 200 ducks, if both quail and ducks are to be shot. Such birds must be on the preserve at the time of application; or the applicant must show that he has a binding contract for such number of birds, which birds shall be released before or during the

THURSDAY, FEBRUARY 28, 2013

1309

season for hunting on the proposed shooting preserve. As a condition of holding a shooting preserve license issued pursuant to this Code section, the owner of the shooting preserve, or his or her lessee or agent, shall, prior to allowing any person to hunt on such shooting preserve:
(A) Confirm that such person has either completed a hunter education course as prescribed in Code Section 27-2-5; or (B) Provide such person with hunter education instruction that, at minimum, demonstrates techniques for proper firearm handling, unloading, and safety.
27-3-111. (a) It shall be unlawful to remove any pen raised game bird from a shooting preserve unless the bird has a tag on it showing the date the bird was taken and the shooting preserve license number unless accompanied by the contact information of the preserve from which it was taken. (b) It shall also be unlawful to release on a shooting preserve any mallard or black duck unless the such duck is a pen raised mallard or black duck. (c) It shall also be unlawful for a licensee under this article to fail to maintain a complete record of all pen raised game birds propagated, released, or taken on the preserve or to fail to furnish to allow the department a copy of the records within 60 days after the end of the hunting season on the preserve access to such records during all regular business hours. (d) It shall also be unlawful for any such licensee to fail to notify the department within 24 hours of the diagnosis of any epizootic disease of any pen raised game bird on the preserve, including unreleased stock.
27-3-112. (a) It shall be unlawful to hunt pen raised game birds, other than ring-necked pheasants, on a shooting preserve except between October 1 and March 31 of the following year, and except from one-half hour before sunrise to sunset. (b) It shall also be unlawful to exceed the daily or season bag limits prescribed by law or regulation for any game bird or game animal, provided that there shall be no bag limits for pen raised game birds. (c) It shall also be unlawful to hunt on a shooting preserve any game bird or game animal except during the open season for such game bird or game animal as prescribed by law or regulation; provided, however, that it shall be lawful to hunt bobwhite quail between October 1 and March 31 of the following year; provided, further, that it shall be lawful to hunt any other pen raised game bird between October 1 and March 31 of the following year when prior approval has been obtained from the department.
27-3-113. It shall be unlawful for any person to propagate, possess, or release on any shooting preserve any bird or wildlife or wild animal except bobwhite quail, chukar or redlegged partridge, coturnix or Japanese quail, pheasant, mallard, and black duck pen

1310

JOURNAL OF THE HOUSE

raised game birds unless the person has received prior written approval from the department. Importation of any bird or wildlife or wild animal for purposes of propagation, possession, or release on a shooting preserve shall be in conformance with the requirements of Article 3 of this chapter regarding transportation of wildlife, the requirements of Code Section 27-2-11 regarding game species, and the requirements of Chapter 5 of this title regarding wild animals.
27-3-114. (a) Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any resident or nonresident to hunt pen raised game birds on or fish in any private or state waters within the boundaries of such a preserve with a shooting preserve hunting license as provided in Code Section 27-223; and provided, further, that it shall be lawful for any person to hunt pen raised game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23. (b) The requirements of subsection (b) of Code Section 27-2-5 shall not apply to any person hunting pen raised game birds on a properly licensed shooting preserve, provided such person has received hunter education instruction that, at minimum, demonstrates techniques for proper firearm handling, unloading, and safety.
27-3-115. (a) The department is authorized to make and enter into agreements with properly licensed shooting preserves for the purpose of issuance and sale of shooting preserve hunting licenses. (b) Notwithstanding the provisions of subsection (b) of Code Section 27-2-5, a shooting preserve authorized by the department pursuant to subsection (a) of this Code section may sell shooting preserve hunting licenses so long as such shooting preserve meets the requirements of subsection (c) of Code Section 27-3-110. (c) Notwithstanding any other law to the contrary, the department shall not disclose any shooting preserve hunting license record which was lawfully purchased from a properly licensed shooting preserve and which reveals the name, home address, home telephone number, or social security number of the license holder unless written consent from the owner or lessee of such shooting preserve is obtained."
SECTION 2. Said title is further amended in Code Section 27-1-2, relating to definitions relative to game and fish, by revising paragraph (48) as follows:
"(48) 'Pen raised game birds bird' means game birds any bobwhite quail, chukar or red-legged partridge, coturnix or Japanese quail, ring-necked pheasant, mallard duck, or black duck which are is raised in captivity and are is more than two generations removed from the wild."

THURSDAY, FEBRUARY 28, 2013

1311

SECTION 3. Said title is further amended in Code Section 27-2-3.1, relating to hunting and sportsman's licenses, by revising paragraph (1) of subsection (f) as follows:
"(f)(1) Lifetime sportsman's licenses and fees for residents shall be as follows: (A) Type I (Infant), available only to those individuals under two years of age: $200.00; (B) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00; (C) Type A (Adult), available to those individuals 16 years of age or older: $500.00; (D) Type SD (Senior Discount), available to those individuals 60 years of age or older: $95.00; (E) Type S (Senior), available to those individuals 65 years of age or older: no charge; and (F) Type V (Veterans), available only to those individuals who served more than 90 days of federal active duty military service and were honorably discharged: eighty 80 percent of the amount of the fee specified for Type A lifetime sportsman's licenses in subparagraph (C) of this paragraph.; and (G) Type SP (Shooting Preserve), available to any individual, resident or nonresident, and which entitles the holder to hunt pen raised game birds and fish in any private or state waters within the boundaries of a properly licensed shooting preserve: $75.00."
SECTION 4. Said title is further amended in Code Section 27-2-23, relating to license, permit, tag, and stamp fees, by repealing subparagraph (I) of paragraph (8) and designating said subparagraph as reserved.
SECTION 5. Said title is further amended in Code Section 27-2-1, relating to general license requirements for hunting, trapping, and fishing, by revising subsection (b) as follows:
"(b) It shall be unlawful for any resident of this state who has attained the age of 16 years to hunt, fish in the waters of this state, or trap without a valid hunting license, fishing license, or trapping license, respectively, as provided in Code Section 27-2-23, except on premises owned by him or her or his or her immediate family; provided, however, that the resident owner of any vessel with a valid registration in accordance with Code Section 52-7-5 shall have, as part of the registration fee for such vessel, a paid three-day resident hunting and fishing license that begins on such owner's date of birth and extends two consecutive days thereafter in accordance with the requirements of this title and as otherwise specified by the department. It shall be unlawful for any resident of this state to hunt, fish, or trap in this state without carrying such license upon his or her person, except on premises owned by him or her or his or her immediate

1312

JOURNAL OF THE HOUSE

family and except when otherwise specifically directed by authorized personnel of the department."

SECTION 6. This Act shall become effective on July 1, 2013.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

THURSDAY, FEBRUARY 28, 2013

1313

On the passage of the Bill, by substitute, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Sims of the 169th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intra-Governmental Coordination has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 443 Do Pass
Respectfully submitted, /s/ Sims of the 169th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 242. By Representatives Willard of the 51st, Coomer of the 14th, Hatchett of the 150th, Nimmer of the 178th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the O.C.G.A., relating to classification and separation of inmates generally; to amend Chapter 4A of Title 49 of the O.C.G.A., relating to the Department of Juvenile Justice; to amend the O.C.G.A., so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT

1314

JOURNAL OF THE HOUSE

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for purpose statements; to provide for definitions; to provide for general provisions; to provide for juvenile court administration; to provide for dependency proceedings; to provide for venue; to provide for taking children into care; to provide for preliminary protective hearings; to provide for petitions alleging dependency; to provide for summons and service; to provide for preadjudication procedures; to provide for adjudication; to provide for predisposition social study; to provide for family reunification determinations; to provide for disposition of dependent children; to provide for permanency plan hearings for dependent children; to provide for permanent guardianship; to provide for termination of parental rights; to provide for petitions to terminate parental rights and summons; to provide for hearings on such petitions; to provide for grounds for terminating parental rights; to provide for disposition of children whose parental rights have been terminated; to provide for children in need of services; to provide for formal court proceedings for children in need of services; to provide for preadjudication custody and release of children in need of services; to provide for a petition seeking an adjudication that a child is a child in need of services; to provide for adjudication, disposition, and reviews; to provide for a permanency plan for children in need of services; to provide for children with mental health issues; to provide for delinquency; to provide for custody and release of a child including the use of detention assessments; to provide for intake and arraignment; to provide for informal adjustment; to provide for a petition alleging delinquency and summons; to provide for preadjudication procedures for delinquency proceedings; to provide for transfers to superior court; to revise designated felony acts; to provide for adjudication of delinquency; to provide for predisposition investigation and risk assessments; to provide for disposition hearings for delinquent children; to provide for permanency plans for delinquent children; to provide for traffic offenses; to prohibit secure confinement under certain circumstances; to provide for competency in delinquency cases; to provide for parental notification of abortions; to provide for access to hearings and records; to provide for emancipation of minors; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally and the placement of inmates, so as to provide for the detention of children in the Department of Corrections under certain circumstances; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as change provisions relating to the duties of the Board of Juvenile Justice; to change provisions relating to the duties of the DJJ; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 28, 2013

1315

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I JUVENILE CODE
SECTION 1-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Chapter 11, relating to juvenile proceedings, in its entirety as follows:
"CHAPTER 11 ARTICLE 1
15-11-1. The purpose of this chapter is to secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure his or her moral, emotional, mental, and physical welfare as well as the safety of both the child and community. It is the intent of the General Assembly to promote a juvenile justice system that will protect the community, impose accountability for violations of law, provide treatment and rehabilitation, and equip juvenile offenders with the ability to live responsibly and productively. It is the intent of the General Assembly to preserve and strengthen family relationships, countenancing the removal of a child from his or her home only when state intervention is essential to protect such child and enable him or her to live in security and stability. In every proceeding, this chapter seeks to guarantee due process of law, as required by the Constitutions of the United States and the State of Georgia, through which every child and his or her parent and all other interested parties are assured fair hearings at which legal rights are recognized and enforced. Above all, this chapter shall be liberally construed to reflect that the paramount child welfare policy of this state is to determine and ensure the best interests of its children.
15-11-2. As used in this chapter, the term:
(1) 'Abandonment' or 'abandoned' means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo parental duties or relinquish parental claims may be evidenced by:
(A) Failure, for a period of at least six months, to communicate meaningfully with a child; (B) Failure, for a period of at least six months, to maintain regular visitation with a child; (C) Leaving a child with another person without provision for his or her support for a period of at least six months;

1316

JOURNAL OF THE HOUSE

(D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite a child's parent, guardian, or legal custodian with his or her child; (E) Leaving a child without affording means of identifying such child or his or her parent, guardian, or legal custodian and:
(i) The identity of such child's parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and (ii) A parent, guardian, or legal custodian has not come forward to claim such child within three months following the finding of such child; (F) Being absent from the home of his or her child for a period of time that creates a substantial risk of serious harm to a child left in the home; (G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or (H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims. (2) 'Abuse' means: (A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of a child; (B) Emotional abuse; (C) Sexual abuse or sexual exploitation; (D) Prenatal abuse; or (E) The commission of an act of family violence as defined in Code Section 19-131 in the presence of a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this subparagraph, the term 'presence' means physically present or able to see or hear. (3) 'Adult' means any individual who is not a child as defined in paragraph (10) of this Code section. (4) 'Affiliate court appointed special advocate program' means a locally operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interests of an abused or neglected child in dependency proceedings. (5) 'Aggravated circumstances' means the parent has: (A) Abandoned an infant; (B) Attempted, conspired to attempt, or has subjected a child or his or her sibling to death or great bodily harm; (C) Attempted, conspired to attempt, or has subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual exploitation; or (D) Committed the murder or voluntary manslaughter of his or her child's other parent or has been convicted of aiding or abetting, attempting, or soliciting the murder or voluntary manslaughter of his or her child's other parent. (6) 'Biological father' means the male who impregnated the biological mother resulting in the birth of a child.

THURSDAY, FEBRUARY 28, 2013

1317

(7) 'Business day' means Mondays through Fridays and shall not include weekends or legal holidays. (8) 'Caregiver' means any person providing a residence for a child or any person legally obligated to provide or secure adequate care for a child, including his or her parent, guardian, or legal custodian. (9) 'Case plan' means a plan which is designed to ensure that a child receives protection, proper care, and case management and may include services for a child, his or her parent, guardian, or legal custodian, and other caregivers. (10) 'Child' means any individual who is:
(A) Under the age of 18 years; (B) Under the age of 17 years when alleged to have committed a delinquent act; (C) Under the age of 22 years and in the care of DFCS; (D) Under the age of 23 years and eligible for and receiving independent living services through DFCS; or (E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court. (11) 'Child in need of services' means: (A) A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is adjudicated to be:
(i) Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant, as such term is defined in Code Section 15-11381, from school; (ii) Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances; (iii) A runaway, as such term is defined in Code Section 15-11-381; (iv) A child who has committed an offense applicable only to a child; (v) A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of 12:00 Midnight and 5:00 A.M.; (vi) A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or (vii) A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his or her parent, guardian, or legal custodian, or who possesses alcoholic beverages; or (B) A child who has committed a delinquent act and is adjudicated to be in need of supervision but not in need of treatment or rehabilitation. (12) 'Class A designated felony act' means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes: (A) Aggravated assault in violation of paragraph (1) or (3) of subsection (a) or subsection (c), (d), (e), (i), or (l) of Code Section 16-5-21 or assault with a deadly

1318

JOURNAL OF THE HOUSE

weapon or with any object, device, or instrument which, when used offensively against a person, actually does result in serious bodily injury; (B) Aggravated battery; (C) Armed robbery not involving a firearm; (D) Arson in the first degree; (E) Attempted murder; (F) Escape in violation of Code Section 16-10-52, if such child has previously been adjudicated to have committed a class A designated felony act or class B designated felony act; (G) Hijacking a motor vehicle; (H) Kidnapping; (I) Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4; (J) Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1; (K) Any other act which, if committed by an adult, would be a felony in violation of Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for delinquent acts, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; or (L) Any other act which, if committed by an adult, would be a felony, if such child has three times previously been adjudicated for delinquent acts, one of which, if committed by an adult, would have been a felony in violation of Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location. (13) 'Class B designated felony act' means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes: (A) Aggravated assault in violation of subsection (f), (g), or (j) of Code Section 165-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, would be likely to result in serious bodily injury but which did not result in serious bodily injury; (B) Arson in the second degree; (C) Attempted kidnapping; (D) Battery in violation of Code Section 16-5-23.1, if the victim is a teacher or other school personnel; (E) Racketeering in violation of Code Section 16-14-4; (F) Robbery; (G) Participating in criminal gang activity, as defined in subparagraph (H) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4; (H) Smash and grab burglary;

THURSDAY, FEBRUARY 28, 2013

1319

(I) Possessing, manufacturing, transporting, distributing, possessing with the intent to distribute, or offering to distribute a destructive device in violation of Code Section 16-7-82; (J) Distributing certain materials to persons under the age of 21 in violation of Code Section 16-7-84; (K) Any subsequent violation of Code Sections 16-8-2 through 16-8-5 or 16-8-5.2 through 16-8-9, if the property which was the subject of the theft was a motor vehicle and such child has had one or more separate, prior adjudications of delinquency based upon a violation of Code Sections 16-8-2 through 16-8-5 or 168-5.2 through 16-8-9, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (L) Any subsequent violation of Code Section 16-7-85 or 16-7-87, if such child has had one or more separate, prior adjudications of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (M) Any subsequent violation of subsection (b) of Code Section 16-11-132, if such child has had one or more separate, prior adjudications of delinquency based upon a violation of subsection (b) of Code Section 16-11-132, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (N) An act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or which is a first violation of Code Section 16-11-127.1 involving:
(i) A firearm, as defined in paragraph (2) of subsection (a) of Code Section 16-11131; (ii) A dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (iii) Any weapon, as defined in Code Section 16-11-127.1, together with an assault; or (O) Any other act which, if committed by an adult, would be a felony in violation of any chapter of Title 16 other than Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for delinquent acts, all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16 other than Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location. (14) 'Complaint' is the initial document setting out the circumstances that resulted in a child being brought before the court. (15) 'Court' means the juvenile court or the court exercising jurisdiction over juvenile matters.

1320

JOURNAL OF THE HOUSE

(16) 'Court appointed special advocate' or 'CASA' means a community volunteer who:
(A) Has been screened and trained regarding child abuse and neglect, child development, and juvenile court proceedings; (B) Has met all the requirements of an affiliate court appointed special advocate program; (C) Is being actively supervised by an affiliate court appointed special advocate program; and (D) Has been sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. (17) 'Criminal justice purposes' means the performance of any activity directly involving: (A) The investigation, detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused of, convicted of, adjudicated of, or charged with crimes or delinquent acts; or (B) The collection, storage, and dissemination of criminal history record information. (18) 'DBHDD' means the Department of Behavioral Health and Developmental Disabilities. (19) 'Delinquent act' means: (A) An act committed by a child designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the act is not an offense applicable only to a child or a juvenile traffic offense; (B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudicated to have committed a delinquent act; or (C) Failing to appear as required by a citation issued for an act that would be a crime if committed by an adult. (20) 'Delinquent child' means a child who has committed a delinquent act and is in need of treatment or rehabilitation. (21) 'Department' means the Department of Human Services. (22) 'Dependent child' means a child who: (A) Has been abused or neglected and is in need of the protection of the court: (B) Has been placed for care or adoption in violation of law; or (C) Is without his or her parent, guardian, or legal custodian. (23) 'Detention assessment' shall have the same meaning as set forth in Code Section 49-4A-1. (24) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1.

THURSDAY, FEBRUARY 28, 2013

1321

(25) 'Developmental level' is a child's ability to understand and communicate, taking into account such factors as age, maturity, mental capacity, level of education, cultural background, and degree of language acquisition. (26) 'DFCS' means the Division of Family and Children Services of the department. (27) 'Diligent search' means the efforts of DFCS to identify and locate a parent whose identity or location is unknown or a relative or other person who has demonstrated an ongoing commitment to a child. (28) 'DJJ' means the Department of Juvenile Justice. (29) 'Emancipation' means termination of the rights of a parent to the custody, control, services, and earnings of a child. (30) 'Emotional abuse' means acts or omissions by a person responsible for the care of a child that cause any mental injury to such child's intellectual or psychological capacity as evidenced by an observable and significant impairment in such child's ability to function within a child's normal range of performance and behavior or that create a substantial risk of impairment, if the impairment or substantial risk of impairment is diagnosed and confirmed by a licensed mental health professional or physician qualified to render such diagnosis. (31) 'Evaluation' means a comprehensive, individualized examination of a child by an examiner that may include the administration of one or more assessment instruments, diagnosing the type and extent of a child's behavioral health disorders and needs, if any, making specific recommendations, and assessing a child's legal competencies. (32) 'Examiner' means a licensed psychologist, psychiatrist, or clinical social worker who has expertise in child development specific to severe or chronic disability of children attributable to intellectual impairment or mental illness and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both. (33) 'Fictive kin' means a person who is known to a child as a relative, but is not, in fact, related by blood or marriage to such child and with whom such child has resided or had significant contact. (34) 'Foster care' means placement in foster family homes, child care institutions, or another substitute care setting approved by the department. Such term shall exclude secure residential facilities or other facilities operated primarily for the purpose of detention of a child adjudicated for delinquent acts. (35) 'Guardian ad litem' means an individual appointed to assist the court in determining the best interests of a child. (36) 'Guardianship order' means the court judgment that establishes a permanent guardianship and enumerates a permanent guardian's rights and responsibilities concerning the care, custody, and control of a child. (37) 'Identification data' means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of a child. (38) 'Indigent person' means a person who, at the time of requesting an attorney, is unable without undue financial hardship to provide for full payment of an attorney and all other necessary expenses for representation or a child who is a party to a

1322

JOURNAL OF THE HOUSE

dependency proceeding. To determine indigence in a delinquency proceeding, the court shall follow the standards set forth in Chapter 12 of Title 17. (39) 'Informal adjustment' means the disposition of case other than by formal adjudication and disposition. (40) 'Judge' means the judge of the court exercising jurisdiction over juvenile matters. (41) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, DJJ staff member serving as an intake officer, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, who is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention. (42) 'Legal custodian' means:
(A) A person to whom legal custody of a child has been given by order of a court; or (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of such child has been given by order of a court. (43) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who: (A) Has legally adopted a child; (B) Was married to the biological mother of a child at the time such child was conceived or was born, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of a child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (D) Has been determined to be the father of a child by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; (E) Has legitimated a child by a final order pursuant to Code Section 19-7-22; or (F) Has legitimated a child pursuant to Code Section 19-7-22.1. (44) 'Legal mother' means the female who is the biological or adoptive mother of a child and who has not surrendered or had terminated her rights to such child. (45) 'Mediation' means the procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement. (46) 'Mediator' means a neutral third party who attempts to focus the attention of the parties upon their needs and interests rather than upon their rights and positions and who lacks the authority to impose any particular agreement upon the parties or to recommend any particular disposition of the case to the court. (47) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (48) 'Neglect' means:

THURSDAY, FEBRUARY 28, 2013

1323

(A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child's physical, mental, or emotional health or morals; (B) The failure to provide a child with adequate supervision necessary for such child's well-being; or (C) The abandonment of a child by his or her parent, guardian, or legal custodian. (49) 'Nonsecure residential facility' means community residential locations operated by or on behalf of DJJ and may include group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting. (50) 'Other persons who have demonstrated an ongoing commitment to a child' includes fictive kin and other individuals, including but not limited to neighbors, teachers, scout masters, caregivers, or parents of friends of such child and with whom such child has resided or had significant contact. (51) 'Parent' means either the legal father or the legal mother of a child. (52) 'Party' means the state, a child, parent, guardian, legal custodian, or other person subject to any judicial proceeding under this chapter; provided, however, that for purposes of Article 6 of this chapter, only a child and the state shall be a party. (53) 'Permanency plan' means a specific written plan prepared by DFCS designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute long-term home when return to such child's family is not possible or is not in such child's best interests. (54) 'Permanent placement' means: (A) Return of the legal custody of a child to his or her parent; (B) Placement of a child with an adoptive parent pursuant to a final order of adoption; or (C) Placement of a child with a permanent guardian. (55) 'Person responsible for the care of a child' means: (A) An adult member of a child's household; (B) A person exercising supervision over a child for any part of the 24 hour day; or (C) Any adult who, based on his or her relationship to the parent, guardian, or legal custodian or a member of a child's household, has access to such child. (56) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, as such term is defined in Code Section 1613-21, which results in: (A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite thereof in a newborn's body, blood, urine, or meconium that is not the result of medical treatment; or (B) Medically diagnosed and harmful effects in a newborn's physical appearance or functioning. (57) 'Probation and intake officer' means any probation officer and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this chapter,

1324

JOURNAL OF THE HOUSE

other than a juvenile court judge, associate juvenile court judge, or court service worker. (58) 'Probation officer' means any personnel of a juvenile court or staff of DJJ to whom are delegated the duties of a probation officer under this chapter, other than a juvenile court judge or associate juvenile court judge. (59) 'Prosecuting attorney' means an attorney designated by the district attorney of the judicial circuit in which juvenile proceedings are instituted, unless otherwise provided in subsection (c) of Code Section 15-18-6.1. (60) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9. (61) 'Reasonable efforts' means due diligence and the provision of appropriate services. (62) 'Relative' means a person related to a child by blood, marriage, or adoption, including the spouse of any of those persons even if the marriage was terminated by death or dissolution. (63) 'Restitution' means any property, lump sum, or periodic payment ordered to be made to any victim. Restitution may also be in the form of services ordered to be performed by a child. (64) 'Restrictive custody' means in the custody of DJJ for purposes of housing in a secure residential facility or nonsecure residential facility. (65) 'Risk assessment' shall have the same meaning as set forth in Code Section 494A-1. (66) 'Screening' means a relatively brief process to identify a child who potentially may have mental health or substance abuse needs, through administration of a formal screening instrument, to identify a child who may warrant immediate attention or intervention or a further, more comprehensive evaluation. (67) 'Secure residential facility' means a hardware secure residential institution operated by or on behalf of DJJ and shall include a youth development center or a regional youth detention center. (68) 'Services' means assistance including but not limited to care, guidance, education, counseling, supervision, treatment, and rehabilitation or any combination thereof. (69) 'Sexual abuse' means a caregiver or other person responsible for the care of a child employing, using, persuading, inducing, enticing, or coercing any child to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) The condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;

THURSDAY, FEBRUARY 28, 2013

1325

(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure by a licensed health care professional. (70) 'Sexual exploitation' means conduct by a caregiver or other person responsible for the care of a child who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, in violation of Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100. (71) 'Sibling' means a person with whom a child shares one or both parents in common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution. (72) 'Staffing' means a meeting held periodically to develop and review progress on plans for meeting the identified needs of a child. (73) 'Statutory overnight delivery' means delivery of notice as provided in Code Section 9-10-12. (74) 'Unsupervised probation' means a period of probation or community supervision prior to the termination of a child's disposition in which: (A) All of the conditions and limitations imposed by the court in placing such child on probation remain intact; (B) Such child may have reduced reporting requirements; and (C) A probation officer shall not actively supervise such child. (75) 'Visitation' means a period of access to a child by a parent, guardian, legal custodian, sibling, other relative, or any other person who has demonstrated an ongoing commitment to a child in order to maintain parental and familial involvement in a child's life when he or she is not residing with such person. (76) 'Weekend' means Saturday or Sunday.
15-11-3. Through direct calendaring, whenever possible, a single judge shall hear all successive cases or proceedings involving the same child or family.
15-11-4. Where procedures are not provided in this chapter, the court shall proceed in accordance with:
(1) Title 17 in a delinquency proceeding; and (2) Chapter 11 of Title 9 in all other matters.

1326

JOURNAL OF THE HOUSE

15-11-5. (a) When a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weekend, the party having such privilege or duty shall have through the following business day to exercise such privilege or discharge such duty. (b) When the last day prescribed for the exercise of any privilege or the discharge of any duty falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having such privilege or duty shall have through the next business day to exercise such privilege or discharge such duty. (c) When the period of time prescribed is less than seven days, intermediate weekends and legal holidays shall be excluded in the computation.
15-11-6. (a) Except as provided in subsection (b) of this Code section, a child attains a specified age the first second past midnight on the day of the anniversary of such child's birth. (b) A child born on February 29 attains a specified age on March 1 of any year that is not a leap year.
15-11-7. (a) The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 or more years of age that may be in violation of the laws of this state whenever such person is brought before the court in the course of any proceeding instituted under this chapter. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest. (b) When, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make such bail as the court shall deem proper under the circumstances and to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law.
15-11-8. The juvenile court is a court of record having a seal. The judge and the judge's duly appointed representatives shall each have power to administer oaths and affirmations.
15-11-9. The juvenile court judge, associate juvenile court judge, and judge pro tempore shall have authority to issue a warrant for the arrest of any child for an offense committed

THURSDAY, FEBRUARY 28, 2013

1327

against the laws of this state, based either on personal knowledge or the information of others given under oath.
15-11-10. Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:
(1) Concerning any child who: (A) Is alleged to be a delinquent child; (B) Is alleged to be a child in need of services; (C) Is alleged to be a dependent child; (D) Is alleged to be in need of treatment or commitment as a mentally ill or developmentally disabled child; (E) Is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-630; (F) Has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to such child's seventeenth birthday; (G) Has remained in foster care after such child's eighteenth birthday or who is receiving independent living services from DFCS after such child's eighteenth birthday; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of such child and the services being provided to such child as a result of such child's independent living plan or status as a child in foster care; or (H) Requires a comprehensive services plan in accordance with Code Section 1511-658; or
(2) Involving any proceedings: (A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law; (B) For permanent guardianship brought pursuant to the provisions of Article 3 of this chapter; (C) Under Code Section 39-3-2, the Interstate Compact on Juveniles, or any comparable law, enacted or adopted in this state; (D) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of a child, other than that in connection with adoption proceedings under Article 1 of Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of a child; (E) For emancipation brought pursuant to the provisions of Article 10 of this chapter; (F) Under Article 8 of this chapter, relating to prior notice to a parent, guardian, or legal custodian relative to an unemancipated minor's decision to seek an abortion; or

1328

JOURNAL OF THE HOUSE

(G) Brought by a local board of education pursuant to Code Section 20-2-766.1, relating to court orders requiring that a parent, guardian, or legal custodian attend a conference or participate in programs or treatment to improve a student's behavior.
15-11-11. The juvenile court shall have concurrent jurisdiction to hear:
(1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child alleged to be dependent; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The issue of custody and support when the issue is transferred by proper order of the superior court; provided, however, that if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial; and (4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court.
15-11-12. (a) Nothing in this chapter shall be construed to prevent a child from being adjudicated both a dependent child and a delinquent child or both a dependent child and a child in need of services if there exists a factual basis for such a finding. (b) If a child alleged or adjudicated to be a delinquent child or a child in need of services is also alleged or adjudicated to be a dependent child, dependency proceedings may be consolidated with delinquency or child in need of services proceedings to the extent consistent with due process of law as provided in Articles 3, 6, and 7 of this chapter. (c) The time frames and requirements of Article 3 of this chapter shall apply to cases in which a child alleged or adjudicated to be a child in need of services or a delinquent child is placed in foster care and has also been alleged or adjudicated to be a dependent child.
15-11-13. The court shall have jurisdiction to appoint a guardian of the person of any child in any proceeding authorized by this chapter. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons of any child by the probate court. In the event a conservator for a child's property needs to be appointed, the court shall refer that matter to the probate court.
15-11-14. (a) The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8.

THURSDAY, FEBRUARY 28, 2013

1329

(b) After notice and hearing, the court may make one of the following orders: (1) That the temporary guardianship be established or continued if the court determines that the temporary guardianship is in the best interests of a child. The order shall thereafter be subject to modification only as provided in Code Section 1511-32; or (2) That the temporary guardianship be terminated if the court determines it is in the best interests of a child. A child shall be returned to his or her parent unless the court determines that there is probable cause to believe that he or she will be abused, neglected, or abandoned in the custody of his or her parent.
(c) A case shall proceed as a dependency matter pursuant to the provisions of Article 3 of this chapter if, after notice and hearing, the court determines:
(1) That it is in the best interests of a child that the temporary guardianship not be established or that the temporary guardianship be terminated but there is probable cause to believe that he or she will be abused, neglected, or abandoned if returned to his or her parent; or (2) That it is in the best interests of a child that the temporary guardianship be continued over the parent's objection. (d) The court may refer to DFCS for further investigation a case transferred from probate court.
15-11-15. (a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination. (b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court. (c) At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.
15-11-16. (a) A proceeding under this chapter may be commenced:
(1) By an order of transfer of a case from another court as provided in Code Section 15-11-11 or 15-11-567, subsection (f) of Code Section 29-2-6, or subsection (b) of Code Section 29-2-8; (2) By the summons, notice to appear, or other citation in a proceeding charging a juvenile traffic offense or a violation of the laws, rules, and regulations governing the Department of Natural Resources Game and Fish Division; or (3) By the filing of a petition for legitimation under Code Section 15-11-11, or in other cases by the filing of a complaint or a petition as provided in Articles 3, 4, 6, 7, 9, and 11 of this chapter.

1330

JOURNAL OF THE HOUSE

(b) The petition and all other documents in the proceeding shall be entitled 'In the interest of _____, a child,' except upon appeal. (c) On appeal, the anonymity of a child, and where appropriate, a victim or witness who is under the age of 18 years, shall be preserved by appropriate use of a child's, victim's, or witness's initials as appropriate.
15-11-17. (a) All hearings under this chapter shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court. (b) Except as otherwise provided, all hearings shall be conducted in accordance with Title 24. (c) Proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the proceedings. (d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this chapter in any county within the judicial circuit. When a superior court judge sits as a juvenile court judge, hearings in connection with any proceeding under this chapter may be heard before such judge in any county within the judicial circuit over which the judge presides.
15-11-18. Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue subpoenas in accordance with the provisions of Title 24 requiring attendance and testimony of witnesses and production of evidence at any hearing under this chapter. A delinquency proceeding conducted in this state shall be considered a criminal prosecution insofar as the applicability of Article 4 of Chapter 13 of Title 24.
15-11-19. (a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to exclude a child from any part or parts of any proceeding under Article 3 of this chapter if the court determines that it is not in such child's best interests to be present. An attorney for an excluded child shall not be excluded from the proceedings. (b) A person afforded rights under this chapter shall be advised of such rights at that person's first appearance before the court.
15-11-20. (a) At any time during a proceeding under this chapter, the court may refer a case to mediation.

THURSDAY, FEBRUARY 28, 2013

1331

(b) When referring a case to mediation, the court shall take into consideration the guidelines from the Georgia Commission of Dispute Resolution for mediating cases involving domestic violence or family violence. (c) A referral order shall recite that while the parties shall attend a scheduled mediation session and shall attempt to mediate in good faith, such parties shall not be required to reach an agreement. (d) Victims in a delinquency case referred to mediation may attend and participate in such mediation, but shall not be required to do so as a condition of such case being heard by the juvenile court.
15-11-21. (a) Once an order referring a case to mediation has been signed, the court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases. (b) The court shall appoint a qualified mediator within five days of signing the order referring the case to mediation.
15-11-22. (a) The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties' intent to resolve such controversies through mediation, and specify the circumstances under which mediation may continue. The agreement to mediate shall specify the confidentiality requirements of mediation and the exceptions to confidentiality in mediation as such are set forth in the Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices. (b) A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, the absence of bargaining ability, unconscionability, or lack of court jurisdiction. (c) Prior to the parties signing an agreement to mediate, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation. (d) The mediator shall at all times be impartial.
15-11-23. (a) Upon issuing a referral to mediation the court may stay the proceeding. (b) Mediation shall occur as soon as practicable and be scheduled within 30 days of the order referring the matter to mediation unless the time frame is extended by the court. (c) The court may extend the timeline for scheduling a mediation for an additional 30 days.
15-11-24. (a) Either party in a mediation may withdraw from or terminate further participation in mediation at any time.

1332

JOURNAL OF THE HOUSE

(b) A mediator shall terminate mediation when: (1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process; (2) The mediator concludes that a party lacks the capacity to perceive and assert his or her own interests to the degree that a fair agreement cannot be reached; (3) The mediator concludes that an agreement is unlikely; or (4) The mediator concludes that a party is a danger to himself or herself or others.
15-11-25. (a) All mediation agreements shall be presented to the juvenile court judge for approval. (b) The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best interests of the child.
15-11-26. Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of such child's age and developmental needs. Such factors shall include:
(1) The physical safety and welfare of such child, including food, shelter, health, and clothing; (2) The love, affection, bonding, and emotional ties existing between such child and each parent or person available to care for such child; (3) The love, affection, bonding, and emotional ties existing between such child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (4) Such child's need for permanence, including such child's need for stability and continuity of relationships with his or her parent, siblings, other relatives, and any other person who has provided significant care to such child; (5) Such child's sense of attachments, including his or her sense of security and familiarity, and continuity of affection for such child; (6) The capacity and disposition of each parent or person available to care for such child to give him or her love, affection, and guidance and to continue the education and rearing of such child; (7) The home environment of each parent or person available to care for such child considering the promotion of such child's nurturance and safety rather than superficial or material factors; (8) The stability of the family unit and the presence or absence of support systems within the community to benefit such child; (9) The mental and physical health of all individuals involved; (10) The home, school, and community record and history of such child, as well as any health or educational special needs of such child; (11) Such child's community ties, including church, school, and friends;

THURSDAY, FEBRUARY 28, 2013

1333

(12) Such child's background and ties, including familial, cultural, and religious; (13) The least disruptive placement alternative for such child; (14) The uniqueness of every family and child; (15) The risks attendant to entering and being in substitute care; (16) Such child's wishes and long-term goals; (17) The preferences of the persons available to care for such child; (18) Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in any current, past, or considered home for such child; (19) Any recommendation by a court appointed custody evaluator or guardian ad litem; and (20) Any other factors considered by the court to be relevant and proper to its determination.
15-11-27. During the pendency of any proceeding under this chapter, the court may order:
(1) A child to be examined by outside parties or private providers at a suitable place by a physician or psychologist; provided, however, that orders to perform an evaluation shall not be imposed upon any state agency or county government unless such state agency or county government has funds available for such evaluation; and (2) Medical or surgical treatment of a child suffering from a serious physical condition or illness which, in the opinion of a licensed physician, requires prompt treatment, even if the parent, guardian, or legal custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his or her refusal to consent to the treatment.
15-11-28. (a) No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered screenings, shall be admitted into evidence in any adjudication hearing in which a child is accused under this chapter. Such admission, confession, or incriminating information may be considered by the court at disposition. (b) No admission, confession, or incriminating information obtained from a child in the course of any assessment or evaluation, or any treatment that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered detention or risk assessments and evaluations, shall be admitted into evidence against such child, except as rebuttal or impeachment evidence, or used as a basis for such evidence in any future adjudication hearing or criminal proceeding in which such child is accused. Such admission, confession, or incriminating information may be considered by the court at disposition.

1334

JOURNAL OF THE HOUSE

15-11-29. (a) In any proceeding under this chapter, either on application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:
(1) To stay away from a person's home or a child; (2) To permit a parent to visit his or her child at stated periods; (3) To abstain from offensive conduct against a child, his or her parent, or any person to whom custody of such child is awarded; (4) To give proper attention to the care of his or her home; (5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which a child is referred by the court; (6) To refrain from acts of commission or omission that tend to make a home not a proper place for a child; (7) To ensure that a child attends school pursuant to any valid law relating to compulsory attendance; (8) To participate with a child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and (9) To enter into and complete successfully a substance abuse program approved by the court. (b) After notice and opportunity for hearing afforded to a person subject to a protective order, a protective order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby. (c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of a child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.
15-11-30. A legal custodian has the right to physical custody of a child, the right to determine the nature of the care and treatment of such child, including ordinary medical care, and the right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of such child, subject to the conditions and limitations of the order and to the remaining rights and duties of such child's parent or guardian.
15-11-31. (a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish an adult for contempt of court by imprisonment for not more than 20 days or a fine not to exceed $1,000.00 for willfully disobeying an order of the court or

THURSDAY, FEBRUARY 28, 2013

1335

for obstructing or interfering with the proceedings of the court or the enforcement of its orders. (b) The court shall restrict and limit the use of contempt powers with respect to commitment of a child to a secure residential facility or nonsecure residential facility and in no event shall a child solely alleged or adjudicated to be a dependent child be placed in a secure residential facility or nonsecure residential facility. (c) A child may be placed in a secure residential facility or nonsecure residential facility for not more than 72 hours if:
(1) He or she is found in contempt of court; and (2) Less restrictive alternatives have been considered and are unavailable or inappropriate or if such child has already been ordered to serve a less restrictive alternative sanction but failed to comply with the sanction. (d) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity to be heard, the court may impose any or all of the following sanctions when a parent, guardian, or legal custodian other than DJJ or DFCS willfully violates any order issued by the court directed to him or her: (1) Require a child's parent, guardian, or legal custodian to make restitution as provided in Code Section 17-14-5; (2) Reimburse the state for the costs of detention, treatment, or rehabilitation of a child; (3) Require a child's parent, guardian, or legal custodian to participate in a court approved educational or counseling program designed to contribute to the ability to provide proper parental care and supervision of such child, including, but not limited to, parenting classes; or (4) Require a child's parent, guardian, or legal custodian to enter into a contract or plan as a part of the disposition of any charges against such child so as to provide for the supervision and control of such child by his or her parent, guardian, or legal custodian and reunification with such child.
15-11-32. (a) An order of the court shall be set aside if:
(1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action; (2) The court lacked jurisdiction over a necessary party or the subject matter; or (3) Newly discovered evidence so requires. (b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interests of a child except an order of dismissal following a contested adjudicatory hearing. (c) Except as otherwise provided in Code Section 15-11-602, an order committing a child to DJJ may only be modified after such child has been transferred to DJJ custody upon motion of DJJ. (d) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in a child may petition the court for the

1336

JOURNAL OF THE HOUSE

relief provided in this Code section. Such petition shall set forth in clear and concise language the grounds upon which the relief is requested. (e) After a petition seeking relief under this Code section is filed, the court shall fix a time for hearing and shall cause notice to be served on the parties to the proceeding or those affected by the relief sought. After the hearing, the court shall deny or grant relief as the evidence warrants.
15-11-33. (a) Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent to whom the reunification plan is directed. (b) Within 30 days of the filing of the transfer order, the transferring court shall provide the receiving court with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and any other court documents deemed necessary by the transferring court to enable the receiving court to assume jurisdiction over the matter. (c) The transferring court shall retain jurisdiction until the receiving court acknowledges acceptance of the transfer. (d) Compliance with this Code section shall terminate jurisdiction in the transferring court and confer jurisdiction in the receiving court.
15-11-34. Except as otherwise provided by Code Section 17-10-14, a child shall not be committed to an adult correctional facility or other facility used primarily for the execution of sentences of persons convicted of a crime.
15-11-35. In all cases of final judgments of the juvenile court, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded except in the discretion of the trial court; rather, the judgment or order of the court shall stand until reversed or modified by the reviewing court.
15-11-36. (a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court:
(1) The cost of medical and other examinations and treatment of a child ordered by the court; (2) The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than DJJ, but the court may order supplemental payments, if such are necessary or desirable for services;

THURSDAY, FEBRUARY 28, 2013

1337

(3) Reasonable compensation for services and related expenses of an attorney appointed by the court, when appointed by the court to represent a child and when appointed by the court to conduct the proceedings; (4) Reasonable compensation for a guardian ad litem; (5) The expense of service of summons, notices, and subpoenas; travel expenses of witnesses; transportation, subsistence, and detention of a child; and other like expenses incurred in the proceedings under this chapter; and (6) The cost of counseling and counsel and advice required or provided under the provisions of Code Section 15-11-212 or 15-11-601. (b) If, after due notice to the parent or other person legally obligated to care for and support a child and after affording such person an opportunity to be heard, the court finds that such person is financially able to pay all or part of the costs and expenses outlined in subsection (a) of this Code section, the court may order such person to pay the same and prescribe the manner of payment. In addition, the court may order payment from a child's parent or other legally obligated person or entity to reimburse all or part of the costs and expenses of the department or DJJ for treatment, care, and support of a child. Unless otherwise ordered, payment shall be made to the clerk of the court for remittance to the person or agency, including the department or DJJ, to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county.
15-11-37. (a) The court may collect supervision fees from those who are placed under the court's formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:
(1) Housing in nonsecure residential facilities; (2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Mediation; (5) Transportation to and from court ordered services; (6) Truancy intervention services; (7) Restitution programs; (8) Job development or work experience programs; (9) Community services; and (10) Any other additional programs or services needed to meet the best interests, development, and rehabilitation of a child. (b)(1) The juvenile court may order each delinquent child or child in need of services who receives supervision to pay to the clerk of the court:
(A) An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and (B) A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that a child receives supervision.

1338

JOURNAL OF THE HOUSE

(2) A child and his or her parent, guardian, or legal custodian may be jointly and severally liable for the payment of fees set forth in paragraph (1) of this subsection and shall be subject to the enforcement procedure in subsection (b) of Code Section 15-11-36. The judge shall provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by such child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by the treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing community services described in subsection (a) of this Code section to child offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. (c) The clerk of the court shall be responsible for collections of fees as ordered by the court. (d) For the purpose of this Code section, the term 'legal custodian' shall not be interpreted or construed to include the department or DJJ.
15-11-38. (a) Any court may order the establishment of a community based risk reduction program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in need of services so long as the court determines that sufficient funds are available for such programs. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program. (b) As part of a risk reduction program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The court's involvement shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program. (c) As part of an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, DJJ, any state or local department or agency, any mental health agency or institution, local physicians or

THURSDAY, FEBRUARY 28, 2013

1339

health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize the exchange of confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in Code Section 15-11-40. (d) When any agency or entity participating in a protocol agreement identifies a child who is at risk of becoming a delinquent child, dependent child, or child in need of services, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for such child. Such child or his or her parent, or both, may be present during any review of such child's case by the panel. A child's parent, guardian, or legal custodian shall be notified of the intervention plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, other than the judge, shall work with the other agencies involved to educate a child's parent, guardian, or legal custodian and such child on the importance of following the intervention plan and on the consequences if anyone is referred to the court. If an intervention plan is developed for a child and his or her parent, guardian, or legal custodian consents to such plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to DFCS.
15-11-39. (a) In any jurisdiction within which a risk reduction program has been established, when a child comes before the court for disposition, the court may order that a risk assessment or risk and needs assessment, as defined in Code Section 49-4A-1, be made of such child and the circumstances resulting in such child being before the court. (b) If the results of a risk assessment or risk and needs assessment, as defined in Code Section 49-4A-1, demonstrates a need for a case plan, the court may order that a case plan be developed by a panel representing community agencies as authorized by the court. A case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist a child. (c) A case plan shall be served on a child and his or her parent, guardian, or legal custodian. A case plan shall also include a cover letter which contains the following information:
(1) Sources to explain the process, procedures, and penalties for not responding to the court order in the prescribed time frame; and (2) The deadline for responding to the court order and stating objections to the case plan or any portion thereof is ten days from the date of service. (d) If no objection is made or if a child and his or her parent, guardian, or legal custodian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time such child is under the jurisdiction of the court.

1340

JOURNAL OF THE HOUSE

(e) If a child or his or her parent, guardian, or legal custodian objects to the case plan, the court shall conduct a hearing. The court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 15-11-29, without the necessity of a show cause hearing, unless objection is made to the case plan.
15-11-40. (a) Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduction program may exchange, as necessary, information, medical records, school records, immigration records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in such program if such exchange of information is ordered by the court or consented to by the parties. Such information shall be used by such individuals and agencies only for the purposes provided in this chapter and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential as required by state and federal law and the court may punish any violations of confidentiality as contempt of court. (b) Any person who authorizes or permits any unauthorized person or agency to have access to confidential records or reports of child abuse shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain confidential records or reports of child abuse or information contained therein shall be guilty of a misdemeanor. (c) Confidential records or reports of child abuse and information obtained from such records may not be made a part of any record which is open to the public except that a prosecuting attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. (d) This Code section shall not abridge the provisions relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.
15-11-41. (a) Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information:

THURSDAY, FEBRUARY 28, 2013

1341

(1) For release of child abuse records by the department, a subpoena and subsequent order of the court requiring the release of such information in accordance with Code Section 49-5-41; (2) For release of information relating to diagnosis, prognosis, or treatment of drug and alcohol abuse:
(A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; or (C) A subpoena requiring the release of such information and protective order of the court regarding the release of such information; and (3) For release of confidential health, mental health, or education records: (A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; (C) A subpoena requiring the release of such information; or (D) An order of the court requiring the release of such information. (b) In issuing an order for the release of information under this Code section, the court may: (1) Include protections against further disclosure of the information; (2) Limit the purposes for which the information may be used; and (3) Require records to be redacted so that only relevant information is shared. (c) Nothing in this Code section shall be deemed to replace the responsibility of entities governed by federal and state privacy laws to comply with such laws. (d) Nothing in this Code section shall be construed as barring or limiting the release of confidential information referred to in this Code section pursuant to a search warrant.

1342

JOURNAL OF THE HOUSE

ARTICLE 2
15-11-50. (a) There is created a juvenile court in every county in the state. (b) Except where election is provided by local law, the judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed shall have the authority to act as judge of each juvenile court in each county of the circuit. (c) If no person is appointed as a juvenile court judge for a circuit, then a superior court judge of the circuit shall as part of the duties of the superior court judge assume the duties of the juvenile court judge in all counties in the circuit in which a separate juvenile court judgeship has not been established. (d) All juvenile court judgeships established on or before October 1, 2000, and their methods of compensation, selection, and operation shall continue until such time as one or more circuit-wide juvenile court judges are appointed. However, in any circuit where a superior court judge assumes the duties of the juvenile court judge, such circuit shall not be entitled to the state funds provided for in Code Section 15-11-52. (e) When one or more circuit-wide juvenile court judges are appointed or elected, any juvenile court judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit wide. (f) After the initial appointments and prior to any subsequent appointment or reappointment of any part-time or full-time juvenile court judge, the judge or judges responsible for making the appointment shall publish notice of the vacancy of the juvenile court judgeship once a month for three months prior to such appointment or reappointment. Such notice shall be published in the official legal organ of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice is published. (g) In the event that more than one juvenile court judge is appointed, one judge shall be designated presiding judge. (h) In any case in which action under this Code section is to be taken by a superior court judge of the circuit, such action shall be taken as follows:
(1) Where there are one or two superior court judges, such action shall be taken by the chief judge of the circuit; and (2) Where there are more than two superior court judges, such action shall be taken by a majority vote of the judges of the circuit.
15-11-51. (a) No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of this state

THURSDAY, FEBRUARY 28, 2013

1343

for three years, is a member of the State Bar of Georgia, and has practiced law for five years. (b) A juvenile court judge shall be eligible for reappointment or reelection.

15-11-52.

(a) Each appointed juvenile court judge shall serve for a term of four years.

(b) The compensation of the full-time or part-time juvenile court judges shall be set by

the superior court with the approval of the governing authority or governing authorities

of the county or counties for which the juvenile court judge is appointed.

(c) Out of funds appropriated to the judicial branch of government, the state shall

contribute toward the salary of the judges on a per circuit basis in the following

amounts:

(1) Each circuit with one or more juvenile court judges who are not superior court

judges assuming the duties of juvenile court judges shall receive a state base grant of

$85,000.00;

(2) In addition to this base amount, each circuit which has more than four superior

court judges shall be eligible for additional state grants. For each superior court judge

who exceeds the base of four judges, the circuit shall be eligible for an additional

grant in an amount equal to one-fourth of the base amount of the state grant;

(3) In circuits where the superior court judges elect to use the state grant for one or

more part-time judges, the amount of the state grant shall be as follows:

(A) For each part-time judge who works one day weekly

$17,000.00

(B) For each part-time judge who works two days weekly 34,000.00

(C) For each part-time judge who works three days weekly 51,000.00

(D) For each part-time judge who works four days weekly 68,000.00;

provided, however, that a grant for one or more part-time judges shall not exceed the

amount the circuit is eligible for in accordance with paragraphs (1) and (2) of this

subsection; and

(4) All state grants provided by this subsection shall be spent solely on salaries for

juvenile court judges and shall not be used for any other purposes.

15-11-53. (a) It shall be unlawful for any full-time juvenile court judge to engage in any practice of law outside his or her role as a juvenile court judge. (b) It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in the court to which he or she is assigned or in any other court in any case, proceeding, or any other matters of which it has pending jurisdiction or has had jurisdiction. (c) It shall be unlawful for any juvenile court judge, full time or part time, to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in court, except such advice or counsel as a judge is called upon to give while performing the duties of a juvenile court judge.

1344

JOURNAL OF THE HOUSE

15-11-54. (a) Each juvenile court shall be assigned and attached to the superior court of the county for administrative purposes. (b) The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro rata contribution toward the costs of such benefits, based on county population. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System provided by Chapter 23 of Title 47. (c) Except for state base grants provided by Code Section 15-11-52, all expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.
15-11-55. (a) To the extent that the provisions of this article conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern. (b) The state grants provided by Code Section 15-11-52 shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide juvenile court judges, whether the judge or judges shall be full time or part time or a combination of full time and part time, and the compensation of any part-time juvenile court judge or judges.
15-11-56. (a) No person who is serving as a full-time juvenile court judge shall at the same time hold the office of judge of any other class of court of this state. (b) No person serving as a juvenile court judge after being elected juvenile court judge pursuant to a local law authorized by a constitutional amendment shall at the same time hold the office of judge of any other class of court of this state. (c) Nothing in this Code section shall prevent any duly appointed or elected juvenile court judge from sitting by designation as a superior court judge pursuant to Code Section 15-1-9.1.

THURSDAY, FEBRUARY 28, 2013

1345

15-11-57. (a) Whenever a juvenile court judge is appointed it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of such order, the Secretary of State shall issue a commission as for superior court judges. (b) Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the juvenile court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges.
15-11-58. (a) All of the judges and associate judges of the courts exercising jurisdiction over children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairperson of the council. (b) The Council of Juvenile Court Judges:
(1) Shall meet at stated times to be fixed by it or on call of the chairperson; (2) May establish general policies for the conduct of courts exercising jurisdiction over children; (3) May promulgate uniform rules and forms governing procedures and practices of the courts; (4) Shall publish in print or electronically an annual report of the work of the courts exercising jurisdiction over children, which shall include statistical and other data on the courts' work and services, research studies the council may make of the problems of children and families dealt with by the courts, and any recommendations for legislation; and (5) Shall be authorized to inspect and copy records of the courts, law enforcement agencies, the department, and DJJ for the purpose of compiling statistical data on children. (c) Subject to the approval of the Council of Juvenile Court Judges, the presiding judge of the council shall appoint a chief administrative and executive officer for the council who shall have the title of director of the Council of Juvenile Court Judges. Under the general supervision of the presiding judge of the council and within the policies established by the council, the director shall: (1) Provide consultation to the courts regarding the administration of court services and the recruitment and training of personnel; (2) Make recommendations to the council for improvement in court services; (3) With the approval of the presiding judge, appoint consultants and necessary clerical personnel to perform the duties assigned to the council and the director; (4) Collect necessary statistics and prepare an annual report of the work of the courts;

1346

JOURNAL OF THE HOUSE

(5) Promulgate in cooperation with DJJ standard procedures for coordinating DJJ and county juvenile probation services throughout this state; and (6) Perform such other duties as the presiding judge of the council shall specify.
15-11-59. (a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to such seminars by court rules properly adopted. (b) Seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system. (c) Expenses of administration of seminar programs and actual expenses incurred by the judges or associate juvenile court judges in attending such seminars shall be paid from state funds appropriated for the council for such purpose, from federal funds available to the council for such purpose, or from other sources. Judges and associate juvenile court judges shall receive the same expense and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. (d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall receive training appropriate to the role and participate in at least 12 hours of continuing legal education or continuing judicial education established or approved by the council each year and meet such rules as established by the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction unless the council certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointment; provided, however, that the council may in hardship cases extend deadlines for compliance with this Code section.
15-11-60. (a) A judge may appoint one or more persons to serve as associate juvenile court judges in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. (b) Each associate juvenile court judge shall have the same qualifications as required for a judge of the juvenile court as provided in Code Section 15-11-51; provided, however, that any person serving as an associate juvenile court judge on July 1, 2007,

THURSDAY, FEBRUARY 28, 2013

1347

shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
15-11-61. (a) The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full-time or part-time basis. (b) An associate juvenile court traffic judge shall be a member of the State Bar of Georgia. (c) The compensation of associate juvenile court traffic judges shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.
15-11-62. (a) In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, or any duly appointed juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint. (b) The person appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services.
15-11-63. (a) The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this chapter. (b) The salary, tenure, compensation, and all other conditions of employment of such employees shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of the employees shall be paid out of county funds. (c) Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing.
15-11-64. Each clerk of the juvenile court shall collect the following information for each child in need of services, delinquent child, and child accused of a class A designated felony act or class B designated felony act and provide such information to DJJ as frequently as requested by DJJ:
(1) Name; (2) Date of birth; (3) Sex;

1348

JOURNAL OF THE HOUSE

(4) Race; (5) Offense charged; (6) Location of the offense, including the name of the school if the offense occurred in a school safety zone, as defined in Code Section 16-11-127.1; (7) The name of the referral source, including the name of the school if the referring source was a school; (8) Disposition of the case; and (9) Date of and authority for commitment, if applicable.
15-11-65. (a) Any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties. (b) In each year after the initial appointment, any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk. (c) Training pursuant to this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by the institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing authority of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources. (d) A judge of the juvenile court shall appoint a clerk pro tempore for that court in order for the regular clerk to attend required training. Such clerk pro tempore shall not be required to meet the training requirements for performing the clerk's duties. (e) The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity.
15-11-66. (a) The judge may appoint one or more probation and intake officers. (b) The salaries of the probation and intake officers shall be fixed by the judge with the approval of the governing authority of the county or counties for which he or she is appointed and shall be payable from county funds.
15-11-67. (a) A county juvenile probation officer or DJJ staff member serving as a juvenile probation officer:
(1) Shall make investigations, reports, and recommendations to the court as directed by this chapter;

THURSDAY, FEBRUARY 28, 2013

1349

(2) Shall supervise and assist a child placed on probation or under the protective supervision or care of such probation officer by order of the court or other authority of law; (3) May, unless otherwise ordered by the court, determine if a child should be placed on unsupervised probation and, if so, place a child on unsupervised probation; (4) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable; (5) May take into custody and detain a child who is under the supervision or care of such probation officer if the probation officer has reasonable cause to believe that such child's health or safety or that of another is in imminent danger or that such child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this chapter; (6) May not conduct accusatory proceedings against a child who is or may be under such probation officer's care or supervision; (7) Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and (8) Other laws to the contrary notwithstanding, no probation officer shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted. (b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as probation officers.
15-11-68. (a) A juvenile court intake officer:
(1) Shall receive and examine complaints and charges of delinquency, of dependency, or that a child is a child in need of services for the purpose of considering the commencement of proceedings under this chapter; (2) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable; (3) Shall compile on a regular basis the case files or a report on those cases that were informally adjusted for review by the judge; (4) May not conduct accusatory proceedings against a child or draft judicial orders, official charges, or any other document which is required to be drafted by an attorney; (5) Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter; and (6) Except as provided in Article I, Section II, Paragraph IX(d) of the Constitution, no county juvenile court intake officer, or DJJ staff member serving as a juvenile court intake officer, shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted.

1350

JOURNAL OF THE HOUSE

(b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as juvenile court intake officers.
15-11-69. (a) The probation and intake services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and be fully funded through DJJ. The probation and intake officers of juvenile courts of those counties whose probation and intake services are transferred pursuant to this Code section shall become DJJ employees on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other DJJ personnel policies, except that the salaries of such employees shall not be reduced as a result of becoming DJJ employees. (b) The probation and intake services of the juvenile court of a county may be transferred to DJJ by a local Act of the General Assembly that approves such transfer. (c) Persons who were probation and intake officers of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake officers to and became a part of the state-wide juvenile and intake services system fully funded through DJJ before January 1, 1999, shall be covered employees in the classified service as defined in Code Section 45-20-2.
ARTICLE 3 Part 1
15-11-100. The purpose of this article is:
(1) To assist and protect children whose physical or mental health and welfare is substantially at risk of harm from abuse, neglect, or exploitation and who may be further threatened by the conduct of others by providing for the resolution of dependency proceedings in juvenile court; (2) To ensure that dependency proceedings are conducted expeditiously to avoid delays in permanency plans for children; (3) To provide the greatest protection as promptly as possible for children; and (4) To ensure that the health, safety, and best interests of a child be the paramount concern in all dependency proceedings.
15-11-101. (a) If necessary, the investigator of a report of child abuse and neglect may apply to the court for certain medical examinations and evaluations of a child or other children in the household. (b) Upon a showing of probable cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of a child or other children in the household by a physician. Such order may be granted ex parte.

THURSDAY, FEBRUARY 28, 2013

1351

(c) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a psychological or psychiatric examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional. (d) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a forensic examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional. (e) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a physical, psychological, or psychiatric examination of a child's parent, guardian, or legal custodian.
15-11-102. (a) A preliminary protective hearing shall be held promptly and no later than 72 hours after a child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, such hearing shall be held on the next day which is not a weekend or legal holiday. (b) If a child was not taken into protective custody or is released from foster care at a preliminary protective hearing, the following time frames apply:
(1) A petition for dependency shall be filed within 30 days of the child's preliminary protective hearing; (2) Summons shall be served at least 72 hours before the dependency adjudication hearing; (3) The dependency adjudication hearing shall be held no later than 60 days after the filing of a petition for dependency; and (4) If the child's dispositional hearing is not held in conjunction with the dependency adjudication hearing, it shall be held and completed within 30 days after the conclusion of the dependency adjudication hearing. (c) If a child is not released from foster care at the preliminary protective hearing, the following time frames apply: (1) A petition for dependency shall be filed within five days of the child's preliminary protective hearing; (2) Summons shall be served at least 72 hours before the dependency adjudication hearing; (3) The dependency adjudication hearing shall be held no later than ten days after the filing of a petition for dependency; (4) DFCS shall submit to the court its written report within 30 days of the date a child who is placed in the custody of DFCS is removed from the home and at each subsequent review of the disposition order. If the DFCS report does not contain a plan for reunification services, a nonreunification hearing shall be held no later than 30 days from the time the report is filed; and

1352

JOURNAL OF THE HOUSE

(5) If a dispositional hearing is not held in conjunction with the dependency adjudication hearing, it shall be held and completed within 30 days after the conclusion of the dependency adjudication hearing. (d) An initial periodic review hearing shall be held within 75 days following a child's removal from his or her home. An additional periodic review shall be held within four months following such initial review. (e) Permanency plan hearings shall be held no later than 30 days after DFCS has submitted a written report to the court which does not provide a plan for reunification services or: (1) For children under seven years of age at the time a petition for dependency is filed, no later than nine months after such child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while such child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved; or (2) For children seven years of age and older at the time a petition is filed, no later than 12 months after such child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while such child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved. (f) A supplemental order of the court adopting a child's permanency plan shall be entered within 30 days after the court has determined that reunification efforts need not be made by DFCS.
15-11-103. (a) A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for an alleged dependent child. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child. (c) A child's attorney owes to his or her client the duties imposed by the law of this state in an attorney-client relationship. (d) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding. (e) An attorney appointed to represent a child in a dependency proceeding shall continue the representation in any subsequent appeals unless excused by the court. (f) Neither a child nor a representative of a child may waive a child's right to an attorney in a dependency proceeding. (g) A party other than a child shall be informed of his or her right to an attorney prior to any hearing. A party other than a child shall be given an opportunity to:

THURSDAY, FEBRUARY 28, 2013

1353

(1) Obtain and employ an attorney of such party's own choice; (2) Obtain a court appointed attorney if the court determines that such party is an indigent person; or (3) Waive the right to an attorney.
15-11-104. (a) The court shall appoint a guardian ad litem for an alleged dependent child. (b) An attorney for an alleged dependent child may serve as such child's guardian ad litem unless or until there is conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (c) A party to the proceeding, the employee or representative of a party to the proceeding, or any other individual with a conflict of interest shall not be appointed as guardian ad litem. (d) A court shall appoint a CASA to act as guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem. (e) A lay guardian shall not engage in activities which could reasonably be construed as the practice of law. (f) Before the appointment as a guardian ad litem, such person shall have received training appropriate to the role as guardian ad litem which is administered or approved by the Office of the Child Advocate for the Protection of Children. For attorneys, preappointment guardian ad litem training shall be satisfied within the attorney's existing continuing legal education obligations and shall not require the attorney to complete additional training hours in addition to the hours required by the State Bar of Georgia. (g) Any volunteer guardian ad litem authorized and acting in good faith, in the absence of fraud or malice and in accordance with the duties required by this Code section, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. (h) The court may remove a guardian ad litem from a case upon finding that the guardian ad litem acted in a manner contrary to a child's best interests, has not appropriately participated in the case, or if the court otherwise deems continued service as inappropriate or unnecessary. (i) A guardian ad litem shall not engage in ex parte contact with the court except as otherwise provided by law. (j) The court, a child, or any other party may compel a guardian ad litem for a child to attend a trial or hearing relating to such child and to testify, if appropriate, as to the proper disposition of a proceeding. (k) The court shall ensure that parties have the ability to challenge recommendations made by the guardian ad litem or the factual basis for the recommendations in accordance with the rules of evidence applicable to the specific proceeding.

1354

JOURNAL OF THE HOUSE

(l) A guardian ad litem's report shall not be admissible into evidence prior to the disposition hearing except in accordance with the rules of evidence applicable to the specific proceeding. (m) A guardian ad litem who is not also serving as attorney for a child may be called as a witness for the purpose of cross-examination regarding the guardian ad litem's report even if the guardian ad litem is not identified as a witness by a party.
15-11-105. (a) A guardian ad litem shall advocate for a child's best interests in the proceeding for which the guardian ad litem has been appointed. (b) In determining a child's best interests, a guardian ad litem shall consider and evaluate all of the factors affecting the best interests of a child in the context of a child's age and developmental needs. Such factors shall include:
(1) The physical safety and welfare of such child, including food, shelter, health, and clothing; (2) The mental and physical health of all individuals involved; (3) Evidence of domestic violence in any current, past, or considered home for such child; (4) Such child's background and ties, including familial, cultural, and religious; (5) Such child's sense of attachments, including his or her sense of security and familiarity and continuity of affection for the child; (6) The least disruptive placement alternative for such child; (7) The child's wishes and long-term goals; (8) The child's community ties, including church, school, and friends; (9) The child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives; (10) The uniqueness of every family and child; (11) The risks attendant to entering and being in substitute care; (12) The preferences of the persons available to care for such child; and (13) Any other factors considered by the guardian ad litem to be relevant and proper to his or her determination. (c) Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall at a minimum: (1) Maintain regular and sufficient in-person contact with the child and, in a manner appropriate to his or her developmental level, meet with and interview such child prior to custody hearings, adjudication hearings, disposition hearings, judicial reviews, and any other hearings scheduled in accordance with the provisions of this chapter; (2) In a manner appropriate to such child's developmental level, ascertain such child's needs, circumstances, and views; (3) Conduct an independent assessment to determine the facts and circumstances surrounding the case;

THURSDAY, FEBRUARY 28, 2013

1355

(4) Consult with the child's attorney, if appointed separately, regarding the issues in the proceeding; (5) Communicate with health care, mental health care, and other professionals involved with such child's case; (6) Review case study and educational, medical, psychological, and other relevant reports relating to such child and the respondents; (7) Review all court related documents; (8) Attend all court hearings and other proceedings to advocate for such child's best interests; (9) Advocate for timely court hearings to obtain permanency for such child; (10) Protect the cultural needs of such child; (11) Contact the child prior to any proposed change in such child's placement; (12) Contact the child after changes in such child's placement; (13) Request a judicial citizen review panel or judicial review of the case; (14) Attend citizen panel review hearings concerning such child and if unable to attend the hearings, forward to the panel a letter setting forth such child's status during the period since the last citizen panel review and include an assessment of the DFCS permanency and treatment plans; (15) Provide written reports to the court and the parties on the child's best interests, including, but not limited to, recommendations regarding placement of such child, updates on such child's adjustment to placement, DFCS's and respondent's compliance with prior court orders and treatment plans, such child's degree of participation during visitations, and any other recommendations based on the best interests of the child; (16) When appropriate, encourage settlement and the use of any alternative forms of dispute resolution and participate in such processes to the extent permitted; and (17) Monitor compliance with the case plan and all court orders. (d)(1) Except as provided in Article 11 of this chapter, a guardian ad litem shall receive notices, pleadings, or other documents required to be provided to or served upon a party and shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant changes of circumstances of a child's case which he or she is appointed to the same extent and in the same manner as the parties to the case are notified of such matters. (2) A guardian ad litem shall be notified of the formulation of any case plan of a child's case which he or she is appointed and may be given the opportunity to be heard by the court about such plans. (e) Upon presentation of an order appointing a guardian ad litem, such guardian ad litem shall have access to all records and information relevant to a child's case to which he or she is appointed when such records and information are not otherwise protected from disclosure pursuant to Code Section 19-7-5. Such records and information shall not include records and information provided under Article 11 of this chapter or provided under Chapter 4A of Title 49.

1356

JOURNAL OF THE HOUSE

(f) All records and information acquired or reviewed by a guardian ad litem during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court. (g) Except as provided in Code Section 49-5-41, regarding access to records, any guardian ad litem who discloses confidential information obtained during the course of his or her appointment, in violation of law, shall be guilty of a misdemeanor. A guardian ad litem shall maintain all information and records regarding mental health, developmental disability, and substance abuse according to the confidentiality requirements contained in Code Section 37-3-166, 37-4-125, or 37-7-166, as applicable. (h) In the event of a change of venue, the original guardian ad litem shall, as soon as possible, communicate with the appointed guardian ad litem in the new venue and shall forward all pertinent information to the new guardian ad litem.
15-11-106. (a)(1) Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not be assigned a case prior to being sworn in by a juvenile court judge as set forth in this paragraph. (2) If a juvenile court judge determines that a child involved in a dependency proceeding needs a CASA, the judge shall have the authority to appoint a CASA, and in such circumstance shall sign an order appointing a CASA at the earliest possible stage of the proceedings. Such order shall impose on a CASA all the duties, rights, and responsibilities set forth in this Code section and Code Sections 15-11-104 and 15-11-105.
(b) The role of a CASA in juvenile court dependency proceedings shall be to advocate for the best interests of the child. (c) In addition to the reasons stated in subsection (h) of Code Section 15-11-104, the court may discharge a CASA upon finding that the CASA has acted in a manner contrary to the mission and purpose of the affiliate court appointed special advocate program.
15-11-107. (a) A parent, guardian, or legal custodian's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for considering his or her child to be a dependent child; provided, however, that the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability. (b) In order to make a determination as to whether a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order a medical evaluation of a child.

THURSDAY, FEBRUARY 28, 2013

1357

(c) If the court determines, on the basis of any relevant evidence before the court, including the court ordered medical evaluation and the affidavit of the attending physician, that a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order that medical treatment be provided for such child. (d) A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to be a dependent child and the court may find the parent, guardian, or legal custodian in contempt and enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.
15-11-108. (a) The court shall give to all parties written notice of the date, time, place, and purpose of the following postadjudication hearings or reviews:
(1) Nonreunification hearings; (2) Disposition hearings; (3) Periodic review hearings; (4) Periodic reviews by judicial citizen review panel; (5) Permanency plan hearings; (6) Termination of parental rights hearings; and (7) Posttermination of parental rights review hearings. (b) Issuance and service of summons, when appropriate, shall comply with the requirements of Code Sections 15-11-160 and 15-11-161. (c) Unless otherwise provided in this chapter, written notice shall be delivered to the recipient at least 72 hours before the hearing or review by United States mail, e-mail, or hand delivery.
15-11-109. (a) In advance of each hearing or review, DFCS shall give written notice of the date, time, place, and purpose of the review or hearing, including the right to be heard, to the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing, except in the case of preliminary protective hearings or emergency hearings when such notice is not possible, by United States mail, e-mail, or hand delivery. (b) Notice of a hearing or review shall not be construed to require a legal custodian, foster parent, preadoptive parent, or relative caring for a child to be made a party to the hearing or review solely on the basis of such notice and opportunity to be heard.
15-11-110. (a) Upon request of an attorney for a party, the court may continue any hearing under this article beyond the time limit within which the hearing is otherwise required to be held; provided, however, that no continuance shall be granted that is contrary to the

1358

JOURNAL OF THE HOUSE

interests of the child. In considering a child's interests, the court shall give substantial weight to a child's need for prompt resolution of his or her custody status, the need to provide a child with a stable environment, and the damage to a child of prolonged temporary placements. (b) Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record. (c) A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Except as otherwise provided by judicial rules governing attorney conflict resolution, a pending criminal prosecution or family law matter shall not constitute good cause. The need for discovery shall not constitute good cause. (d) In any case in which a child or his or her parent, guardian, or legal custodian is represented by an attorney and no objection is made to an order continuing any such hearing beyond the time limit, the absence of such an objection shall be deemed a consent to the continuance; provided, however, that even with consent, the court shall decide whether to grant the continuance in accordance with subsection (a) of this Code section.
15-11-111. (a) At any hearing held with respect to a child, the court in its discretion, and based upon the evidence, may enter an order:
(1) Accepting or rejecting any DFCS report; (2) Ordering an additional evaluation; or (3) Undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the child's best interests. (b) The court's order: (1) May incorporate all or part of the DFCS report; and (2) Shall include findings of fact which reflect the court's consideration of the oral and written testimony offered by all parties, as well as nonparties, who are required to be provided with notice and a right to be heard in any hearing to be held with respect to a child, and DFCS.
15-11-112. (a) When a child is removed from his or her home, the court shall order reasonable visitation that is consistent with the age and developmental needs of a child if the court finds that it is in a child's best interests. The court's order shall specify the frequency, duration, and terms of visitation including whether or not visitation shall be supervised or unsupervised. (b) There shall be a presumption that visitation shall be unsupervised unless the court finds that unsupervised visitation is not in a child's best interests. (c) Within 30 days of the court finding that there is a lack of substantial progress towards completion of a case plan, the court shall review the terms of visitation and

THURSDAY, FEBRUARY 28, 2013

1359

determine whether the terms continue to be appropriate for a child or whether the terms need to be modified.
15-11-113. When a child is alleged to be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier.
Part 2
15-11-125. (a) A proceeding under this article may be commenced:
(1) In the county in which a child legally resides; or (2) In the county in which a child is present when the proceeding is commenced if such child is present without his or her parent, guardian, or legal custodian or the acts underlying the dependency allegation are alleged to have occurred in that county. (b) For the convenience of the parties, the court may transfer the proceeding to the county in which a child legally resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.
Part 3
15-11-130. (a) Notwithstanding Code Sections 15-11-133 and 15-11-135, DFCS shall be authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when:
(1) As a result of an emergency or illness, the person who has physical and legal custody of a child is unable to provide for the care and supervision of such child, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that DFCS exercise such emergency custody; and (2) A child is not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker. (b) During the period when a child is in the temporary care and supervision of DFCS, DFCS shall endeavor to place such child with a relative of such child's parent, guardian, or legal custodian, in foster care, or in emergency foster care or shall make other appropriate placement arrangements. DFCS shall have the same rights and powers with regard to such child as does his or her parent, guardian, or legal custodian including the right to consent to medical treatment.

1360

JOURNAL OF THE HOUSE

(c) Immediately upon receiving custody of a child, DFCS shall begin a diligent search for a relative or other designee of a child's parent who can provide for the care and supervision of such child. (d) At any time during such seven-day period, and upon notification to DFCS that a child's parent, guardian, or legal custodian or an expressly authorized relative, or designee thereof, is able to provide care to and exercise control over a child, DFCS shall release such child to the person having custody of such child at the time such child was taken into DFCS custody or to such person's authorized relative or designee. (e) Upon the expiration of such seven-day period, if a child has not been released or if DFCS determines that there is an issue of neglect, abandonment, or abuse, DFCS shall promptly contact a juvenile court intake officer or bring such child before the juvenile court. If, upon making an investigation, the juvenile court intake officer finds that foster care is warranted for such child, then, for purposes of this chapter, such child shall be deemed to have been placed in foster care at the time such finding was made and DFCS may file a dependency petition. (f) DFCS and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision in accordance with this Code section, for consenting to medical treatment for a child, and for releasing a child.
15-11-131. (a) Notwithstanding Code Section 15-11-133, a physician licensed to practice medicine in this state who is treating a child may take or retain temporary protective custody of such child, without a court order and without the consent of his or her parent, guardian, or legal custodian, provided that:
(1) A physician has reasonable cause to believe that such child is in a circumstance or condition that presents an imminent danger to such child's life or health as a result of suspected abuse or neglect; or (2) There is reasonable cause to believe that such child has been abused or neglected and there is not sufficient time for a court order to be obtained for temporary custody of such child before such child may be removed from the presence of the physician. (b) A physician holding a child in temporary protective custody shall: (1) Make reasonable and diligent efforts to inform the child's parents, guardian, or legal custodian of the whereabouts of such child; (2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child and inform DFCS that such child has been held in temporary custody; and (3) Not later than 24 hours after such child is held in temporary custody:
(A) Contact a juvenile court intake officer, and inform such intake officer that such child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or (B) Contact a law enforcement officer who shall take such child and promptly bring such child before a juvenile court intake officer.

THURSDAY, FEBRUARY 28, 2013

1361

(c) A child who meets the requirements for inpatient admission shall be retained in a hospital or institution until such time as such child is medically ready for discharge. Upon notification by the hospital or institution to DFCS that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician and such child has been placed in DFCS custody, DFCS shall take physical custody of such child within six hours of being notified. (d) If a juvenile court intake officer determines that a child is to be placed in foster care and the court orders that such child be placed in DFCS custody, then:
(1) If such child remains in the physical care of the physician, DFCS shall take physical possession of such child within six hours of being notified by the physician, unless such child meets the criteria for admission to a hospital or other medical institution or facility; or (2) If such child has been brought before the court by a law enforcement officer, DFCS shall promptly take physical possession of such child. (e) If a juvenile court intake officer determines that a child should not be placed in foster care, such child shall be released. (f) If a child is placed in foster care, then the court shall notify such child's parents, guardian, or legal custodian, the physician, and DFCS of the preliminary protective hearing which is to be held within 72 hours. (g) If after the preliminary protective hearing a child is not released, DFCS shall file a petition alleging dependency in accordance with this article, provided that there is a continued belief that such child's life or health is in danger as a result of suspected abuse or neglect. (h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law.
15-11-132. (a) The facts supporting the issuance of an order of removal may be relayed orally, including telephonically, to the judge or a designated juvenile court intake officer, and the order directing that a child be taken into custody may be issued orally or electronically. (b) When a child is taken into custody under exceptional circumstances, an affidavit or sworn complaint containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court the next business day, and a written order shall be issued if not previously issued. The written order shall include the court's findings of fact supporting the necessity for such child's removal from the custody of his or her parent, guardian, or legal custodian in order to safeguard such child's welfare and shall designate a child's legal custodian.

1362

JOURNAL OF THE HOUSE

(c) The affidavit or sworn complaint filed after a child has been placed shall indicate whether the child was released to such child's parent, guardian, or legal custodian or remains removed. (d) DFCS shall promptly notify the parent, guardian, or legal custodian of the nature of the allegations forming the basis for taking a child into custody and, if such child is not released, of the time and place of the preliminary protective hearing.
15-11-133. (a) A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian:
(1) Pursuant to an order of the court under this article; or (2) By a law enforcement officer or duly authorized officer of the court if a child is in imminent danger of abuse or neglect if he or she remains in the home. (b) Upon removing a child from his or her home, a law enforcement officer or duly authorized officer of the court shall: (1) Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS; (2) Bring such child immediately before the juvenile court or promptly contact a juvenile court intake officer; and (3) Promptly give notice to the court and such child's parents, guardian, or legal custodian that such child is in protective custody, together with a statement of the reasons for taking such child into protective custody. (c) The removal of a child from his or her home by a law enforcement officer shall not be deemed an arrest. (d) A law enforcement officer removing a child from his or her home has all the privileges and immunities of a law enforcement officer making an arrest. (e) A law enforcement officer shall promptly contact a juvenile court intake officer for issuance of a court order once such officer has taken a child into protective custody and delivered such child to a medical facility. (f) A juvenile court intake officer shall immediately determine if a child should be released, remain in protective custody, or be brought before the court upon being contacted by a law enforcement officer, duly authorized officer of the court, or DFCS that a child has been taken into protective custody.
15-11-134. (a) Any order authorizing the removal of a child from his or her home shall be based on a finding by the court that continuation in his or her home would be contrary to his or her welfare. (b) Any order continuing a child's placement outside of the physical custody of his or her parent, guardian, or legal custodian shall be based on a finding by the court that return of such child to such custody would be contrary to his or her welfare.

THURSDAY, FEBRUARY 28, 2013

1363

(c) Findings under this Code section shall be made on an individualized case-by-case basis and shall be documented in the court's written order.
15-11-135. (a) A child taken into custody shall not be placed in foster care prior to the hearing on a petition for dependency unless:
(1) Foster care is required to protect the child; (2) The child has no parent, guardian, or legal custodian or other person able to provide supervision and care and return him or her to the court when required; or (3) An order for the child's foster care has been made by the court. (b) No child alleged to be or adjudicated as a dependent child shall be detained in any jail, adult lockup, or adult detention facility, nor shall a child be detained in a secure residential facility or nonsecure residential facility unless a child is also alleged to have committed a delinquent act or adjudicated to be a delinquent child and the court determines that the requirements for detention under Article 6 of this chapter are met. (c) An alleged dependent child may be placed in foster care only in: (1) A licensed or approved foster home or a home approved by the court which may be a public or private home or the home of the child's noncustodial parent or of a relative; (2) A facility operated by a licensed child welfare agency; or (3) A licensed shelter care facility approved by the court. (d) The actual physical placement of a child pursuant to this Code section shall require the approval of the judge of the juvenile court or his or her designee. (e) In any case in which a child is taken into protective custody of DFCS, such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or why such efforts are not appropriate. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
Part 4
15-11-145. (a) If an alleged dependent child is removed from his or her home and is not returned home, the preliminary protective hearing shall be held promptly and not later than 72 hours after such child is placed in foster care; provided, however, that if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (b) Reasonable oral or written notice of the preliminary protective hearing, stating the time, place, and purpose of the hearing, shall be given to the child who is a party in such hearing and, if such person can be found, to his or her parent, guardian, or legal custodian.

1364

JOURNAL OF THE HOUSE

(c) If an alleged dependent child's parent, guardian, or legal custodian has not been notified of the preliminary protective hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order such child's release unless it appears from such hearing that such child's foster care is warranted or required. (d) The following persons shall have the right to participate in the preliminary protective hearing:
(1) A child's parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice; (2) A child's attorney and guardian ad litem if a guardian ad litem has been appointed; (3) A child who was removed from his or her home, unless the court finds, after considering evidence of harm to such child that will result from such child's presence at the proceeding, that being present is not in such child's best interests; (4) A parent's attorney if an attorney has been retained or appointed; (5) The assigned DFCS caseworker; and (6) The attorney for DFCS. (e) The court may allow the following parties to be present at the preliminary protective hearing, if the court finds it is in the best interests of the child: (1) Any relative or other persons who have demonstrated an ongoing commitment to a child with whom a child might be placed; (2) DFCS employees involved in the case; (3) An advocate as requested by an alleged dependent child's parent, guardian, or legal custodian; and (4) Other persons who have knowledge of or an interest in the welfare of the child who is alleged to be dependent. (f) At the commencement of a preliminary protective hearing, the court shall inform the parties of: (1) The contents of the complaint in terms understandable to the parties; (2) The nature of the proceedings in terms understandable to the parties; and (3) The parties' due process rights, including the parties' right to an attorney and to an appointed attorney if they are indigent persons, the right to call witnesses and to cross-examine all witnesses, the right to present evidence, and the right to a trial by the court on the allegations in the complaint or petition. (g) If a child is not released at the preliminary protective hearing, a petition for dependency shall be made and presented to the court within five days of such hearing.
15-11-146. (a) At the preliminary protective hearing, the court shall determine:
(1) Whether there is probable cause to believe a child is a dependent child; and (2) Whether protective custody of a child is necessary to prevent abuse or neglect pending the hearing on the dependency petition. (b) The court:

THURSDAY, FEBRUARY 28, 2013

1365

(1) On finding that the complainant has not proved either of the required elements prescribed in subsection (a) of this Code section, shall dismiss the case and shall return the child before the court to his or her parent, guardian, or legal custodian; (2) On finding that the complainant has not met the burden of proving that protective custody is necessary, shall return the child before the court to his or her parent, guardian, or legal custodian pending the hearing on the dependency petition; or (3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. (c) A court's order removing a child from his or her home shall be based upon a finding that: (1) Continuation in his or her home would be contrary to such child's welfare; and (2) Removal is in such child's best interests. (d) The court shall make written findings as to whether DFCS has made reasonable efforts to prevent or eliminate the need for removal of a child from his or her home and to make it possible for such child to safely return home. If the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider DFCS to have made reasonable efforts to prevent or eliminate the need for protective custody. The court shall include in the written findings a brief description of what preventive and reunification efforts were made by DFCS. (e) In determining whether a child shall be removed or continued out of his or her home, the court shall consider whether reasonable efforts can prevent or eliminate the need to separate the family. The court shall make a written finding in every order of removal that describes why it is in the best interests of the child that he or she be removed from his or her home or continued in foster care. (f) To aid the court in making the required written findings, DFCS shall present evidence to the court outlining the reasonable efforts made to prevent taking a child into protective custody and to provide services to make it possible for such child to safely return to his or her home and why protective custody is in the best interests of the child.
Part 5
15-11-150. A DFCS employee, a law enforcement officer, or any person who has actual knowledge of the abuse, neglect, or abandonment of a child or is informed of the abuse, neglect, or abandonment of a child that he or she believes to be truthful may make a petition alleging dependency.
15-11-151. (a) If a child was removed from his or her home, a petition alleging dependency shall be filed within five days of the preliminary protective hearing.

1366

JOURNAL OF THE HOUSE

(b) If a child was not removed from his or her home or if a child was removed from his or her home but was released from protective custody at the preliminary protective hearing, a petition alleging dependency shall be filed within 30 days of the preliminary protective hearing. (c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition alleging dependency in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension. (d) If a petition alleging dependency is not filed within the required time frame, the complaint shall be dismissed without prejudice.
15-11-152. A petition alleging dependency shall be verified and may rely on information and belief and shall set forth plainly and with particularity:
(1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought; (2) The name, date of birth, and residence address of the child named in the petition; (3) The name and residence address of the parent, guardian, or legal custodian of the child named in the petition; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (4) Whether the child named in the petition is in protective custody and, if so, the place of his or her foster care and the time such child was taken into protective custody; and (5) Whether any of the information required by this Code section is unknown.
15-11-153. (a) The petitioner may amend the petition alleging dependency at any time:
(1) To cure defects of form; and (2) Prior to the adjudication hearing, to include new allegations of fact or requests for adjudication. (b) When the petition is amended after the initial service to include new allegations of fact or requests for adjudication, the amended petition shall be served on the parties and provided to the attorneys of record. (c) The court shall grant the parties additional time to prepare only as may be required to ensure a full and fair hearing; provided, however, that when a child is in protective custody or in detention, an adjudication hearing shall not be delayed more than ten days beyond the time originally fixed for the hearing.

THURSDAY, FEBRUARY 28, 2013

1367

Part 6
15-11-160. (a) The court shall direct the issuance of a summons to a child if such child is 14 years of age or older, such child's parent, guardian, or legal custodian, such child's attorney, such child's guardian ad litem, if any, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition alleging dependency. A copy of the petition alleging dependency shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained. (b) A summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (c) The court may endorse upon the summons an order directing a child's parent, guardian, or legal custodian to appear personally at the hearing and directing the person having the physical custody or control of a child to bring such child to the hearing. (d) A party other than a child may waive service of summons by written stipulation or by voluntary appearance at the hearing.
15-11-161. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) If, after due diligence, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The adjudication hearing shall not be earlier than five days after the date of the last publication.
(e)(1) Service by publication shall be made once a week for four consecutive weeks in the official organ of the county where the petition alleging dependency has been filed. Service shall be deemed complete upon the date of the last publication.

1368

JOURNAL OF THE HOUSE

(2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition alleging dependency was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition alleging dependency. (3) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition alleging dependency to the last known address of the party being served by publication. (f) Service of the summons may be made by any suitable person under the direction of the court. (g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-162. (a) In the event a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought willfully fails to appear personally at a hearing after being ordered to so appear or willfully fails to bring such child to a hearing after being so directed, the court may issue an order against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.
15-11-163. (a) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition alleging dependency and enter an interlocutory order of disposition if:
(1) The petition alleges dependency of a child; (2) The summons served upon any party:
(A) States that prior to the final hearing on such petition a provisional hearing will be held at a specified time and place; (B) Requires the party who is served other than by publication to appear and answer the allegations of the petition alleging dependency at the provisional hearing;

THURSDAY, FEBRUARY 28, 2013

1369

(C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and (D) Otherwise conforms to the requirements of Code Section 15-11-160; and (3) A child named in a petition alleging dependency is brought is personally before the court at the provisional hearing. (b) Findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition alleging dependency. (c) If a party served by publication fails to appear at the final hearing on the petition alleging dependency, the findings of fact and interlocutory orders made shall become final without further evidence. If a party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of such petition without regard to this Code section.
Part 7
15-11-170. (a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party; (2) A copy of any formal written statement made by the alleged dependent child or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing; (3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced; (4) Any drug screen concerning the alleged dependent child or his or her parent, guardian, or legal custodian; (5) Any case plan concerning the alleged dependent child or his or her parent, guardian, or legal custodian; (6) Any visitation schedule related to the alleged dependent child; (7) Photographs and any physical evidence which are intended to be introduced at any hearing; (8) Copies of any police incident reports regarding an occurrence which forms part or all of the basis of the petition; and (9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section. (b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing:

1370

JOURNAL OF THE HOUSE

(1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the alleged dependent child or his or her family, parent, guardian, or legal custodian; (2) Any school record concerning the alleged dependent child; (3) Any medical record concerning the alleged dependent child; (4) Transcriptions, recordings, and summaries of any oral statement of the alleged dependent child or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel; (5) Any family team meeting report or multidisciplinary team meeting report concerning the alleged dependent child or his or her parent, guardian, or legal custodian; (6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and (7) Immigration records concerning the alleged dependent child. (c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of such request. If such request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request. (e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning a discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:

THURSDAY, FEBRUARY 28, 2013

1371

(1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) No deposition shall be taken of an alleged dependent child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part. (g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication. (i) Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.
Part 8
15-11-180. The petitioner shall have the burden of proving the allegations of a dependency petition by clear and convincing evidence.
15-11-181. (a) The court shall fix a time for an adjudication hearing. If the alleged dependent child is in foster care, the hearing shall be scheduled for no later than ten days after the filing of the petition alleging dependency. If the alleged dependent child is not in foster care, the adjudication hearing shall be held no later than 60 days after the filing of the petition alleging dependency. If adjudication is not completed within 60 days from the date such child was taken into protective custody, the petition alleging dependency may be dismissed without prejudice. (b) The following persons shall have the right to participate in the adjudication hearing:
(1) The parent, guardian, or legal custodian of the alleged dependent child, unless such person cannot be located or fails to appear in response to the notice; (2) The attorney and guardian ad litem of the alleged dependent child;

1372

JOURNAL OF THE HOUSE

(3) The alleged dependent child, unless the court finds, after considering evidence of harm to such child that will result from his or her presence at the proceeding, that being present is not in the child's best interests; (4) The attorneys for the parent, guardian, or legal custodian of the alleged dependent child if attorneys have been retained or appointed; (5) The assigned DFCS caseworker; and (6) The attorney for DFCS. (c) If the court finds it is in the best interests of the alleged dependent child, the court may allow the following to be present at the adjudication hearing: (1) Any relative or other persons who have demonstrated an ongoing commitment to a child alleged to be a dependent child with whom he or she might be placed; (2) DFCS employees involved with the case; (3) An advocate as requested by the parent, guardian, or legal custodian of the alleged dependent child; and (4) Other persons who have knowledge of or an interest in the welfare of such child. (d) Except as provided in this subsection, the adjudication hearing shall be conducted in accordance with Title 24. Testimony or other evidence relevant to the dependency of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of: (1) Communications between a party and his or her attorney; and (2) Confessions or communications between a priest, rabbi, or duly ordained minister or similar functionary and his or her confidential communicant. (e) After hearing the evidence, the court shall make and file specific written findings as to whether a child is a dependent child. (f) If the court finds that a child is not a dependent child, it shall dismiss the petition alleging dependency and order such child discharged from foster care or other restriction previously ordered. (g) If the court adjudicates a child as a dependent child, the court shall proceed immediately or at a postponed hearing to make a proper disposition of the case. (h) If the court adjudicates a child as a dependent child, the court shall also make and file a finding whether such dependency is the result of substance abuse by such child's parent, guardian, or legal custodian. (i) If the disposition hearing is held on the same day as the adjudication hearing, the court shall schedule the dates and times for the first periodic review hearing and for the permanency plan hearing.
Part 9
15-11-190. If the allegations of the petition alleging dependency are admitted or after an adjudication hearing the court has adjudicated a child as a dependent child, the court may direct that a written social study and report be made by a person designated by the court.

THURSDAY, FEBRUARY 28, 2013

1373

15-11-191. Each social study shall include, but not be limited to, a factual discussion of each of the following subjects:
(1) What plan, if any, for the return of the child adjudicated to be a dependent child to his or her parent and for achieving legal permanency for such child if efforts to reunify fail is recommended to the court; (2) Whether the best interests of the child will be served by granting reasonable visitation rights to his or her other relatives in order to maintain and strengthen the child adjudicated to be a dependent child's family relationships; (3) Whether the child adjudicated to be a dependent child has siblings under the court's jurisdiction, and, if so:
(A) The nature of the relationship between such child and his or her siblings; (B) Whether the siblings were raised together in the same home and whether the siblings have shared significant common experiences or have existing close and strong bonds; (C) Whether the child adjudicated to be a dependent child expresses a desire to visit or live with his or her siblings and whether ongoing contact is in such child's best interests; (D) The appropriateness of developing or maintaining sibling relationships; (E) If siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place siblings together or why those efforts are not appropriate; (F) If siblings are not placed together, the frequency and nature of the visits between siblings; and (G) The impact of the sibling relationship on the child adjudicated to be a dependent child's placement and planning for legal permanence; (4) The appropriateness of any placement with a relative of the child adjudicated to be a dependent child; and (5) Whether a caregiver desires and is willing to provide legal permanency for a child adjudicated to be a dependent child if reunification is unsuccessful.
Part 10
15-11-200. (a) Within 30 days of the date a child who is placed in DFCS custody is removed from his or her home and at each subsequent review of the disposition order, DFCS shall submit a written report to the court which shall either:
(1) Include a case plan for a reunification of the family; or (2) Include a statement of the factual basis for determining that a plan for reunification is not appropriate. (b) The report submitted by DFCS shall become a discrete part of the case record in a format determined by DFCS and shall be made available to a child who is placed in DFCS custody if such child is 14 years of age or older, his or her attorney, his or her

1374

JOURNAL OF THE HOUSE

guardian ad litem, if any, and the parent, guardian, or legal custodian of such child. The contents of the report shall be determined at a meeting to be held by DFCS in consultation with the parent, guardian, or legal custodian and child who was placed in DFCS custody, when appropriate. The parent, guardian, or legal custodian, the child who was placed in DFCS custody if such child is 14 years of age or older, his or her attorney, and guardian ad litem, if any, shall be given written notice of the meeting at least five days in advance of such meeting and shall be advised that the report will be submitted to the court for consideration as an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parent, guardian, or legal custodian of the child who was placed in DFCS custody, if such are available. (c) If the court adopts a report that contains a case plan for reunification services, it shall be in effect until modification by the court. A case plan shall address each reason requiring removal of a child from his or her home and shall, at a minimum, comply with the requirements of Code Section 15-11-201. (d) If the submitted DFCS report contains a proposed case plan for reunification services:
(1) DFCS shall provide the caregiver, the foster parent, and any preadoptive parent or relative providing care for the child who was placed in DFCS custody with a copy of those portions of the court approved case plan that involve the permanency goal and the services to be provided to the child; (2) A copy of the DFCS report and case plan shall be delivered to the parent, guardian, or legal custodian by United States mail, e-mail, or hand delivery at the same time the report and case plan are transmitted to the court, along with written notice that such report will be considered by the court without a hearing unless, within five days from the date the copy of such report and case plan were delivered, the parent, guardian, or legal custodian of the child who was placed in DFCS custody requests a hearing before the court to review such report and case plan; and (3) If no hearing is requested, the court shall enter a disposition order or supplemental order incorporating all elements of the case plan for reunification services which the court finds essential to reunification, specifying what shall be accomplished by all parties before reunification of the family can be achieved. (e) When DFCS recommends that reunification services are not appropriate and should not be allowed, the DFCS report shall address each reason requiring removal of a child from his or her home and shall contain at least the following: (1) The purpose for which the child in DFCS custody was placed in foster care, including a statement of the reasons why such child cannot be adequately and safely protected at his or her home and the harm which may occur if such child remains in his or her home and a description of the services offered and the services provided to prevent removal of such child from his or her home; (2) A clear statement describing all of the reasons supporting a finding that reunification of a child with his or her parent will be detrimental to such child and that

THURSDAY, FEBRUARY 28, 2013

1375

reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist; and (3) The statements, provisions, and requirements found in paragraphs (11) and (12) of subsection (b) of Code Section 15-11-201.
15-11-201. (a) A case plan shall be designed to achieve placement in the most appropriate, least restrictive, and most family-like setting available and in close proximity to the alleged dependent child's parent's home, consistent with the best interests and special needs of such child, and shall consider the placement's proximity to the school in which such child is enrolled at the time of placement. (b) A case plan shall be developed by DFCS and the parent, guardian, or legal custodian of the alleged dependent child and, when appropriate, such child. A case plan shall include, but not be limited to, all of the following:
(1) A description of the circumstances that resulted in such child being placed under the jurisdiction of the court and in foster care; (2) An assessment of such child's and his or her family's strengths and needs and the type of placement best equipped to meet those needs; (3) A description of the type of home or institution in which such child is to be placed, including a discussion of the safety and appropriateness of the placement; (4) Specific time-limited goals and related activities designed to enable the safe return of such child to his or her home, or, in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation; (5) Assignment of specific responsibility for accomplishing the planned activities; (6) The projected date of completion of the case plan objectives; (7) The date time-limited services will be terminated; (8) A schedule of visits between such child and his or her siblings and other appropriate family members and an explanation if no visits are scheduled; (9) When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of such child's parent, guardian, or legal custodian or out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interests of the child; (10) When an out-of-state group home placement is recommended or made, the case plan shall comply with Code Section 39-4-4, the Interstate Compact on the Placement of Children. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for such particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended; (11) If applicable, a statement that reasonable efforts have been made and a requirement that reasonable efforts shall be made for so long as such child remains in the custody of the department:

1376

JOURNAL OF THE HOUSE

(A) To place siblings removed from their home in the same foster care, kinship care, guardianship, or adoptive placement, unless DFCS documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and (B) In the case of siblings removed from their home who are not so jointly placed, for frequent visitation or other ongoing interaction between the siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; (12) Provisions ensuring the educational stability of such child while in foster care, including: (A) An assurance that the placement of such child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which such child is enrolled at the time of placement; (B) An assurance that the state agency has coordinated with appropriate local educational agencies to ensure that such child remains in the school in which such child is enrolled at the time of placement; or (C) If remaining in such school is not in the best interests of the child, an assurance by DFCS that DFCS and the local educational agencies have cooperated to assure the immediate and appropriate enrollment in a new school, with all of the educational records of such child provided to such new school; (13) An account of health and education information about such child including school records, immunizations, known medical problems, any known medications he or she may be taking, names and addresses of his or her health and educational providers; such child's grade level performance; assurances that such child's placement in foster care takes into account proximity to the school in which he or she was enrolled at the time of placement; and other relevant health and educational information; (14) A recommendation for a permanency plan for such child. If, after considering reunification, adoptive placement, or permanent guardianship, DFCS recommends placement in another planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the child's best interests. For purposes of this paragraph, a 'compelling reason' shall have the same meaning as in paragraph (2) of subsection (b) of Code Section 15-11-233; (15) A statement that the parent, guardian, or legal custodian of such child and the child have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why such persons were not able to participate or sign the case plan; (16) A requirement that the DFCS case manager and staff and, as appropriate, other representatives of such child provide him or her with assistance and support in developing a transition plan that is personalized at the direction of such child, including specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and

THURSDAY, FEBRUARY 28, 2013

1377

employment services, and is as detailed as such child may elect. The transition plan shall be completed in the 90 day period:
(A) Immediately prior to the date on which such child will attain 18 years of age; or (B) If such child remains in the care of DFCS past his or her eighteenth birthday, before his or her planned exit from DFCS care. (17) For such child in out-of-home care who is 14 years of age or older, a written description of the programs and services which will help him or her prepare for the transition from foster care to independent living; and (18) The identity of the person within DFCS or other agency who is directly responsible for ensuring that the case plan is implemented.
15-11-202. (a) Except as provided in subsection (a) of Code Section 15-11-203, reasonable efforts shall be made to preserve or reunify families:
(1) Prior to the placement of an alleged dependent child in DFCS custody to prevent the need for removing him or her from his or her home; or (2) To eliminate the need for removal and make it possible for a child alleged to be or adjudicated as a dependent child to return safely to his or her home at the earliest possible time. (b) In determining the type of reasonable efforts to be made to a child alleged to be or adjudicated as a dependent child and in making such reasonable efforts, such child's health and safety shall be the paramount concern. (c) Appropriate services to meet the needs of a child alleged to be or adjudicated as a dependent child and his or her family may include those provided by DFCS and other services available in the community. (d) The court shall be required to review the appropriateness of DFCS's reasonable efforts at each stage of the proceedings. (e)(1) At the preliminary protective hearing, DFCS has the burden of demonstrating that:
(A) It has made reasonable efforts to prevent placement of an alleged dependent child in foster care; (B) There are no appropriate services or efforts which could allow an alleged dependent child to safely remain in the home given the particular circumstances of such child and his or her family at the time of his or her removal and so the absence of such efforts was justifiable; or (C) Reasonable efforts to prevent placement and to reunify an alleged dependent child with his or her family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203. (2) At the adjudication hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to eliminate the need for removal of an alleged dependent child from his or her home and to reunify such child with his or her family at the earliest possible time; or

1378

JOURNAL OF THE HOUSE

(B) Reasonable efforts to prevent placement and to reunify an alleged dependent child with his or her family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203. (3) At each other hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to eliminate the need for removal of a child alleged to be or adjudicated as a dependent child from his or her home and to reunify such child with his or her family at the earliest possible time; or (B) It has made reasonable efforts to finalize an alternative permanent home for a child alleged to be or adjudicated as a dependent child. (f) When determining whether reasonable efforts have been made, the court shall consider whether services to the child alleged to be or adjudicated as a dependent child and his or her family were: (1) Relevant to the safety and protection of such child; (2) Adequate to meet the needs of such child and his or her family; (3) Culturally and linguistically appropriate; (4) Available and accessible; (5) Consistent and timely; and (6) Realistic under the circumstances. (g) A finding that reasonable efforts have not been made shall not preclude the entry of an order authorizing a child alleged to be or adjudicated as a dependent child's placement when the court finds that placement is necessary for the protection of such child. (h) When efforts to prevent the need for a child alleged to be or adjudicated as a dependent child's placement were precluded by an immediate threat of harm to such child, the court may make a finding that reasonable efforts were made if it finds that the placement of such child in the absence of such efforts was justifiable. (i) Reasonable efforts to place a child adjudicated as a dependent child for adoption or with a guardian or legal custodian may be made concurrently with reasonable efforts to reunify. When DFCS decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent, guardian, or legal custodian of a child adjudicated as a dependent child, DFCS shall disclose its decision and both plans to all parties and obtain approval from the court. When DFCS proceeds on both plans, the court's review of reasonable efforts shall include efforts under both plans. (j) An order placing or continuing the placement of a child alleged to be or adjudicated as a dependent child in DFCS custody shall contain, but not be limited to, written findings of facts stating: (1) That such child's continuation in or return to his or her home would be contrary to his or her welfare; (2) Whether reasonable efforts have been made to prevent or eliminate the need for placement of such child, unless the court has determined that such efforts are not required or shall cease; and

THURSDAY, FEBRUARY 28, 2013

1379

(3) Whether reasonable efforts should continue to be made to prevent or eliminate the need for placement of such child, unless the court has previously determined that such efforts are not required or shall cease.
15-11-203. (a) The court may direct that reasonable efforts to eliminate the need for placement of an alleged dependent child shall not be required or shall cease if the court determines and makes written findings of fact that a parent of an alleged dependent child:
(1) Has subjected his or her child to aggravated circumstances; (2) Has been convicted of the murder of another child of such parent; (3) Has been convicted of the voluntary manslaughter of another child of such parent; (4) Has been convicted of aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (5) Has been convicted of committing a felony assault that results in serious bodily injury to the child or another child of such parent; (6) Has been convicted of rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the alleged dependent child or another child of the parent; (7) Is required to register as a sex offender and that preservation of a parent-child relationship is not in the alleged dependent child's best interests; or (8) Has had his or her rights to a sibling of the alleged dependent child terminated involuntarily and the circumstances leading to such termination of parental rights to that sibling have not been resolved. (b) If the court determines that one or more of the circumstances enumerated in subsection (a) of this Code section exist or DFCS has submitted a written report to the court which does not contain a plan for reunification services, then: (1) A permanency plan hearing shall be held for a child adjudicated as a dependent child within 30 days; and (2) Reasonable efforts shall be made to place a child adjudicated as a dependent child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of such child.
15-11-204. (a) If the DFCS report does not contain a plan for reunification services, the court shall hold a nonreunification hearing to review the report and the determination that a plan for reunification services is not appropriate. (b) The nonreunification hearing shall be held no later than 30 days from the time the DFCS report is filed. Notice of the nonreunification hearing shall be provided, by summons, to the child adjudicated as a dependent child if he or she is 14 years of age or older, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, and specified nonparties entitled to notice. (c) At the nonreunification hearing:

1380

JOURNAL OF THE HOUSE

(1) DFCS shall notify the court whether and when it intends to proceed with termination of parental rights; and (2) The court shall also hold a permanency plan hearing, at which the court shall consider in-state and out-of-state permanent placement options for the child adjudicated as a dependent child and shall incorporate a permanency plan for such child in its order. (d) DFCS shall have the burden of demonstrating by clear and convincing evidence that a reunification plan is not appropriate considering the health and safety of the child adjudicated as a dependent child and such child's need for permanence. There shall be a presumption that reunification is detrimental to a child adjudicated as a dependent child and reunification services should not be provided if the court finds by clear and convincing evidence that: (1) Such child's parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family; (2) An alleged dependent child has been removed from his or her home on at least two previous occasions and reunification services were made available on those occasions; (3) A ground for terminating parental rights exists; or (4) Any of the circumstances set out in subsection (a) of Code Section 15-11-203 exist, making it unnecessary to provide reasonable efforts to reunify. (e) If the court has entered an order finding that reasonable efforts to reunify a child adjudicated as a dependent child with his or her family are not required but the court finds further that referral for termination of parental rights and adoption is not in the best interests of such child, the court may, upon proper petition, place such child in the custody of a permanent guardian pursuant to the provisions of this article.
Part 11
15-11-210. (a) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing. (b) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate disposition. (c) Before determining the appropriate disposition, the court shall receive in evidence:
(1) The social study report, if applicable, made by DFCS and the child adjudicated as a dependent child's proposed written case plan. The social study report and case plan shall be filed with the court not less than 48 hours before the disposition hearing; (2) Any study or evaluation made by a guardian ad litem appointed by the court; (3) Any psychological, medical, developmental, or educational study or evaluation of the child adjudicated as a dependent child; and

THURSDAY, FEBRUARY 28, 2013

1381

(4) Other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child adjudicated as a dependent child if reunification is unsuccessful. (d) Prior to a disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court. (e)(1) Portions of written reports received by the court which are not relied on by the court in reaching its decision, which if revealed would be prejudicial to the interests of any party to the proceeding, or which reveal confidential sources, may be withheld in the court's discretion. (2) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports. (f) At the conclusion of the disposition hearing, the court shall set the time and date for the first periodic review hearing and the permanency plan hearing.
15-11-211. (a) A diligent search shall be initiated at the outset of a case under this article and shall be conducted throughout the duration of a case, when appropriate. (b) A diligent search shall include at a minimum:
(1) Interviews with the child's parent during the course of an investigation, while child protective services are provided, and while such child is in care; (2) Interviews with the child; (3) Interviews with identified relatives throughout the case; (4) Interviews with any other person who is likely to have information about the identity or location of the person being sought; (5) Comprehensive searches of data bases available to DFCS including, but not limited to, searches of employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, corrections records, and any other records likely to result in identifying and locating the person being sought; (6) Appropriate inquiry during the course of hearings in the case; and (7) Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child. (c) A diligent search shall be completed by DFCS before final disposition. (d) All adult relatives of the alleged dependent child identified in a diligent search required by this Code section, subject to exceptions due to family or domestic violence, shall be provided with notice: (1) Specifying that an alleged dependent child has been or is being removed from his or her parental custody; (2) Explaining the options a relative has to participate in the care and placement of the alleged dependent child and any options that may be lost by failing to respond to the notice; (3) Describing the process for becoming an approved foster family home and the additional services and supports available for children placed in approved foster homes; and

1382

JOURNAL OF THE HOUSE

(4) Describing any financial assistance for which a relative may be eligible. (e) The diligent search required by this Code section and the notification required by subsection (d) of this Code section shall be completed, documented in writing, and filed with the court within 30 days from the date on which the alleged dependent child was removed from his or her home. (f) After the completion of the diligent search required by this Code section, DFCS shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to a child and with whom it may be appropriate to place the alleged dependent child until such relatives or persons are found or until such child is placed for adoption unless the court excuses DFCS from conducting a diligent search.
15-11-212. (a) The court may make any of the following orders of disposition or a combination of those best suited to the protection and physical, emotional, mental, and moral welfare of a child adjudicated as a dependent child:
(1) Permit such child to remain with his or her parent, guardian, or legal custodian subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of such child; (2) Grant or transfer temporary legal custody to any of these persons or entities:
(A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for such child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for such child; (C) Any public agency authorized by law to receive and provide care for such child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include DJJ; or (D) An individual in another state with or without supervision by an appropriate officer pursuant to the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children; (3) Transfer jurisdiction over such child in accordance with the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children; (4) Order such child and his or her parent, guardian, or legal custodian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, physician assistants, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future conditions of dependency or other conduct or conditions which would be harmful to a child or society; (5) Order the parent, guardian, or legal custodian of such child to participate in a court approved educational or counseling program designed to contribute to the

THURSDAY, FEBRUARY 28, 2013

1383

ability of such parent, guardian, or legal custodian to provide proper parental care and supervision of such child, including, but not limited to, parenting classes; (6) Order DFCS to implement and such child's parent, guardian, or legal custodian to cooperate with any plan approved by the court; or (7) Order temporary child support for such child to be paid by that person or those persons determined to be legally obligated to support such child. In determining such temporary child support, the court shall apply the child support guidelines provided in Code Section 19-6-15 and the implementation and any review of the order shall be held as provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction, the court may order the child support obligor in the existing order to make payments to such child's caretaker on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile court's order shall be filed in the clerk's office of the court that entered the existing order. Temporary child support orders entered pursuant to this paragraph shall be enforceable by the court's contempt powers so long as the court is entitled to exercise jurisdiction over the dependency case. (b) The transfer of temporary legal custody may be subject to conditions and limitations the court may prescribe. Such conditions and limitations shall include a provision that the court shall approve or direct the return of the physical custody of a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian either upon the occurrence of specified circumstances or at the direction of the court. The return of physical custody of a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian may be made subject to conditions and limitations the court may prescribe, including, but not limited to, supervision for the protection of such child. (c) A child adjudicated as a dependent child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children unless such child is also adjudicated to be a delinquent child and such child's detention is warranted under the requirements of Article 6 of this chapter. (d) After transferring temporary legal custody of a child adjudicated as a dependent child to DFCS, the court may at any time conduct sua sponte a judicial review of the current placement plan being provided to such child. After its review, the court may order DFCS to comply with the current placement plan, order DFCS to devise a new placement plan, or make any other order relative to placement or custody outside DFCS as the court finds to be in the best interests of such child. Placement or a change of custody by the court outside DFCS shall relieve DFCS of further responsibility for such child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate. (e) A court shall not be required to make an order of disposition regarding a child who is discharged from a facility in which such child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless such child is to be discharged into the physical custody of any person who had such custody when the court made its most recent adjudication that the child was a dependent child.

1384

JOURNAL OF THE HOUSE

(f) If a child is adjudicated as a dependent child and the dependency is found to have been the result of substance abuse by his or her parent, guardian, or legal custodian and the court orders transfer of temporary legal custody of such child, the court shall be authorized to further order that legal custody of such child may not be transferred back to his or her parent, guardian, or legal custodian unless such parent, guardian, or legal custodian undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months. (g) If the court finds that DFCS preventive or reunification efforts have not been reasonable but that further efforts could not permit a child adjudicated as a dependent child to safely remain at home, the court may nevertheless authorize or continue the removal of such child. (h) When the case plan requires a concurrent permanency plan, the court shall review the reasonable efforts of DFCS to recruit, identify, and make a placement in a home in which a relative of a child adjudicated as a dependent child, foster parent, or other persons who have demonstrated an ongoing commitment to the child has agreed to provide a legally permanent home for such child in the event reunification efforts are not successful.
15-11-213. Any order of disposition shall contain written findings of fact to support the disposition and case plan ordered. Before making an order of disposition, the court shall consider the following:
(1) Why the best interests and safety of a child adjudicated as a dependent child are served by the disposition and case plan ordered, including but not limited to:
(A) The interaction and interrelationship of such child with his or her parent, siblings, and any other person who may significantly affect the child's best interests; (B) Such child's adjustment to his or her home, school, and community; (C) The mental and physical health of all individuals involved; (D) The wishes of such child as to his or her placement; (E) The wishes of such child's parent, guardian, or legal custodian as to such child's custody; (F) Whether there exists a relative of such child or other individual who, after study by DFCS, is found to be qualified to receive and care for such child; and (G) The ability of a parent, guardian, or legal custodian of a child adjudicated as a dependent child to care for such child in the home so that no harm will result to such child; (2) The availability of services recommended in the case plan; (3) What alternative dispositions or services under the case plan were considered by the court and why such dispositions or services were not appropriate in the instant case; (4) The appropriateness of the particular placement made or to be made by the placing agency; and

THURSDAY, FEBRUARY 28, 2013

1385

(5) Whether reasonable efforts were made to prevent or eliminate the necessity of a child adjudicated as a dependent child's removal and to reunify his or her family after removal from the custody of his or her family unless reasonable efforts were not required. The court's findings should include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the necessity of such removal.
15-11-214. (a) An order of disposition in a dependency proceeding shall continue in force until the purposes of the order have been accomplished. (b) The court may terminate an order of disposition of a child adjudicated as a dependent child on or without an application of a party if it appears to the court that the purposes of the order have been accomplished. (c) Unless a child remains in DFCS care or continues to receive services from DFCS, when a child adjudicated as a dependent child reaches 18 years of age, all orders affecting him or her then in force terminate and he or she shall be discharged from further obligation or control.
15-11-215. (a) Not less than five days in advance of any placement change, DFCS shall notify the court, a child who is 14 years of age or older, the child's parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child's attorney, the child's guardian ad litem, if any, and any other attorney of record of such change in the location of the child's placement while the child is in DFCS custody. (b) If a child's health or welfare may be endangered by any delay in changing his or her placement, the court and all attorneys of record shall be notified of such placement change within 24 hours of such change. (c) A child adjudicated as a dependent child who is 14 years of age or older, his or her parent, guardian, or legal custodian, the person or agency with physical custody of the child, such child's attorney, such child's guardian ad litem, if any, and any attorney of record may request a hearing pertaining to such child's case plan or the permanency plan in order for the court to consider the change in the location of such child's placement and any changes to the case plan or permanency plan resulting from such child's change in placement location. The hearing shall be held within five days of receiving notice of a change in the location of such child's placement and prior to any such placement change, unless such child's health or welfare may be endangered by any delay in changing such child's placement. (d) At the hearing to consider a child adjudicated as a dependent child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by DFCS, including a recommendation as to the location of the placement of such child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by DFCS, including the location of such child's placement.

1386

JOURNAL OF THE HOUSE

(e) If the court rejects DFCS recommendations, the court shall demonstrate that DFCS recommendations were considered and explain why it did not follow such recommendations. If the court rejects the DFCS case plan and permanency plan recommendations, including the change in the location of the placement of a child adjudicated as a dependent child, the court may order DFCS to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of such child within the resources of the department, or make any other order relative to placement or custody outside the department as the court finds to be in the best interests of such child and consistent with the policy that children in DFCS custody should have stable placements. (f) Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for a child adjudicated as a dependent child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate.
15-11-216. (a) All cases of children in DFCS custody shall be initially reviewed within 75 days following a child adjudicated as a dependent child's removal from his or her home and shall be conducted by the court. An additional periodic review shall be held within four months following the initial review and shall be conducted by the court or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as are established by court rule by the Supreme Court, with the advice and consent of the Council of Juvenile Court Judges. The court shall have the discretion to schedule any subsequent review hearings as necessary. (b) At any periodic review hearing, the paramount concern shall be a child adjudicated as a dependent child's health and safety. (c) At the initial 75 day periodic review, the court shall approve the completion of the relative search, schedule the subsequent four-month review to be conducted by the court or a citizen judicial review panel, and shall determine:
(1) Whether a child adjudicated as a dependent child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for such child and his or her family and whether any changes need to be made to the case plan, including whether a concurrent case plan for nonreunification is appropriate; (3) The extent of compliance with the case plan by all participants; (4) The appropriateness of any recommended changes to such child's placement; (5) Whether appropriate progress is being made on the permanency plan; (6) Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian; (7) Whether visitation is appropriate and, if so, approve and establish a reasonable visitation schedule consistent with the age and developmental needs of a child adjudicated as a dependent child;

THURSDAY, FEBRUARY 28, 2013

1387

(8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of such child's removal from his or her home and to reunify the family after removal of a child adjudicated as a dependent child, unless reasonable efforts were not required. (d) If at any review subsequent to the initial 75 day review the court finds that there is a lack of substantial progress towards completion of the case plan, the court shall order DFCS to develop a case plan for nonreunification or a concurrent case plan contemplating nonreunification. (e) At the time of each review of a child adjudicated as a dependent child in DFCS custody, DFCS shall notify the court whether and when it intends to proceed with the termination of parental rights.
15-11-217. (a) In the event the periodic review of a case is conducted by a judicial citizen review panel, the panel shall transmit its report and that of DFCS, including its findings and recommendations together with DFCS proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parent within five days after the review. (b) DFCS shall provide the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relatives providing care for such child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to such child. (c) Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of the plan. (d) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating the revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. (e) Notwithstanding subsections (c) and (d) of this Code section, if the judicial citizen review panel finds that there is a lack of substantial progress towards completion of the case plan, the court shall schedule a hearing within 30 days of such finding to determine whether a case plan for nonreunification is appropriate. (f) If the judicial citizen review panel determines that a parent of a child adjudicated as a dependent child has unjustifiably failed to comply with the ordered plan designed to reunite such child's family and that such failure is significant enough to warrant consideration of the parent's termination of parental rights, the panel may make a recommendation to DFCS and the attorney for such child that a petition for termination of parental rights should be prepared.

1388

JOURNAL OF THE HOUSE

15-11-218. (a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall issue written findings of fact that include:
(1) Why a child adjudicated as a dependent child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for a child adjudicated as a dependent child and his or her family and whether any changes need to be made to the case plan including whether a concurrent case plan for nonreunification is appropriate; (3) The extent of compliance with the case plan by all participants; (4) The basis for any changes to the placement of a child adjudicated as a dependent child; (5) Whether visitation is or continues to be appropriate; (6) A description of progress being made on the permanency plan; (7) Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian; (8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the removal of a child adjudicated as a dependent child and to reunify his or her family after removal, unless reasonable efforts were not required. (b) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall order one of the following dispositions: (1) Return a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian's home with or without court imposed conditions; (2) Allow a child adjudicated as a dependent child to continue in the current custodial placement because the current placement is appropriate for such child's needs; (3) Allow a child adjudicated as a dependent child to continue in the current custodial placement although the current placement is no longer appropriate for such child's needs and direct DFCS to devise another plan which shall:
(A) Be submitted within ten days for court approval; (B) Be furnished to all parties after court approval of the revised plan; and (C) Be provided to the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relative providing care for such child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to such child; or (4) Make additional orders regarding the treatment plan or placement of a child adjudicated as a dependent child to protect such child's best interests if the court determines DFCS has failed in implementing any material provision of the case plan or abused its discretion in the placement or proposed placement of such child.

THURSDAY, FEBRUARY 28, 2013

1389

Part 12
15-11-230. (a) The court shall hold a permanency plan hearing to determine the future permanent legal status of each child in DFCS custody. (b) A permanency plan hearing, which considers in-state and out-of-state placement options for a child adjudicated as a dependent child, shall be held:
(1) No later than 30 days after DFCS has submitted a written report to the court which does not contain a plan for reunification services; (2) For children under seven years of age at the time a petition is filed, no later than nine months after such child has entered foster care; (3) For children seven years of age and older at the time a petition is filed, no later than 12 months after such child has entered foster care; or (4) For a child in a sibling group whose members were removed from the home at the same time and in which one member of the sibling group was under seven years of age at the time a petition for dependency was filed, the permanency plan hearing shall be held no later than nine months after such child has entered foster care. (c) After the initial permanency plan hearing has occurred, a permanency plan hearing shall be held not less frequently than every six months during the time a child adjudicated as a dependent child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved. (d) A child adjudicated as a dependent child, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, foster parents if there are foster parents, any preadoptive parent or relatives providing care for such child, and other parties shall be given written notice of a permanency plan hearing at least five days in advance of such hearing and shall be advised that the permanency plan recommended by DFCS will be submitted to the court for consideration as the order of the court. (e) The court shall consult with the child adjudicated as a dependent child, in an ageappropriate manner, regarding the proposed permanency plan for such child.
15-11-231. At least five days prior to the permanency plan hearing, DFCS shall submit for the court's consideration a report recommending a permanency plan for a child adjudicated as a dependent child. The report shall include documentation of the steps to be taken by DFCS to finalize the permanent placement for such child and shall include, but not be limited to:
(1) The name, address, and telephone number of such child's parent, guardian, or legal custodian; (2) The date on which such child was removed from his or her home and the date on which such child was placed in foster care;

1390

JOURNAL OF THE HOUSE

(3) The location and type of home or facility in which such child is currently held or placed and the location and type of home or facility in which such child will be placed; (4) The basis for the decision to hold such child in protective custody or to place such child outside of his or her home; (5) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of such child or other persons who have demonstrated an ongoing commitment to a child or a statement as to why placement with the relative or other person is not safe or appropriate; (6) If as a result of the placement such child has been or will be transferred from the school in which such child is or most recently was enrolled, documentation that a placement that would maintain such child in that school is unavailable, inappropriate, or that such child's transfer to another school would be in such child's best interests; (7) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of such child and his or her family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of such child or, if available, why such services are not safe or appropriate; (8) The goal of the permanency plan which shall include:
(A) Whether and, if applicable, when such child shall be returned to his or her parent; (B) Whether and, if applicable, when such child shall be referred for termination of parental rights and adoption; (C) Whether and, if applicable, when such child shall be placed with a permanent guardian; or (D) In the case in which DFCS has documented a compelling reason that none of the foregoing options would be in the best interests of the child, whether, and if applicable, when such child shall be placed in another planned permanent living arrangement; (9) If a child adjudicated as a dependent child is 14 years of age or older, a description of the programs and services that are or will be provided to assist such child in preparing for the transition from foster care to independent living. The description shall include all of the following: (A) The anticipated age at which such child will be discharged from foster care; (B) The anticipated amount of time available in which to prepare such child for the transition from foster care to independent living; (C) The anticipated location and living situation of such child on discharge from foster care; (D) A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist such child in preparing for the transition from foster care to independent living; and

THURSDAY, FEBRUARY 28, 2013

1391

(E) The rationale for each program or service that is or will be provided to assist such child in preparing for the transition from foster care to independent living, the time frames for delivering such programs or services, and the intended outcome of such programs or services; and (10) When the recommended permanency plan is referral for termination of parental rights and adoption or placement in another home, a description of specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-state and interstate placements.
15-11-232. (a) At the permanency plan hearing, the court shall make written findings of fact that include the following:
(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing; (2) The continuing necessity for and the safety and appropriateness of the placement; (3) Compliance with the permanency plan by DFCS, parties, and any other service providers; (4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of a child adjudicated as a dependent child and his or her parent, guardian, or legal custodian; (5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent child outside of his or her home and toward returning such child safely to his or her home or obtaining a permanent placement for such child; (6) The date by which it is likely that a child adjudicated as a dependent child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement; (7) Whether, in the case of a child adjudicated as a dependent child placed out of state, the out-of-state placement continues to be appropriate and in the best interests of such child; and (8) In the case of a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living. (b) The permanency plan incorporated in the court's order shall include: (1) Whether and, if applicable, when a child adjudicated as a dependent child shall be returned to his or her parent; (2) Whether and, if applicable, when a child adjudicated as a dependent child shall be referred for termination of parental rights and adoption; (3) Whether and, if applicable, when a child adjudicated as a dependent child shall be placed with a permanent guardian; or (4) Whether there is a safe and appropriate placement with a fit and willing relative of a child adjudicated as a dependent child or other persons who have demonstrated

1392

JOURNAL OF THE HOUSE

an ongoing commitment to a child or a statement as to why placement with such relative or other person is not safe or appropriate. (c) If the court finds that there is a compelling reason that it would not be in a child's best interests to be returned to his or her parent, referred for termination of parental rights and adoption, or placed with a permanent guardian, then the court's order shall document the compelling reason and provide that such child should be placed in another planned permanent living arrangement as defined in the court's order. (d) A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of a child adjudicated as a dependent child provide such child with assistance and support in developing a transition plan that is personalized at the direction of such child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as such child may elect in the 90 day period immediately prior to the date on which he or she will attain 18 years of age.
15-11-233. (a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to terminate the parental rights of a parent of a child adjudicated as a dependent child or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption if:
(1) A child adjudicated as a dependent child has been in foster care under the responsibility of DFCS for 15 of the most recent 22 months; (2) The court has made a determination that the parent has subjected his or her child to aggravated circumstances; or (3) The court has made a determination that the parent of a child adjudicated as a dependent child has been convicted of:
(A) The murder of another child of such parent; (B) Voluntary manslaughter of another child of such parent; (C) Voluntary manslaughter of the other parent of such child; (D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of such child; or (F) Committing felony assault that has resulted in serious bodily injury to such child or to another child of such parent. (b) Termination of parental rights may not be in the best interests of a child adjudicated as a dependent child when:

THURSDAY, FEBRUARY 28, 2013

1393

(1) Such child is being cared for by his or her relative; (2) The case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of such child. Such compelling reasons may include, but not be limited to:
(A) A parent of such child is successfully participating in services that will make it possible for his or her child to safely return home; (B) Another permanency plan is better suited to meet the health and safety needs of such child. Documentation that another permanent plan is better suited to meet the health and safety needs of such child may include documentation that:
(i) Such child is 14 years of age or older and objects to termination of parental rights. Prior to accepting a child's objection, the court shall personally question such child in chambers to determine whether the objection is a voluntary and knowing choice; (ii) Such child is 16 years of age or older and specifically requests that emancipation be established as his or her permanent plan; (iii) The parent of such child and such child have a significant bond, but such parent is unable to care for such child because of an emotional or physical disability and such child's caregiver has committed to raising such child to the age of majority and facilitating visitation with such disabled parent; or (iv) Such child is in a residential treatment facility that provides services specifically designed to address his or her treatment needs and the court determines that his or her needs could not be served by a less restrictive placement; (C) Such child is living with his or her relative who is unable or unwilling to adopt such child, but who is willing and capable of providing such child with a stable and permanent home environment and the removal of such child from the physical custody of his or her relative would be detrimental to such child's emotional wellbeing; (D) The court or judicial citizen review panel, in a prior hearing or review, determined that while the case plan was to reunify the family, DFCS did not make reasonable efforts; or (E) Such child is an unaccompanied refugee or there are international legal obligations or foreign policy reasons that would preclude terminating parental rights; or (3) DFCS has not provided to the family of such child services deemed necessary for his or her safe return to his or her home, consistent with the specific time frames for the accomplishment of the case plan goals. (c) The recommendation by DFCS that termination of parental rights is not in the best interests of a child shall be based on the present family circumstances of such child and shall not preclude a different recommendation at a later date if the family circumstances of a child adjudicated as a dependent child change.

1394

JOURNAL OF THE HOUSE

Part 13
15-11-240. (a) In addition to the jurisdiction to appoint guardians pursuant to Code Section 15-1113, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child adjudicated as a dependent child in accordance with this article. Prior to the entry of such an order, the court shall:
(1) Find that reasonable efforts to reunify such child with his or her parents would be detrimental to such child or find that the living parents of such child have consented to the permanent guardianship; (2) Find that termination of parental rights and adoption is not in the best interests of such child; (3) Find that the proposed permanent guardian can provide a safe and permanent home for such child; (4) Find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen as such child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and (5) If such child is 14 years of age or older, find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child. (b) The court may enter an order of support on behalf of a child against the parents of such child in accordance with paragraph (7) of subsection (a) of Code Section 15-11212.
15-11-241. The petition for the appointment of a permanent guardian pursuant to this part shall set forth:
(1) The facts upon which the court's jurisdiction is based; (2) The name and date of birth of the child adjudicated as a dependent child; (3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to such child, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to such child, if any; (4) A statement that:
(A) Reasonable efforts to reunify such child with his or her parents would be detrimental to such child; (B) Termination of parental rights and adoption is not in the best interests of such child; (C) The proposed guardian can provide a safe and permanent home for such child;

THURSDAY, FEBRUARY 28, 2013

1395

(D) The appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen as such child's guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and (E) If such child is 14 years of age or older, that the appointment of a permanent guardian for such child is in the best interests of the child and that the individual chosen by such child as the child's permanent guardian is the most appropriate individual to be such child's permanent guardian taking into consideration the best interests of the child; (5) Whether such child was born out of wedlock and, if so, the name and address of the biological father, if known; (6) Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of such child that deals with the guardianship of such child and the name and address of any designee named in the document; (7) In addition to the petitioner and the nominated guardian and, if the parent of such child has not consented to the permanent guardianship, the names and addresses of the following relatives of such child whose whereabouts are known: (A) The adult siblings of such child; provided, however, that not more than three adult siblings need to be listed; (B) If there is no adult sibling of such child, the grandparents of such child; provided, however, that not more than three grandparents need to be listed; or (C) If there is no grandparent of such child, any three of the nearest adult relatives of such child determined according to Code Section 53-2-1; (8) Whether a temporary guardian has been appointed for such child or a petition for the appointment of a temporary guardian has been filed or is being filed; and (9) The reason for any omission in the petition for appointment of a permanent guardian for such child in the event full particulars are lacking.
15-11-242. (a) Permanent guardianship orders entered pursuant to Code Section 15-11-240 shall:
(1) Remain in effect until the child adjudicated as a dependent child reaches the age of 18 or becomes emancipated; (2) Not be subject to review by the court except as provided in Code Section 15-11244; and (3) Establish a reasonable visitation schedule which allows the child adjudicated as a dependent child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent's right to visitation. (b) A permanent guardian shall have the rights and duties of a permanent guardian as provided in Code Sections 29-2-21, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as provided in Code Section 29-2-24.

1396

JOURNAL OF THE HOUSE

15-11-243. (a) Notice of a guardianship petition pursuant to this part shall be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardianship, notice of the petition shall not be required to be given to:
(1) The adult siblings of the child who was adjudicated as a dependent child; (2) The grandparents of the child who was adjudicated as a dependent child; or (3) The nearest adult relatives of the child who was adjudicated as a dependent child as determined in accordance with Code Section 53-2-1. (b) The hearing shall be conducted in accordance with Code Section 29-2-18 to determine the best interests of the child who was adjudicated as a dependent child, and in reaching its determination the court shall consider Code Section 15-11-240.
15-11-244. (a) The court shall retain jurisdiction over a guardianship action under this part for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian. (b) The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support or visitation order entered pursuant to Code Section 15-11-240. (c) The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child who was adjudicated as a dependent child or the guardian and that such modification, vacation, or revocation of the guardianship order and the appointment of a new guardian is in the best interests of the child. Appointment of a new guardian shall be subject to the provisions of Code Sections 15-11-240 and 15-11241.
ARTICLE 4 Part 1
15-11-260. (a) The purpose of this article is:
(1) To protect a child who has been adjudicated as a dependent child from his or her parent who is unwilling or unable to provide safety and care adequate to meet such child's physical, emotional, and mental health needs by providing a judicial process for the termination of all parental rights and responsibilities; (2) To eliminate the need for a child who has been adjudicated as a dependent child to wait unreasonable periods of time for his or her parent to correct the conditions which prevent his or her return to the family; (3) To ensure that the continuing needs of a child who has been alleged or adjudged to be a dependent child for proper physical, mental, and emotional growth and development are the decisive considerations in all proceedings;

THURSDAY, FEBRUARY 28, 2013

1397

(4) To ensure that the constitutional rights of all parties are recognized and enforced in all proceedings conducted pursuant to this article while ensuring that the fundamental needs of a child are not subjugated to the interests of others; and (5) To encourage stability in the life of a child who has been adjudicated as a dependent child and has been removed from his or her home by ensuring that all proceedings are conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for such child. (b) Nothing in this article shall be construed as affecting the rights of a parent who is not the subject of the proceedings.
15-11-261. (a) An order terminating the parental rights of a parent shall be without limit as to duration and shall divest the parent and his or her child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except:
(1) The right of such child to receive child support from his or her parent until a final order of adoption is entered; (2) The right of such child to inherit from and through his or her parent. The right of inheritance of such child shall be terminated only by a final order of adoption; and (3) The right of such child to pursue any civil action against his or her parent. (b) When an order terminating the parent and child relationship has been issued, the parent whose right has been terminated shall not thereafter be entitled to notice of proceedings for the adoption of his or her child by another, nor has the parent any right to object to the adoption or otherwise to participate in such proceedings. (c) The relationship between a child and his or her siblings shall not be severed until that relationship is terminated by final order of adoption. (d) A relative whose relationship to a child is derived through the parent whose parental rights are terminated shall be considered to be a relative of such child for purposes of placement of, and permanency plan for, such child until such relationship is terminated by final order of adoption.
15-11-262. (a) A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for a child in a termination of parental rights proceeding. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child. (c) A child's attorney owes to a child the duties imposed by the law of this state in an attorney-client relationship. (d) The court may appoint a guardian ad litem for a child in a termination proceeding at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person

1398

JOURNAL OF THE HOUSE

as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (e) The role of a guardian ad litem in a termination of parental rights proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (f) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding. (g) An attorney appointed to represent a child in a termination proceeding shall continue the representation in any subsequent appeals unless excused by the court. (h) Unless authorized by the court, neither a child or a representative of a child may waive the right to any attorney in a termination proceeding. (i) A party other than a child shall be informed of his or her right to an attorney prior to the adjudication hearing and prior to any other hearing at which a party could be subjected to the loss of residual parental rights. A party other than a child shall be given an opportunity to:
(1) Obtain and employ an attorney of the party's own choice; (2) To obtain a court appointed attorney if the court determines that the party is an indigent person; or (3) Waive the right to an attorney.
15-11-263. (a) Upon motion of any party or the court, the court may require a physical or mental evaluation of a child adjudicated as a dependent child or his or her parent, stepparent, guardian, or legal custodian. (b) The cost of any ordered evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.
15-11-264. (a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party; (2) A copy of any formal written statement made by the child adjudicated as a dependent child or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing; (3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced; (4) Any drug screen concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian;

THURSDAY, FEBRUARY 28, 2013

1399

(5) Any case plan concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian; (6) Any visitation schedule related to the child who is adjudicated as a dependent child; (7) Photographs and any physical evidence which are intended to be introduced at any hearing; (8) Copies of the police incident report regarding an occurrence which forms part or all of the basis of the petition; and (9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section. (b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing: (1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the child adjudicated as a dependent child or the family, parent, guardian, or legal custodian of such child; (2) Any school record concerning the child adjudicated as a dependent child; (3) Any medical record concerning the child adjudicated as a dependent child; (4) Transcriptions, recordings, and summaries of any oral statement of the child adjudicated as a dependent child or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel; (5) Any family team meeting report or multidisciplinary team meeting report concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian; (6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and (7) Immigration records concerning the child adjudicated as a dependent child. (c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of the request. If the

1400

JOURNAL OF THE HOUSE

request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request. (e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
(1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) No deposition shall be taken of a child adjudicated as a dependent child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part. (g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication. (i) Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.
15-11-265. Once a petition to terminate parental rights has been filed, the parent of a child adjudicated as a dependent child shall thereafter be without authority to execute an act of surrender or otherwise to affect the custody of his or her child except such parent may:
(1) Execute an act of surrender in favor of the department; and

THURSDAY, FEBRUARY 28, 2013

1401

(2) Consent to a judgment terminating his or her parental rights.
Part 2
15-11-270. (a) A proceeding under this article shall be commenced in the county that has jurisdiction over the related dependency proceedings. (b) For the convenience of the parties, the court may transfer proceedings to the county in which the parent of a child adjudicated as a dependent child legally resides. If a proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.
Part 3
15-11-280. (a) A petition to terminate parental rights and all subsequent court documents in such proceeding shall be entitled 'In the interest of _____, a child.', except upon appeal, in which event the anonymity of a child shall be preserved by use of appropriate initials. The petition shall be in writing. (b) The petition to terminate parental rights shall be made, verified, and endorsed by the court as provided in Article 3 of this chapter for a petition alleging dependency. (c) A petition to terminate parental rights shall:
(1) State clearly that an order for termination of parental rights is requested and that the effect of the order will conform to Code Section 15-11-261; (2) State the statutory ground, as provided in Code Section 15-11-310, on which the petition is based; and (3) Set forth plainly and with particularity:
(A) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and the public that the proceeding be brought; (B) The name, age, date of birth, and residence address of the child named in the petition; (C) The name and residence address of the parent, guardian, or legal custodian of such child; or, if the parent, guardian, or legal custodian of the child named in the petition to terminate parental rights does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (D) Whether the child named in the petition is in protective custody and, if so, the place of his or her foster care and the time such child was taken into protective custody; and (E) Whether any of the information required by this paragraph is unknown.

1402

JOURNAL OF THE HOUSE

(d) When a petition to terminate parental rights seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to his child, the petition shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child named in the petition or indicating the possibility of paternity of a child of the child's mother for a period beginning no more than two years immediately preceding such child's date of birth. The certificate shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition or as of a date later than the date of the petition. (e) A copy of a voluntary surrender or written consent, if any, previously executed by a parent of the child named in the petition to terminate parental rights shall be attached to the petition.
15-11-281. (a) The court shall direct the issuance of a summons to the mother, legal father or biological father, guardian, legal custodian, attorney, and guardian ad litem, if any, of the child named in the petition to terminate parental rights and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. A copy of such petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of such petition can be obtained. (b) The court shall direct notice and a copy of the petition be provided to the child named in the petition if the child is 14 years of age or older. (c) The summons shall include the notice of effect of a termination judgment as set forth in Code Section 15-11-284 and shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (d) The court may endorse upon the summons an order directing the parent, guardian, or legal custodian of the child named in the petition to appear personally at the hearing or directing the person having the physical custody or control of such child to bring such child to the hearing. (e) A party other than the child named in the petition may waive service of summons by written stipulation or by voluntary appearance at the hearing.
15-11-282. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 30 days before the termination of parental rights hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least 30 days before the termination of parental rights hearing by mailing

THURSDAY, FEBRUARY 28, 2013

1403

him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least 30 days before the termination of parental rights hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt request. (d) If, after due diligence, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The termination of parental rights hearing shall not be earlier than 31 days after the date of the last publication.
(e)(1) Service by publication shall be made once a week for four consecutive weeks in the legal organ of the county where the petition to terminate parental rights has been filed. Service shall be deemed complete upon the date of the last publication. (2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights. (3) The petition to terminate parental rights shall be available to the parent whose rights are sought to be terminated free of charge from the court during business hours or, upon request, shall be mailed to such parent. (4) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition to terminate parental rights to the absent parent's last known address. (f) Service of the summons may be made by any suitable person under the direction of the court. (g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-283. (a) Unless he has surrendered all parental rights to his child, a summons shall be served on the legal father of a child named in the petition brought pursuant to this article or the biological father:
(1) Whose paternity has been previously established in a judicial proceeding to which the father was a party; (2) Whose identity is known to the petitioner or the petitioner's attorney;

1404

JOURNAL OF THE HOUSE

(3) Who is a registrant on the putative father registry and has acknowledged paternity of the child named in the petition brought pursuant to this article; (4) Who is a registrant on the putative father registry who has indicated possible paternity of the child named in the petition brought pursuant to this article that was born to such child's mother during a period beginning no more than two years immediately preceding such child's date of birth; or (5) Who, if the court finds from the evidence including but not limited to the affidavit of the mother of a child named in the petition brought pursuant to this article, has performed any of the following acts:
(A) Lived with such child; (B) Contributed to such child's support; (C) Made any attempt to legitimate such child; or (D) Provided support or medical care for such mother either during her pregnancy or during her hospitalization for the birth of such child. (b) Notice shall be given to the biological father or legal father by the following methods: (1) If the biological father or legal father is within this state and can be found, the summons shall be served upon him personally as soon as possible and least 30 days before the termination of parental rights hearing; (2) If the biological father or legal father is outside this state but his address is known or can be ascertained with due diligence, service of summons shall be made at least 30 days before the termination of parental rights hearing either by delivering a copy to him personally or by mailing a copy to him by registered or certified mail or statutory overnight delivery, return receipt requested; or (3) If, after due diligence, the biological father or legal father to be served with summons cannot be found and his address cannot be ascertained, whether he is within or outside this state, the court may order service of summons upon him by publication. The termination of parental rights hearing shall not be earlier than 31 days after the date of the last publication. Service by publication shall be as follows: (A) Service by publication shall be made once a week for four consecutive weeks in the legal organ of the county where the petition to terminate parental rights has been filed and of the county of the biological father's last known address. Service shall be deemed complete upon the date of the last publication; (B) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the biological father or legal father to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights; (C) The petition to terminate parental rights shall be available to the biological father or legal father whose rights are sought to be terminated free of charge from

THURSDAY, FEBRUARY 28, 2013

1405

the court during business hours or, upon request, shall be mailed to the biological father or legal father; and (D) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition to terminate parental rights to the biological father's or legal father's last known address. (c) The notice shall advise the biological father who is not the legal father that he may lose all rights to the child named in a petition brought pursuant to this article and will not be entitled to object to the termination of his rights to such child unless, within 30 days of receipt of notice, he files: (1) A petition to legitimate such child; and (2) Notice of the filing of the petition to legitimate with the court in which the termination of parental rights proceeding is pending. (d) If the identity of the biological father whose rights are sought to be terminated is not known to the petitioner or the petitioner's attorney and the biological father would not be entitled to notice in accordance with subsection (a) of this Code section, then it shall be rebuttably presumed that he is not entitled to notice of the proceedings. The court shall be authorized to require the mother to execute an affidavit supporting the presumption or show cause before the court if she refuses. Absent evidence rebutting the presumption, no further inquiry or notice shall be required by the court, and the court may enter an order terminating the rights of the biological father. (e) The court may enter an order terminating all the parental rights of a biological father, including any right to object thereafter to such proceedings: (1) Who fails to file a timely petition to legitimate the child named in a petition brought pursuant to this article and notice in accordance with subsection (c) of this Code section; (2) Whose petition to legitimate is subsequently dismissed for failure to prosecute; or (3) Whose petition to legitimate does not result in a court order finding that he is the legal father of the child named in a petition brought pursuant to this article.
15-11-284. The notice required to be given to the mother, the biological father, and legal father of the child shall state: 'NOTICE OF EFFECT OF TERMINATION JUDGMENT
Georgia law provides that you can permanently lose your rights as a parent. A petition to terminate parental rights has been filed requesting the court to terminate your parental rights to your child. A copy of the petition to terminate parental rights is attached to this notice. A court hearing of your case has been scheduled for the _____ day of __________, _____, at (time of day), at the_________Court of _______County. If you fail to appear, the court can terminate your rights in your absence.

1406

JOURNAL OF THE HOUSE

If the court at the trial finds that the facts set out in the petition to terminate parental rights are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to your child. This means that you will not have the right to visit, contact, or have custody of your child or make any decisions affecting your child or your child's earnings or property. Your child will be legally freed to be adopted by someone else. Even if your parental rights are terminated: (1) You will still be responsible for providing financial support (child support payments) for your child's care unless and until your child is adopted; and (2) Your child can still inherit from you unless and until your child is adopted. This is a very serious matter. You should contact an attorney immediately so that you can be prepared for the court hearing. You have the right to hire an attorney and to have him or her represent you. If you cannot afford to hire an attorney, the court will appoint an attorney if the court finds that you are an indigent person. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is __________.'
15-11-285. (a) If any person named in and properly served with a summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child named in the petition pursuant to this article before the court, then the court may issue a rule nisi against the person, directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child named in the petition pursuant to this article into protective custody.
Part 4
15-11-300. (a) In advance of each hearing to terminate parental rights, DFCS shall give written notice of the date, time, place, and purpose of the hearing to the caregiver of the child at issue, the foster parents of such child, if any, any preadoptive parent, or any relative providing care for such child, including the right to be heard. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing by United States mail, e-mail, or hand delivery. (b) This Code section shall not be construed to require a caregiver, foster parent, preadoptive parent, or relative caring for the child at issue to be made a party to the hearing solely on the basis of such notice and right to be heard.

THURSDAY, FEBRUARY 28, 2013

1407

15-11-301. (a) If no just cause has been shown for delay, all hearings contemplated by this article shall be conducted within 90 days of the date a petition to terminate parental rights is filed. (b) If no just cause for delay has been shown by written finding of fact by the court, an order of disposition shall be issued by the juvenile court no later than 30 days after the conclusion of the hearing on the petition to terminate parental rights. (c) All hearings contemplated by this article shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the hearings. If no just cause for delay has been shown, the court reporter shall provide a transcript of the hearings no later than 30 days after a notice of appeal is filed. (d) This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order. (e) Failure to comply with the time requirements of this Code section shall not be grounds to invalidate an otherwise proper order terminating parental rights unless the court determines that such delay resulted in substantial prejudice to a party.
15-11-302. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent dependency or termination proceedings involving the same child or dependency or termination proceedings involving the same respondent.
15-11-303. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence.
Part 5
15-11-310. (a) In considering the termination of parental rights, the court shall first determine whether one of the following statutory grounds for termination of parental rights has been met:
(1) The parent has given written consent to termination which has been acknowledged by the court or has voluntarily surrendered his or her child for adoption; (2) The parent has subjected his or her child to aggravated circumstances; (3) The parent has wantonly and willfully failed to comply for a period of 12 months or longer with a decree to support his or her child that has been entered by a court of competent jurisdiction of this or any other state; (4) A child is abandoned by his or her parent; or

1408

JOURNAL OF THE HOUSE

(5) A child is a dependent child due to lack of proper parental care or control by his or her parent, reasonable efforts to remedy the circumstances have been unsuccessful or were not required, such cause of dependency is likely to continue or will not likely be remedied, and the continued dependency will cause or is likely to cause serious physical, mental, emotional, or moral harm to such child. (b) If any of the statutory grounds for termination has been met, the court shall then consider whether termination is in a child's best interests after considering the following factors: (1) Such child's sense of attachments, including his or her sense of security and familiarity, and the continuity of affection for such child; (2) Such child's wishes and long-term goals; (3) Such child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives; and (4) Any other factors, including the factors set forth in Code Section 15-11-26, considered by the court to be relevant and proper to its determination. (c) If the court determines that a parent has subjected his or her child to aggravated circumstances because such parent has committed the murder of the other parent of such child, the court shall presume that termination of parental rights is in the best interests of the child.
15-11-311. (a) In determining whether a child is without proper parental care and control, the court shall consider, without being limited to, the following:
(1) A medically verified deficiency of such child's parent's physical, mental, or emotional health that is of such duration or nature so as to render such parent unable to provide adequately for his or her child; (2) Excessive use of or history of chronic unrehabilitated substance abuse with the effect of rendering a parent of such child incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of his or her child; (3) A felony conviction and imprisonment of a parent of such child for an offense which has a demonstrably negative effect on the quality of the parent-child relationship including, but not limited to, any of the following:
(A) Murder of another child of such parent; (B) Voluntary manslaughter of another child of such parent; (C) Voluntary manslaughter of the other parent of his or her child; (D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of his or her child; or (F) Committing felony assault that results in serious bodily injury to his or her child or another child of such parent;

THURSDAY, FEBRUARY 28, 2013

1409

(4) Egregious conduct or evidence of past egregious conduct of a physically, emotionally, or sexually cruel or abusive nature by such parent toward his or her child or toward another child of such parent; (5) Physical, mental, or emotional neglect of his or her child or evidence of past physical, mental, or emotional neglect by the parent of such child or another child of such parent; and (6) Serious bodily injury or death of a sibling of his or her child under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. (b) In determining whether a child who is not in the custody and care of his or her parent is without proper parental care and control, the court shall also consider, without being limited to, whether such parent, without justifiable cause, has failed significantly for a period of six months prior to the date of the termination hearing: (1) To develop and maintain a parental bond with his or her child in a meaningful, supportive manner; (2) To provide for the care and support of his or her child as required by law or judicial decree; and (3) To comply with a court ordered plan designed to reunite such parent with his or her child. (c) A parent's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for determining a parent to be unwilling or unable to provide safety and care adequate to meet his or her child's physical, emotional, and mental health needs as provided in paragraph (1) of subsection (a) of this Code section or as depriving such child of proper parental care or control for purposes of this Code section and Code Section 15-11-310.
Part 6
15-11-320. (a) When the court finds that any ground set out in Code Section 15-11-310 is proved by clear and convincing evidence and that termination of parental rights is in a child's best interests, it shall order the termination of the parent's rights. (b) The court's order shall:
(1) Contain written findings on which the order is based, including the factual basis for a determination that grounds for termination of parental rights exist and that termination is in the best interests of the child; (2) Be conclusive and binding on all parties from the date of entry; (3) Grant custody of the child at issue in accordance with Code Section 15-11-321; and (4) Inform the parent whose rights have been terminated of his or her right to use the services of the Georgia Adoption Reunion Registry; however, failure to include such information shall not affect the validity of the judgment.

1410

JOURNAL OF THE HOUSE

(c) If the court does not order the termination of parental rights but the court finds that there is clear and convincing evidence that a child is a dependent child, the court may enter a disposition order in accordance with the provisions of Article 3 of this chapter. (d) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the department within 15 days of the filing of such order.
15-11-321. (a) When a court enters an order terminating the parental rights of a parent or accepts a parent's voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child's court approved permanency plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in a child's best interests, the court shall enter findings of fact reflecting its consideration of the following:
(1) Such child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement for such child; (3) Such child's sense of attachment and need for continuity of relationships; (4) The value of biological and familial connections; and (5) Any other factors the court deems relevant to its determination. (b) A guardian or legal custodian shall submit to the jurisdiction of the court for purposes of placement. (c) A placement effected under the provisions of this Code section shall be conditioned upon the person who is given custody or who is granted an adoption of a child whose parents have had their parental rights terminated or surrendered agreeing to abide by the terms and conditions of the order of the court. (d) In addition to its rights as a legal custodian, the department has the authority to consent to the adoption of a child whose parents have had their parental rights terminated or surrendered.
15-11-322. (a) If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains unadopted, review the circumstances of such child to determine what efforts have been made to assure that such child will be adopted. The court shall:
(1) Make written findings regarding whether reasonable efforts have been made to move such child to permanency; (2) Evaluate whether, in light of any change in circumstances, the permanency plan for such child remains appropriate; and

THURSDAY, FEBRUARY 28, 2013

1411

(3) Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement. (b) In those cases in which a child whose parents have had their parental rights terminated or surrendered was placed with a guardian, within 60 days after such appointment and within 60 days after each anniversary date of such appointment, the guardian shall file with the court a personal status report of such child which shall include: (1) A description of such child's general condition, changes since the last report, and such child's needs; (2) All addresses of such child during the reporting period and the living arrangements of such child for all addresses; and (3) Recommendations for any modification of the guardianship order.
15-11-323. (a) A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights or the parent voluntarily surrendered parental rights to DFCS and for whom the court has determined that adoption is no longer the permanent plan may petition the court to reinstate parental rights pursuant to the modification of orders procedure prescribed by Code Section 15-11-32. Such child may file the petition to reinstate parental rights prior to the expiration of such three-year period if the department or licensed child-placing agency that is responsible for the custody and supervision of such child and such child stipulate that such child is no longer likely to be adopted. A child 14 years of age or older shall sign the petition in the absence of a showing of good cause as to why such child could not do so. (b) If it appears that the best interests of a child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall cause notice to be served by United States mail to DFCS, the attorney of record, guardian ad litem, if any, and foster parents, if any, of the child whose parental rights were terminated or surrendered and the child's former parent whose parental rights were terminated or surrendered. The former parent and foster parents, if any, shall have a right to be heard at the hearing to reinstate parental rights but shall not be parties at such hearing, and such hearing may be conducted in their absence. A child's motion shall be dismissed if his or her former parent cannot be located or if such parent objects to the reinstatement. (c) The court shall grant the petition if it finds by clear and convincing evidence that a child is no longer likely to be adopted and that reinstatement of parental rights is in the child's best interests. In determining whether reinstatement is in the child's best interests the court shall consider, but not be limited to, the following:
(1) Whether a parent whose rights are to be reinstated is a fit parent and has remedied his or her deficits as provided in the record of the prior termination proceedings and prior termination order; (2) The age and maturity of a child and the ability of such child to express his or her preference;

1412

JOURNAL OF THE HOUSE

(3) Whether the reinstatement of parental rights will present a risk to a child's health, welfare, or safety; and (4) Other material changes in circumstances, if any, that may have occurred which warrant the granting of the petition. (d) If the court grants the petition to reinstate parental rights, a review hearing shall be scheduled within six months. During such period, the court may order that a child be immediately placed in the custody of his or her parent or, if the court determines that a transition period is necessary and such child is in DFCS custody at the time of the order, order DFCS to provide transition services to the family as appropriate. (e) An order granted under this Code section reinstates a parent's rights to his or her child. Such reinstatement shall be a recognition that the situation of the parent and his or her child has changed since the time of the termination of parental rights and reunification is now appropriate. (f) This Code section is intended to be retroactive and applied to any child who is under the jurisdiction of the court at the time of the hearing regardless of the date parental rights were terminated.
ARTICLE 5 Part 1
15-11-380. The purpose of this article is:
(1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from the irreversibility of certain choices and to protect the integrity of such child's family; (2) To make family members aware of their contributions to their family's problems and to encourage family members to accept the responsibility to participate in any program of care ordered by the court; (3) To provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation that he or she needs to assist him or her in becoming a responsible and productive member of society; and (4) To ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of a family referred to the court.
15-11-381. As used in this article, the term:
(1) 'Comprehensive services plan' means an interagency treatment, habilitation, support, or supervision plan developed collaboratively by state or local agency representatives, parties, and other interested persons following a court's finding that a child is incompetent to proceed. (2) 'Habilitation' means the process by which a child is helped to acquire and maintain those life skills which will enable him or her to cope more effectively with

THURSDAY, FEBRUARY 28, 2013

1413

the demands of his or her own person and of his or her environment and to raise the level of his or her physical, mental, social, and vocational abilities. (3) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a comprehensive services plan. (4) 'Runaway' means a child who without just cause and without the consent of his or her parent, guardian, or legal custodian is absent from his or her home or place of abode for at least 24 hours. (5) 'Status offense' means an act prohibited by law which would not be an offense if committed by an adult. (6) 'Truant' means having ten or more days of unexcused absences from school in the current academic year.
Part 2
15-11-390. (a) A complaint alleging a child is a child in need of services may be filed by a parent, guardian, or legal custodian, DFCS, a school official, a law enforcement officer, a guardian ad litem, or an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true. (b) The complaint shall set forth plainly and with particularity:
(1) The name, date of birth, and residence address of the child alleged to be a child in need of services; (2) The names and residence addresses of the parent, guardian, or legal custodian, any other family members, or any other individuals living within such child's home; (3) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by such child; and (4) Whether any of the matters required by this subsection are unknown. (c) When a school official is filing a complaint alleging a child is a child in need of services, information shall be included which shows that: (1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and (2) The school district has sought to engage the parent, guardian, or legal custodian of such child in solving the problem but such person has been unwilling or unable to do so, that the problem remains, and that court intervention is needed. (d) When a school official is filing a complaint alleging a child is a child in need of services involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, information shall be included which demonstrates that the legally liable school district: (1) Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and

1414

JOURNAL OF THE HOUSE

(2) Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate. (e) The juvenile court intake officer shall be responsible for receiving complaints alleging that a child is a child in need of services.
Part 3
15-11-400. (a) The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than:
(1) Twenty-four hours after such child is taken into temporary custody if he or she is being held in a secure residential facility or nonsecure residential facility; or (2) Seventy-two hours after such child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (b) If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the following time frames apply: (1) The petition for a child in need of services shall be filed:
(A) Within 30 days of the filing of the complaint with the juvenile court; or (B) Within 30 days of such child's release from temporary custody; (2) Summons shall be served at least 24 hours before the adjudication hearing; (3) An adjudication hearing shall be scheduled to be held no later than 60 days after the filing of the petition for a child in need of services; and (4) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing. (c) If a child alleged to be a child in need of services is not released from temporary custody at the continued custody hearing, the following time frames apply: (1) The petition for a child in need of services shall be filed within five days of the continued custody hearing; (2) Summons shall be served at least 72 hours before an adjudication hearing; (3) An adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition for a child in need of services; and (4) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.
15-11-401. (a) A proceeding under this article may be commenced in the county in which the act complained of took place or in the county in which the child alleged to be a child in need of services legally resides. (b) If a proceeding is commenced in the county in which the act complained of took place, the court shall transfer the case to the county in which the child alleged to be a child in need of services legally resides for further proceedings.

THURSDAY, FEBRUARY 28, 2013

1415

(c) When a proceeding is transferred, certified copies of all legal and social documents and records on file with the clerk of court pertaining to the proceeding shall accompany such transfer.
15-11-402. (a) The court shall appoint an attorney for a child alleged to be a child in need of services. (b) The court may appoint a guardian ad litem for a child alleged to be a child in need of services at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (c) The role of a guardian ad litem in a proceeding for a child in need of services shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (d) If an attorney or a guardian ad litem has previously been appointed for a child in a dependency or delinquency proceeding, the court, when possible, shall appoint the same attorney or guardian ad litem for a child alleged to be a child in need of services. (e) An attorney appointed to represent a child in a proceeding for a child in need of services shall continue representation in any subsequent appeals unless excused by the court. (f) A child alleged to be a child in need of services shall be informed of his or her right to an attorney at or prior to the first court proceeding for a child in need of services. A child alleged to be a child in need of services shall be given an opportunity to:
(1) Obtain and employ an attorney of his or her own choice; or (2) To obtain a court appointed attorney if the court determines that such child is an indigent person.
15-11-403. A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on such motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record.
15-11-404. If a child is alleged or adjudicated to be a child in need of services and is placed in foster care, the child shall be required to have a case plan. In addition to the case plan requirements of Code Section 15-11-201, a case plan shall include:
(1) A description of such child's strengths and needs; (2) A description of such child's specific parental strengths and needs;

1416

JOURNAL OF THE HOUSE

(3) A description of other personal, family, or environmental problems that may contribute to such child's behaviors; (4) A description of the safety, physical, and mental health needs of such child; (5) Identification of the least restrictive placement to safeguard such child's best interests and protect the community; (6) An assessment of the availability of community resources to address such child's and his or her family's needs; (7) An assessment of the availability of court diversion services; and (8) An assessment of the availability of other preventive measures.
15-11-405. Any proceeding or other processes or actions alleging for the first time that a child is a runaway shall be terminated or dismissed upon the request of such child's parent, guardian, or legal custodian.
Part 4
15-11-410. (a) A child may be taken into temporary custody under this article:
(1) Pursuant to a court order; or (2) By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances are such as to endanger a child's health or welfare unless immediate action is taken. (b) Before entering an order authorizing temporary custody, the court shall consider the results of a detention assessment and determine whether continuation in the home is contrary to a child's welfare and whether there are available services that would prevent the need for custody. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (c) A person taking a child into temporary custody shall deliver such child, with all reasonable speed and without first taking such child elsewhere, to a medical facility if he or she is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking such child into custody, the juvenile court intake officer shall administer a detention assessment and determine if such child should be released, remain in temporary custody, or be brought before the court.
15-11-411. (a) A person taking a child into temporary custody pursuant to Code Section 15-11-410 shall not exercise custody over such child except for a period of 12 hours.

THURSDAY, FEBRUARY 28, 2013

1417

(b) Immediately after a child taken into custody, every effort shall be made to contact such child's parents, guardian, or legal custodian. (c) If a parent, guardian, or legal custodian has not assumed custody of his or her child at the end of the 12 hour period described in subsection (a) of this Code section, the court shall be notified and shall place such child in the least restrictive placement consistent with such child's needs for protection or control in the custody of such child's parents, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court; provided, however, that if such placement is not available, such child shall be placed in the custody of DFCS which shall promptly arrange for foster care of such child.
15-11-412. (a) A child alleged to be a child in need of services may be held in a secure residential facility or nonsecure residential facility until a continued custody hearing is held, provided that a detention assessment has been administered and such child is not held in a secure residential facility or nonsecure residential facility for more than 24 hours and any of the following apply:
(1) It is alleged that such child is a runaway; (2) It is alleged that such child is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable; or (3) Such child has previously failed to appear at a scheduled hearing. (b) A child alleged to be a child in need of services placed in a secure residential facility or nonsecure residential facility pursuant to subsection (a) of this Code section may be appointed an attorney prior to the continued custody hearing. (c) In no case shall a child alleged to be or adjudicated as a child in need of services in custody be detained in a jail, adult lock-up, or other adult detention facility.
15-11-413. (a) If a child alleged to be a child in need of services is being held in a secure residential facility or nonsecure residential facility, a continued custody hearing shall be held within 24 hours. If such hearing is not held within the time specified, such child shall be released from temporary detention in accordance with subsection (c) of Code Section 15-11-411 and with authorization of the detaining authority. (b) If a child alleged to be a child in need of services is not being held in a secure residential facility or nonsecure residential facility and has not been released to the custody of such child's parent, guardian, or legal custodian, a hearing shall be held promptly and not later than 72 hours after such child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (c) At the commencement of a continued custody hearing, the court shall inform the parties of:
(1) The nature of the allegations; (2) The nature of the proceedings;

1418

JOURNAL OF THE HOUSE

(3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) Their due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose.
15-11-414. (a) At a continued custody hearing, the court shall determine whether there is probable cause to believe that a child has committed a status offense or is otherwise a child in need of services and that continued custody is necessary. (b) If the court determines there is probable cause to believe that a child has committed a status offense or is otherwise in need of services, the court may order that such child:
(1) Be released to the custody of his or her parent, guardian, or legal custodian; or (2) Be placed in the least restrictive placement consistent with such child's need for protection and control as authorized by Code Section 15-11-411 and in accordance with Code Section 15-11-415. (c) If the court determines there is probable cause to believe that such child has committed a status offense or is otherwise in need of services, the court shall: (1) Refer such child and his or her family for a community based risk reduction program; or (2) Order that a petition for a child in need of services be filed and set a date for an adjudication hearing. (d) Following a continued custody hearing, the court may detain a child alleged to be a child in need of services in a secure residential facility or nonsecure residential facility for up to 24 hours, excluding weekends and legal holidays, only for the purpose of providing adequate time to arrange for an appropriate alternative placement pending the adjudication hearing. (e) All orders shall contain written findings as to the form or conditions of a child's release. If a child alleged to be a child in need of services cannot be returned to the custody of his or her parent, guardian, or legal custodian at the continued custody hearing, the court shall state the facts upon which the continued custody is based. The court shall make the following findings of fact referencing any and all evidence relied upon to make its determinations: (1) Whether continuation in the home of such child's parent, guardian, or legal custodian is contrary to such child's welfare; and (2) Whether reasonable efforts have been made to safely maintain such child in the home of his or her parent, guardian, or legal custodian and to prevent or eliminate the need for removal from such home. Such finding shall be made at the continued

THURSDAY, FEBRUARY 28, 2013

1419

custody hearing if possible but in no case later than 60 days following such child's removal from his or her home.
15-11-415. (a) Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that a child committed the act of which he or she is accused, there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and:
(1) Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period; (2) Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court; or (3) An order for such child's detention has been made by the court. (b) A child alleged to be a child in need of services shall not be detained: (1) To punish, treat, or rehabilitate such child; (2) To allow his or her parent, guardian, or legal custodian to avoid his or her legal responsibilities; (3) To satisfy demands by a victim, law enforcement, or the community; (4) To permit more convenient administrative access to him or her; (5) To facilitate further interrogation or investigation; or (6) Due to a lack of a more appropriate facility. (c) Whenever a child alleged to be a child in need of services cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of such child shall be favored over more intrusive alternatives. (d) Whenever the curtailment of the freedom of a child alleged to be a child in need of services is permitted, the exercise of authority shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of such child and his or her family; (2) Protection of the psychological and physical health of such child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of such child; (6) Avoidance of stigmatization of such child; and (7) Assurance that such child has been informed of his or her right to consult with an attorney and that, if the child is an indigent person, an attorney will be provided. (e) Before entering an order authorizing detention, the court shall determine whether a child's continuation in his or her home is contrary to his or her welfare and whether there are available services that would prevent or eliminate the need for detention. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision.

1420

JOURNAL OF THE HOUSE

(f) If a child alleged to be a child in need of services can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided.
Part 5
15-11-420. A petition alleging that a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that such facts are true. Such petition shall not be filed unless the court or a person authorized by the court has determined and endorsed on the petition that the filing of the petition is in the best interests of the public and such child.
15-11-421. (a) If a child alleged to be a child in need of services is not released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child is in need of services shall be filed within five days of such continued custody hearing. (b) If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child in need of services shall be filed:
(1) Within 30 days of the filing of the complaint with the juvenile court intake officer; or (2) Within 30 days of such child's release from temporary custody. (c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition seeking an adjudication that a child is a child in need of services in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension. (d) If no petition seeking an adjudication that a child is a child in need of services is filed within the required time frame, the complaint may be dismissed without prejudice.
15-11-422. (a) A petition seeking an adjudication that a child is a child in need of services shall be verified and may be on information and belief. It shall set forth plainly and with particularity:
(1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought; (2) The name, date of birth, and residence address of the child alleged to be a child in need of services; (3) The name and residence address of the parent, guardian, or legal custodian of the child named in the petition; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within the state or if such place of residence address is

THURSDAY, FEBRUARY 28, 2013

1421

unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (4) The name and age of any other family member of such child living within such child's home; (5) Whether all available and appropriate attempts to encourage voluntary use of community services by such child's family have been exhausted; and (6) Whether any of the information required by this subsection is unknown. (b) If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official, such petition shall be dismissed unless it includes information which shows that: (1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and (2) The school district has sought to engage such child's parent, guardian, or legal custodian in solving the problem but any such individual has been unwilling or unable to do so; that the problem remains; and that court intervention is needed. (c) If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, such petition shall be dismissed unless it includes information which demonstrates that the legally liable school district: (1) Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and (2) Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate.
15-11-423. (a) The court shall direct the issuance of a summons to the child alleged to be a child in need of services, his or her parent, guardian, or legal custodian, DFCS and any other public agencies or institutions providing services, and any other persons who appear to the court to be proper or necessary parties to such child in need of services proceeding requiring them to appear before the court at the time fixed to answer the allegations of the petition seeking an adjudication that a child is in need of services. A copy of such petition shall accompany the summons. (b) The summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (c) A party other than a child may waive service of summons by written stipulation or by voluntary appearance at the hearing.

1422

JOURNAL OF THE HOUSE

15-11-424. (a) If a party to be served with a summons pursuant to Code Section 15-11-423 is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 24 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before an adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least five days before an adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) Service of the summons may be made by any suitable person under the direction of the court. (e) The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing on the petition seeking an adjudication that a child is in need of services.
15-11-425. (a) In the event a parent, guardian, or legal custodian of a child alleged to be a child in need of services willfully fails to appear personally at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear or such parent, guardian, or legal custodian willfully fails to bring such child to such hearing after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of the child alleged to be a child in need of services fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. (c) In the event an agency representative willfully fails to appear at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear, the court may direct the appropriate agency representative to appear before the court to show cause why a contempt order should not be issued. (d) If a child 16 years of age or older fails to appear at a hearing on a petition seeking an adjudication that such child is a child in need of services after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section 15-11-31.

THURSDAY, FEBRUARY 28, 2013

1423

(e) If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing on a petition seeking an adjudication that such child is a child in need of services after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section 15-11-31.
Part 6
15-11-440. The petitioner has the burden of proving the allegations of a child in need of services petition by clear and convincing evidence.
15-11-441. (a) If a child alleged to be a child in need of services is in continued custody but not in a secure residential facility or nonsecure residential facility, the adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition seeking an adjudication that such child is a child in need of services. If such child is not in continued custody, the adjudication hearing shall be scheduled to be held no later than 60 days after the filing of such petition. (b) At the conclusion of the adjudication hearing, the court shall determine whether such child is a child in need of services.
15-11-442. (a) If the court finds that a child is a child in need of services, a final disposition hearing shall be held and completed within 60 days of the conclusion of the adjudication hearing. (b) The court shall order the least restrictive and most appropriate disposition. Such disposition may include:
(1) Permitting such child to remain with his or her caregiver without limitations or conditions; (2) Permitting such child to remain with his or her caregiver subject to such limitations and conditions as the court may prescribe; (3) Placing such child on probation or unsupervised probation on such terms and conditions as deemed in the best interests of such child and the public. An order granting probation to a child in need of services may be revoked on the ground that the terms and conditions of the probation have not been observed; (4) Requiring that such child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; (5) Requiring that such child make restitution. A restitution order may remain in force and effect simultaneously with another order of the court. Payment of funds shall be made by such child or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and such court shall disburse such funds in the manner authorized in the

1424

JOURNAL OF THE HOUSE

order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to:
(A) The juvenile court of the county of such child's residence and its probation staff, if he or she changes his or her place of residence; or (B) A superior court once such child reaches 18 years of age if he or she thereafter comes under the jurisdiction of the superior court; (6) Imposing a fine on such child who has committed an offense which, if committed by an adult, would be a violation under the criminal laws of this state or has violated an ordinance or bylaw of a county, city, town, or consolidated government. Such fine shall not exceed the fine which may be imposed against an adult for the same offense; (7) Requiring such child to attend structured after-school or evening programs or other court approved programs as well as requiring supervision of such child during the time of the day in which he or she most often used to perform the acts complained of in the petition alleging that such child is a child in need of services; (8) Any order authorized for the disposition of a dependent child; (9) Any order authorized for the disposition of a delinquent child except that a child in need of services shall not be placed in a secure residential facility or nonsecure residential facility nor shall such facility accept such child; or (10) Any combination of the dispositions set forth in paragraphs (1) through (9) of this subsection as the court deems to be in the best interests of a child and the public. (c) All disposition orders shall include written findings of the basis for the disposition and such conditions as the court imposes and a specific plan of the services to be provided.
15-11-443. (a) An order of disposition shall be in effect for the shortest time necessary to accomplish the purposes of the order and for not more than two years. A written disposition order shall state the length of time the order is to be in effect. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of DFCS, DJJ, the prosecuting attorney, or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (b) The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished. (c) When a child adjudicated as a child in need of services reaches 18 years of age, all orders affecting him or her then in force shall terminate and he or she shall be discharged from further obligation or control.

THURSDAY, FEBRUARY 28, 2013

1425

15-11-444. (a) An order granting probation to a child adjudicated to be a child in need of services may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to any person authorized to make a petition alleging that a child is in need of services as set forth in Code Section 15-11-420. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) A motion for revocation of probation shall be served upon the child, his or her attorney, and parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-424. (d) If a child in need of services is taken into custody because of the alleged violation of probation, the provisions governing the detention of a child under this article shall apply. (e) A revocation hearing shall be scheduled to be held no later than 30 days after the filing of a motion to revoke probation. (f) If the court finds, beyond a reasonable doubt, that a child in need of services violated the terms and conditions of probation, the court may:
(1) Extend his or her probation; (2) Impose additional conditions of probation; or (3) Make any disposition that could have been made at the time probation was imposed.
15-11-445. The court shall review the disposition of a child in need of services at least once within three months after such disposition and at least every six months thereafter so long as the order of disposition is in effect.
Part 7
15-11-450. (a) After determining, in accordance with the provisions of Article 7 of this chapter, that a child alleged to be a child in need of services in a petition under this article or who has been alleged to have committed a delinquent act is unrestorably incompetent to proceed and the court orders that procedures for a comprehensive services plan be initiated, the court shall appoint a plan manager, if one has not already been appointed, to direct the development of a comprehensive services plan for such child. (b) The plan manager shall convene all relevant parties to develop a comprehensive services plan. A plan manager shall request that the following persons attend such meeting:
(1) The parent, guardian, or legal custodian of such child; (2) Such child's attorney; (3) The person who filed the petition alleging that a child is in need of services or committed a delinquent act;

1426

JOURNAL OF THE HOUSE

(4) Such child's guardian ad litem, if any; (5) Mental health or developmental disabilities representatives; (6) Such child's caseworker; (7) A representative from such child's school; and (8) Any family member of such child who has shown an interest and involvement in such child's well-being. (c) A plan manager may request that other relevant persons attend a comprehensive services plan meeting, including but not limited to the following: (1) A representative from the Department of Public Health; (2) A DFCS caseworker; (3) Representatives of the public and private resources to be utilized in the plan; and (4) Other persons who have demonstrated an ongoing commitment to the child. (d) A plan manager shall be responsible for collecting all previous histories of such child, including, but not limited to, previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the comprehensive services plan meeting. (e) Unless a time extension is granted by the court, a plan manager shall submit the comprehensive services plan to the court within 30 days of the entry of the court's disposition order for a child adjudicated to be unrestorably incompetent to proceed under Article 7 of this chapter. The plan shall include the following: (1) An outline of the specific provisions for supervision of such child for protection of the community and such child; (2) An outline of a plan designed to provide treatment, habilitation, support, or supervision services for a child in the least restrictive environment; (3) If such child's evaluation recommends inpatient treatment, certification by such plan manager that all other appropriate community based treatment options have been exhausted; and (4) Identification of all parties responsible for each element of the plan, including such child, agency representatives, and other persons. (f) A plan manager shall also be responsible for: (1) Convening a meeting of all parties and representatives of all agencies prior to the comprehensive services plan hearing and review hearings; (2) Identifying to the court any person who should provide testimony at the comprehensive services plan hearing; and (3) Monitoring the comprehensive services plan, presenting to the court amendments to the plan as needed, and presenting evidence to the court for the reapproval of the plan at subsequent review hearings.
15-11-451. (a) The court shall hold a comprehensive services plan hearing within 30 days after the comprehensive services plan has been submitted to the court for the purpose of approving the plan. Thereafter, the court shall hold a comprehensive services plan

THURSDAY, FEBRUARY 28, 2013

1427

hearing every six months for the purpose of reviewing such child's condition and approving the comprehensive services plan. (b) The persons required to be notified of a comprehensive services plan hearing and witnesses identified by a plan manager shall be given at least ten days' prior notice of the hearing and any subsequent hearing to review such child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of a child's alleged delinquent act shall also be provided with the same ten days' prior notice and shall be afforded an opportunity to be heard and to present a victim impact form as provided in Code Section 17-10-1.1 to the court at the comprehensive services plan hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of a child adjudicated to be unrestorably incompetent to proceed under Article 7 of this chapter. (c) At the comprehensive services plan hearing, the court shall enter an order incorporating a comprehensive services plan as part of the disposition of the comprehensive services plan hearing. At the time of the disposition, a child shall be placed in an appropriate treatment setting, as recommended by the examiner, unless such child has already been placed in an appropriate treatment setting pursuant to subsection (d) of Code Section 15-11-656. (d) If, during the comprehensive services plan hearing or any subsequent review hearing, the court determines that a child meets criteria for civil commitment, such child may be committed to an appropriate treatment setting. (e) At any time, in the event of a change in circumstances regarding such child, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, the person who filed the petition alleging that a child is in need of services or committed a delinquent act, or the plan manager may set a hearing for review of the comprehensive services plan and any proposed amendments to such plan. The court may issue an appropriate order incorporating an amended plan. (f) If a child is under a comprehensive services plan when he or she reaches the age of 18, the plan manager shall make a referral for appropriate adult services.
ARTICLE 6 Part 1
15-11-470. The purpose of this article is:
(1) Consistent with the protection of the public interest, to hold a child committing delinquent acts accountable for his or her actions, taking into account such child's age, education, mental and physical condition, background, and all other relevant factors, but to mitigate the adult consequences of criminal behavior; (2) To accord due process of law to each child who is accused of having committed a delinquent act; (3) To provide for a child committing delinquent acts with supervision, care, and rehabilitation which ensure balanced attention to the protection of the community, the

1428

JOURNAL OF THE HOUSE

imposition of accountability, and the development of competencies to enable such child to become a responsible and productive member of the community; (4) To promote a continuum of services for a child and his or her family from prevention of delinquent acts to aftercare, considering, whenever possible, prevention, diversion, and early intervention, including an emphasis on community based alternatives; (5) To provide effective sanctions to acts of juvenile delinquency; and (6) To strengthen families and to successfully reintegrate delinquent children into homes and communities.
15-11-471. As used in this article, the term:
(1) 'AIDS transmitting crime' shall have the same meaning as set forth in Code Section 31-22-9.1. (2) 'Behavioral health evaluation' means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to have committed or adjudicated of a delinquent act so as to provide the juvenile court with information and recommendations relevant to the behavioral health status and mental health treatment needs of such child. (3) 'Community rehabilitation center' means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of delinquent children and children in need of services in a neighborhood and family environment in cooperation with community educational, medical, and social agencies. Such center shall:
(A) Be located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and (B) Be operated by a nonprofit corporation organized under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and have a full-time chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chief judge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of juvenile justice; such approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws. (4) 'Determined to be infected with HIV' means having a confirmed positive human immunodeficiency virus (HIV) test or having been clinically diagnosed as having AIDS. (5) 'Graduated sanctions' means: (A) Verbal and written warnings; (B) Increased restrictions and reporting requirements; (C) Community service;

THURSDAY, FEBRUARY 28, 2013

1429

(D) Referral to treatment and counseling programs in the community; (E) Weekend programming; (F) Electronic monitoring, as such term is defined in Code Section 42-8-151; (G) Curfew; (H) An intensive supervision program; or (I) A home confinement program. (6) 'Hearing officer' means a DJJ employee or county juvenile probation office employee, as applicable, who has been selected and appointed by DJJ or the county juvenile probation office, as applicable, to hear cases alleging violations of probation for administrative sanctioning. A hearing officer shall not be a probation officer who has direct supervision over the child who is the subject of the hearing. (7) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, and such test has been approved for such purposes by the regulations of the Department of Community Health. (8) 'Intensive supervision' means the monitoring of a child's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the commissioner of juvenile justice. (9) 'Low risk' means the lowest risk to recidivate as calculated by a risk assessment. (10) 'Moderate risk or high risk' means a calculation by a risk assessment that is not low risk. (11) 'Probation management program' means a special condition of probation that includes graduated sanctions. (12) 'Secure probation sanctions program' means confinement in a secure residential facility or nonsecure residential facility for seven, 14, or 30 days.
15-11-472. (a) A detention hearing shall be held promptly and no later than:
(1) Two business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody without an arrest warrant; or (2) Five business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody pursuant to an arrest warrant. (b) If an alleged delinquent child is placed in preadjudication custody without an arrest warrant and the detention hearing cannot be held within 48 hours because the expiration of the 48 hours falls on a weekend or legal holiday, the court shall review the detention assessment and the decision to detain such child and make a finding based on probable cause within 48 hours of such child being placed in preadjudication custody. (c) If an alleged delinquent child is released from preadjudication custody at the detention hearing or was never taken into custody, the following time frames shall apply: (1) Any petition alleging delinquency shall be filed within 30 days of the filing of the complaint or within 30 days after such child is released from preadjudication custody. If a complaint was not filed, the complaint shall be filed within the statute of limitations as provided by Chapter 3 of Title 17;

1430

JOURNAL OF THE HOUSE

(2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The arraignment hearing shall be scheduled no later than 30 days after the filing of the petition alleging delinquency; (4) The adjudication hearing shall be held no later than 60 days from the filing of the petition alleging delinquency unless a continuance is granted as provided in Code Section 15-11-478; and (5) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (d) If an alleged delinquent child is not released from preadjudication custody at the detention hearing, the following time frames shall apply: (1) The petition alleging delinquency shall be filed within 72 hours of the detention hearing; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The adjudication hearing shall be held no later than ten days after the filing of the petition alleging delinquency unless a continuance is granted as provided in Code Section 15-11-478; and (4) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (e) For purposes of this Code section, preadjudication custody begins when a juvenile court intake officer authorizes the placement of a child in a secure residential facility. (f) A child who is released from detention but subject to conditions of release shall not be considered to be in detention for purposes of calculating time frames set forth in this article or for purposes of calculating time served.
15-11-473. (a) A prosecuting attorney shall conduct delinquency proceedings on behalf of the state. (b) Except as provided in Article 9 of this chapter, in any delinquency proceeding, the prosecuting attorney shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records. It shall be the duty of the clerk, probation and intake officer, probation officers of the juvenile court, and DJJ to assist a prosecuting attorney in obtaining any requested items.
15-11-474. (a) An alleged delinquent child and the state shall be parties at all stages of delinquency proceedings. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall have the right to notice, the right to be present in the courtroom, and the opportunity to be heard at all stages of delinquency proceedings. (c) DJJ shall receive notice of the disposition hearing.

THURSDAY, FEBRUARY 28, 2013

1431

15-11-475. (a) An alleged delinquent child shall have the right to be represented by an attorney at all proceedings under this article. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall not waive his or her child's right to be represented by an attorney. (c) An alleged delinquent child may waive the right to an attorney under limited circumstances as set forth in subsection (b) of Code Section 15-11-511, but if a child's liberty is in jeopardy, he or she shall be represented by an attorney. (d) Upon a motion by an attorney for an alleged delinquent child, together with written permission of such child, a judge shall issue an order providing that such child's attorney shall have access to all dependency, school, hospital, physician, or other health or mental health care records relating for such child.
15-11-476. (a) The court shall appoint a separate guardian ad litem whenever:
(1) An alleged delinquent child appears before the court without his or her parent, guardian, or legal custodian; (2) It appears to the court that a parent, guardian, or legal custodian of an alleged delinquent child is incapable or unwilling to make decisions in the best interests of such child with respect to proceedings under this article such that there may be a conflict of interest between such child and his or her parent, guardian, or legal custodian; or (3) The court finds that it is otherwise in a child's best interests to do so. (b) The role of a guardian ad litem in a delinquency proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (c) Neither a child's attorney in a delinquency proceeding nor his or her parent, guardian, or legal custodian shall prohibit or impede access to such child by the guardian ad litem.
15-11-477. (a) At any time prior to the issuance of a final dispositional order, the court may order a behavioral health evaluation of a child alleged to be or adjudicated as a delinquent child which may be conducted by DBHDD or a private psychologist or psychiatrist. (b) The court shall order and give consideration to the results of a child's behavioral health evaluation before ordering a child adjudicated for a class A designated felony act or class B designated felony act placed in restrictive custody; provided, however, that such order shall not be required if the court has considered the results of a prior behavioral health evaluation of such child that had been completed in the preceding six months. (c) Statements made by a child during a behavioral health evaluation shall only be admissible into evidence as provided in Code Section 15-11-479.

1432

JOURNAL OF THE HOUSE

15-11-478. A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on the motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record.
15-11-479. Voluntary statements made in the course of intake screening of a child alleged to be or adjudicated as a delinquent child or in the course of his or her treatment, any evaluation, or any other related services shall be inadmissible in any adjudication hearing in which such child is the accused and shall not be considered by the court except such statement shall be admissible as rebuttal or impeachment evidence.
15-11-480. (a) When a child enters a denial to a petition alleging his or her delinquency, jeopardy attaches when the first witness is sworn at the adjudication hearing. (b) When a child enters an admission to a petition alleging his or her delinquency, jeopardy attaches when the court accepts the admission.
15-11-481. (a) The victim of a child's alleged delinquent act shall be entitled to the same rights, notices, and benefits as the victim of a crime committed by an adult as set forth in Chapters 14, 15, 15A, and 17 of Title 17. The rights, notices, and benefits to a victim set forth in this article shall not be construed to deny or diminish the rights, notices, and benefits set forth in Chapters 14, 15, 15A, and 17 of Title 17. (b) In any delinquency proceeding in which a petition has been filed, the prosecuting attorney shall notify any victim of a child's alleged delinquent act that the victim may submit a victim impact form as provided in Code Section 17-10-1.1. (c) The provisions of subsection (e) of Code Section 17-10-1.1 shall apply to the use and disclosure of the victim impact form. (d) Prior to the imposition of a dispositional order for a child adjudicated for a delinquent act, the juvenile court shall permit the victim, the family of the victim, or other witness with personal knowledge of the delinquent act to testify about the impact of the delinquent act on the victim, the victim's family, or the community. Except as provided in subsection (f) of this Code section, such evidence shall be given in the presence of the child adjudicated for a delinquent act and shall be subject to crossexamination. (e) The admissibility of the evidence described in subsection (d) of this Code section shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to unduly prejudice the child adjudicated for a delinquent act. If the judge excludes evidence, the state shall be allowed to make an offer of proof.

THURSDAY, FEBRUARY 28, 2013

1433

(f) Upon a finding by the court specific to the case and the witness that the witness would not be able to testify in person without showing undue emotion or that testifying in person will cause the witness severe physical or emotional distress or trauma, evidence presented pursuant to subsection (b) of this Code section may be in the form of, but not limited to, a written statement or a prerecorded audio or video statement, provided that such witness is subject to cross-examination. Photographs of the victim may be included with any evidence presented pursuant to subsection (b) of this Code section. (g) In presenting such evidence, the victim, the family of the victim, or other witness having personal knowledge of the impact of the delinquent act on the victim, the victim's family, or the community shall, if applicable:
(1) Describe the nature of the delinquent act; (2) Itemize any economic loss suffered by the victim or the family of the victim, if restitution is sought; (3) Identify any physical injury suffered by the victim as a result of the delinquent act along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the delinquent act; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the delinquent act; and (6) Include any other information related to the impact of the delinquent act upon the victim, the victim's family, or the community that the court inquires of. (h) The court shall allow the child adjudicated for a delinquent act the opportunity to cross-examine and rebut the evidence presented of the victim's personal characteristics and the emotional impact of the delinquent act on the victim, the victim's family, or the community, and such cross-examination and rebuttal evidence shall be subject to the same discretion set forth in subsection (d) of this Code section. (i) No disposition of a child adjudicated as delinquent shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of the victim, the state, or such child; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission.
Part 2
15-11-490. (a) A proceeding under this article may be commenced:
(1) In the county in which an allegedly delinquent child legally resides; or (2) In any county in which the alleged delinquent acts occurred. (b) If the adjudicating court finds that a nonresident child has committed a delinquent act, the adjudicating court may retain jurisdiction over the disposition of a nonresident child or may transfer the proceeding to the county of such child's residence for

1434

JOURNAL OF THE HOUSE

disposition. Like transfer may be made if the residence of such child changes pending the proceeding. (c) If the adjudicating court retains jurisdiction, prior to making any order for disposition of a nonresident child, the adjudicating court shall communicate to the court of the county of such child's residence the fact that such child has been adjudicated to have committed a delinquent act. Such communication shall state the date upon which the adjudicating court plans to enter an order for disposition of such nonresident child and shall request any information or recommendations relevant to the disposition of such nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition. (d) When any case is transferred, certified copies of all documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer order. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.
Part 3
15-11-500. If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of an alleged delinquent child are endangering such child's health or welfare or those of others or that such child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take such child into immediate custody and bring him or her forthwith before the court.
15-11-501. (a) An alleged delinquent child may be taken into custody:
(1) Pursuant to an order of the court under this article, including an order to a DJJ employee to apprehend:
(A) When he or she has escaped from an institution or facility operated by DJJ; or (B) When he or she has been placed under supervision and has violated its conditions; (2) Pursuant to the laws of arrest; or (3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that a child has committed a delinquent act. (b) A law enforcement officer taking a child into custody shall promptly give notice together with a statement of the reasons for taking such child into custody to his or her parent, guardian, or legal custodian and to the court. (c) When a child who is taken into custody has committed an act which would constitute a felony if committed by an adult, the juvenile court, within 48 hours after it learns of such child having been taken into custody, shall notify the prosecuting attorney of the judicial circuit in which the juvenile proceedings are to be instituted.

THURSDAY, FEBRUARY 28, 2013

1435

15-11-502. (a) A person taking an alleged delinquent child into custody, with all reasonable speed and without first taking such child elsewhere, shall:
(1) Immediately release such child, without bond, to his or her parent, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court; (2) Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking such child into custody, the juvenile court intake officer shall determine if such child can be administered a detention assessment and if so, shall conduct such assessment and determine if such child should be released, remain in protective custody, or be brought before the court; or (3) Bring such child immediately before the juvenile court or promptly contact a juvenile court intake officer. The court or juvenile court intake officer shall determine if such child should be released or detained. All determinations and court orders regarding detention shall comply with the requirements of this article and shall be based on an individual detention assessment of such child and his or her circumstances. (b) Notwithstanding subsection (a) of this Code section, a law enforcement officer may detain an alleged delinquent child for a reasonable period of time sufficient to conduct interrogations and perform routine law enforcement procedures including but not limited to fingerprinting, photographing, and the preparation of any necessary records. (c) Prior to a detention hearing, an alleged delinquent child shall be placed in detention, if necessary, only in such places as are authorized by Code Section 15-11504.
15-11-503. (a) Restraints on the freedom of an alleged delinquent child prior to adjudication shall be imposed only when there is probable cause to believe that such child committed the act of which he or she is accused, that there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and that:
(1) Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period; (2) Such child has a demonstrated pattern of theft or destruction of property such that detention is required to protect the property of others; (3) Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court; or (4) An order for such child's detention has been made by the court. (b) All children who are detained shall be informed of their right to bail as provided by Code Section 15-11-507.

1436

JOURNAL OF THE HOUSE

(c) An alleged delinquent child shall not be detained: (1) To punish, treat, or rehabilitate him or her; (2) To allow his or her parent, guardian, or legal custodian to avoid his or her legal responsibilities; (3) To satisfy demands by a victim, law enforcement, or the community; (4) To permit more convenient administrative access to him or her; (5) To facilitate further interrogation or investigation; or (6) Due to a lack of a more appropriate facility.
(d) Whenever an alleged delinquent child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of such child shall be favored over more intrusive alternatives. (e) Whenever the curtailment of the freedom of an alleged delinquent child is permitted, the exercise of authority shall reflect the following values:
(1) Respect for the privacy, dignity, and individuality of such child and his or her family; (2) Protection of the psychological and physical health of such child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of such child; (6) Avoidance of stigmatization of such child; and (7) Assurance that such child has been informed of his or her right to consult with an attorney and that, if such child is an indigent person, an attorney will be provided. (f) Before entering an order authorizing detention, the court shall determine whether a child's continuation in his or her home is contrary to his or her welfare and whether there are available services that would prevent or eliminate the need for detention. The court shall make that determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (g) If an alleged delinquent child can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided.
15-11-504. (a) An alleged delinquent child may be detained only in:
(1) A licensed foster home; (2) A home approved by the court which may be a public or private home; (3) The home of such child's noncustodial parent or of a relative; (4) A facility operated by a licensed child welfare agency; or (5) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court. (b) Placement shall be made in the least restrictive facility available consistent with the best interests of the child.

THURSDAY, FEBRUARY 28, 2013

1437

(c) A child 15 years of age or older and alleged to be a delinquent child may be held in a jail or other facility for the detention of adults for identification or processing procedures or while awaiting transportation only so long as necessary to complete such activities for up to six hours, or for up to 24 hours if the closest secure residential facility is more than 70 miles from such facility, if all of the following apply:
(1) Such child is detained for the commission of a crime that would constitute a class A designated felony act, class B designated felony act, or a serious violent felony as defined in Code Section 17-10-6.1; (2) Such child is awaiting a detention hearing; (3) Such child's detention hearing is scheduled within 24 hours after being taken into custody, excluding weekends and legal holidays; (4) There is no existing acceptable alternative placement for such child; and (5) The jail or other facility for the detention of adults provides sight and sound separation for children, including:
(A) Total separation between children and adult facility spatial areas such that there is no verbal, visual, or physical contact and there could be no haphazard or accidental contact between child and adult residents in the respective facilities; (B) Total separation in all program activities for children and adults within the facilities, including recreation, education, counseling, health care, dining, sleeping, and general living activities; (C) Continuous visual supervision of a child; and (D) Separate staff for children and adults, specifically direct care staff such as recreation, education, and counseling, although specialized services staff, such as cooks, bookkeepers, and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of children and adults, can serve both. (d) A child shall not be transported with adults who have been charged with or convicted of a crime. DJJ may transport a child with children who have been charged with or convicted of a crime in superior court. (e) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall inform the court or the juvenile court intake officer immediately when a child who appears to be under the age of 17 years is received at such facility and shall deliver such child to the court upon request or transfer such child to the facility designated by the juvenile court intake officer or the court. (f) All facilities shall maintain data on each child detained and such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by DJJ, by the Governor's Office for Children and Families, and by the Council of Juvenile Court Judges. The required data are each detained child's: (1) Name; (2) Date of birth; (3) Sex;

1438

JOURNAL OF THE HOUSE

(4) Race; (5) Offense or offenses for which such child is being detained; (6) Date of and authority for confinement; (7) Location of the offense and the name of the school if the offense occurred in a school safety zone, as defined in Code Section 16-11-127.1; (8) The name of the referral source, including the name of the school if the referring source was a school; (9) The score on the detention assessment; (10) The basis for detention if such child's detention assessment score does not in and of itself mandate detention; (11) The reason for detention, which may include, but shall not be limited to, preadjudication detention, detention while awaiting a postdisposition placement, or serving a short-term program disposition; (12) Date of and authority for release or transfer; and (13) Transfer or to whom released.
15-11-505. If an alleged delinquent child is brought before the court or delivered to a secure residential facility or nonsecure residential facility or foster care facility designated by the court, the juvenile court intake officer shall immediately administer a detention assessment and determine if such child should be detained and release such child unless it appears that his or her detention is warranted.
15-11-506. (a) A detention hearing shall be held to determine whether preadjudication custody of an alleged delinquent child is required. If such hearing is not held within the time specified, such child shall be released from detention or foster care. (b) If an alleged delinquent child is detained and is not released from preadjudication custody, a detention hearing shall be held promptly and not later than:
(1) Two business days after such child is placed in preadjudication custody if such child is taken into custody without an arrest warrant; or (2) Five business days after such child is placed in preadjudication custody if such child is taken into custody pursuant to an arrest warrant. (c) If the detention hearing cannot be held within two business days in accordance with paragraph (1) of subsection (b) of this Code section because the date for the hearing falls on a weekend or legal holiday, the court shall review the decision to detain such child and make a finding based on probable cause within 48 hours of such child being placed in preadjudication custody. (d) Reasonable oral or written notice of the detention hearing, stating the time, place, and purpose of the hearing, shall be given to an alleged delinquent child and to his or her parent, guardian, or legal custodian, if he or she can be found. In the event such child's parent, guardian, or legal custodian cannot be found, the court shall forthwith appoint a guardian ad litem for such child.

THURSDAY, FEBRUARY 28, 2013

1439

(e) If an alleged delinquent child is not released from preadjudication custody and his or her parent, guardian, or legal custodian or guardian ad litem, if any, has not been notified of the hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order such child's release unless it appears from such hearing that such child's detention or foster care is warranted or required. (f) At the commencement of the detention hearing, the court shall inform an alleged delinquent child of:
(1) The contents of the complaint or petition; (2) The nature of the proceedings; (3) The right to make an application for bail, as provided by Code Section 15-11-507 and Title 17; (4) The possible consequences or dispositions that may apply to such child's case following adjudication; and (5) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (g) If an alleged delinquent child can be returned to the custody of his or her parent, guardian, or legal custodian through the provision of services to eliminate the need for removal, the court shall release such child to the physical custody of his or her parent, guardian, or legal custodian and order that those services shall be provided. (h) If an alleged delinquent child cannot be returned to the custody of his or her parent, guardian, or legal custodian, a probation officer shall provide referrals for services as soon as possible to enable such child's parent, guardian, or legal custodian to obtain any assistance that may be needed to effectively provide the care and control necessary for such child to return home. (i) For purposes of this Code section, preadjudication custody begins when a juvenile court intake officer authorizes the placement of a child in a secure residential facility.
15-11-507. (a) All children alleged to have committed a delinquent act shall have the same right to bail as adults. (b) The judge shall admit to bail all children in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes, with the exception that applying for bail, holding a hearing on the application, and granting bail for children alleged to have committed a delinquent act may only occur:
(1) At intake in accordance with Code Section 15-11-503; or (2) At the detention hearing in accordance with Code Section 15-11-506.

1440

JOURNAL OF THE HOUSE

(c) A court shall be authorized to release an alleged delinquent child on bail if the court finds that such child:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (d) If a child is accused of committing an act that would be a serious violent felony, as defined in Code Section 17-10-6.1, if committed by an adult and such child has previously been adjudicated for a delinquent act for committing an act that would be a serious violent felony if committed by an adult, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of such child as required or assure the safety of any other person or the community. (e) Any person having legal custody or an adult blood relative or stepparent of an alleged delinquent child shall be entitled to post bail but shall be required immediately to return such child to the individual or entity having legal custody of such child. (f) For the purposes of this Code section, the term 'bail' shall include the releasing of a child on his or her own recognizance.
15-11-508. (a) As used in this Code section, the term:
(1) 'Notice' shall have the same meaning as set forth in Code Section 17-17-3. (2) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3. (3) 'Violent delinquent act' means to commit, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:
(A) A serious violent felony as defined by Code Section 17-10-6.1; (B) A class A designated felony act or class B designated felony act; (C) Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title 16; or (D) Any attempt to commit, conspiracy to commit, or solicitation of another to commit an offense enumerated in subparagraphs (A) through (C) of this paragraph. (b) If a child accused of a violent delinquent act is detained pending adjudication, a juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention. (c) Not less than 48 hours prior to a child who has been adjudicated to have committed a violent delinquent act being released from detention or transferred to a nonsecure residential facility, a juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release or transfer.

THURSDAY, FEBRUARY 28, 2013

1441

(d) Victim notification need not be given unless a victim has expressed a desire for such notification and has provided a juvenile court intake officer with a current address and telephone number. It shall be the duty of a juvenile court intake officer to advise the victim of his or her right to notification and of the requirement of the victim to provide a primary and personal telephone number to which such notification shall be directed.
Part 4
15-11-510. (a) If an alleged delinquent child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment. (b) At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inform a child of:
(1) The contents of the complaint; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (c) A juvenile court intake officer may elect to pursue a case through informal adjustment or other nonadjudicatory procedure in accordance with the provisions of Code Section 15-11-515. (d) If a case is to be prosecuted further and handled other than by informal adjustment or other nonadjudicatory procedure, a referral shall be made to the prosecuting attorney and a petition for delinquency shall be filed within 30 days of the filing of a complaint.
15-11-511. (a) At arraignment, the court shall inform a child of:
(1) The contents of the petition alleging delinquency; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to

1442

JOURNAL OF THE HOUSE

attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (b) The court may accept an admission at arraignment and may proceed immediately to disposition if a child is represented by counsel at arraignment or if a child's liberty is not in jeopardy, he or she may waive the right to counsel at arraignment. A child represented by counsel or whose liberty is not in jeopardy may make a preliminary statement indicating whether he or she plans to admit or deny the allegations of the complaint at the adjudication hearing, but the court shall not accept an admission from a child whose liberty is in jeopardy and who is unrepresented by counsel. (c) The court shall appoint an attorney to represent an alleged delinquent child whose liberty is in jeopardy and who is an indigent person.
Part 5
15-11-515. (a) Before a petition for informal adjustment is filed, a probation officer or other officer designated by the court, subject to the court's direction, may inform the parties of informal adjustment if it appears that:
(1) The admitted facts bring the case within the jurisdiction of the court; (2) Counsel and advice without an adjudication would be in the best interests of the public and a child, taking into account at least the following factors:
(A) The nature of the alleged offense; (B) The age and individual circumstances of such child; (C) Such child's prior record, if any; (D) Recommendations for informal adjustment made by the complainant or the victim; and (E) Services to meet such child's needs and problems may be unavailable within the formal court system or may be provided more effectively by alternative community programs; and (3) A child and his or her parent, guardian, or legal custodian consent with knowledge that consent is not obligatory. (b) The giving of counsel and advice shall not extend beyond three months unless extended by the court for an additional period not to exceed three months and shall not authorize the detention of a child if not otherwise permitted by this article. (c) An incriminating statement made by a participant in an informal adjustment to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding upon conviction for the purpose of a presentence investigation. (d) If a child is alleged to have committed a class A designated felony act or class B designated felony act, the case shall not be subject to informal adjustment, counsel, or advice without the prior consent of the district attorney or his or her authorized representative.

THURSDAY, FEBRUARY 28, 2013

1443

Part 6
15-11-520. A petition alleging delinquency shall be filed by an attorney as set forth in Code Section 15-18-6.1.
15-11-521. (a) If a child is in detention prior to adjudication, a petition alleging delinquency shall be filed not later than 72 hours after the detention hearing. If no petition alleging delinquency is filed within the applicable time, such child shall be released from detention and the complaint shall be dismissed without prejudice. Such petition may be refiled as provided in subsection (b) of this Code section within the statute of limitations. (b) If a child is not in detention prior to adjudication, a petition alleging delinquency shall be filed within 30 days of the filing of the complaint alleging violation of a criminal law or within 30 days of such child's release pursuant to a determination that detention is not warranted. Upon a showing of good cause and notice to all parties, the court may grant an extension of time for filing a petition alleging delinquency. The court shall issue a written order reciting the facts justifying any extension.
15-11-522. A petition alleging delinquency shall be verified and may be on information and belief. It shall set forth plainly and with particularity:
(1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and the public that the proceeding be brought and that such child is in need of supervision, treatment, or rehabilitation, as the case may be; (2) The name, age, and residence address of such child on whose behalf such petition is brought; (3) The name and residence address of such child's parent, guardian, or legal custodian; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within this state or if such place of residence address is unknown, the name of any of such child's known adult relative residing within the county or, if there is none, such child's known adult relative residing nearest to the location of the court; (4) If a child is in custody, the place of his or her detention and the time such child was taken into custody; (5) If a child is being charged with a class A designated felony act or class B designated felony act; and (6) Whether any of the information required by this Code section is unknown.
15-11-523. (a) A prosecuting attorney may amend a petition alleging delinquency at any time prior to the commencement of the adjudication hearing. However, if an amendment is made,

1444

JOURNAL OF THE HOUSE

a child may request a continuance of his or her adjudication hearing. A continuance may be granted by the court for such period as required in the interest of justice. (b) When a petition alleging delinquency is amended to include material changes to the allegations or new charges of delinquency for adjudication, the petition shall be served in accordance with Code Sections 15-11-530 and 15-11-531. (c) After jeopardy attaches, a petition alleging delinquency shall not be amended to include new charges of delinquency.
Part 7
15-11-530. (a) The court shall direct the issuance of a summons to a child and his or her parent, guardian, or legal custodian requiring them to appear before the court at the time fixed to answer the allegations of a petition alleging delinquency. A copy of the petition shall accompany the summons. (b) The summons shall state that a party shall be entitled to have an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person.
15-11-531. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 24 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If an individual to be served is outside this state but his or her address is known or can be ascertained with due diligence, notice of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) Service of the summons may be made by any suitable person under the direction of the court. (e) The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-532. (a) In the event a child's parent, guardian, or legal custodian willfully fails to appear personally at a hearing on a petition alleging delinquency after being ordered to so appear or a child's parent, guardian, or legal custodian willfully fails to bring such child to a hearing after being so directed, the court may issue a rule nisi against the person

THURSDAY, FEBRUARY 28, 2013

1445

directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of the alleged delinquent child fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. (c) If a child 16 years of age or older fails to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section 15-11-31. (d) If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section 15-11-31.
Part 8
15-11-540. A delinquency petition shall be dismissed by the court upon the motion of the prosecuting attorney setting forth that there is not sufficient evidence to warrant further proceedings.
15-11-541. (a) Except as limited by subsection (d) of Code Section 15-11-542, in all cases in which a child is charged with having committed a delinquent act, such child shall, upon filing a motion for discovery with the court and serving a copy of the motion to the prosecuting attorney, have full access to the following for inspection, copying, or photographing:
(1) A copy of the complaint; (2) A copy of the petition for delinquency; (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge; (4) A copy of any written statement made by such child or any witness that relates to the testimony of a person whom the prosecuting attorney intends to call as a witness; (5) A copy of any written statement made by any alleged coparticipant which the prosecuting attorney intends to use at a hearing; (6) Transcriptions, recordings, and summaries of any oral statement of such child or of any witness, except attorney work product; (7) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;

1446

JOURNAL OF THE HOUSE

(8) Photographs and any physical evidence which are intended to be introduced at the hearing; and (9) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge. (b) The prosecuting attorney shall disclose all evidence, known or that may become known to him or her, favorable to such child and material either to guilt or punishment. (c) If a child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of such child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which he or she intends to introduce at the hearing; and (4) A copy of any written statement made by any witness that relates to the testimony of a person whom the child intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudication hearing, the discovery response shall be produced in a timely manner. (e) Any material or information furnished to a child pursuant to a discovery request shall remain in the exclusive custody of such child and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.
15-11-542. (a) If a request for discovery is refused, application may be made to the court for a written order granting discovery. (b) Motions to compel discovery shall certify that a request for discovery was made and was refused. (c) An order granting discovery shall require reciprocal discovery. (d) The court may deny, in whole or in part, or otherwise limit or set conditions concerning discovery upon sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
(1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or

THURSDAY, FEBRUARY 28, 2013

1447

(5) Impede the criminal prosecution of a child who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence.
15-11-543. (a) Upon written request by a prosecuting attorney stating the time, date, and place at which the alleged delinquent act was committed, a child shall serve upon the prosecuting attorney a written notice of his or her intention to offer a defense of alibi. (b) A notice to offer an alibi defense shall state the specific place or places at which a child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom such child intends to rely to establish his or her alibi, unless previously supplied. (c) A request for alibi evidence shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudication hearing, the alibi evidence shall be produced in a timely manner. (d) If a child withdraws his or her notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense shall not be admissible; provided, however, that a prosecuting attorney may offer any other evidence regarding alibi. (e) A prosecuting attorney shall serve upon a child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut such child's evidence of alibi, unless previously supplied.
15-11-544. If, subsequent to providing a discovery response, the existence of additional evidence is found, it shall be promptly provided to the state or child making the discovery request.
15-11-545. Nothing contained in the provisions governing discovery procedure under this part shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication.
15-11-546. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with a discovery request, the court may order the person or entity to permit the discovery or inspection of evidence, grant a continuance, or upon a showing of prejudice and bad faith, prohibit the party from introducing in evidence the information not disclosed or presenting the witness not disclosed, or enter such other order as the court deems just under the circumstances.

1448

JOURNAL OF THE HOUSE

The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just.
Part 9
15-11-560. (a) Except as provided in subsection (b) of this Code section, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which an adult may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. (b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(1) Murder; (2) Voluntary manslaughter; (3) Rape; (4) Aggravated sodomy; (5) Aggravated child molestation; (6) Aggravated sexual battery; or (7) Armed robbery if committed with a firearm. (c) The granting of bail or pretrial release of a child charged with an offense enumerated in subsection (b) of this Code section shall be governed by the provisions of Code Section 17-6-1. (d) At any time before indictment, the district attorney may, after investigation and for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subsection (b) of this Code section. Upon declining such prosecution in the superior court, the district attorney shall cause a petition to be filed in the appropriate juvenile court for adjudication within 72 hours if the child is in detention or 30 days if the child is not in detention. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the district attorney to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 1511-602. (e) After indictment, the superior court may after investigation and for extraordinary cause transfer to the juvenile court any case involving a child 13 to 17 years of age alleged to have committed voluntary manslaughter. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the superior court

THURSDAY, FEBRUARY 28, 2013

1449

to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 15-11-602. (f) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subsection (b) of this Code section and convicted of a lesser included offense not included in subsection (b) of this Code section to the juvenile court of the county of such child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (g) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has original jurisdiction as provided in subsection (b) of this Code section or adjudicated as a delinquent child on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. The local school system to which such child is assigned may request further information from the court's file.
15-11-561. (a) After a petition alleging delinquency has been filed but before the adjudication hearing, on its own motion or on a motion by a prosecuting attorney, the court may convene a hearing to determine whether to transfer the offense to the appropriate superior court for criminal trial if the court determines that:
(1) There is probable cause to believe that a child committed the alleged offense; (2) Such child is not committable to an institution for the developmentally disabled or mentally ill; and (3) The petition alleges that such child:
(A) Was at least 15 years of age at the time of the commission of the offense and committed an act which would be a felony if committed by an adult; or (B) Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to a victim. (b) At least three days prior to the scheduled transfer hearing, written notice shall be given to a child and his or her parent, guardian, or legal custodian. The notice shall contain a statement that the purpose of the hearing is to determine whether such child is to be tried in the juvenile court or transferred for trial as an adult in superior court. A child may request and the court shall grant a continuance to prepare for the transfer hearing. (c) After consideration of a probation report, risk assessment, and any other evidence the court deems relevant, including any evidence offered by a child, the court may

1450

JOURNAL OF THE HOUSE

determine that because of the seriousness of the offense or such child's prior record, the welfare of the community requires that criminal proceedings against such child be instituted. (d) No child, either before or after reaching 17 years of age, shall be prosecuted in superior court for an offense committed before the child turned 17, unless the case has been transferred as provided in this part. In addition, no child shall be subject to criminal prosecution at any time for an offense arising out of a criminal transaction for which the juvenile court retained jurisdiction in its transfer order.
15-11-562. (a) The criteria which the court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (b) of Code Section 15-11-560 to superior court includes, but shall not be limited to:
(1) The age of such child; (2) The seriousness of the alleged offense, especially if personal injury resulted; (3) Whether the protection of the community requires transfer of jurisdiction; (4) Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner; (5) The culpability of such child including such child's level of planning and participation in the alleged offense; (6) Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that such child may be beyond rehabilitation in the juvenile justice system; (7) The record and history of such child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements; (8) The sophistication and maturity of such child as determined by consideration of his or her home and environmental situation, emotional condition, and pattern of living; (9) The program and facilities available to the juvenile court in considering disposition; and (10) Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court. (b) A probation officer shall prepare a written report developing fully all available information relevant to the transfer criteria. A probation officer shall submit such report to the parties and the court as soon as practicable but not later than 24 hours before the scheduled hearing. The child subject to transfer and the prosecuting attorney shall have the right to review such report and cross-examine the individual making such report. (c) The court may order a transfer evaluation of a child's clinical status as it may impact the criteria in subsection (a) of this Code section. Statements made by a child in a transfer evaluation shall only be admissible into evidence in an adjudication hearing or in a criminal proceeding as provided by Code Sections 15-11-479 and 15-11-563.

THURSDAY, FEBRUARY 28, 2013

1451

15-11-563. Statements made by a child at a transfer hearing shall not be admissible against such child over objection in a criminal proceedings if transfer is ordered except as impeachment or rebuttal evidence.
15-11-564. (a) The decision of the court regarding transfer of the case shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals. (b) The pendency of an interlocutory appeal shall stay criminal proceedings in superior court. A child transferred for trial as an adult in superior court shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section 15-11-504.
15-11-565. (a) Prior to the entry of a judgment ordering a child's transfer or during the pendency of an appeal of a judgment ordering a child's transfer, such child shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section 15-11-504. (b) After the entry of a judgment ordering transfer, a child shall be detained only in those places authorized for the detention of a child until such child, as set forth in Code Section 15-11-34, reaches 17 years of age.
15-11-566. (a) If the court decides to transfer a child for trial in superior court, it shall dismiss the juvenile court petition alleging delinquency, set forth the offense or offenses which are being transferred, and make the following findings of fact in its dismissal order:
(1) That the court had jurisdiction of the cause and the parties; (2) That the child subject to transfer was represented by an attorney; and (3) That the hearing was held in the presence of the child subject to transfer and his or her attorney. (b) The dismissal order shall also recount the reasons underlying the decision to transfer jurisdiction. (c) A dismissal of the petition alleging delinquency terminates the jurisdiction of the juvenile court over such child as to those offenses which are transferred. If the petition alleging delinquency alleges multiple offenses that constitute a single criminal transaction, the court shall either retain or transfer all offenses relating to a single criminal transaction. (d) Once juvenile court jurisdiction is terminated, the superior court shall retain jurisdiction even though, thereafter, a child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over such child.

1452

JOURNAL OF THE HOUSE

(e) A copy of the petition alleging delinquency and order of dismissal shall be sent to the district attorney of the judicial circuit in which the proceeding is taking place. (f) If the court decides not to transfer a child for trial in superior court, it shall set a date for an adjudication hearing in juvenile court on the petition alleging delinquency.
15-11-567. (a) Except in those cases in which the superior court has exclusive original jurisdiction or juvenile court jurisdiction has been terminated and the child has been transferred to superior court, if it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the accused is a child, the case shall forthwith be transferred to the juvenile court together with a copy of the indictment, special presentment, accusation, or citation and all other papers, documents, and transcripts of testimony relating to the case. (b) The transferring court shall order that a child be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, legal custodian, or other person legally responsible for him or her to be brought before the juvenile court at a time designated by that court. The indictment, special presentment, accusation, or citation may not serve in lieu of a petition alleging delinquency in the juvenile court except as provided in Part 14 of this article.
Part 10
15-11-580. (a) At the commencement of the adjudication hearing, the court shall address the alleged delinquent child, in language understandable to the child, and determine whether such child is capable of understanding statements about his or her rights under this article. (b) If a child is capable, the court shall inquire how he or she responds to the allegations of the delinquency petition. The child may:
(1) Deny the allegations of such petition, in which case the court shall proceed to hear evidence on such petition; or (2) Admit the allegations of such petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudge such child to have committed a delinquent act. (c) If a child stands mute, refuses to answer, or answers evasively, the court shall enter a denial of the allegations.
15-11-581. The state shall have the burden of proving the allegations of a delinquency petition beyond a reasonable doubt.

THURSDAY, FEBRUARY 28, 2013

1453

15-11-582. (a) The court shall fix a time for the adjudication hearing. If an alleged delinquent child is in detention, the hearing shall be scheduled to be held no later than ten days after the filing of the delinquency petition. If a child is not in detention, the hearing shall be scheduled to be held no later than 60 days after the filing of such petition. (b) Adjudication hearings shall be conducted:
(1) By the court without a jury; (2) In accordance with Article 5 and Part 1 of Article 6 of Chapter 7 and Chapter 8 of Title 17, unless otherwise provided in this article; (3) In accordance with the rules of evidence set forth in Title 24; and (4) In language understandable to the child subject to the delinquency petition and participants, to the fullest extent practicable. (c) The court shall determine if the allegations of the petition alleging delinquency are admitted or denied in accordance with the provisions of Code Section 15-11-580. (d) After hearing all of the evidence, the court shall make and record its findings on whether the delinquent acts ascribed to a child were committed by such child. If the court finds that the allegations of delinquency have not been established, it shall dismiss the delinquency petition and order such child be released from any detention or legal custody imposed in connection with the proceedings. (e) The court shall make a finding that a child has committed a delinquent act based on a valid admission made in open court of the allegations of the delinquency petition or on the basis of proof beyond a reasonable doubt. If the court finds that a child has committed a delinquent act, the court may proceed immediately or at a postponed hearing to make disposition of the case.
Part 11
15-11-590. (a) After an adjudication that a child has committed a delinquent act, the court may direct that a written predisposition investigation report be prepared by the probation officer or other person designated by the court. (b) A predisposition investigation report shall contain such information about the characteristics, family, environment, and the circumstances affecting the child who is the subject of the report as the court determines may be helpful in its determination of the need for treatment or rehabilitation and a proper disposition of the case, including but not limited to:
(1) A summary of the facts of the conduct of such child that led to the adjudication; (2) The sophistication and maturity of such child; (3) A summary of such child's home environment, family relationships, and background; (4) A summary of such child's prior contacts with the juvenile court and law enforcement agencies, including the disposition following each contact and the reasons therefor;

1454

JOURNAL OF THE HOUSE

(5) A summary of such child's educational status, including, but not limited to, his or her strengths, abilities, and special educational needs. The report shall identify appropriate educational and vocational goals for such child. Examples of appropriate goals include:
(A) Attainment of a high school diploma or its equivalent; (B) Successful completion of literacy courses; (C) Successful completion of vocational courses; (D) Successful attendance and completion of such child's current grade if enrolled in school; or (E) Enrollment in an apprenticeship or a similar program; (6) A summary of the results and recommendations of any of such child's significant physical and mental examinations; (7) The seriousness of the offense to the community; (8) The nature of the offense; and (9) Whether the offense was against persons or against property. (c) If the court has ordered a child's physical or mental examination to be conducted, the report shall include a copy of the results of the examination. (d) If the court has ordered a risk assessment for a child, that assessment shall be included in the predisposition investigation report. (e) All information shall be presented in a concise and factual manner. The report shall indicate the sources of information in the report. (f) The original report and any other material to be disclosed shall be furnished to the court, and copies shall be furnished to the attorney for the child who is the subject of such report and to the prosecuting attorney at least five days prior to the disposition hearing.
Part 12
15-11-600. (a) After a finding that a child has committed a delinquent act, the court shall hear evidence on whether such child is in need of treatment, rehabilitation, or supervision and shall make and file its findings. (b) The court may proceed immediately to the disposition hearing after the adjudication hearing or conduct the disposition hearing within 30 days of the adjudication hearing. The disposition hearing may occur later than 30 days after the adjudication hearing only if the court makes and files written findings of fact explaining the need for delay. (c) In the absence of evidence to the contrary, evidence sufficient to warrant a finding that felony acts have been committed shall also be sufficient to sustain a finding that the child is in need of treatment or rehabilitation. (d) If the court finds that a child who committed a delinquent act is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge such child from any detention or other restriction previously ordered.

THURSDAY, FEBRUARY 28, 2013

1455

(e) If the court finds that a child who committed a delinquent act is in need of supervision but not of treatment or rehabilitation, it shall find that such child is a child in need of services and enter any disposition authorized by Code Section 15-11-442. (f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child who committed a delinquent act and the most appropriate disposition.
(g)(1) Prior to the disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court. (2) Portions of written reports not relied on by the court in reaching its decision which if revealed would be prejudicial to the interests of any party to the proceeding, or reveal confidential sources, may be withheld in the court's discretion. (3) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports. (h) In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home.
15-11-601. (a) At the conclusion of the disposition hearing, if a child who committed a delinquent act is determined to be in need of treatment or rehabilitation, then after considering the results of such child's risk assessment if the court is contemplating placing such child in restrictive custody, the court shall enter the least restrictive disposition order appropriate in view of the seriousness of the delinquent act, such child's culpability as indicated by the circumstances of the particular case, the age of such child, such child's prior record, and such child's strengths and needs. The court may make any of the following orders of disposition, or combination of them, best suited to such child's treatment, rehabilitation, and welfare:
(1) Any order authorized for the disposition of a dependent child other than placement in the temporary custody of DFCS unless such child is also adjudicated as a dependent child; (2) An order requiring such child and his or her parent, guardian, or legal custodian to participate in counseling or in counsel and advice. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, physician assistants, qualified volunteers, or appropriate public, private, or volunteer agencies and shall be designed to assist in deterring future delinquent acts or other conduct or conditions which would be harmful to such child or society; (3) An order placing such child on probation under conditions and limitations the court prescribes and which may include the probation management program. The court may place such child on probation under the supervision of:
(A) A probation officer of the court or the court of another state;

1456

JOURNAL OF THE HOUSE

(B) Any public agency authorized by law to receive and provide care for such child; or (C) Any community rehabilitation center if its chief executive officer has acknowledged in writing its willingness to accept the responsibility for the supervision of such child; (4) An order placing a child on unsupervised probation under conditions and limitations the court prescribes; (5) In any case in which such child who has not achieved a high school diploma or the equivalent is placed on probation, the court shall consider and may order as a condition of probation that he or she pursue a course of study designed to lead to achieving a high school diploma or the equivalent; (6) An order requiring that such child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; (7) An order requiring that such child make restitution. In ordering a child to make restitution, the court shall follow the procedure set forth in Article 1 of Chapter 14 of Title 17. Such order may remain in force and effect simultaneously with another order of the court, including but not limited to an order of commitment to DJJ. However, no order of restitution shall be enforced while such child is at a secure residential facility or nonsecure residential facility unless the commissioner of juvenile justice certifies that a restitution program is available at such facility. Payment of funds shall be made by such child or his or her family or employer directly to the clerk of the juvenile court entering the order or to another employee of such court designated by the judge, and that court shall disburse such funds in the manner authorized in the order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to: (A) DJJ; (B) The juvenile court of the county of such child's residence and its probation staff, if he or she changes his or her place of residence; or (C) The superior court once such child reaches 18 years of age as set forth in Code Section 17-14-5 if he or she thereafter comes under the jurisdiction of such court, and the court shall transfer enforcement of its order to superior court if the terms of such order are not completed when such child reaches 21 years of age; (8) An order requiring such child remit to the general fund of the county a sum not to exceed the maximum fine applicable to an adult for commission of any of the following offenses: (A) Any felony in the commission of which a motor vehicle is used; (B) Driving under the influence of alcohol or drugs; (C) Driving without proof of minimum required motor vehicle insurance; (D) Fraudulent or fictitious use of a driver's license; (E) Hit and run or leaving the scene of an accident; (F) Homicide by vehicle; (G) Manslaughter resulting from the operation of a motor vehicle;

THURSDAY, FEBRUARY 28, 2013

1457

(H) Possession of controlled substances or marijuana; (I) Racing on highways or streets; (J) Using a motor vehicle in fleeing or attempting to elude an officer; or (K) Any violation of the provisions contained in Title 40 which is properly adjudicated as a delinquent act; (9) An order suspending such child's driver's license for a period not to exceed the date on which he or she reaches 18 years of age or, in the case of a child who does not have a driver's license, an order prohibiting the issuance of a driver's license to such child for a period not to exceed the date on which he or she reaches 18 years of age. The court shall retain the driver's license during such period of suspension and return it to such child at the end of such period. The court shall notify the Department of Driver Services of any actions taken pursuant to this paragraph; (10) An order placing such child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority only if such child was adjudicated for a delinquent act involving: (A) An offense that would be a felony if committed by an adult; or (B) An offense that would be a misdemeanor if committed by an adult and such child has had at least one prior adjudication for an offense that would be a felony if committed by an adult and at least three other prior adjudications for a delinquent act; or (11) With the same exceptions as set forth in subparagraphs (A) and (B) of paragraph (10) of this subsection, an order committing such child to DJJ. (b)(1) This subsection shall apply to cases involving: (A) An offense that would be a felony if committed by an adult; or (B) An offense that would be a misdemeanor if committed by an adult and such child has had at least one prior adjudication for an offense that would be a felony if committed by an adult and at least three other prior adjudications for a delinquent act. (2) In addition to any other treatment or rehabilitation, the court may order such child to serve up to a maximum of 30 days in a secure residential facility or, after a risk assessment and with the court's approval, in a treatment program provided by DJJ or the juvenile court. (c) Any child ordered to a secure residential facility under subsection (b) of this Code section and detained after the adjudication hearing in a secure residential facility or nonsecure residential facility pending placement in a secure residential facility shall be given credit for time served in a secure residential facility or nonsecure residential facility awaiting placement. (d) A child shall be given adequate information concerning the obligations and conditions imposed upon him or her by the disposition ordered by the court and the consequences of failure to meet such obligations and conditions. Such information shall be given in terms understandable to a child to enable such child to conform his or her conduct to the requirements of the disposition.

1458

JOURNAL OF THE HOUSE

15-11-602. (a) When a child is adjudicated to have committed a class A designated felony act or class B designated felony act, the order of disposition shall be made within 20 days of the conclusion of the disposition hearing. The court may make one of the following orders of disposition best suited to provide for the rehabilitation of such child and the protection of the community:
(1) Any order authorized by Code Section 15-11-601, if the court finds that placement in restrictive custody is not required; or (2) An order placing such child in restrictive custody for up to 60 months for a class A designated felony act and for up to 36 months for a class B designated felony act. (b) Every order shall include a finding, based on a preponderance of the evidence, of whether such child requires placement in restrictive custody. If placement in restrictive custody is ordered for a child classified as low risk, the court shall make a specific written finding as to why placement in restrictive custody is necessary. In determining whether placement in restrictive custody is required, the court shall consider and make specific written findings of fact as to each of the following factors: (1) The age and maturity of such child; (2) The needs and best interests of such child; (3) The record, background, and risk level of such child as calculated by a risk assessment, including, but not limited to, information disclosed in the probation investigation, diagnostic assessment, school records, and dependency records; (4) The nature and circumstances of the offense, including whether any injury involved was inflicted by such child or another participant, the culpability of such child or another participant in planning and carrying out the offense, and the existence of any aggravating or mitigating factors; (5) The need for protection of the community; (6) The age and physical condition of the victim; (7) If the act was trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1, whether the circumstances involved sale, delivery, or manufacture of the substances, and if such circumstances were not involved, the court shall dispose of the act as a class B designated felony act; and (8) If the act was aggravated child molestation and subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4, the court shall adjudicate the act as a delinquent act and impose a disposition in accordance with Code Section 1511-601. (c) An order for a child adjudicated for a class A designated felony act placing such child in restrictive custody shall provide that: (1) Such child be placed in DJJ custody for an initial period of up to 60 months; (2) Such child be confined for a period set by the order in a secure residential facility, except as provided in subsection (e) of this Code section. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the period set by the order;

THURSDAY, FEBRUARY 28, 2013

1459

(3) After a period of confinement set by the court, such child shall be placed under intensive supervision not to exceed 12 months; (4) Such child shall not be released from intensive supervision unless by court order; and (5) All home visits shall be carefully arranged and monitored by DJJ personnel while such child is placed in a secure residential facility or nonsecure residential facility. (d) An order for a child adjudicated for a class B designated felony act placing such child in restrictive custody shall provide that: (1) Such child be placed in DJJ custody for an initial period of up to 18 months; (2) Except as provided in subsection (e) of this Code section, if such child is classified as moderate risk or high risk, he or she be confined for a period set by the order in a secure residential facility for half of the custodial period and the other half of the period may, at the discretion of DJJ, be spent in a nonsecure residential facility. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the confinement period set by the order; (3) Except as provided in subsection (e) of this Code section, if such child is classified as low risk, he or she be confined for a period set by the order in a nonsecure residential facility. All time spent in a secure residential facility or nonsecure residential facility subsequent to the date of the disposition hearing and prior to placement in a nonsecure residential facility shall be counted toward the confinement period set by the order; (4) Such child be placed under intensive supervision not to exceed six months either after a period of confinement set by the court or as an initial period of supervision; (5) Such child shall not be released from intensive supervision unless by court order; and (6) All home visits shall be carefully arranged and monitored by DJJ personnel while a child is placed in a secure residential facility or nonsecure residential facility. (e)(1) Any child who is ordered to be confined in restrictive custody who is diagnosed with a developmental disability and is not amenable to treatment in a secure residential facility may be transferred by DJJ to a nonsecure residential facility determined to be appropriate for such child by DJJ, provided that the court and prosecuting attorney are notified of such change of placement. (2) Notwithstanding subsection (b) of this Code section, the court shall order placement in restrictive custody in any case where the child is found to have committed a class A designated felony act or class B designated felony act in which such child inflicted serious physical injury upon another person who is 72 years of age or older. (f) During a child's placement order or any extension of the placement in restrictive custody: (1) While in a secure residential facility or nonsecure residential facility, such child shall be permitted to participate in all services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in such facility. A child adjudicated to have committed a class A designated felony

1460

JOURNAL OF THE HOUSE

act or class B designated felony act may be eligible to participate in programs sponsored by such facility, including community work programs and sheltered workshops under the general supervision of DJJ staff outside of such facility. In cooperation and coordination with the DJJ, such child shall be allowed to participate in state sponsored programs for evaluation and services under the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities;
(2)(A) A child adjudicated to have committed a class A designated felony act or class B designated felony act shall not be discharged from placement in a secure residential facility or nonsecure residential facility prior to the period of time provided in the court's order except as provided in paragraph (1) of subsection (e) of this Code section or when a motion to be discharged from placement in a secure residential facility or nonsecure residential facility is granted by the court. After a court order denying a motion to discharge a child from placement in a secure residential facility or nonsecure residential facility, a subsequent such motion shall not be filed until at least six months have elapsed. Notwithstanding Code Section 15-11-32, DJJ or any party may file a motion with the court seeking a child's release from placement in a secure residential facility or nonsecure residential facility, an order modifying the court's order requiring placement in a secure residential facility or nonsecure residential facility, or termination of an order of disposition for a child committed for a class A designated felony act or class B designated felony act. (B) All motions filed under this paragraph shall be accompanied by a written recommendation for release, modification, or termination from a child's DJJ counselor or placement supervisor, filed in the court that committed such child to DJJ, and served on the prosecuting attorney for such jurisdiction. (C) At least 14 days prior to the date of the hearing on the motion, the moving party shall serve a copy of the motion, by first-class mail, upon the victim of the class A designated felony act or class B designated felony act, if any, at the victim's last known address, the child's attorney, if any, the child's parents or guardian, and the law enforcement agency that investigated the class A designated felony act or class B designated felony act. In addition to the parties to the motion, the prosecuting attorney and the victim, if any, shall have a right to be heard and to present evidence to the court relative to any motion filed pursuant to this paragraph. (D) A court hearing a motion filed under this paragraph shall determine the disposition of a child based upon a preponderance of the evidence. In determining whether a motion for release from custody, modification of placement in a secure residential facility or nonsecure residential facility, or termination of an order of disposition should be granted or denied due to changed circumstances, the court shall be required to find whether or not such child has been rehabilitated and shall consider and make specific findings of fact as to each of the following factors:
(i) The needs and best interests of such child;

THURSDAY, FEBRUARY 28, 2013

1461

(ii) The record and background of such child, including the disciplinary history of such child during the period of placement in a secure residential facility or nonsecure residential facility and subsequent offense history; (iii) The academic progress of such child during the period of placement in a secure residential facility or nonsecure residential facility, including, if he or she is receiving services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, a review of his or her Individualized Education Program (IEP) and such child's progress toward IEP goals; (iv) The victim's impact statement submitted for purposes of a hearing conducted pursuant to this paragraph; (v) The safety risk to the community if such child is released; and (vi) Such child's acknowledgment to the court and victim, if any, of his or her conduct being the cause of harm to others; and (3) Unless otherwise specified in the order, DJJ shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of such child. (g) Notwithstanding the initial periods of placement in restrictive custody ordered by the court pursuant to subsection (c) or (d) of this Code section, the period of placement may be extended on motion by DJJ, after a disposition hearing, for two additional periods not to exceed 12 months each, provided that no placement or extension of custody may continue beyond a child's twenty-first birthday. (h) The court shall identify the school last attended by a child adjudicated for a class A designated felony act or class B designated felony act and the school which such child intends to attend and shall transmit a copy of the adjudication to the principals of both schools within 15 days of the adjudication. Such information shall be subject to notification, distribution, and other requirements as provided in Code Section 20-2-671.
15-11-603. (a) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, order that such child submit to an HIV test within 45 days following the adjudication of delinquency. The court shall mail DJJ a copy of the order within three days following its issuance. (b) Within 30 days following receipt of the copy of the order, DJJ shall arrange for the HIV test for such child. (c) Any child placed in the custody and control of DJJ shall be HIV tested in accordance with DJJ's policies and procedures. (d) If a child is determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall only be reported to:
(1) DJJ or the Department of Corrections, as the case may be, and the Department of Public Health, which may disclose the name of such child if necessary to provide

1462

JOURNAL OF THE HOUSE

counseling and which shall provide counseling to each victim of the AIDS transmitting crime or to any parent, guardian, or legal custodian of any victim who is a minor or incompetent person if DJJ or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim. Counseling shall include providing the person with information and explanations medically appropriate for such person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which such child has been confined by order of the court. In addition to any other restrictions regarding the confinement of a child, a child determined to be an HIV infected person may be confined separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of juvenile justice reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted.
15-11-604. (a) A child adjudicated to have committed a delinquent act shall be given credit for each day spent in a secure residential facility or nonsecure residential facility awaiting adjudication and for each day spent in a secure residential facility or nonsecure residential facility in connection with and resulting from a court order entered in the proceedings for which the disposition was imposed and in any institution or facility for treatment or examination of a physical or mental disability. Such credit shall be applied toward the child's disposition. (b) Subsection (a) of this Code section shall apply to dispositions for all offenses, whether classified as violations, misdemeanors, or felonies.
15-11-605. (a) In addition to any other terms or conditions of probation provided for under this article, the court may require that children who receive a disposition of probation:
(1) Be ordered to a probation management program; or (2) Be ordered to a secure probation sanctions program by a probation officer or hearing officer. (b) When a child has been ordered to a probation management program or secure probation sanctions program, the court shall retain jurisdiction throughout the period of

THURSDAY, FEBRUARY 28, 2013

1463

the probated sentence and may modify or revoke any part of a probated sentence as provided in Code Section 15-11-32.
(c)(1) DJJ in jurisdictions where DJJ is authorized to provide probation supervision or the county juvenile probation office in jurisdictions where probation supervision is provided directly by the county, as applicable, shall be authorized to establish rules and regulations for graduated sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of a probation management program. (2) DJJ or the county juvenile probation office, as applicable, shall not sanction probationers for violations of conditions of probation if the court has expressed an intention in a written order that such violations be heard by the court. (d) DJJ or the county juvenile probation office, as applicable, shall impose only those restrictions equal to or less restrictive than the maximum sanction established by the court. (e) The secure probation sanctions program shall be established by DJJ. Exclusion of a child from a secure probation sanctions program otherwise authorized by this Code section to enter such program shall be mutually agreed upon by the Council of Juvenile Court Judges and DJJ. The secure probation sanctions program shall be available to the juvenile courts to the extent that each secure facility has capacity for such offenders within its facilities. Prior to reaching full capacity, DJJ shall inform the various juvenile courts of its capacity constraints. (f)(1) When requesting the secure probation sanctions program, probation officers supervising a child under a probation management program shall provide an affidavit to the court specifying:
(A) The elements of such child's probation program; (B) Such child's failures to respond to graduated sanctions in the community; and (C) Such child's number of violations and the nature of each violation. (2) If a probation officer fails to document the violations and specify how a child has failed to complete a probation management program, such child shall be ineligible to enter the secure probation sanctions program. (3) A child may enter the secure probation sanctions program if ordered by the court and: (A) The probation officer has complied with the provisions of paragraph (1) of this subsection and the criteria set by the department for entrance into such program and such child has had three or more violations of probation; or (B) A child in a probation management program and his or her parent or guardian, or a child in such program and his or her attorney, admit to three or more violations of such program and sign a waiver accepting the sanction proposed by the probation officer. (4) Each new violation of a condition of a probated sentence may result in a child being sentenced to the secure probation sanctions program; provided, however, that if a child is sentenced to the secure probation sanctions program and completes all program components in the seven, 14, and 30 day programs, such child shall be

1464

JOURNAL OF THE HOUSE

ineligible to attend the secure probation sanctions program for a future violation of a condition of the same probated sentence. (g)(1) When a violation of a condition of probation occurs, a child may have an administrative hearing conducted by a hearing officer. If the hearing officer determines by a preponderance of the evidence that such child violated the conditions of probation, the probation officer shall be authorized to impose graduated sanctions. A child's failure to comply with a sanction imposed under this paragraph shall constitute another violation of probation. (2) A hearing officer's decision shall be final unless such child files, within five days of the service of such decision, a written demand with the hearing officer who conducted the administrative hearing for review of such decision. Such demand shall not stay the sanction decision. Such hearing officer shall issue a response to such demand within five days of receiving such demand. (3) If such hearing officer insists on the sanction, his or her decision shall be final unless the child subject to the sanction files an appeal in the court that originally adjudicated such child. Such appeal shall be filed within ten days of the date of the decision of the hearing officer. (4) The appeal shall first be reviewed by the court upon the record. At the court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the sanction decision. (5) Where the court does not act on the appeal within 15 days of the date of the filing of the appeal, the sanction decision shall be affirmed by operation of law.
15-11-606. An order of disposition or adjudication shall not be a conviction of a crime and shall not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment.
15-11-607. (a) Except as otherwise provided in Code Section 15-11-602, an order of disposition committing a child adjudicated for a delinquent act to DJJ shall continue in force for two years or until such child is sooner discharged by DJJ. The court which made the order may extend its duration for a period not to exceed two years subject to like discharge, if:
(1) A hearing is held upon DJJ's motion prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to such child and his or her parent, guardian, or legal custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of such child. (b) Any other order of disposition except an order of restitution as allowed by paragraph (7) or (8) of subsection (a) of Code Section 15-11-601 shall continue in force for not more than two years. An order of extension may be made if:

THURSDAY, FEBRUARY 28, 2013

1465

(1) A hearing is held prior to the expiration of the order on the court's own motion or upon motion of DJJ or the prosecuting attorney; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c) The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished. (d) Except as otherwise provided in paragraph (7) of subsection (a) of Code Section 15-11-601 and Code Section 17-14-5, when a child reaches 21 years of age, all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.
15-11-608. (a) An order granting probation to a child adjudicated for a delinquent act may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to the prosecuting attorney who may file a motion in the court for revocation of probation. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) The motion for revocation of probation shall be served upon the child serving the probated sentence, his or her attorney, and his or her parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-531. (d) If a child serving a probated sentence is taken into custody because of an alleged violation of probation, the provisions governing the detention of a child shall apply. (e) A revocation hearing shall be scheduled to be held no later than 30 days after the filing of such motion or, if a child has been detained as a result of the filing of such motion for revocation, not later than ten days after the filing of the motion. (f) If the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation, the court may:
(1) Extend probation; (2) Impose additional conditions of probation; or (3) Make any disposition that could have been made at the time probation was imposed. (g) In the case of a class A designated felony act or class B designated felony act, if the court finds that a child violated the terms and conditions of probation, the court shall reconsider and make specific findings of fact as to each of the factors in subsection (b) of Code Section 15-11-602 to determine whether placement in restrictive custody. (h) In the case of a class A designated felony act or class B designated felony act, if the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of

1466

JOURNAL OF THE HOUSE

probation and revokes the order granting probation, the child shall be given credit for time served on probation and time served in preadjudication custody.
Part 13
15-11-620. (a) When a child is alleged to have committed a delinquent act and be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier. (b) If a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in foster care within 60 days of such child's removal from the home, then the date of entry into foster care shall be 60 days after the date of removal. (c) If a child is detained in a facility operated primarily for the detention of delinquent children pending placement in foster care and remains detained for more than 60 days, then the date of entry into foster care shall be the date such child is placed in foster care.
15-11-621. The periodic review hearing requirements under Code Sections 15-11-216, 15-11-217, and 15-11-218 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care.
15-11-622. (a) The permanency plan requirements under Code Sections 15-11-230, 15-11-231, and 15-11-232 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care. (b) In addition to the compelling reasons set forth in Code Section 15-11-233, a compelling reason for determining that filing a termination of parental rights petition is not in the best interests of a child alleged or adjudicated to have committed a delinquent act may include, but not be limited to:
(1) A child's developmental needs require continued out-of-home placement for an additional number of months, and his or her parent, guardian, or legal custodian has cooperated with referrals, visitation, and family conferences, as well as therapy; (2) A child is uncooperative with services or referrals; and (3) The length of the delinquency disposition affects the permanency plan.
Part 14
15-11-630. (a) A juvenile traffic offense consists of a violation by a child of:

THURSDAY, FEBRUARY 28, 2013

1467

(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or (2) Any other motor vehicle traffic law or local ordinance if a child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge. (b) The following offenses shall be acts of delinquency and shall not be handled as juvenile traffic offenses: aggressive driving, reckless driving, a four-point speeding offense, homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a driver's license, hit and run or leaving the scene of an accident, driving under the influence of alcohol or drugs, and any offense committed by an unlicensed driver under 16 years of age. (c) A juvenile traffic offense shall not be an act of delinquency unless the case is transferred to the delinquency calendar. (d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If a child is taken into custody on the charge, Code Sections 15-11-503 and 15-11-505 shall apply. If a child is, or after commencement of the proceedings becomes, a resident of another county of this state, the court in the county where the alleged traffic offense occurred may retain jurisdiction over the entire case. (e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child accused of committing a juvenile traffic offense and, if his or her address is known, to his or her parent, guardian, or legal custodian. If the accusation made in the summons, notice to appear, or other designation of a citation is denied, a hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear with their attorney. The hearing shall be open to the public. (f) If the court finds on the admission of a child or upon the evidence that a child committed the offense charged, it may make one or more of the following orders: (1) Reprimand, counsel, or warn such child and his or her parent, guardian, or legal custodian; provided, however, that this disposition order shall not be available for any act of delinquency; (2) As a matter of supervised or unsupervised probation, order the Department of Driver Services to suspend such child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months; (3) Require such child to attend a traffic school approved by the Department of Driver Services or a substance abuse clinic or program approved by either DBHDD or the Council of Juvenile Court Judges for a reasonable period of time;

1468

JOURNAL OF THE HOUSE

(4) Assess a fine and order such child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense. The fine shall be subject to all additions and penalties as specified under this title and Title 47; (5) Require such child to participate in a program of community service as specified by the court; (6) Impose any sanction authorized by Code Section 15-11-442 or 15-11-601; or (7) Place such child on probation subject to the conditions and limitations imposed by Title 40 governing probation granted to adults for like offenses, provided that such probation shall be supervised by the court or shall be unsupervised probation. (g) In lieu of the orders provided by subsection (f) of this Code section, if the evidence warrants, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and delinquency petition. (h) Upon finding that a child has committed a juvenile traffic offense or an act of delinquency which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which a child and his or her parent, guardian, or legal custodian have been reprimanded, counseled, or warned by the court. The Department of Driver Services shall record the adjudication and disposition of the offense on such child's permanent record, and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking such child's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.
ARTICLE 7
15-11-650. The purpose of this article is:
(1) To set forth procedures for a determination of whether a child is incompetent to proceed; and (2) To provide a mechanism for the development and implementation of competency remediation services, when appropriate, including treatment, habilitation, support, or supervision services.
15-11-651. As used in this article, the term:
(1) 'Competency remediation services' means outpatient interventions directed only at facilitating the attainment of competence to proceed for a child adjudicated to be incompetent to proceed. Such term may include mental health treatment to reduce interfering symptoms, specialized psychoeducational programming, or a combination of these interventions. (2) 'Comprehensive services plan' shall have the same meaning as set forth in Code Section 15-11-381.

THURSDAY, FEBRUARY 28, 2013

1469

(3) 'Incompetent to proceed' means lacking sufficient present ability to understand the nature and object of the proceedings, to comprehend his or her own situation in relation to the proceedings, and to assist his or her attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings. Such term shall include consideration of a child's age or immaturity. (4) 'Mental competency proceeding' means a hearing conducted to determine whether a child is incompetent to proceed in adjudication, a disposition hearing, or a transfer proceeding. (5) 'Plan manager' shall have the same meaning as set forth in Code Section 15-11381. (6) 'Treatment facility' means a facility that receives patients for psychiatric treatment as provided in Code Sections 37-3-80 through 37-3-84 but shall not include a secure residential facility.
15-11-652. (a) If at any time after the filing of a petition alleging delinquency or that a child is a child in need of services the court has reason to believe that the child named in the petition may be incompetent to proceed, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, such child's parent, guardian, or legal custodian, or the prosecuting attorney shall stay all proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation of and report on such child's mental condition. (b) When a delinquency petition is filed alleging a child under the age of 13 has committed a serious violent felony, as defined in Code Section 17-10-6.1, the court shall stay all delinquency proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation and report concerning such child's mental condition. (c) Any motion, notice of hearing, order, or other pleading relating to a child's incompetency to proceed shall be served upon him or her, his or her attorney, his or her guardian ad litem, if any, his or her parent, guardian, or legal custodian, and the prosecuting attorney. (d) Prior to the administration of any evaluation, the court shall appoint an attorney to represent a child if he or she is not yet represented by an attorney. (e) All time limits set forth in Articles 5 and 6 of this chapter for adjudication and disposition of a delinquency or a child in need of services proceeding shall be tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding and during provision of competency remediation services.
15-11-653. (a) The court ordered evaluation and report shall be conducted by an examiner who shall consider whether a child is incompetent to proceed. The court shall provide the examiner with any law enforcement or court records necessary for understanding the

1470

JOURNAL OF THE HOUSE

petition alleging delinquency. The attorney for the child being examined and the prosecuting attorney shall provide the examiner with any records from any other available sources that are deemed necessary for the competency evaluation. (b) The competency evaluation shall be performed on an outpatient basis; provided, however, that if a child is in an out-of-home placement, the evaluation shall be performed at such child's location. (c) The examiner who conducts the evaluation shall submit a written report to the court within 30 days of receipt of the court order for evaluation. The court may, in its discretion, grant the examiner an extension in filing such report. The report shall contain the following:
(1) The specific reason for the evaluation, as provided by the court or the party requesting the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis if any and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of a child's abilities and deficits in the following mental competency functions:
(A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to assist his or her attorney in the preparation and presentation of his or her case; (6) An opinion regarding the potential significance of a child's mental competency, strengths, and deficits; (7) An opinion regarding whether or not a child should be considered incompetent to proceed; and (8) A specific statement explaining the reasoning supporting the examiner's final determination. (d) If, in the opinion of the examiner, a child should be considered incompetent to proceed, the report shall also include the following: (1) An opinion on whether the primary cause of incompetency to proceed is immaturity, mental illness, developmental disability, or a combination of mental illness and developmental disability; (2) An opinion on whether there is a substantial probability that the examined child will attain the mental competency necessary to participate in adjudication, a disposition hearing, or a transfer hearing in the foreseeable future; (3) If the examiner believes that the examined child will attain mental competency, recommendations for the general level and type of competency remediation services necessary for significant deficits; (4) A recommendation on the appropriate treatment or services;

THURSDAY, FEBRUARY 28, 2013

1471

(5) When appropriate, recommendations for modifications of court procedure which may help compensate for mental competency weaknesses; and (6) Any relevant medication history. (e) If the examiner determines that the examined child is currently competent because of ongoing treatment with medication or other services, the report shall address the necessity of continuing such treatment and shall include a description of any limitation such treatment may have on competency. (f) Copies of the written evaluation report shall be provided by the court to the attorney representing the examined child, the prosecuting attorney or a member of his or her staff, and any guardian ad litem for the examined child no later than five days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional evaluations by other licensed psychologists or psychiatrists. In no event shall more than one evaluation be conducted by an examiner employed by DBHDD.
15-11-654. (a) If at any time following a finding that a child is incompetent to proceed the court determines that such child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of such child's residence. (b) When any case is transferred, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court. (c) If a court determines that such child's competency is remediated, jurisdiction of the case may be returned to the transferring court for the adjudication hearing and any subsequent proceedings.
15-11-655. (a) A hearing to determine if a child is incompetent to proceed shall be conducted within 60 days after the initial court order for evaluation. The hearing may be continued by the court for good cause shown. (b) Written notice shall be given to all parties and the victim at least ten days prior to such hearing. (c) The burden of proving that a child is incompetent to proceed shall be on such child. The standard of proof necessary for proving mental competency shall be a preponderance of the evidence. (d) At the hearing to determine incompetency to proceed, a child's attorney and the prosecuting attorney shall have the right to:
(1) Present evidence; (2) Call and examine witnesses; (3) Cross-examine witnesses; and

1472

JOURNAL OF THE HOUSE

(4) Present arguments. (e) The examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both a child's attorney and the prosecuting attorney. (f) The court's findings of fact shall be based on any evaluations of a child's mental condition conducted by licensed psychologists or psychiatrists appointed by the court, any evaluations of a child's mental condition conducted by independent licensed psychologists or psychiatrists hired by the parties, and any additional evidence presented. (g) If the court finds that a child is not incompetent to proceed, the proceedings which have been suspended shall be resumed. The time limits under Article 5 or 6 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding such child mentally competent. (h) Copies of the court's findings shall be given to the parties within ten days following the issuance of such findings.
15-11-656. (a) If the court finds that a child is incompetent to proceed but such child's incompetence may be remediated, if such child is alleged:
(1) To be a child in need of services, the court shall either dismiss the petition without prejudice or order competency remediation services for such child; or (2) To have committed a delinquent act, the court may order competency remediation services for such child. (b) In determining whether to order competency remediation services, the court shall consider: (1) Whether there is probable cause to believe the allegations in the petition are true; (2) The nature of the incompetency; (3) An incompetent child's age; and (4) The nature of the act alleged to have been committed by the incompetent child, in particular whether the act is a serious violent felony as such term is defined in Code Section 17-10-6.1. (c) If a child is determined to be incompetent to proceed, the court has ordered that competency remediation services should be provided, and: (1) Such child is alleged to have committed an act that would be a felony if committed by an adult, the court may retain jurisdiction of such child for up to two years after the date of the order of incompetency, with review hearings at least every six months to redetermine competency or proceed as provided in subsection (f) of this Code section; or (2) A child is alleged to have committed an act that would be a misdemeanor if committed by an adult, the court may retain jurisdiction of a child for up to 120 days after the date of the order of incompetency or proceed as provided in subsection (f) of this Code section.

THURSDAY, FEBRUARY 28, 2013

1473

(d) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and the mandated outpatient competency remediation services. If such child is in an out-of-home placement, the court shall specify the type of competency remediation services to be performed at such child's location. A child may be placed in a secure treatment facility or program, not to include DJJ facilities, if the court makes a finding by clear and convincing evidence that:
(1) A child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37; and (2) All available less restrictive alternatives, including treatment in community residential facilities or community settings which would offer an opportunity for improvement of a child's condition, are inappropriate. (e) A child who is incompetent to proceed shall not be subject to transfer to superior court, adjudication, disposition, or modification of disposition so long as the mental incompetency exists. (f) If the court determines that an alleged delinquent child is incompetent to proceed, the court may dismiss the petition without prejudice. (g) If a child is detained in a secure residential facility or nonsecure residential facility and the court determines that such child is incompetent to proceed, within five days of such determination the court shall issue an order to immediately release such child to the appropriate parent, guardian, or legal custodian.
15-11-657. (a) All competency remediation service orders issued by the court shall contain:
(1) The name of the competency remediation service program provider and the location of the program; (2) A statement of the arrangements for a child's transportation to the program site; (3) The length of the competency remediation service program; (4) A statement of the arrangements for a child's transportation after the program ends; and (5) A direction concerning the frequency of reports required by the court. (b) DBHDD or a licensed psychologist or psychiatrist shall file a written report with the court: (1) Not later than six months after the date the court orders that competency remediation be attempted but prior to the first review hearing; (2) Every six months after the first review hearing if a child remains incompetent to proceed and under an order for remediation; (3) At any time DBHDD or a licensed psychologist or psychiatrist opines a child has attained competency; or (4) At shorter intervals designated by the court in its competency remediation order. (c) DBHDD or the licensed psychologist or psychiatrist written report shall include, but not be limited to:

1474

JOURNAL OF THE HOUSE

(1) Whether a child's competency can be remediated or whether a child is likely to remain incompetent to proceed for the foreseeable future; (2) Whether additional time is needed to remediate a child's competency; and (3) If a child has attained competency, the effect, if any, of any limitations that are imposed by any medication or other treatment used in the effort to remediate competency.
15-11-658. (a) If the court initially finds that a child is unrestorably incompetent to proceed, the court shall dismiss the petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may:
(1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or a child in need of services petition; or (2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination. (b) If at any time after a child is ordered to undergo competency remediation services DBHDD or a licensed psychologist or psychiatrist opines that a child is likely to remain incompetent to proceed for the foreseeable future, DBHDD or the licensed psychologist or psychiatrist shall submit a report to the court so stating. (c) Upon receipt of the report specified in subsection (b) of this Code section, the court shall make a competency determination and shall dismiss the delinquency petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may: (1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or child in need of services petition; or (2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination.
15-11-659. If at any time after a child is adjudicated to be incompetent to proceed due to age, immaturity, or for any reason other than mental illness or developmental disability and is ordered to undergo competency remediation services and DBHDD determines that such child is likely to remain incompetent to proceed for the foreseeable future, DBHDD shall submit a report and its conclusions to the court. Upon receipt of such report, the court shall:
(1) Make a competency determination; (2) Order that the applicable petition be dismissed; and (3) Order that a plan manager be appointed and that the procedures for a comprehensive services plan be initiated under Article 5 of this chapter.

THURSDAY, FEBRUARY 28, 2013

1475

15-11-660. (a) The court shall hold a hearing to review a child's progress toward competency:
(1) At least every six months; (2) At any time, on its own motion or on the motion of the prosecuting attorney, a child's attorney, or a child's guardian ad litem, if any; (3) On receipt of a report submitted by DBHDD; or (4) Not less than three months before a child's eighteenth birthday. (b) If at a review hearing the court finds that a child has attained competency, the suspended proceedings shall be resumed and the time limits applicable under Article 5 or 6 of this chapter shall begin to run from the date of the order finding the child mentally competent. (c) If at a review hearing held following the court's receipt of a DBHDD or licensed psychologist or psychiatrist's report the court finds that a child's incompetency has not been remediated but that such child has made substantial progress toward remediation, the court may extend the competency remediation program period for an additional 60 days if the court determines by clear and convincing evidence that further participation is likely to lead to remediation of competency. (d) If at a review hearing the court finds that a child's competency is not remediated and is not likely to be remediated within the time left before such child's eighteenth birthday, the court shall dismiss the petition with prejudice if such child is alleged to be a child in need of services or to have committed a delinquent act which would be a misdemeanor if committed by an adult. (e) At each review hearing, the court shall also consider whether the petition alleging delinquency or that a child is a child in need of services should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than a child's being incompetent to proceed. If the court dismisses the petition, the prosecuting attorney may seek to refile a petition alleging a delinquent act which would be a felony if committed by an adult if a child is later determined to be mentally competent. The prosecuting attorney may also seek transfer to superior court if a child is later determined to be mentally competent and otherwise meets all the requirements for transfer under Article 6 of this chapter.
ARTICLE 8
15-11-680. This article shall be known and may be cited as the 'Parental Notification Act.'
15-11-681. As used in this article, the term:
(1) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term 'abortion' shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely to

1476

JOURNAL OF THE HOUSE

increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as a result of a spontaneous abortion. The term 'abortion' also shall not include the prescription or use of contraceptives. (2) 'Proper identification' means any document issued by a governmental agency containing a description of the person, the person's photograph, or both, including but not limited to a driver's license, an identification card authorized under Code Sections 40-5-100 through 40-5-104 or similar identification card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Customs Enforcement Division of the Department of Homeland Security. (3) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction.
15-11-682. (a) No physician or other person shall perform an abortion upon an unemancipated minor unless:
(1)(A) The unemancipated minor seeking an abortion is accompanied by his or her parent or guardian who shall show proper identification and state that he or she is the lawful parent or guardian of the unemancipated minor and that he or she has been notified that an abortion is to be performed on the unemancipated minor; (B) The physician or the physician's qualified agent gives at least 24 hours' actual notice, in person or by telephone, to the parent or guardian of the unemancipated minor of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the unemancipated minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the unemancipated minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; or (C) The physician or a physician's qualified agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by registered or certified mail or statutory overnight delivery, return receipt requested with delivery confirmation, addressed to a parent or guardian of the unemancipated minor at the usual place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the unemancipated minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified certifies in writing that he or she has been previously informed that the unemancipated minor was seeking an abortion or if the person so notified has not been previously informed and he or she certifies in writing that he or she

THURSDAY, FEBRUARY 28, 2013

1477

does not wish to consult with the unemancipated minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; and (2) The unemancipated minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor or the physician or a physician's qualified agent, as the case may be, elects not to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent or legal guardian of the unemancipated minor cannot be located, the unemancipated minor may petition, on his or her own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist the unemancipated minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county. (c) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section have been met or the unemancipated minor has obtained a court order waiving such requirements.
15-11-683. Notwithstanding Code Sections 15-11-40, 15-11-150, 15-11-152, 15-11-160, 15-11281, 15-11-424, and 15-11-531, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding weekends and legal holidays. The parent, guardian, or legal custodian of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
15-11-684. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented. (b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed. (c) The requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-682 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent or guardian; or

1478

JOURNAL OF THE HOUSE

(2) That the notice to a parent or, if the unemancipated minor is subject to guardianship, the legal guardian pursuant to Code Section 15-11-682 would not be in the best interests of such minor. (d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the unemancipated minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner that will preserve anonymity. (e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter. (f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
15-11-685. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.
15-11-686. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him or her, a medical emergency exists that so complicates the condition of the unemancipated minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-687. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.

THURSDAY, FEBRUARY 28, 2013

1479

15-11-688. Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false information pursuant to this article shall be guilty of a misdemeanor.
ARTICLE 9
15-11-700. (a) As used in this Code section, the term 'dependency proceeding' means a court proceeding stemming from a petition alleging that a child is a dependent child. (b) The general public shall be admitted to:
(1) An adjudicatory hearing involving an allegation of a class A designated felony act or class B designated felony act; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated for committing a delinquent act; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of dependency; (3) Any child support hearing; (4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; (5) At the court's discretion, any dispositional hearing involving any proceeding under this article; or (6) Any hearing in a dependency proceeding, except as otherwise provided in subsection (c) of this Code section. (c) The court may close the hearing in a dependency proceeding only upon making a finding upon the record and issuing a signed order stating the reason or reasons for closing all or part of a hearing in such proceeding and stating that: (1) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16; or (2) It is in the best interests of the child. In making such a determination, the court shall consider such factors as:
(A) The age of the child alleged or adjudicated as a dependent child; (B) The nature of the allegations; (C) The effect that an open court proceeding will have on the court's ability to reunite and rehabilitate the family unit; and (D) Whether the closure is necessary to protect the privacy of a child, of a foster parent or other caretaker of a child, or of a victim of domestic violence. (d) The court may close a hearing or exclude a person from a hearing in any proceeding on its own motion, by motion of a party to the proceeding, or by motion of the child who is the subject of the proceeding or the child's attorney or guardian ad litem. (e) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, the victim, and any other persons as the court finds have a proper

1480

JOURNAL OF THE HOUSE

interest in the proceeding or in the work of the court may be admitted by the court to hearings from which the public is excluded; provided, however, that when the conduct alleged in the dependency proceeding could give rise to a criminal or delinquent act prosecution, attorneys for the prosecution and the defense shall be admitted. (f) The court may refuse to admit a person to a hearing in any proceeding upon making a finding upon the record and issuing a signed order that the person's presence at the hearing would:
(1) Be detrimental to the best interests of the child who is a party to the proceeding; (2) Impair the fact-finding process; or (3) Be otherwise contrary to the interest of justice. (g) The court may temporarily exclude any child from a termination of parental rights hearing except while allegations of his or her delinquency or unruly conduct are being heard. (h) Any request for installation and use of electronic recording, transmission, videotaping, or motion picture or still photography of any judicial proceeding shall be made to the court at least two days in advance of the hearing. The request shall be evaluated by the court pursuant to the standards set forth in Code Section 15-1-10.1. (i) The judge may order the media not to release identifying information concerning any child or family members or foster parent or other caretaker of a child involved in hearings open to the public. (j) The general public shall be excluded from proceedings in juvenile court unless such hearing has been specified as one in which the general public shall be admitted to pursuant to this Code section.
15-11-701. (a) Upon dismissal of a petition or complaint alleging delinquency or that a child is a child in need of services or completion of the process in a case handled through informal adjustment, mediation, or other nonadjudicatory procedure, the court shall order the sealing of the files and records in the case. (b) On application of a person who has been adjudicated for committing a delinquent act or as a child in need of services or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding if the court finds that:
(1) Two years have elapsed since the final discharge of the person; (2) Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated for committing a delinquent act or as a child in need of services and no proceeding seeking conviction or adjudication is pending against the person; and (3) The person has been rehabilitated. (c) Reasonable notice of the hearing required by subsection (b) of this Code section shall be given to: (1) The prosecuting attorney; (2) DJJ, when appropriate;

THURSDAY, FEBRUARY 28, 2013

1481

(3) The authority granting the discharge if the final discharge was from an institution or from parole; and (4) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-702 and 15-11-708 are included in the application or motion. (d) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists pertaining to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or designated official and shall also be sent to the deputy director of the Georgia Crime Information Center of the Georgia Bureau of Investigation. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and otherwise only by those persons named in the order or to criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes. (e) The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16.
15-11-702. (a)(1) Every child charged with an offense that would be a felony if committed by an adult shall be fingerprinted and photographed upon being taken into custody. (2) Fingerprints and photographs of children to be used in investigating the commission of crimes shall be taken and filed separately from those of adults by law enforcement officials and shall be made available as provided in this article and as may be directed by the court.
(b) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. (c) If a child has been charged with an offense that if committed by an adult would be a felony or if the case is transferred to another court for prosecution, such child's identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and shall be authorized to disseminate such data for the purposes specified in Code Section 15-11-708. (d) Upon application of a child, fingerprints and photographs of such child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either such petition is filed or the case is transferred to the juvenile court or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when

1482

JOURNAL OF THE HOUSE

fingerprints and photographs are destroyed, and the Georgia Bureau of Investigation shall treat such records in the same manner as criminal history record information is restricted pursuant to Code Section 35-3-37. (e) Except as provided in subsection (a) of this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution. (f) Upon request, the judge or his or her designee shall release the name of any child with regard to whom a petition has been filed alleging a child committed a class A designated felony act or class B designated felony act or alleging a child committed a delinquent act if such child has previously been adjudicated for committing a delinquent act or if such child has previously been before the court on a delinquency charge and adjudication was withheld.
15-11-703. Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or a child in need of services, whether before or after reaching 18 years of age, except in the establishment of conditions of bail, plea negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys, superior or state court judges, and the accused and may be used in the same manner as adult records.
15-11-704. (a) Except as provided in subsection (b) of this Code section and Code Sections 15-11705 and 15-11-706, all files and records of the court in a proceeding under this chapter shall be open to inspection only upon order of the court. (b) The general public shall be allowed to inspect court files and records for any proceeding that was open to the public pursuant to paragraphs (1) through (5) of subsection (b) of Code Section 15-11-700. (c) A judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution such judge may deem proper and may punish by contempt any violation of those conditions. (d) A judge shall permit authorized representatives of DJJ, the Governor's Office for Children and Families, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on children and to make copies pursuant to the order of the court. (e) Except as otherwise provided in Code Sections 15-11-701 and 15-11-703, the complaint, petition, order of adjudication, and order of disposition in any delinquency case shall be disclosed upon request of the prosecuting attorney or the accused for use preliminarily to or in conjunction with a subsequent juvenile or criminal proceeding in a court of record.

THURSDAY, FEBRUARY 28, 2013

1483

15-11-705. (a) Notwithstanding other provisions of this article, the court records of proceedings under Article 5 of this chapter shall be withheld from public inspection but shall be open to inspection by juvenile probation and parole officers, a child who is a party in a proceeding, his or her parent, guardian, or legal custodian, such child's attorney, and others entrusted with the supervision of such child. Additional access to court records may be granted by court order. (b) It shall be unlawful for any person to disclose court records, or any part thereof, to persons other than those entitled to access under subsection (a) of this Code section, except by court order. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31.
15-11-706. (a) When a decision is made to handle a case through informal adjustment, mediation, or other nonadjudicatory procedure, the juvenile court intake officer shall file with the court in the county in which a child legally resides all of the following information:
(1) The name, address, and date of birth of the child subject to informal adjustment, mediation, or other nonadjudicatory procedure; (2) The act or offense for which such child was apprehended; (3) The diversion decision made; (4) The nature of such child's compliance with an informal adjustment agreement; and (5) If an informal adjustment agreement is revoked, the fact of and reasons for the revocation. (b) Notwithstanding subsection (a) of Code Section 15-11-701, the court in the county in which a child resides shall keep a separate record for such child which shall be open to the court, the prosecuting attorney, or an officer designated by the court only for the purpose of deciding whether to handle a subsequent case through informal adjustment, mediation, or other nonadjudicatory procedure or for use in disposition of a subsequent proceeding. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31.
15-11-707. Within 30 days of any proceeding in which a child is adjudicated for committing a delinquent act for a second or subsequent time or is adjudicated for committing a class A designated felony act or class B designated felony act, the court shall provide written notice to the school superintendent of the school in which such child is enrolled or his or her designee or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or class A designated felony act or class B designated felony act such child committed.

1484

JOURNAL OF THE HOUSE

15-11-708. (a) Law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. (b) Unless a charge of delinquency is transferred for criminal prosecution, the interest of national security requires, the case is one in which the general public may not be excluded from the hearings, or the court otherwise orders in the best interests of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public. (c) Inspection of the records and files shall be permitted by:
(1) A juvenile court having a child before it in any proceeding; (2) The attorney for a party to the proceedings, with the consent of the court; (3) The officers of public institutions or agencies to whom a child is committed; (4) Law enforcement officers and prosecuting attorneys of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties; (5) A court in which a child is convicted of a criminal offense, for the purpose of a presentence report or other disposition proceeding; (6) Officials of penal institutions and other penal facilities to which a child is committed; or (7) A parole board in considering a child's parole or discharge or in exercising supervision over such child. (d) The court shall allow authorized representatives of DJJ, the Governor's Office for Children and Families, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. (e) Access to fingerprint records submitted to the Georgia Bureau of Investigation shall be limited to the administration of criminal justice purposes.
15-11-709. (a) Subject to the earlier sealing of certain records pursuant to Code Section 15-11-701, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section 50-18-92. (b) Thereafter, the court may destroy such records, except that the records of cases in which a court terminates the parental rights of a parent and the records of cases involving a petition for legitimation of a child shall be preserved permanently. (c) The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed and shall make social records consisting of records of investigation and treatment and other confidential information. (d) Identification data shall be maintained and shall be disseminated to criminal justice officials for official judicial enforcement or criminal justice purposes as provided in Code Section 35-3-33.

THURSDAY, FEBRUARY 28, 2013

1485

(e) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indexes, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indexes in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indexes. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security shall be maintained.
15-11-710. (a) As used in this Code section, the term 'governmental entity' shall mean the court, superior court, DJJ, DBHDD, DFACS, county departments of family and children services, or public schools, as such term is defined in Code Section 16-11-35. (b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15, 15-11-40, 15-11-105, 15-11-170, 15-11264, 15-11-541, 15-11-542, 15-11-603, 15-11-708, 15-11-709, 15-11-744, 20-2-751.2, 20-14-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interests of such child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of a child in juvenile, superior, or state court or utilized to the detriment of such child. (c) Information released pursuant to this Code section shall not change or rescind the confidential nature of such information and such information shall not be subject to public disclosure or inspection unless otherwise provided by law.
ARTICLE 10
15-11-720. (a) Emancipation may occur by operation of law or pursuant to a petition filed with the court as provided in this article by a child who is at least 16 years of age. (b) An emancipation occurs by operation of law:
(1) When a child is validly married; (2) When a child reaches the age of 18 years; or (3) During the period when a child is on active duty with the armed forces of the United States. (c) An emancipation occurs by court order pursuant to a petition filed by a child with the juvenile court.

1486

JOURNAL OF THE HOUSE

15-11-721. A child seeking emancipation shall file a petition for emancipation in the juvenile court in the county where such child resides. The petition shall be signed and verified by the petitioner, and shall include:
(1) The petitioner's full name and birth date and the county and state where the petitioner was born; (2) A certified copy of the petitioner's birth certificate; (3) The name and last known address of the petitioner's parent, guardian, or legal custodian and, if no parent, guardian, or legal custodian can be found, the name and address of the petitioner's nearest living relative residing within this state; (4) The petitioner's present address and length of residency at that address; (5) A declaration by the petitioner demonstrating the ability to manage his or her financial affairs together with any information necessary to support the declaration; (6) A declaration by the petitioner demonstrating the ability to manage his or her personal and social affairs together with any information necessary to support the declaration; and (7) The names of individuals who have personal knowledge of the petitioner's circumstances and believe that under those circumstances emancipation is in the best interests of the petitioner. Such individuals may include any of the following:
(A) A licensed physician, physician assistant, or osteopath; (B) A registered professional nurse or licensed practical nurse; (C) A licensed psychologist; (D) A licensed professional counselor, social worker, or marriage and family therapist; (E) A school guidance counselor, school social worker, or school psychologist; (F) A school administrator, school principal, or school teacher; (G) A member of the clergy; (H) A law enforcement officer; or (I) An attorney.
15-11-722. (a) Upon filing the petition, a copy of the petition for emancipation and a summons to appear at the hearing shall be served on all persons named in the petition and upon any individual who provided an affidavit for the emancipation. (b) A person served with a petition may file an answer in the juvenile court in which the petition was filed within 30 days of being served.
15-11-723. (a) After a petition for emancipation is filed, the court may:
(1) Appoint a guardian ad litem to investigate the allegations of the petition and to file a report with the court, including a recommendation as to whether it is in the best interests of the petitioner that the petition for emancipation be granted; (2) Appoint an attorney for the petitioner; and

THURSDAY, FEBRUARY 28, 2013

1487

(3) Appoint an attorney for the petitioner's parent, guardian, or legal custodian if he or she is an indigent person and if he or she opposes the petition. (b) After a petition for emancipation is filed, the court shall seek an affidavit from each person identified in the petition pursuant to paragraph (7) of Code Section 15-11-721 that describes why that person believes the petitioner should be emancipated.
15-11-724. A child who petitions the court for emancipation shall have the burden of showing that emancipation should be ordered by a preponderance of evidence.
15-11-725. (a) The court shall issue an emancipation order if, after a hearing, it determines that emancipation is in the best interests of the child and such child has established:
(1) That his or her parent, guardian, or legal custodian does not object to the petition; or, if a parent, guardian, or legal custodian objects to the petition, that the best interests of the child are served by allowing the emancipation to occur by court order; (2) That he or she is a resident of this state; (3) That he or she has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. 'Other means of support' shall not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families as provided in Article 9 of Chapter 4 of Title 49 or similar programs under Title IV-A of the federal Social Security Act; (4) That he or she has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and (5) That he or she understands his or her rights and responsibilities under this article as an emancipated child. (b) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated child becomes 25 years of age. (c) An emancipation obtained by fraud is voidable. Voiding an emancipation order shall not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect. (d) A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of an emancipation petition.
15-11-726. (a) A child emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order. (b) A copy of the petition for rescission and a summons shall be served on the petitioner's parent, guardian, or legal custodian. (c) The court shall grant the petition and rescind the order of emancipation if it finds:
(1) That the petitioner is an indigent person and has no means of support;

1488

JOURNAL OF THE HOUSE

(2) That the petitioner and the petitioner's parent, guardian, or legal custodian agree that the order should be rescinded; or (3) That there is a resumption of family relations inconsistent with the existing emancipation order. (d) If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the petitioner becomes 25 years of age. (e) Rescission of an emancipation order shall not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect. (f) A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals.
15-11-727. (a) A child emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to a child because of his or her age. The rights of a child to receive any transfer of property or money pursuant to 'The Georgia Transfers to Minors Act' under Article 5 of Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform Gift to Minors Act, or other substantially similar act of another state; or pursuant to a trust agreement shall not be affected by a declaration of an emancipation under this article. (b) A child shall be considered emancipated for the purposes of, but not limited to:
(1) The right to enter into enforceable contracts, including apartment leases; (2) The right to sue or be sued in his or her own name; (3) The right to retain his or her own earnings; (4) The right to establish a separate domicile; (5) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including but not limited to property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem; (6) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of 18 regardless of their legal status; (7) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability; (8) The right to apply for a driver's license or other state licenses for which he or she might be eligible; (9) The right to register for school; (10) The right to apply for medical assistance programs and for other welfare assistance, if needed;

THURSDAY, FEBRUARY 28, 2013

1489

(11) The right, if a parent, to make decisions and give authority in caring for his or her own minor child; and (12) The right to make a will. (c) A parent, guardian, or legal custodian of a child emancipated by court order shall not be liable for any debts incurred by his or her child during the period of emancipation.
15-11-728. (a) The duty to provide support for a child shall continue until an emancipation order is granted. (b) A child emancipated under this article shall not be considered a dependent child. (c) The provisions set forth in Code Section 19-3-2 regarding age limitations to contract for marriage shall apply to a child who has become emancipated under this article.
ARTICLE 11
15-11-740. (a) This article shall be known and may be cited as the 'Georgia Child Advocate for the Protection of Children Act.' (b) In keeping with this article's purpose of assisting, protecting, and restoring the security of children whose well-being is threatened, it is the intent of the General Assembly that the mission of protection of the children of this state should have the greatest legislative and executive priority. Recognizing that the needs of children must be attended to in a timely manner and that more aggressive action should be taken to protect children from abuse and neglect, the General Assembly creates the Office of the Child Advocate for the Protection of Children to provide independent oversight of persons, organizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection of Children will provide children with an avenue through which to seek relief when their rights are violated by state officials and agents entrusted with their protection and care.
15-11-741. As used in this article, the term:
(1) 'Advocate' or 'child advocate' means the Child Advocate for the Protection of Children established under Code Section 15-11-742. (2) 'Agency' shall have the same meaning and application as provided for in paragraph (1) of subsection (a) of Code Section 50-14-1. (3) 'Child' or 'children' means an individual receiving protective services from DFCS, for whom DFCS has an open case file, or who has been, or whose siblings, parents, or

1490

JOURNAL OF THE HOUSE

other caretakers have been, the subject of a report to DFCS within the previous five years.
15-11-742. (a) There is created the Office of the Child Advocate for the Protection of Children. The Governor, by executive order, shall create a nominating committee which shall consider nominees for the position of the advocate and shall make a recommendation to the Governor. Such person shall have knowledge of the child welfare system, the juvenile justice system, and the legal system and shall be qualified by training and experience to perform the duties of the office as set forth in this article. (b) The advocate shall be appointed by the Governor from a list of at least three names submitted by the nominating committee for a term of three years and until his or her successor is appointed and qualified and may be reappointed. The salary of the advocate shall not be less than $60,000.00 per year, shall be fixed by the Governor, and shall come from funds appropriated for the purposes of the advocate. (c) The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. (d) The advocate may appoint such staff as may be deemed necessary to effectively fulfill the purposes of this article, within the limitations of the funds available for the purposes of the advocate. The duties of the staff may include the duties and powers of the advocate if performed under the direction of the advocate. The advocate and his or her staff shall receive such reimbursement for travel and other expenses as is normally allowed to state employees from funds appropriated for the purposes of the advocate. (e) The advocate shall have the authority to contract with experts in fields including but not limited to medicine, psychology, education, child development, juvenile justice, mental health, and child welfare as needed to support the work of the advocate, utilizing funds appropriated for the purposes of the advocate. (f) Notwithstanding any other provision of state law, the advocate shall act independently of any state official, department, or agency in the performance of his or her duties. (g) The advocate or his or her designee shall be a member of the Georgia Child Fatality Review Panel.
15-11-743. The advocate shall perform the following duties:
(1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children; (2) Refer complaints involving abused children to appropriate regulatory and law enforcement agencies;

THURSDAY, FEBRUARY 28, 2013

1491

(3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties; (4) Report the death of any child to the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and to provide such subcommittee access to any records of the advocate relating to such child; (5) Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy; (6) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article, including without limitation providing DFCS with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by DFCS, in DFCS offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting that office; and (7) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia.
15-11-744. (a) The advocate shall have the following rights and powers:
(1) To communicate privately, by mail or orally, with any child and with each child's parent, guardian, or legal custodian; (2) To have access to all records and files of DFCS concerning or relating to a child, and to have access, including the right to inspect, copy, and subpoena records held by clerks of the various courts, law enforcement agencies, service providers, including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatment within this state. To the extent any such information provides the names and addresses of individuals who are the subject of any confidential proceeding or statutory confidentiality provisions, such names and addresses or related information that has the effect of identifying such individuals shall not be released to the public without the consent of such individuals. The Office of the Child Advocate for the Protection of Children shall be bound by all confidentiality safeguards provided in Code Sections 49-5-40 and 49-5-44. Anyone wishing to

1492

JOURNAL OF THE HOUSE

obtain records held by the Office of the Child Advocate shall petition the original agency of record where such records exist; (3) To enter and inspect any and all institutions, facilities, and residences, public and private, where a child has been placed by a court or DFCS and is currently residing. Upon entering such a place, the advocate shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any children. After notifying the administrator or the person in charge of the facility, the advocate may communicate privately and confidentially with children in the facility, individually or in groups, or the advocate may inspect the physical plant. To the extent possible, entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of services to children; (4) To apply to the Governor to bring legal action in the nature of a writ of mandamus or application for injunction pursuant to Code Section 45-15-18 to require an agency to take or refrain from taking any action required or prohibited by law involving the protection of children; (5) To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies, independent authorities, private firms, individuals, and foundations for the purpose of carrying out the lawful responsibilities of the Office of the Child Advocate for the Protection of Children; (6) When less formal means of resolution do not achieve appropriate results, to pursue remedies provided by this article on behalf of children for the purpose of effectively carrying out the provisions of this article; and (7) To engage in programs of public education and legislative advocacy concerning the needs of children requiring the intervention, protection, and supervision of courts and state and county agencies. (b)(1) Upon issuance by the advocate of a subpoena in accordance with this article for law enforcement investigative records concerning an ongoing investigation, the subpoenaed party may move a court with appropriate jurisdiction to quash such subpoena. (2) The court shall order a hearing on the motion to quash within five days of the filing of the motion to quash, and the hearing may be continued for good cause shown by any party or by the court on its own motion. Subject to any right to an open hearing in contempt proceedings, such hearing shall be closed to the extent necessary to prevent disclosure of the identity of a confidential source; disclosure of confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons; or disclosure of the existence of confidential surveillance, investigation, or grand jury materials or testimony in an ongoing criminal investigation or prosecution. Records, motions, and orders relating to a motion to quash shall be kept sealed by the court to the extent and for the time necessary to prevent public disclosure of such matters, materials, evidence, or testimony. (c) The court shall, at or before the time specified in the subpoena for compliance therewith, enter an order:

THURSDAY, FEBRUARY 28, 2013

1493

(1) Enforcing the subpoena as issued; (2) Quashing or modifying the subpoena if it is unreasonable and oppressive; or (3) Conditioning enforcement of the subpoena on the advocate maintaining confidential any evidence, testimony, or other information obtained from law enforcement or prosecution sources pursuant to the subpoena until the time the criminal investigation and prosecution are concluded. Unless otherwise ordered by the court, an investigation or prosecution shall be deemed to be concluded when the information becomes subject to public inspection pursuant to Code Section 50-18-72. The court shall include in its order written findings of fact and conclusions of law.
15-11-745. (a) No person shall discriminate or retaliate in any manner against any child, parent, guardian, or legal custodian of a child, employee of a facility, agency, institution or other type of provider, or any other person because of the making of a complaint or providing of information in good faith to the advocate or willfully interfere with the advocate in the performance of his or her official duties. (b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
15-11-746. The advocate shall be authorized to request an investigation by the Georgia Bureau of Investigation of any complaint of criminal misconduct involving a child.
15-11-747. (a) There is established a Child Advocate Advisory Committee. The advisory committee shall consist of:
(1) One representative of a not for profit children's agency appointed by the Governor; (2) One representative of a for profit children's agency appointed by the Lieutenant Governor; (3) One pediatrician appointed by the Speaker of the House of Representatives; (4) One social worker with experience and knowledge of child protective services who is not employed by the state appointed by the Governor; (5) One psychologist appointed by the Lieutenant Governor; (6) One attorney from the Children and the Courts Committee of the State Bar of Georgia appointed by the Speaker of the House of Representatives; and (7) One juvenile court judge appointed by the Chief Justice of the Supreme Court. Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the same manner as the original appointment. (b) The advisory committee shall meet a minimum of three times a year with the advocate and his or her staff to review and assess the following: (1) Patterns of treatment and service for children;

1494

JOURNAL OF THE HOUSE

(2) Policy implications; and (3) Necessary systemic improvements. The advisory committee shall also provide for an annual evaluation of the effectiveness of the Office of the Child Advocate for the Protection of Children."
PART II PLACEMENT OF JUVENILE OFFENDERS
SECTION 2-1.
Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally and the placement of juvenile offenders, is amended by revising subsection (b), as follows:
"(b) The department may establish separate correctional or similar institutions for the separation and care of juvenile offenders. The commissioner may transfer any juvenile under 17 years of age from the penal institution in which he or she is serving to the Department of Juvenile Justice, provided that the transfer is approved thereby. The juvenile may be returned to the custody of the commissioner when the commissioner of juvenile justice determines that the juvenile is unsuited to be dealt with therein. The commissioner may accept a juvenile for transfer into a penal institution upon the request of the commissioner of juvenile justice if such juvenile is 16 years of age or older and has been committed to the Department of Juvenile Justice for a class A designated felony act or class B designated felony act, as defined by Code Section 1511-2, and such juvenile's behavior presents a substantial danger to any person at or within a Department of Juvenile Justice facility. In the event of such transfer, the department shall have the same authority over and responsibility for such juvenile as the Department of Juvenile Justice has for such juvenile and shall maintain sight and sound separation as set forth in paragraph (5) of subsection (c) of Code Section 15-11504."
PART III DEPARTMENT OF JUVENILE JUSTICE AND
CHILDREN AND YOUTH SERVICES SECTION 3-1.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-4A-1, relating to definitions, as follows:
"49-4A-1. As used in this chapter, the term:
(1) 'Board' means the Board of Juvenile Justice. (2) 'Child in need of services' means any child so adjudged under Article 5 of Chapter 11 of Title 15. (2)(3) 'Commissioner' means the commissioner of juvenile justice.

THURSDAY, FEBRUARY 28, 2013

1495

(3)(4) 'Delinquent or unruly child or youth' means any person child so adjudged under Article 1 6 of Chapter 11 of Title 15. (4)(5) 'Department' means the Department of Juvenile Justice. (6) 'Detention assessment' means an actuarial tool, approved by the board and validated on a targeted population, used to make detention decisions and that identifies and calculates specific factors that are likely to indicate a child's risk to public safety pending adjudication and the likelihood that such child will appear for juvenile proceedings for the act causing the detention decision to be made. (7) 'Evidence based programs or practices' means programs, practices, procedures, and policies that scientific research demonstrates a likelihood to prevent or reduce juvenile delinquency or recidivism. (8) 'Juvenile detention facility' means hardware secure residential institutions or community residential locations operated by or on behalf of the department and may include youth development centers, regional youth detention centers, group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting. (9) 'Recidivism' means a conviction or adjudication of delinquency for an offense or crime committed within three years of being placed on probation or being discharged or released from a juvenile detention facility. (10) 'Risk and needs assessment' means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child's likelihood of recidivating and identifies criminal risk factors that, when properly addressed, can reduce such child's likelihood of recidivating. (11) 'Risk assessment' means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child's likelihood of recidivating."
SECTION 3-2. Said chapter is further amended by revising subsection (b) of Code Section 49-4A-2, relating to the creation of the Board of Juvenile Justice, as follows:
"(b) The board shall: (1) Provide provide leadership in developing programs to successfully rehabilitate juvenile delinquents and unruly children delinquent children committed to the state's custody and to provide; (2) Provide technical assistance to private and public entities for prevention programs for children at risk; (3) Ensure that detention assessment, risk assessment, and risk and needs assessment instruments that are utilized by intake personnel and courts are developed in consultation with the Governor's Office for Children and Families and the Council of Juvenile Court Judges and ensure that such instruments are validated at least every five years; (4) Adopt rules and regulations governing the management and treatment of children committed to the department to ensure that evidence based programs or practices,

1496

JOURNAL OF THE HOUSE

including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to placing a committed child in a facility or into the community, preparing a child's release into the community, and managing children probationers in the community; and (5) Require the department to collect and analyze data and performance outcomes, including, but not limited to, data collected and maintained pursuant to subsection (n) of Code Section 49-4A-8 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 Judiciary Non-civil and the Senate State Judiciary Committee."
SECTION 3-3. Said chapter is further amended by revising Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice, as follows:
"49-4A-3. (a) There is created the Department of Juvenile Justice and the position of commissioner of juvenile justice. The Department of Juvenile Justice shall be the successor entity to the Department of Children and Youth Services and the change is intended to be one of name only; and the commissioner of juvenile justice shall be the successor to the commissioner of children and youth services and the change is intended to be one of name only. The commissioner shall be the chief administrative officer of the Department of Juvenile Justice department and shall be both appointed and removed by the board, subject to the approval of the Governor. The commissioner of human services may shall not also serve as the commissioner of juvenile justice. Subject to the general policy and rules and regulations of the board, the commissioner of juvenile justice shall supervise, direct, account for, organize, plan, administer, and execute the functions of the Department of Juvenile Justice department. (b) The department shall provide for supervision, detention, and rehabilitation of juvenile delinquents delinquent children committed to the state's custody. The department shall also be authorized to operate prevention programs and to provide assistance to local public and private entities with prevention programs for juveniles children at risk. In lieu of commitment Additionally, the department will shall be authorized to provide for specialized treatment for juvenile offenders, in lieu of commitment, who have been found to be sex offenders or drug abusers children adjudicated for delinquent acts involving sexual offenses or controlled substances and who may have behavior disorders. The department's organization, operation, and implementation shall be based on the following:
(1) Development of a comprehensive continuum of service options using evidence based programs or practices through flexible funding to allow providers to respond to the unique needs and capabilities of individual children and families; (2) Services implemented so that each child and family served can have a personal relationship with staff, providers, and workers, which staff, providers, and workers

THURSDAY, FEBRUARY 28, 2013

1497

shall be trained and treated as professionals, have a range of multidisciplinary skills, and have manageable caseloads; (3) Services shall be based on evidence based programs or practices and be community centered and responsive to local needs with state and local and public and private entities forming cooperative partnerships that enhance informal support systems for families; (4) Systems that are accountable, with desired outcomes specified, results measured and evaluated, and cost-efficient options maximized; (5) Intersystem communication and collaboration that are encouraged and facilitated through coordination of systems so that gaps and unnecessary duplications in planning, funding, and providing services are eliminated; (6) Being consumer The department shall be consumer driven and responsive to the changing needs of individual communities; and (7) Encouraging The department shall encourage the central location of various services whenever possible."
SECTION 3-4. Said chapter is further amended by revising Code Section 49-4A-4, relating to purpose of chapter, as follows:
"49-4A-4. It is the purpose of this chapter to establish the department as the agency to administer, supervise, and manage juvenile detention facilities. Except for the purposes of administration, supervision, and management as provided in this chapter, juvenile detention facilities shall continue to be detention care facilities for delinquent and unruly children and youth for the purposes of Article 1 of Chapter 11 of Title 15, relating to juvenile courts and juvenile proceedings."
SECTION 3-5. Said chapter is further amended by revising subsection (a) of Code Section 49-4A-5, relating to transfer of functions and employees of the Division of Youth Services and personnel administration, as follows:
"(a) The department shall carry out all functions and exercise all powers relating to the administration, supervision, and management of juvenile detention facilities, including youth development centers, and jurisdiction over said youth development centers and other such juvenile detention facilities is vested in the department."
SECTION 3-6. Said chapter is further amended by revising Code Section 49-4A-6, relating to rules and regulations, as follows:
"49-4A-6. (a) The board shall adopt rules and regulations for the government, operation, administration, and maintenance of youth development centers and other juvenile detention facilities by the department and may also adopt such other rules and

1498

JOURNAL OF THE HOUSE

regulations for the government and operation of the department as the board may deem necessary consistent with the provisions of this chapter. (b) Rules and regulations adopted by the board under subsection (a) of this Code section shall recognize that a primary purpose of youth development centers and other juvenile detention facilities is to carry out rehabilitative programs using evidence based programs or practices to the end that children and youth housed in said centers shall such facilities develop their self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are qualified for honorable employment."
SECTION 3-7 Said chapter is further amended by revising Code Section 49-4A-7, relating to powers and duties of the department, as follows:
"49-4A-7. (a) The department shall be authorized to:
(1) Accept for detention in a youth development center or other juvenile detention facility any child who is committed to the department under Article 1 6 of Chapter 11 of Title 15; (2) Provide probation and parole and other court services for children and youth pursuant to a request from a court under Article 1 6 of Chapter 11 of Title 15; (3) Provide casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state or from their home communities in this state to another state or from their home communities in another state to this state; pay the costs of returning such runaway children and youths to their home communities; and provide such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39; (4) Enter into contracts and cooperative agreements with federal, state, county, and municipal governments and their agencies and departments; enter into contracts with public and private institutions and agencies of this and other states; enter into leases with private vendors selected to operate programs on behalf of the department which leases shall run concurrently with the department's service contracts; provided, however, that any such lease shall provide that if the property which is the subject of the lease is sold and conveyed during the term of the lease, such lease shall expire by operation of law 90 days after the closing of such sale and conveyance; and enter into contracts with individuals, as may be necessary or desirable in effectuating the purposes of this chapter; and (5) Solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes. (b) When given legal custody over a child or youth for detention in a youth development center or other juvenile detention facility under court order under Article 1 6 of Chapter 11 of Title 15, the department shall have: (1) The right of physical possession of the such child or youth;

THURSDAY, FEBRUARY 28, 2013

1499

(2) The right and duty to protect, train, and discipline the such child or youth; (3) The responsibility to provide the such child or youth with food, clothing, shelter, and education; (4) The right to determine in which facility the such child or youth shall live and to transfer such child as provided in subsection (b) of Code Section 42-5-52; and (5) The right and duty to provide or obtain for a such child or youth medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians. (c) The board may authorize the commissioner to enter into contracts and agreements provided for in this Code section subject to the approval of the board or may, through appropriate action of the board, delegate such authority to the commissioner; provided, however, that any contract or agreement that provides services to delinquent children shall be a performance based contract that includes financial incentives or consequences based on the results achieved by the contractor as measured by output, quality, or outcome measures."
SECTION 3-8. Said chapter is further amended by revising Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows:
"49-4A-8. (a) When any child or youth is adjudged to be in a state of delinquency or unruliness under Article 1 of Chapter 11 of Title 15 and the court does not release such a delinquent child or youth unconditionally or place him or her on probation or in a suitable public or private institution or agency, the court may commit him such child to the department as provided in said Article 1 6 of Chapter 11 of Title 15; provided, however, that no delinquent or unruly child or youth shall be committed to the department until the department certifies to the Governor that it has facilities available and personnel ready to assume responsibility for delinquent or unruly children and youths. (b) When the court commits a delinquent or unruly child to the department, it may order the such child conveyed forthwith to any facility designated by the department or direct that the such child be left at liberty until otherwise ordered by the department under such conditions as will ensure his or her availability and submission to any orders of the department. If such delinquent or unruly child is ordered conveyed to the department, the court shall assign an officer or other suitable person to convey such child to any facility designated by the department, provided that the person assigned to convey a girl must be a female. The cost of conveying such child committed to the department to the facility designated by the department shall be paid by the county from which such child is committed, provided that no compensation shall be allowed beyond the actual and necessary expenses of the party conveying and the child conveyed. (c) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department electronically submit a certified copy of the

1500

JOURNAL OF THE HOUSE

order of commitment to the department, and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect pertaining to the case, including, but not limited to, any predisposition investigation report as set forth in Code Section 15-11-590 and any risk assessment. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department.
(d)(1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and study the such child and investigate all pertinent circumstances of his or her life and behavior. The department shall make periodic reexaminations of all delinquent or unruly such children within its control, except those on release under supervision of the department. Such reexaminations may be made as frequently as the department considers desirable, and shall be made with respect to every such child shall be reexamined at intervals not exceeding one year. Failure of the department to examine a delinquent or unruly child such a child committed to it or to reexamine him or her within one year of a previous examination shall not of itself entitle the such child to discharge from control of the department but shall entitle the such child to petition the committing court for an order of discharge; and the court shall discharge him or her unless the department, upon due notice, satisfies the court of the necessity of further control. (2) The department shall keep written records of all examinations and reexaminations, of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the department with respect pertaining to a delinquent or unruly child committed to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to regarding disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles. (e) Except as provided by subsection (e.1) of this Code section and subsection (b) (c) or (d) of Code Section 15-11-70 15-11-602, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the such child's care and treatment has been completed, the department may: (1) Permit the such child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the such child's confinement under such conditions as the department may believe best designed to serve the such child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desirable;

THURSDAY, FEBRUARY 28, 2013

1501

(4) Revoke or modify any order of the department affecting the such child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge the such child from control of the department pursuant to Code Section 15-11-32 and subsection (a) (c) of Code Section 15-11-70 15-11-607 when it is satisfied that such discharge will best serve the such child's welfare and the protection of the public. (e.1)(1) When a child who has been adjudicated delinquent for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-63 15-11-2 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the such child's delinquent acts that the such child is being released from confinement or custody. (2) As long as a good faith attempt to comply with paragraph (1) of this subsection has been made, the The department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection. (3) When a child convicted of a felony offense in a superior court is released from confinement or custody of the department, the department shall provide written notice, including the delinquent act or class A designated felony act or class B designated felony act committed, to the superintendent of the school system in which such child was enrolled or, if the information is known, the school in which such child was enrolled or plans to be enrolled. (4) As long as a good faith attempt to comply with paragraph (3) of this subsection has been made, the The department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide notice required by paragraph (3) of this subsection. (f) As a means of correcting the socially harmful tendencies of a delinquent or unruly child committed to it, the department may: (1) Require participation by youth such child in moral, academic, vocational, physical, and correctional training and activities, and provide youth such child the opportunity for religious activities where practicable in the institutions under the control and supervision of the department; (2) Require such modes of life and conduct as may seem best adapted to fit and equip him or her for return to full liberty without danger to the public; (3) Provide such medical, psychiatric, or casework treatment as is necessary; or (4) Place him or her, if physically fit, in a park, maintenance camp, or forestry camp or on a ranch owned by the state or by the United States and require any child so housed to perform suitable conservation and maintenance work, provided that the children shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabilitate the children rather than to make the camps selfsustaining. (g) When funds are available, the department may:

1502

JOURNAL OF THE HOUSE

(1) Establish and operate places for detention and diagnosis of all delinquent or unruly children committed to it; (2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits and different mental and physical conditions, according to their needs; and (3) Establish parole or aftercare supervision to aid children given conditional release to find homes and employment and otherwise to assist them to become reestablished in the community and to lead socially acceptable lives. (h) Whenever the department finds that any delinquent or unruly child committed to the department is mentally ill or mentally retarded has a developmental disability, as defined in Code Section 15-11-2, the department shall have the power to return such delinquent or unruly child to the court of original jurisdiction for appropriate disposition by that court or may, if it so desires, request the court having jurisdiction in the county in which the youth development center or other juvenile detention facility is located to take such action as the condition of the child may require. (i)(1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center juvenile detention facility or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the such written request mentioned above must shall be reviewed by the commissioner or his or her designee. If the commissioner or his or her designee finds that probable cause exists to believe that the such child has violated his or her conditions of supervision, he or she may issue an order directing that the such child be picked up and returned to custody. (2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children or children in need of services in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children or children in need of services retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such

THURSDAY, FEBRUARY 28, 2013

1503

employee. The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or a juvenile detention facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers such facilities or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126 and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children or children in need of services detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must shall be certified under that chapter. (3) For the purposes of investigation of delinquent or unruly children who have escaped from institutions or juvenile detention facilities of the department or of delinquent or unruly children who are alleged to have broken the conditions of supervision, the department is empowered and authorized to request and receive from the Georgia Crime Information Center, established by Chapter 3 of Title 35, any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children. (4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision, or a child may be taken into custody pursuant to Code Section 15-11-45 15-11-501. When taking a child into custody pursuant to this paragraph, a designated employee of the department shall have the power to use all force reasonably necessary to take the such child into custody. (5) The child shall be kept in custody in a suitable place designated by the department and there detained until such child may be returned to the custody of the department. (6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to this subsection shall have the same

1504

JOURNAL OF THE HOUSE

immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant. (j) The department shall ensure that each delinquent or unruly child it releases under supervision or otherwise has suitable clothing, transportation to his or her home or to the county in which a suitable home or employment has been found for him or her, and such an amount of money as the rules and regulations of the board may authorize. The expenditure for clothing and for transportation and the payment of money to a delinquent or unruly such child released may be made from funds for support and maintenance appropriated by the General Assembly to the department or to the institution from which such child is released or from local funds. (k) Every child committed to the department as delinquent or unruly, if not already discharged, shall be discharged from custody of the department when he or she reaches his or her twenty-first birthday. (l) Commitment of a delinquent or unruly child to the custody of the department shall not operate to disqualify such child in any future examination, appointment, or application for public service under the government either of the state or of any political subdivision thereof. (m) A commitment to the department shall not be received in evidence or used in any way in any proceedings in any court, except in subsequent proceedings for delinquency or unruliness being in need of services involving the same child and except in imposing sentence in any criminal proceeding against the same person. (n)(1) The department shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the department shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the department and shall tabulate, analyze, and publish in print or electronically annually these data so that they may be used to evaluate the relative merits of methods of treatment. The department shall cooperate and coordinate with courts, juvenile court clerks, the Governor's Office for Children and Families, and public and private agencies in the collection of statistics and information regarding juvenile delinquency; arrests made; complaints, informations, and petitions filed; the disposition made thereof; and other information useful in determining the amount and causes of juvenile delinquency in this state:
(A) Juvenile delinquency; (B) Arrests made; (C) Detentions made, the offense for which such detention was authorized, and the reason for each detention; (D) Complaints filed; (E) Informations filed; (F) Petitions filed; (G) The results of complaints, informations, and petitions, including whether such filings were dismissed, diverted, or adjudicated;

THURSDAY, FEBRUARY 28, 2013

1505

(H) Commitments to the department, the length of such commitment, and releases from the department; (I) The department's placement decisions for commitments; (J) Placement decisions to institutions, camps, or other facilities for delinquent children operated under the direction of courts or other local public authorities; (K) Community programs utilized and completion data for such programs; (L) Recidivism; (M) Data collected by juvenile court clerks pursuant to Code Section 15-11-64; and (N) Other information useful in determining the amount and causes of juvenile delinquency in this state. (2) In order to facilitate the collection of such the information required by paragraph (1) of this subsection, the department shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to juveniles and collect data from juvenile court clerks. (o) When a child who is committed to the department is under court order to make certain restitution as a part of his or her treatment by the court, the requirement that the restitution be paid in full shall not cease with the order of commitment. The provision of the order requiring restitution shall remain in force and effect during the period of commitment, and the department is empowered to enforce said such restitution requirement and to direct that payment of funds or notification of service completed be made to the clerk of the juvenile court or another employee of that court designated by the judge."
SECTION 3-9. Said chapter is further amended by revising subsections (b) and (e) of Code Section 494A-9, relating to sentence of youthful offenders, as follows:
"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing or paroling any child adjudicated for committing a delinquent act for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-63 15-11-2 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's

1506

JOURNAL OF THE HOUSE

delinquent acts that the child is being released or paroled. So As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection." "(e) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center juvenile detention facility programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities, and under the general supervision of youth development center juvenile detention facility staff at special planned activities outside of the youth development center juvenile detention facility. When such a child sentenced in the superior court is approaching his or her seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs described in this subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his or her sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law."
SECTION 3-10. Said chapter is further amended by revising Code Section 49-4A-10, relating to escape from a youth detention center, petition, and commitment, as follows:
"49-4A-10. Whenever any child shall escape from any youth detention center juvenile detention facility, the department shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a youth detention center juvenile detention facility under the jurisdiction of the department or to another institution under the Department of Corrections."
SECTION 3-11. Said chapter is further amended by revising Code Section 49-4A-11, relating to aiding or encouraging a child to escape and hindering apprehension of a child, as follows:
"49-4A-11. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody 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. (b) Any person who shall knowingly harbor or shelter any child or youth who has escaped the lawful custody or control of the department 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.

THURSDAY, FEBRUARY 28, 2013

1507

(c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof 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."
SECTION 3-12. Said chapter is further amended by revising subsection (c) of Code Section 49-4A-16, relating to unlawful crossing or passage of certain items across guard lines and penalty, as follows:
"(c) The provisions of this Code section shall not apply when the commissioner or director of the juvenile detention center or youth development center facility has provided authorization for the introduction of the items listed in subsection (b) of this Code section into such center facility."
SECTION 3-13. Said chapter is further amended by revising Code Section 49-4A-17, relating to introduction of certain items into a juvenile detention center or youth development center prohibited and commerce with incarcerated youth, as follows:
"49-4A-17. (a)(1) Without the knowledge and consent of the commissioner or the director in charge of any juvenile detention center or youth development center facility, it shall be unlawful for any person to take into or cause to be introduced into such center facility any item which such person has been directed not to take into such center: (A) Verbally by a staff member of such center facility; (B) In writing by a staff member of such center facility; or (C) As directed by the rules, regulations, or policies of such center facility. (2) Any item taken into a center facility in violation of this subsection shall be deemed contraband and shall be subject to being confiscated and retained as property of the department. (3) 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 four years.
(b) It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to a youth child assigned to a juvenile detention center or youth development center facility without the knowledge and consent of the commissioner or the director in charge of such center facility. 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 four years."

1508

JOURNAL OF THE HOUSE

PART IV CROSS REFERENCES
SECTION 4-1.
Code Section 1-2-8 of the Official Code of Georgia Annotated, relating to rights of minors, is revised as follows:
"1-2-8. The law prescribes certain ages at which persons shall be considered of sufficient maturity to discharge certain civil functions, to make contracts, and to dispose of property. Prior to those ages they are minors and are, on account of that disability, unable to exercise these rights as citizens unless such minor becomes emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15."
SECTION 4-2. Code Section 5-7-1 of the Official Code of Georgia Annotated, relating to orders, decisions, or judgments appealable by the state, is amended by revising paragraph (6) of subsection (a) as follows:
"(6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 1511-560;"
SECTION 4-3. Code Section 13-3-20 of the Official Code of Georgia Annotated, relating to minors and contracts for property or valuable consideration and contracts for necessities, is revised as follows:
"13-3-20. (a) Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age of 18, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, the minor shall have thereby ratified or affirmed the contract and it shall be binding on him or her. Such contractual transaction shall also be binding upon any minor who becomes emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15. (b) The contract of a minor for necessaries shall be binding on the minor as if the minor were 18 years of age except that the party furnishing them to the minor shall prove that the parent or guardian of such minor had failed or refused to supply sufficient necessaries for the minor, that the minor was emancipated by operation of law, or the minor was emancipated pursuant to Article 6 10 of Chapter 11 of Title 15."
SECTION 4-4. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows:

THURSDAY, FEBRUARY 28, 2013

1509

"15-18-6.1. (a) The district attorney shall be responsible for prosecuting any appeal from the juvenile court. Except as provided in subsection (c) of this Code section, the district attorney shall be responsible for representing the state in the prosecution of delinquency cases in the juvenile court. The district attorney may designate assistant district attorneys, investigators, victim and witness assistance personnel, and other employees to assist in juvenile court. (b) In counties with a solicitor-general for the state court, the solicitor-general may, with the approval of the district attorney, represent the state in prosecution of juvenile traffic offenses and in any delinquency case arising out of the operation of a motor vehicle or a watercraft. (c) If as a result of workload, lack of staff, or other cause the district attorney determines that his or her office cannot provide representation for the state in a juvenile court of a county, other than for an appeal, the district attorney shall notify in writing the chief judge of superior court, the judge or judges of the juvenile court, and the chairperson of the county governing authority of such county of such determination. A copy of such notice shall be provided to the Prosecuting Attorneys' Council of the State of Georgia. If the district attorney determines that his or her office may resume representation in juvenile court, he or she shall notify the chief judge of the superior court, the judge or judges of the juvenile court, and the chairperson of the county governing authority; and the county governing authority in consultation with the juvenile court judges shall determine if such representation shall resume. (d) Upon receipt of the notice set forth in subsection (c) of this Code section, the governing authority of such county may appoint one or more attorneys to represent the state in prosecuting delinquency cases in juvenile court. Such attorney shall be compensated in an amount to be fixed by the governing authority of such county. The governing authority shall determine and state in writing whether an attorney shall serve on a full-time or part-time basis. An attorney appointed to serve on a full-time basis shall not engage in the private practice of law. An attorney appointed to serve on a part-time basis may engage in the private practice of law, but shall not represent a child charged with committing a delinquent act in the juvenile court of the county in which he or she serves as part-time prosecutor nor may he or she appear in any matter in which he or she has exercised jurisdiction. (e) An attorney appointed pursuant to subsection (d) of this Code section shall have all of the powers, duties, and authority of the district attorney with regard to delinquency cases and shall be subject to all laws and rules governing the conduct of prosecuting attorneys in this state. If such attorney is disqualified from interest or relationship to engage in prosecution, the provisions of Code Section 15-18-5 shall apply."
SECTION 4-5. Said title is further amended by revising subsection (e) of Code Section 15-23-7, relating to collection of additional legal costs in civil actions for purposes of providing courtconnected or court-referred alternative dispute resolution programs, as follows:

1510

JOURNAL OF THE HOUSE

"(e) Juvenile court supervision fees collected pursuant to Code Section 15-11-71 1511-37 may be used for mediation services provided by court programs pursuant to this chapter."
SECTION 4-6. Said title is further amended by revising Code Section 15-23-10, relating to the determination of need as prerequisite to establishment of program, as follows:
"15-23-10. No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chapter shall be available to any court, including the juvenile court, which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices. Pursuant to the standards set forth in the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices, the funding mechanism set forth in this chapter shall be available to court programs in which cases are screened by the judge or by the program director under the supervision of the judge on a case-by-case basis to determine whether:
(1) The case is appropriate for the process; (2) The parties are able to compensate the neutral if compensation is required; and (3) A need for emergency relief makes referral inappropriate until the request for relief is heard by the court."
SECTION 4-7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraphs (1) and (3) of subsection (a) of Code Section 16-5-45, relating to interference with custody, as follows:
"(1) 'Child' means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived dependent child or an unruly child a child in need of services as such terms are defined in Code Section 1511-2." "(3) 'Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-45 15-11-133, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction."
SECTION 4-8. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 16-10-52, relating to escape, as follows:

THURSDAY, FEBRUARY 28, 2013

1511

"(3) Having been adjudicated of a delinquent or unruly act or a juvenile traffic offense, or as a child in need of services subject to lawful custody or lawful confinement, intentionally escapes from lawful custody or from any place of lawful confinement;"
SECTION 4-9. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 16-11-101.1, relating to furnishing a pistol or revolver to a person under the age of 18 years, as follows:
"(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent act under the provisions of Article 1 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-13, if such minor were an adult."
SECTION 4-10 Said title is further amended by revising subsection (b) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"(b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. (3) Any person convicted of a violation of this subsection involving a dangerous weapon or machine gun, as such terms are defined in Code Section 16-11-121, shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (4) A child who violates this subsection may be subject to the provisions of Code Section 15-11-63 15-11-601."
SECTION 4-11. Said title is further amended by revising subsection (d) of Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows:

1512

JOURNAL OF THE HOUSE

"(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent act under the provisions of Article 1 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."
SECTION 4-12. Said title is further amended by revising paragraph (3) of subsection (a) and subsections (b) and (c) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows:
"(3) 'Minor' means any individual who is under the age of 17 years who is alleged to have committed a delinquent act or any individual under the age of 18 years who is alleged to be a deprived child or an unruly child as such terms are defined in Code Section 15-11-2." "(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation dependency of a minor or causing a child to be a child in need of services when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly a child in need of services as such term is defined in Code Section 15-11-2; provided, however, that this paragraph shall not apply to a service provider that notifies the minor's parent, guardian, or legal custodian of the minor's location and general state of well being well-being as soon as possible but not later than 72 hours after the minor's acceptance of services; provided, further, that such notification shall not be required if:
(A) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-75; (B) The minor will not disclose the name of the minor's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; or (C) The minor's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found adjudicated to be a deprived dependent child as such term is defined in Code Section 15-11-2; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses

THURSDAY, FEBRUARY 28, 2013

1513

force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found adjudged to be unruly or deprived a dependent child or a child in need of services."
SECTION 4-13. Said title is further amended by revising subsections (c), (e), and (g) of Code Section 1612-141.1, relating to disposal of aborted fetuses, as follows:
"(c) Within 90 days after May 10, 2005, the Department of Human Resources (now known as the Department of Public Health for these purposes) shall prepare a reporting form for physicians which shall include:
(1) The number of females whose parent or guardian was provided the notice required in paragraph (1) of subsection (a) of Code Section 15-11-112 15-11-682 by the physician or such physician's agent; of that number, the number of notices provided personally under subparagraphs (a)(1)(A) and (a)(1)(B) of Code Section 1511-112 15-11-682 and the number of notices provided by mail under subparagraph (a)(1)(C) of Code Section 15-11-112 15-11-682; and, of each of those numbers, the number of females who, to the best of the reporting physician's information and belief, went on to obtain the abortion; (2) The number of females upon whom the physician performed an abortion without providing to the parent or guardian of a minor the notice required by subsection (a) of Code Section 15-11-112 15-11-682; and of that number, the number of females for which subsection (b) of Code Section 15-11-112 15-11-682 and Code Section 15-11116 15-11-686 were applicable; (3) The number of abortions performed upon a female by the physician after receiving judicial authorization pursuant to subsection (b) of Code Section 15-11-112 15-11-682 and Code Section 15-11-114 15-11-684; and (4) The same information described in paragraphs (1), (2), and (3) of this subsection with respect to females for whom a guardian or conservator has been appointed." "(e) By February 28 of each year following a calendar year in any part of which this subsection was in effect, each physician who provided, or whose agent provided, the

1514

JOURNAL OF THE HOUSE

notice described in subsection (a) of Code Section 15-11-112 15-11-682 and any physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Public Health a copy of the form described in subsection (c) of this Code section with the requested data entered accurately and completely." "(g) By June 30 of each year, the Department of Public Health shall issue a public report providing statistics for the previous calendar year compiled from all the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (c) of this Code section. The report shall also include statistics which shall be obtained by the Administrative Office of the Courts giving the total number of petitions or motions filed under subsection (b) of Code Section 15-11-112 15-11-682 and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of such appeals that resulted in the denials being affirmed, and the number of such appeals that resulted in reversals of such denials. Each report shall also provide the statistics for all previous calendar years for which such a public statistical report was required to be issued, adjusted to reflect any additional information from late or corrected reports. The Department of Public Health shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual female or of any female for whom a guardian or conservator has been appointed."
SECTION 4-14. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-4-25.1, relating to the transport of an arrested person to a jurisdiction in which an offense was committed and transport of prisoner outside a county or municipality, as follows:
"17-4-25.1. (a) As provided in subsection (e) of this Code section, a sworn law enforcement officer from a county or municipality in which an offense is alleged to have been committed shall be authorized to transport an arrested person, with the warrant under which such person was arrested, from one jurisdiction to the county or municipality in which the offense is alleged to have been committed for examination before any judicial officer of that county or municipality. (b) Unless otherwise provided by contract, the agency transporting requesting the transportation of the arrested person pursuant to subsection (a) of this Code section shall be responsible for all costs associated with the transport. Such officer may hold or imprison the arrested person in a jurisdiction other than where the offense is alleged to have been committed long enough to enable such officer to prepare to take the arrested person to the jurisdiction in which the offense is alleged to have been committed.

THURSDAY, FEBRUARY 28, 2013

1515

(c) A sworn law enforcement officer from a county or municipality shall be authorized to transport a prisoner who is lawfully in the custody of such officer to a medical facility, youth development center juvenile detention facility as defined in Code Section 49-4A-1, or court appearance outside such county or municipality or to transport such prisoner to a location outside such county or municipality for any lawfully required or necessary purpose. (d) This Code section shall not be construed to provide any general state-wide police powers or authority for county or municipal law enforcement officers or expand the arrest powers of such officers outside their properly authorized jurisdiction. (e) Sheriffs and, with the approval of its governing authority, municipal or other law enforcement agency heads are authorized to enter into a contract for the purposes of transporting arrested individuals from the jurisdiction of the arrest to an appropriate detention facility where the alleged crime is to have occurred. In the absence of a written contract between the sheriff and municipal or other law enforcement agency head, the sheriff or his or her designee has the right of first refusal, as evidenced in writing, of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred. Any responsibility arising as a result of the transportation of an arrested individual as authorized in this Code section shall be that of the agency whose employee is transporting the arrested individual."
SECTION 4-15. Said title is further amended by revising subsection (a) of Code Section 17-7-50.1, relating to time for presentment of child's case to a grand jury, as follows:
"(a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-28 15-11-560 or 15-11-30.2 15-11561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 180 day period, not to exceed 90 additional days."
SECTION 4-16. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 17-7-130, relating to proceedings upon a plea of mental incompetency to stand trial, as follows:
"(1) 'Child' means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-28 15-11-560."
SECTION 4-17. Said title is further amended by revising subsection (e) of Code Section 17-10-1, relating to fixing of sentence, as follows:
"(e) In any case involving a felony in which the defendant previously appeared before a juvenile court, the records of the dispositions of the defendant as well as any evidence used in any juvenile court hearing shall be available to the district attorney, the

1516

JOURNAL OF THE HOUSE

defendant, and the superior court judge in determining sentencing as provided in Code Section 15-11-79.1 15-11-703."
SECTION 4-18. Said title is further amended by revising Code Section 17-10-14, relating to committal of person under 17 convicted of a felony, as follows:
"17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsections (b) and (c) subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Juvenile Justice to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections. (b) If a child is transferred to superior court according to subsection (b) of Code Section 15-11-30.2 15-11-561 and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such child to the Department of Corrections. Such child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections. (c) In any case where a child 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-28, such child shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections."
SECTION 4-19. Said title is further amended by revising paragraph (5) of Code Section 17-14-2, relating to definitions regarding restitution, as follows:
"(5) 'Parent' means a person who is the legal mother as defined in paragraph (10.2) of Code Section 15-11-2, the legal father as defined in paragraph (10.1) of Code Section 15-11-2, or the legal guardian. Such term shall not include a foster parent."
SECTION 4-20. Said title is further amended by revising subsection (d) of Code Section 17-15-13, relating to debt to state created, as follows:
"(d) When a child is adjudicated for committing a delinquent act in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the child pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered

THURSDAY, FEBRUARY 28, 2013

1517

may be made a condition of probation as provided in paragraph (2) of subsection (a) of Code Section 15-11-66 15-11-601."
SECTION 4-21. Said title is further amended by revising subsection (c) of Code Section 17-16-2, relating to applicability of rules of discovery, as follows:
"(c) This article shall be deemed to have been automatically invoked, without the written notice provided for in subsection (a) of this Code section, when a defendant has sought discovery pursuant to Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' pursuant to Code Section 15-11-75 Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to the Uniform Rules for the Juvenile Courts of Georgia where such discovery material is the same as the discovery material that may be provided under this article when a written notice is filed pursuant to subsection (a) of this Code section."
SECTION 4-22. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising paragraph (1) of subsection (b) of Code Section 19-7-5, relating to reporting of child abuse, as follows:
"(1) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-111 15-11-681."
SECTION 4-23. Said title is further amended by revising subsection (d) of Code Section 19-7-22, relating to petition for legitimation of a child, as follows:
"(d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28 15-11-11, in the juvenile court of the county in which a deprivation dependency proceeding regarding the child is pending."
SECTION 4-24. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 19-8-10, relating to when surrender or termination of parental rights not required, as follows:
"(4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4), or (5) of subsection (b) (a) of Code Section 15-11-94 15-11-310,"
SECTION 4-25. Said title is further amended by revising subparagraph (a)(3)(D) of Code Section 19-8-11, relating to petitioning superior court to terminate parental rights, as follows:
"(D) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4), or (5) of subsection (b) (a) of Code Section 15-11-94 15-11-310,"

1518

JOURNAL OF THE HOUSE

SECTION 4-26. Said title is further amended by revising subsection (g) of Code Section 19-8-13, relating to petition for adoption, as follows:
"(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where when the adoption is sought under subsection (a) of Code Section 198-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11103 15-11-321, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits."
SECTION 4-27. Said title is further amended by revising Code Section 19-10A-4, relating to no criminal prosecution for leaving a child in the custody of a medical facility, as follows:
"19-10A-4. A mother shall not be prosecuted for the crimes of cruelty to a child, violating Code Section 16-5-70; contributing to the delinquency, unruliness, or deprivation of a child, Code Section 16-12-1; or abandonment of a dependent child, or Code Section 19-10-1, because of the act of leaving her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position, provided that the newborn child is no more than one week old and the mother shows proof of her identity, if available, to the person with whom the newborn is left and provides her name and address."
SECTION 4-28. Said title is further amended by revising Code Section 19-10A-6, relating to reimbursement of medical costs, as follows:
"19-10A-6. A medical facility which accepts for inpatient admission a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility shall notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The Department of Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 1511-47 15-11-145."

THURSDAY, FEBRUARY 28, 2013

1519

SECTION 4-29. Said title is further amended by revising Code Section 19-13-20, relating to definitions regarding family violence shelters, as follows:
"(5) 'Family violence shelter' means a facility approved by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (c) of Code Section 15-11-135 and subsection (a) of Code Section 15-11-48 15-11-504."
SECTION 4-30. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraph (3) of Code Section 20-1A-30, relating to definitions for background checks, as follows:
"(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph."
SECTION 4-31. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 20-2-133, relating to free public instruction, exceptions, eligibility, custody of child, notification of local unit of administration of child's location, transfer and utilization of records, and funding, as follows:
"(b)(1) Any child, except a child in a youth development center secure residential facility as defined in Code Section 15-11-2, as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services, or; in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities,; or in a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as so long as the child is physically present in the school district. A child will shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded

1520

JOURNAL OF THE HOUSE

either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child will shall be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a youth development center secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held."
SECTION 4-32. Said title is further amended by revising subsection (b) of Code Section 20-2-670, relating to requirements for transferring students beyond sixth grade, as follows:
"(b) In lieu of complying with the provision of subsection (a) of this Code section, a transferring student may be admitted on a conditional basis if he or she and his or her parent or legal guardian executes execute a document providing the name and address of the school last attended and authorizing the release of all academic and disciplinary records to the school administration. The parent or guardian shall be notified of the transfer of such records and shall, upon written request made within ten days of such notice, be entitled to receive a copy of such records. Within five days of the receipt of a copy of such records, the parent or guardian may make a written request for and shall be entitled to a hearing before the principal of the school or his or her designee which is the custodian of such records for the purpose of challenging the content of the records. The student or his or her parent or legal guardian shall also disclose on the same document as the release whether the child has ever been adjudicated guilty of the commission of a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-63 15-11-2 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed. Any form document to authorize the release of records which is provided by a school to a transferring student or such student's parent or legal guardian shall include a list of class A designated felony acts or class B designated felony acts. The student or his or her parent or legal guardian shall also disclose on the document whether the student is currently serving a suspension or expulsion from another school, the reason for such discipline, and the term of such discipline. If a student so conditionally admitted is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible, he

THURSDAY, FEBRUARY 28, 2013

1521

or she shall be dismissed from enrollment until such time as he or she becomes so eligible."
SECTION 4-33. Said title is further amended by revising Code Section 20-2-671, relating to transfer students who have committed felony acts, as follows:
"20-2-671. If any school administrator determines from the information obtained pursuant to Code Section 15-11-63 15-11-602 or 20-2-670 or from any other source that a student has committed a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-2, such administrator shall so inform all teachers to whom the student is assigned that they may review the information in the student's file provided pursuant to subsection (b) of Code Section 20-2-670 received from other schools or from the juvenile courts. Such information shall be kept confidential."
SECTION 4-34. Said title is further amended by revising paragraphs (5) and (14) of subsection (c) and subsection (g) of Code Section 20-2-690.2, relating to establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows:
"(5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers juvenile detention facilities as defined in Code Section 49-4A-1;" "(14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10 15-11-38, if such a program has been established." "(g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for unruly children in need of services and possible denial or suspension of a driver's license for a child in accordance with Code Section 40-5-22."
SECTION 4-35. Said title is further amended by revising Code Section 20-2-699, relating to the disposition of children taken into custody, as follows:
"20-2-699. Any person assuming temporary custody of a child pursuant to Code Section 20-2-698 shall immediately deliver the child either to the parent, guardian, or other person having control or charge of the child or to the school from which the child is absent, or if the child is found to have been adjudged a delinquent or unruly, he child or a child in need

1522

JOURNAL OF THE HOUSE

of services, the person shall cause the child to be brought before the probation officer of the county having jurisdiction over such child."
SECTION 4-36. Said title is further amended by revising subsection (d) of Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, as follows:
"(d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 15-11-599, 15-11-602, or 15-11-707 that a student has been convicted of or has been adjudicated to have committed an offense which is a class A designated felony act or class B designated felony act under Code Section 15-11-63 15-11-2, such administrator shall so inform all teachers to whom the student is assigned and other school personnel to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 4-37. Said title is further amended by revising Code Section 20-2-766.1, relating to proceeding against parents for failure to cooperate in educational programs, as follows:
"20-2-766.1. The local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. If the court finds that the parent or guardian has willfully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-5 15-11-31 to enforce any order entered under this Code section."
SECTION 4-38. Said title is further amended by revising subsection (a) of Code Section 20-2-768, relating to expulsion or suspension of students for felonies, as follows:
"(a) Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or having information filed for the commission of any felony or any delinquent act under Code Section 15-11-28 Sections 15-11-602 and 15-11-707 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or the student's parent or legal guardian has the

THURSDAY, FEBRUARY 28, 2013

1523

right to request a hearing pursuant to the procedures provided for in Code Section 20-2754."
SECTION 4-39. Said title is further amended by revising subparagraph (B) of paragraph (1) of Code Section 20-3-660, relating to program of grants for foster children created, as follows:
"(B) The student is currently committed to the Division of Family and Children Services within the Department of Human Services under Code Section 15-11-55 15-11-212 and placed in a family foster home or is placed in accordance with subparagraph (a)(2)(C) of Code Section 15-11-2 15-11-212;"
SECTION 4-40. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by revising subsection (b) of Code Section 24-6-603, relating to oath or affirmation, as follows:
"(b) Notwithstanding the provisions of subsection (a) of this Code section, in all proceedings involving deprivation dependency as defined by Code Section 15-11-2 and in all criminal proceedings in which a child was a victim of or witness to any crime, the child shall be competent to testify, and the child's credibility shall be determined as provided in this chapter."
SECTION 4-41. Said title is further amended by revising subsection (q) of Code Section 24-12-21, relating to disclosure of AIDS confidential information, as follows:
"(q) A public safety agency or prosecuting attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-1166.1 15-11-603, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record."
SECTION 4-42. Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to HIV tests and reports of positive results, is amended by revising subsection (c) as follows:
"(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-66.1 1511-603, 17-10-15, 31-17-4.2, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to

1524

JOURNAL OF THE HOUSE

emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample."
SECTION 4-43. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising subsection (c) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center, as follows:
"(c) The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-82 15-11-702 and 15-11-83 15-11-708. Such records and information shall be sealed or destroyed according to the procedures outlined in Code Sections 15-11-79.2 15-11-701 and 1511-81 15-11-709."
SECTION 4-44. Said title is further amended by revising subparagraph (B) of paragraph (7) and subparagraphs (B) and (B.1) of paragraph (8) of Code Section 35-8-2, relating to definitions regarding peace officers, as follows:
"(B) The Office of Permits and Enforcement of the Department of Transportation, the Department of Juvenile Justice and its institutions and facilities for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said such department or institutions, and the office or section in the Department of Juvenile Justice in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services; and" "(B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services; (B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs;"

THURSDAY, FEBRUARY 28, 2013

1525

SECTION 4-45. Code Section 36-32-10 of the Official Code of Georgia Annotated, relating to jurisdiction in cases of furnishing alcoholic beverages, is amended by revising subsection (e) as follows:
"(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-28 15-11-10."
SECTION 4-46. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (g) of Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows:
"(g) Notwithstanding the provisions of Code Section 15-11-72 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section."
SECTION 4-47. Said title is further amended by revising subsection (l) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, as follows:
"(l) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
SECTION 4-48. Code Section 44-5-41 of the Official Code of Georgia Annotated, relating to voidance and ratification of conveyance to or by a minor, is revised as follows:
"44-5-41. A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable unless such minor has become emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15. If a minor has conveyed property or an interest in property, the minor may void the conveyance upon arrival at the age of 18; and, if the minor makes another conveyance at that time, it will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to a minor and, after arrival at the age of 18, the minor retains the possession or benefit of the property or interest in property, the minor shall have thereby ratified or affirmed the conveyance."

1526

JOURNAL OF THE HOUSE

SECTION 4-49. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising paragraph (7) of Code Section 45-9-81, relating to definitions regarding certain indemnification, as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees who have the duty to investigate and apprehend delinquent and unruly children and any child with a pending juvenile court case alleging the child to be a child in need of services who have has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
SECTION 4-50. Said title is further amended by revising paragraph (7) of Code Section 45-9-101, relating to definitions regarding certain compensation, as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees who have the duty to investigate and apprehend delinquent and unruly children and any child with a pending juvenile court case alleging the child to be a child in need of services who have has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
SECTION 4-51. Said title is further amended by revising subsection (a) of Code Section 45-20-1, relating to purposes and principles of personnel administration, as follows:

THURSDAY, FEBRUARY 28, 2013

1527

"(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will remove unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service as defined in this article, except as provided in Code Section 15-11-24.3 15-11-69. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be employees in the classified service so long as they remain in classified positions or as otherwise provided by law. It is further specifically the intent of the General Assembly that state government operate within a framework of consistent core personnel policies and practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices."
SECTION 4-52. Said title is further amended by revising subsection (a) of Code Section 45-20-6, relating to composition of classified and unclassified service, as follows:
"(a) Any officer or employee who occupied a classified position under the State Personnel Administration prior to July 1, 1996, or as provided in Code Section 15-1124.3 15-11-69 shall remain in the classified service so long as such officer or employee shall remain in a classified position or as otherwise provided by law. Employees in the classified service shall have, upon completing a working test period, appeal rights as provided in Code Sections 45-20-8 and 45-20-9."
SECTION 4-53. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraphs (3), (5), (12), and (16) of Code Section 49-5-3, relating to definitions regarding services for children and youth, as follows:
"(3) 'Child welfare and youth services' means duties and functions authorized or required by this article to be provided by the department with respect to:
(A) Establishment and enforcement of standards for social services and facilities for children and youths which supplement or substitute for parental care and supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation, or delinquency of children and youths; (B) Protecting and caring for deprived dependent children and youths; (C) Protecting and promoting the welfare of children of working mothers;

1528

JOURNAL OF THE HOUSE

(D) Providing social services to children and youths and their parents and care for children and youths born out of wedlock and their mothers; (E) Promotion of coordination and cooperation among organizations, agencies, and citizen groups in community planning, organization, development, and implementation of such services; and (F) Otherwise protecting and promoting the welfare of children and youths, including the strengthening of their homes where possible or, where needed, the provision of adequate care of children and youths away from their homes in foster family homes or day-care or other child care facilities." "(5) 'Dependent Deprived child or youth' means any person so adjudged under Chapter 11 of Title 15." "(12) 'Legal custody' means a legal status created by court order embodying the following rights and responsibilities: (A) The right to have the physical possession of the child; (B) The right and the duty to protect, train, and discipline the child; (C) The responsibility to provide the child with food, clothing, shelter, education, and ordinary medical care; and (D) The right to determine where and with whom the child shall live, provided that these rights and responsibilities shall be exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child and subject to any residual parental rights and responsibilities. These rights shall be subject to judicial oversight and review pursuant to Code Section 15-11-55 15-11212." "(16) 'Protective supervision' means a legal status created by court order following adjudication in a deprivation dependency case, whereby a child's place of abode is not changed but assistance directed at correcting the deprivation dependency is provided through the court or an agency designated by the court."
SECTION 4-54. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 49-5-8, relating to powers and duties of the department, as follows:
"(1) Preventive services as follows: (A) Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and (B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems;
(2) Child welfare services as follows:

THURSDAY, FEBRUARY 28, 2013

1529

(A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency; (B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency; (C) Supervising and providing required services and care involved in the interstate placement of children; (D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother; (E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes; (F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and (G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision;"
SECTION 4-55. Said title is further amended by revising subsection (e) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows:
"(e) Notwithstanding any other provisions of law, with the exception of medical and mental health records made confidential by other provisions of law, child abuse and deprivation dependency records applicable to a child who at the time of his or her fatality or near fatality was:
(1) In the custody of a state department or agency or foster parent; (2) A child as defined in paragraph (3) of Code Section 15-11-171 15-11-741; or (3) The subject of an investigation, report, referral, or complaint under Code Section 15-11-173 15-11-743 shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that any identifying information, including but not limited to the child or caretaker's name, race, ethnicity, address, or telephone numbers and any other information that is privileged or confidential, shall be redacted to preserve the confidentiality of the child, other children in the household, and the child's parents, guardians, custodians, or caretakers. Upon the release of documents pursuant to this subsection, the department may comment publicly on the case."
SECTION 4-56. Said title is further amended by revising paragraph (3) of Code Section 49-5-60, relating to definitions for employee record checks for day-care centers, as follows:

1530

JOURNAL OF THE HOUSE

"(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph."
SECTION 4-57. Said title is further amended by revising paragraph (2) of Code Section 49-5-110, relating to definitions for record checks for persons supervising children, as follows:
"(2) 'Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating to cruelty to children; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph."
SECTION 4-58. Said title is further amended by revising paragraph (2) of Code Section 49-5-131, relating to definitions, as follows:
"(2) 'Child' means a person under the age of 17 years who is alleged to have committed a delinquent act or a person under the age of 18 years who is alleged to be deprived a dependent child or is alleged to be a status offender child in need of services as those terms are defined by Code Section 15-11-2."
SECTION 4-59. Said title is further amended by revising Code Section 49-5-154, relating to the study of youth needs, as follows:
"49-5-154. The governing authority of each participating county shall establish a local advisory group which includes representation from each component of the local children's services systems and other interested parties. The advisory group shall appraise the council on the needs of children and youth in its community giving particular attention to the need for prevention programs and community based services, residential or nonresidential, which would provide an alternative to commitment to or placement or custody in the Department of Juvenile Justice or the Department of Human Services

THURSDAY, FEBRUARY 28, 2013

1531

and placement in a youth development center, foster home, or any other institution any juvenile detention facility as defined in Code Section 49-4A-1. Such appraisal shall be made annually and in writing. The governing authority of the county may request technical assistance from the council in conducting such study."
SECTION 4-60. Said title is further amended by revising paragraphs (15) and (18) of subsection (a) of Code Section 49-5-281, relating to bill of rights for foster parents, as follows:
"(15) The right to participate in the case planning and decision-making process with the Division of Family and Children Services regarding the child as provided in Code Section 15-11-58 15-11-201;" "(18) The right to be notified in advance, in writing, by the Division of Family and Children Services or the court of any hearing or review where the case plan or permanency of the child is an issue, including initial and periodic reviews held by the court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel in accordance with Code Section 15-11-217, hearings following revocation of the license of an agency which has permanent custody of a child in accordance with Code Section 31-2-6, and permanency plan hearings, and motions to extend custody, in accordance with Code Section 15-11-58 in accordance with Code Section 15-11230;"
SECTION 4-61. Code Section 52-7-12 of the Official Code of Georgia Annotated, relating to operation of watercraft while under the influence of alcohol or drugs, is amended by revising subsection (l) as follows:
"(l) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
PART V EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 5-1.
This Act shall become effective on July 1, 2013, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense

1532

JOURNAL OF THE HOUSE

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 adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before July 1, 2013, and shall not act as an abatement of any such prosecutions.

SECTION 5-2. 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Meadows
Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

THURSDAY, FEBRUARY 28, 2013

1533

On the passage of the Bill, by substitute, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 156. By Representatives Neal of the 2nd, Atwood of the 179th, Nix of the 69th, Hitchens of the 161st and Hightower of the 68th:
A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, so as to clarify certain acts amounting to unlawfully seducing, soliciting, luring, or enticing a child through use of a computer online service, Internet service, or similar service, to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, so as to change provisions relating to who may be prosecuted for sexual exploitation of children; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, is amended by revising paragraph (1) of subsection (d) as follows:
"(d)(1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line online service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, on-line online messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or, another person believed by such person to be a child, any person having custody or control of a child, or another person believed by such person to have custody or control of a child to commit any illegal act by, with, or against a child as described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to

1534

JOURNAL OF THE HOUSE

the offense of public indecency, or to engage in any conduct that by its nature is an unlawful sexual offense against a child."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 0.

THURSDAY, FEBRUARY 28, 2013

1535

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

House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334

February 28, 2013

Please vote and record me "yes" on HB 156.

/s/ Dar'shun Kendrick

HB 324. By Representatives Dollar of the 45th, Ramsey of the 72nd, Ehrhart of the 36th and Carter of the 175th:

A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell N Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley

1536

JOURNAL OF THE HOUSE

N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V
Coleman Y Cooke

Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders
Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

N Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 163, nays 9.

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

HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th and others:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; 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 20 of the Official Code of Georgia Annotated, relating to education, so as to update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to

THURSDAY, FEBRUARY 28, 2013

1537

clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-60, relating to consolidation of county schools, as follows:
"20-2-60. The board of education of any county shall have the right, if, in its opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools into one school, to be located by the county board at a place convenient to the pupils attending the consolidated school, the schoolhouse to be located as near the center of the district or districts as practicable."
SECTION 2. Said title is further amended by revising Code Section 20-2-110, relating to offices for county school superintendents, as follows:
"20-2-110. The county authorities of each county shall furnish the county school superintendent thereof an office in the courthouse, provided there is sufficient room in the courthouse after furnishing the county officers with offices as provided by law. Reserved."
SECTION 3. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 20-2-151, relating to general and career education programs, as follows:
"(4)(A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:
(i) The high school education program; and (ii) The vocational career, technical, and agricultural education laboratory program. (B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the vocational laboratory program shall be funded at a higher level than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for the vocational laboratory program."

1538

JOURNAL OF THE HOUSE

SECTION 4. Said title is further amended by revising subsection (h) of Code Section 20-2-154.1, relating to alternative education programs, as follows:
"(h) For the 2000-2001 and 2001-2002 school years, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the sum of the full-time equivalent program count of the middle grades program, the middle school program as defined in Code Section 20-2-290, the high school general education program (grades nine through 12), and the vocational laboratory program (grades nine through 12). For the 2002-2003 school year and thereafter, the amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of students served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the sum of the full-time equivalent program count of the middle grades program, the middle school program as defined in Code Section 20-2290, the high school general education program (grades nine through 12), and the vocational career, technical, and agricultural education laboratory program (grades nine through 12). Funds earned may be expended in kindergarten and in grades one through 12."
SECTION 5. Said title is further amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program, as follows:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational career, technical, and agricultural education laboratory program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; 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

THURSDAY, FEBRUARY 28, 2013

1539

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 fulltime equivalent program counts from the designated date to a requested alternate date."
SECTION 6. Said title is further amended by revising subsection (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, as follows:
"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:
(1) Kindergarten program ............................................................................. 1.6587 1.6508
weight and 1 to 15 ratio
(2) Kindergarten early intervention program ................................................ 2.0496 2.0348
weight and 1 to 11 ratio
(3) Primary grades program (1-3) ................................................................. 1.2855 1.2849
weight and 1 to 17 ratio
(4) Primary grades early intervention program (1-3).................................... 1.8029 1.7931
weight and

1540

JOURNAL OF THE HOUSE

1 to 11 ratio
(5) Upper elementary grades program (4-5) ................................................. 1.0323 1.0355
weight and 1 to 23 ratio
(6) Upper elementary grades early intervention program (4-5).................... 1.7971 1.7867
weight and 1 to 11 ratio
(7) Middle grades program (6-8) .................................................................. 1.0162 weight and 1 to 23 ratio
(8)(7) Middle school program (6-8) as defined in Code Section 20-2-290 .. 1.1213 1.1310
weight and 1 to 20 ratio
(9)(8) High school general education program (9-12) ................................. 1.0000 weight and 1 to 23 ratio
(10)(9) Vocational Career, technical, and agricultural education laboratory 1.1847 program (9-12) ............................................................................................... 1.1916
weight and 1 to 20 ratio
(11)(10) Program for persons with disabilities: Category I....................................................................................................... 2.3940
2.3798 weight and
1 to 8 ratio

THURSDAY, FEBRUARY 28, 2013

1541

(12)(11) Program for persons with disabilities: Category II ..................................................................................................... 2.8156
2.7883 weight and
1 to 6.5 ratio
(13)(12) Program for persons with disabilities: Category III .................................................................................................... 3.5868
3.5493 weight and
1 to 5 ratio
(14)(13) Program for persons with disabilities: Category IV.................................................................................................... 5.8176
5.7509 weight and
1 to 3 ratio
(15)(14) Program for persons with disabilities: Category V ..................................................................................................... 2.4583
2.4511 weight and
1 to 8 ratio
(16)(15) Program for intellectually gifted students: Category VI.................................................................................................... 1.6673
1.6589 weight and
1 to 12 ratio
(17)(16) Remedial education program ......................................................... 1.3128 1.3087
weight and 1 to 15 ratio

1542

JOURNAL OF THE HOUSE

(18)(17) Alternative education program ...................................................... 1.6025 1.4711
weight and 1 to 15 ratio
(19)(18) English for speakers of other languages (ESOL) program ............ 2.5306 2.5049
weight and 1 to 7 ratio"
SECTION 7. Said title is further amended by revising Code Section 20-2-165.1, relating to charter system earnings for each full-time equivalent student, as follows:
"20-2-165.1. In addition to the amounts earned by a charter system pursuant to subsection (b) of Code Section 20-2-161, a charter system shall earn 3.785 percent of the base amount established pursuant to subsection (a) of Code Section 20-2-161 for each full-time equivalent student in each school within the charter system through the end of the term of its charter, which shall not include any renewal term; provided, however, that for any charter system initially approved on and after January 1, 2012, the charter system shall only be eligible to receive a one-time implementation grant, as determined by the State Board of Education, subject to appropriations by the General Assembly."
SECTION 8. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 20-2-167, relating to funding for direct instructional, media centers, and staff development costs, as follows:
"(b)(1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, student services, system administration, staff development, or professional development."

THURSDAY, FEBRUARY 28, 2013

1543

SECTION 9. Said title is further amended by revising Code Section 20-2-181, relating to calculation of program weights to reflect base school size, as follows:
"20-2-181. The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (1-3) early intervention program, the primary grades (1-3) program, the upper elementary grades (4-5) early intervention program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the middle school (6-8) program, the special education programs, the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school vocational career, technical, and agricultural education laboratory program shall reflect a base school size of 970 fulltime equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 full-time equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students."
SECTION 10. Said title is further amended by revising subsections (b), (c), and (g) and paragraphs (1) and (2) of subsection (i) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, as follows:
"(b) The program weights for the primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly. (c) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose at least one school counselor for every 450 full-time equivalent students. Beginning in Fiscal Year 2015 and thereafter, the program weights for the English for speakers of other languages program and the programs for persons with disabilities shall also earn school counselor funding. Further, beginning in Fiscal Year 2016 and thereafter, the program weights for the program for intellectually gifted students and the remedial education program shall also earn school counselor funding. The duties and responsibilities for such school

1544

JOURNAL OF THE HOUSE

counselors shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor's time to be spent counseling or advising students or parents." "(g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials, which shall include, but not be limited to, textbooks and technology, and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly."
"(i)(1) It is the intent of this paragraph to provide a clear expectation to parents and guardians as to the maximum number of students that may be in their child's classroom in kindergarten through eighth grade. Beginning with the 2006-2007 school year, for the following regular education programs, the maximum individual class size for mathematics, science, social studies, and language arts classes shall be:

(A) Kindergarten program (without full-time aide) ...................................

18

(B) Kindergarten program (with full-time aide) ........................................

20

(C) Primary grades program (1-3) .............................................................

21

(D) Upper elementary grades program (4-5) ............................................

28

(E) Middle grades program (6-8) and middle school program (6-8) as

defined in Code Section 20-2-290 ..............................................................

28

For school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only,

the system average maximum class size for each instructional program covered under

this paragraph shall be the same as the maximum individual class size for each such program, and local boards of education shall be considered in compliance with this paragraph so long as the system average maximum class size is not exceeded; provided, however, that if the State Board of Education approves a blanket waiver or variance pursuant to subsection (h) of Code Section 20-2-244, such maximum individual class sizes shall be the system average maximum class sizes for purposes

of this paragraph.

(2) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article except those programs included in paragraph (1) of this subsection the maximum number of students which may be taught by a teacher in an instructional period. For the remedial education, vocational career, technical, and agricultural education laboratory, alternative education, and early intervention programs, the State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided,

THURSDAY, FEBRUARY 28, 2013

1545

however, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program covered under this paragraph, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number; provided, however, that this provision shall not apply to general education programs in mathematics, science, social studies, and language arts for grades 9 through 12. Beginning with the 2007-2008 school year, each local board of education shall be allowed to exceed maximum class sizes set by the state board pursuant to this paragraph for general education programs in mathematics, science, social studies, and language arts for grades 9 through 12 and may establish such maximum class sizes that shall not exceed the funding class size by more than 39 percent and shall annually report to the state board and to each school council in its school system such class sizes established."
SECTION 11. Said title is further amended by revising subsection (a) of Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows:
"20-2-184.1. (a) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes, and additional instructional programs during the regular school day. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level, which may include . Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds."

1546

JOURNAL OF THE HOUSE

SECTION 12. Said title is further amended by revising subsection (b) of Code Section 20-2-186, relating to allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, accountants, nurses, and certain other personnel, as follows:
"(b) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher using a base size of 2,475 fulltime equivalent students, and for costs of operating an administrative office for the certain local school system systems as deemed warranted by the department, and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a local school system using a base size of 2,475 full-time equivalent students, subject to appropriation by the General Assembly; provided, however, that beginning with Fiscal Year 2016, such base size shall be 2,420 full-time equivalent students."
SECTION 13. Said title is further amended by adding a new Code section to read as follows:
"20-2-186.1. Earnings for school psychologists, special education leadership personnel, and school social workers shall be considered indirect costs under a student services category for purposes of calculating the annual allotment of funds to each local school system."
SECTION 14. Said title is further amended by revising subsection (d) of Code Section 20-2-211, relating to annual contracts, disqualifying acts, and job descriptions, as follows:
"(d) Each local school system shall have a job description for each certificated professional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education and within the local school system and the submission of such available positions to a state-wide online job data base maintained by the state. A local board of education may also announce such positions to colleges and universities in other states."

THURSDAY, FEBRUARY 28, 2013

1547

SECTION 15. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 20-2-211.1, relating to clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks, as follows:
"(3) 'Local unit of administration' shall have the same meaning as in Code Section 202-242 and shall also include state chartered special schools and commission state charter schools."
SECTION 16. Said title is further amended by revising Code Section 20-2-214.1, relating to the High Performance Principals program, as follows:
"20-2-214.1. (a) The General Assembly finds that the driving force behind attracting quality teachers to a school and creating a culture of learning and respect in the school environment is the school leadership, and particularly, the school principal. The General Assembly further finds that teachers consider school leadership as one of the most important factors in creating good working conditions in a school environment. The General Assembly further finds that a school with strong leadership and teachers will be the most effective in improving and maintaining the academic success of its students. (b) For purposes of this Code section, the term 'Needs Improvement School' means a school that has not made adequate yearly progress for two or more consecutive years in the same subject, in accordance with the accountability system established pursuant to Article 2 of Chapter 14 of this title. Reserved. (c) The State Board of Education is authorized to establish a grant program to attract proven leaders in school settings to accept positions as principals in secondary schools in this state that have been identified as a Needs Improvement School received unacceptable ratings by the State Board of Education, as defined in state board rules relating to the accountability system. For purposes of this Code section, these individuals shall be known as High Performance Principals. The grant program shall include funding, subject to appropriations by the General Assembly, for grants from the state board to local boards of education for salary supplements for High Performance Principals. (d) The state board is authorized to develop rules and regulations to implement the grant program, including requiring reports, data, or other measures of accountability. The grant program shall provide that the sole criteria for designating and selecting individuals as High Performance Principals shall be data based evidence of the effectiveness of a proposed High Performance Principal in improving a low performing school or in taking an average or excellent performing school to higher achievement within the last five years. Notwithstanding this, the state board shall have the discretion, only in extenuating circumstances, to consider other criteria. The state board shall be authorized to establish and maintain a nonexclusive pool of preapproved

1548

JOURNAL OF THE HOUSE

eligible candidates for High Performance Principals for consideration by local school systems. (e) An individual selected as a High Performance Principal shall be eligible for a oneyear salary supplement, in an amount as determined by the state board and subject to appropriations by the General Assembly. An individual grant shall not exceed $15,000.00 per year and such amount shall be awarded pursuant to state board rule based on the relative recruitment need of that Needs Improvement School school. The local school system may apply for up to two additional school years for renewal of the High Performance Principal designation for an individual, subject to appropriation. An individual selected as a High Performance Principal shall be required to enter into a contract with the local board, in accordance with Code Section 20-2-211, which shall include terms and conditions relating to the designation of High Performance Principal, as required by the state board. An individual shall be required to reimburse the local board for any moneys paid to him or her relating to the High Performance Principal designation if he or she does not comply with the terms of the contract relating to the High Performance Principal designation. (f) The local board shall be required to submit reports, as required by the state board, which quantify the effectiveness of an individual designated as a High Performance Principal and his or her impact on the improvement of the school in the school year in which he or she was designated a High Performance Principal. The state board shall use the data in the reports as the primary factor in evaluating applications for renewal of a High Performance Principal designation, as provided for in subsection (e) of this Code section. (g) Salary supplements received by a High Performance Principal pursuant to this Code section shall not be considered regular or earnable compensation for any purpose. (h) Nothing in this Code section shall prohibit local boards of education from providing additional salary supplements and bonuses to any principal designated as a High Performance Principal."
SECTION 17. Said title is further amended by revising Code Section 20-2-230, relating to staff development programs, as follows:
"20-2-230. (a) All public school officials and professional personnel certificated by the Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration boards of education and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective performance evaluations.

THURSDAY, FEBRUARY 28, 2013

1549

(b)(1) The State Board of Education shall adopt a training program for members of local boards of education by July 1, 2011. The State Board of Education may periodically adopt revisions to such training program as it deems necessary. (2) Within three months of adoption by the State Board of Education of a training program pursuant to paragraph (1) of this subsection, each local board of education and each governing board of other local units of administration shall adopt a training program for members of such boards that includes, at a minimum, such training program and requirements established by the State Board of Education pursuant to paragraph (1) of this subsection. Each local board of education shall incorporate any revisions adopted by the State Board of Education to the training program pursuant to paragraph (1) of this subsection within three months of adoption of such revisions. (3) All local boards of education local units of administration are authorized to pay such board members for attendance at a required training program the same per diem as authorized by local or general law for attendance at regular meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such training, either before or after such board members assume office."
SECTION 18. Said title is further amended by revising paragraph (2) of Code Section 20-2-259, relating to extended day program for students in grades nine through 12, as follows:
"(2) Multiply the amount calculated in paragraph (1) of this Code section by the sum of the full-time equivalent program count for the high school general education program (9-12) and the vocational career, technical, and agricultural education laboratory program (9-12)."
SECTION 19. Said title is further amended by adding a new Code section to read as follows:
"20-2-263. (a) The State Board of Education is authorized to establish a grant program to incentivize the adoption of digital learning using high speed internet connections across Georgia schools. The grant program shall include funding, subject to appropriations by the General Assembly, for grants to local boards of education for the purchase of technology capital, including, but not limited to, desktop computers, network equipment, wireless equipment, and tablet computers. (b) The state board is authorized to develop rules and regulations to implement the grant program, including requiring local school systems to commit to expanding and paying for high speed bandwidth for five years and a plan of use of the bandwidth in each school for instructional purposes. The grant program criteria may take into account the financial need and lack of existing bandwidth of a local school system and any previous grants received by the local board of education pursuant to this Code section."

1550

JOURNAL OF THE HOUSE

SECTION 20. Said title is further amended by revising Code Section 20-2-290, relating to organization of schools, middle school programs, and schedule, as follows:
"20-2-290. (a)(1) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Schools which house grades six, seven, or eight, or any combination thereof, shall qualify for the middle school program for students; provided, however, that such schools also meet all other provisions of this Code section and criteria and standards prescribed by the State Board of Education. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (2)(b) The board of education of any local school system shall be authorized to employ school administrative managers in lieu of or in addition to assistant principals. Such school administrative managers shall not be required to be certificated by the Professional Standards Commission but shall have such qualifications as determined by the local board with a minimum requirement of a bachelor's degree. The duties of school administrative managers shall be to oversee and manage the financial and business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. In the event that a local board considers hiring or utilizing school administrative managers pursuant to this subsection, it shall receive and give all due consideration to recommendations by the school council as to whether or not to utilize such position and as to selection of the manager. Existing employees of the local board shall be eligible to serve as school administrative managers if they meet other qualifications and requirements established by the local board for such position. For purposes of earning funds for such positions, school administrative managers shall be treated in all respects the same as assistant principals.
(b) Local boards of education shall schedule each middle school so as to provide the following:
(1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe; (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes.

THURSDAY, FEBRUARY 28, 2013

1551

(c) Local school systems shall comply with subsection (b) of this Code section in order to qualify for the middle school program. (d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the fulltime equivalent count for the middle school program in qualified middle schools."
SECTION 21. Said title is further amended by revising paragraph (1) of subsection (b), paragraph (5) of subsection (d), and subsection (e) of Code Section 20-2-319.3, relating to the online clearinghouse of interactive distance learning courses, as follows:
"(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 state charter school, as defined in paragraph (2) of Code Section 20-2-2081." "(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 for such course 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 offered by a local school system or a charter school to another local school system or charter school pursuant to this Code section. (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."
SECTION 22. Said title is further amended by revising paragraphs (3) and (4) of Code Section 20-2326, relating to definitions relative to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows:
"(3) 'Chronically low-performing high school' means a public high school in this state that has a graduation rate of less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data, or that has not made adequate

1552

JOURNAL OF THE HOUSE

yearly progress received an unacceptable rating for three consecutive years, as defined by the Office of Student Achievement. (4) 'College and career academy' means a specialized charter school established by a partnership which demonstrates a collaboration between business, industry, and community stakeholders to advance workforce development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions and approved by the State Board of Education in accordance with Article 31 of this chapter or the Georgia State Charter Schools Commission in accordance with Article 31A of this chapter."
SECTION 23. Said title is further amended by revising subsection (c) of Code Section 20-2-690, relating to educational entities and 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 shall provide for written or electronic submittal of such declaration of intent; (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, or 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;

THURSDAY, FEBRUARY 28, 2013

1553

(6)(A) 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 A written or electronic confirmation of attendance shall be submitted annually to the department by the parent or guardian of a child attending a home study program confirming that the child has met the attendance requirements of Code Section 20-2-690.1 for the previous school year. (B) The parent or guardian shall have the authority to execute any document required by law, rule, regulation, or policy to evidence the enrollment of a child in a home study program, the student's full-time or part-time status, the student's grades, or any other required educational information. This shall include, but not be limited to, documents for purposes of verification of attendance by the Department of Public Safety Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-5-22, documents required pursuant to Chapter 2 of Title 39 relating to employment of minors, and any documents required to apply for the receipt of state or federal public assistance. The department may provide for electronic submittal of such records. 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 24. Said title is further amended by revising paragraph (2) of Code Section 20-2-2062, relating to definitions relative to charter schools, as follows:
"(2) 'Charter petitioner' means a local school, local board of education, private individual, private organization, or state or local public entity that submits or initiates a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools. On and after July 1, 2013, a charter for a local charter school, if approved, shall be a three-party agreement between a charter petitioner, a local board of education, and the State Board of Education, and the charter

1554

JOURNAL OF THE HOUSE

petitioner for such local charter school shall be a party other than the local board of education."
SECTION 25. Said title is further amended by revising Code Section 20-2-2063.1, relating to the establishment of the Charter Advisory Committee, as follows:
"20-2-2063.1. (a) The state board shall establish a Charter Advisory Committee to review charter petitions for charter systems for compliance with established standards of the state board, to make recommendations to the state board on charter system policy, and to provide recommendations to the state board regarding charter petitions for charter systems. The committee shall be composed of nine members as follows:
(1) Three members appointed by the chairperson of the state board; (2) Three members appointed by the Lieutenant Governor; and (3) Three members appointed by the Speaker of the House of Representatives. All members shall serve at the pleasure of their respective appointing officials. The committee shall elect a chairperson from among its membership. (b) The committee shall conduct itself in accordance with any rules and guidelines established by the state board with regard to timeframes, procedures, and protocol. (c) The committee shall be authorized to request clarifying information from a charter petitioner for a charter system and to receive input from interested parties on a charter petition. (d) The committee shall: (1) Make recommendations to the state board of approval or denial on each charter petition for a charter system and shall specify the reasons for such recommendations; (2) Periodically make recommendations to the state board regarding charter policy for charter systems; and (3) Make recommendations to the state board on the disbursement of planning grants for charter systems, if funds are made available. (e) The committee shall be authorized to enter into contracts, subject to available funding, with one or more consultants to assist the committee in its duties and if directed to do so by the committee, to do the following: (1) Assist charter petitioners for charter systems in the drafting of their petitions; (2) Assist charter petitioners for charter systems in the design and implementation of innovative education programs and school level governance based on research, model programs, or other credible information; (3) Monitor and assist charter schools and charter systems; and (4) Perform any other functions related to the support of the committee. (f) The committee shall work in cooperation with the Office of Charter School Compliance, as established pursuant to Code Section 20-2-2069. (g) The members of the committee shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties.

THURSDAY, FEBRUARY 28, 2013

1555

(h) The committee shall be assigned to the Department of Education for administrative purposes only, as prescribed in Code Section 50-4-3."
SECTION 26. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 202-2064, relating to approval or denial of a charter petition, as follows:
"20-2-2064. (a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 90 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school, including, but not limited to, a conversion charter for a high school cluster, until such petition:
(1)(A) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (B) Has been freely agreed to, by secret ballot, by a majority of the parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; or (2) If for a high school cluster, has been approved by a majority of the school councils in the high school cluster and has been freely agreed to, by secret ballot, by at least 60 percent of the combined vote of the faculty and instructional staff members of the high school cluster and the parents or guardians of students who reside in the attendance zone of such high school cluster present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. Each school council within the high school cluster shall appoint two representatives to a committee that shall conduct the vote. This subsection shall not apply to a system charter school petitioning to be a conversion charter school. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 90 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c) A system charter school's school council or governing council, as applicable, may petition to become a conversion charter school. The petition shall be submitted to the local board of the charter system in which the school is located. The local board must

1556

JOURNAL OF THE HOUSE

by a majority vote approve or deny a petition no later than 60 90 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial."
SECTION 27. Said title is further amended by revising paragraph (5) and paragraph (7) of subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of Title 20, as follows:
"(5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; provided, however, that if:
(A) A facility used for a charter school is owned or operated by the state, and such facility or equipment purchased or used by the facility meets the safety standards of the state agency that owns or operates such facility; or (B) A facility used for a charter school is owned by a local educational agency and operated utilizing state agency standards, and such facility or equipment purchased or used by the facility meets the safety standards of the state agency with respect to structural soundness and sufficient maintenance, the facility or equipment or both shall be deemed to meet the safety requirements of this paragraph; provided, further, that in no event shall the state or local educational agency owner or operator of a charter school with such facility or equipment be disqualified from eligibility for state grants or for federal grants awarded pursuant to state regulations due to such facility or equipment;" "(7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; provided, however, that a separate audit shall not be required for a charter school if the charter school is included in the local school system audit conducted by the state auditor pursuant to Code Section 50-6-6;"
SECTION 28. Said title is further amended by revising subsection (c) of Code Section 20-2-2067.1, relating to the amendment of terms of charters for charter schools, as follows:
"(c) Each start-up and conversion charter school and each charter system shall submit an annual report outlining the previous year's progress to the authorizing local board or state board, as appropriate; to parents and guardians of students enrolled in the school, or, for a charter system, to parents and guardians of students enrolled in school within the local school system; and to the Department of Education no later than October 1 of each year. The report submitted by a charter system shall include, but not limited to, data on all of its system charter schools. The report shall contain, but is not limited to:
(1) An indication of progress toward the goals as included in the charter; (2) Academic data for the previous year, including state academic accountability data, such as standardized test scores and adequate yearly progress data;

THURSDAY, FEBRUARY 28, 2013

1557

(3) Unaudited financial statements for the fiscal year ending on June 30, provided that audited statements will be forwarded to the local board and state board upon completion; (4) Updated contact information for the school and the administrator, and for charter systems, each system charter school and its respective administrator; (5) Proof of current nonprofit status, if applicable; (6) Any other supplemental information that the charter school or charter system chooses to include or that the state board requests that demonstrates that school or system's success; and (7) For charter systems, an on-site external evaluation of the system at least once every five years, as determined by the state board."
SECTION 29. Said title is further amended by revising Code Section 20-2-2068.2, relating to a facilities fund for charter schools, as follows:
"20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fund for local charter schools, state chartered special schools, and commission state charter schools as defined in Code Section 20-2-2081 for the purpose of establishing a per pupil, need based facilities aid program. (b) A charter school or commission state charter school may receive moneys from the facilities fund if the charter school or commission state charter school has received final approval from the Georgia State Charter Schools Commission or from the state board for operation during that fiscal year. (c) A charter school's or commission state charter school's governing body may use moneys from the facilities fund for the following purposes:
(1) Purchase of real property; (2) Construction of school facilities, including initial and additional equipment and furnishings; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school or commission state charter school; and (5) Renovation, repair, and maintenance of school facilities that the school owns or is purchasing through a lease-purchase or long-term lease of five three years or longer. (d) The Department of Education shall specify procedures for submitting and approving requests for funding under this Code section and for documenting expenditures. (e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district if the local board owns the charter school facility, unless otherwise agreed upon by the petitioner and the local board in the charter. (f)(1) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board

1558

JOURNAL OF THE HOUSE

shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (3) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the commission state charter school and the Georgia State Charter Schools Commission shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the Georgia State Charter Schools Commission in the event the commission state charter school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (h) Each local board of education shall make its unused facilities available to local charter schools. The terms of the use of such a facility by the charter school shall be subject to negotiation between the board and the local charter school and shall be memorialized as a separate agreement. A local charter school that is allowed to use such a facility under such an agreement shall not sell or dispose of any interest in such property without the written permission of the local board. A local charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the local charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board."
SECTION 30. Said title is further amended by adding a new Code section to read as follows:
"20-14-26.1. (a) The office shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. (b) Any nonprofit corporation created pursuant to this Code section shall be subject to the following provisions:
(1) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation;

THURSDAY, FEBRUARY 28, 2013

1559

(2) Upon dissolution of any such nonprofit corporation incorporated by the office, any assets shall revert to the office or to any successor to the office or, failing such succession, to the State of Georgia; (3) As used in this paragraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the office; (4) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (5) The office shall not be liable for the action or omission to act of any such nonprofit corporation; (6) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (7) Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange. (c) Any nonprofit corporation created pursuant to this Code section shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated. Such report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Education and the Senate Education and Youth Committee. Any such nonprofit corporation shall also provide such persons with a copy of all corporate filings with the federal Internal Revenue Service."
SECTION 31. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "guidance counselor" and "guidance counselors" wherever either such term occurs with "school counselor" and "school counselors", respectively:
(1) Code Section 20-2-171, relating to minimum direct classroom expenditures; (2) Code Section 20-2-1000, relating to limitation on civil damages for disciplining students; and (3) Code Section 20-2-1001, relating to limited immunity from criminal liability.
SECTION 32. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

1560

JOURNAL OF THE HOUSE

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A
Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 1.

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

HB 293. By Representatives Rogers of the 29th, Rice of the 95th, Cooper of the 43rd, Powell of the 32nd, Abrams of the 89th and others:

A BILL to be entitled an Act to amend Subpart 5 of Part 3 of Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to tuition equalization grants at private colleges and universities, so as to revise a definition; to provide

THURSDAY, FEBRUARY 28, 2013

1561

that a proprietary institution offering a course of study in nursing which is otherwise qualified as a qualified proprietary institution of higher education except for having not been in existence in this state for a period of at least ten years on January 1, 2011, that is a wholly owned subsidiary of a corporation that operates a proprietary institution of higher education in this state, either directly or through a wholly owned subsidiary corporation, and which is a qualified proprietary institution of higher education shall be considered a qualified proprietary institution of higher education; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

N Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell N Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt N Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal N Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw N Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

1562

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 166, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until tomorrow:
HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others:
A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 244. By Representatives Nix of the 69th, Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise certain provisions relating to annual performance evaluations; to provide for the development of evaluation systems for teachers of record, assistant principals, and principals; to provide for confidentiality and exceptions; to provide for the reporting of certain evaluation results to the Professional Standards Commission; to revise provisions relating to annual contracts; to revise provisions for purposes of conformity; 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 withdrawn:

THURSDAY, FEBRUARY 28, 2013

1563

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 certain provisions relating to annual performance evaluations; to provide for the development of evaluation systems for teachers of record, assistant principals, and principals; to provide for confidentiality and exceptions; to provide for the reporting of certain evaluation results to the Professional Standards Commission; to revise provisions relating to annual contracts; to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, by revising subsection (c) as follows:
"(c) An individual who has received any combination of two unsatisfactory, ineffective, or needs development annual summative performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate, as defined by the commission. Each local school system and charter school shall report all unsatisfactory, ineffective, and needs development ratings of all performance evaluations as provided in 20-2-210 for certificated personnel in their employ in a manner, format, and frequency determined by the commission. The commission is authorized to release such data provided it cannot be personally identifiable to any currently or formerly certificated person."
SECTION 2. Said chapter is further amended by revising Code Section 20-2-210, relating to an annual performance evaluation, as follows:
"20-2-210. (a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential as provided pursuant to subsection (e) of this Code section. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified

1564

JOURNAL OF THE HOUSE

during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The state board shall develop may provide a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. Unless otherwise provided by law, The local units of administration are authorized to use the models developed by the State Board of Education. (b) Annual teacher evaluations shall at a minimum take into consideration the following:
(1) The role of the teacher in meeting the school's student achievement goals, including the academic gains of students assigned to the teacher; (2) Observations of the teacher by the principal and assistant principals during the delivery of instruction and at other times as appropriate; (3) Participation in professional development opportunities and the application of concepts learned to classroom and school activities; (4) Communication and interpersonal skills as they relate to interaction with students, parents, other teachers, administrators, and other school personnel; (5) Timeliness and attendance for assigned responsibilities; (6) Adherence to school and local school system procedures and rules; and (7) Personal conduct while in performance of school duties. (c)(1) In making a determination of the academic gains of the students assigned to a teacher, evaluators should make every effort to have available and to utilize the results of a wide range of student achievement assessments, including those utilized by the teacher, set by the local board of education, or required under this article. It is recognized that in some instances a determination of the academic gains of the students assigned to a teacher is dependent upon student assessments which have not yet been administered at the time of the annual evaluation or, if they have been administered, the results of which are not yet available at the time of the annual evaluation. In such instances, the annual teacher evaluation shall be performed on the basis of information available at the time and shall be considered as the annual evaluation for the purposes of this article. As results of student assessments subsequently become available, an addendum to the annual evaluation shall be completed and become part of the teacher's cumulative evaluative record which may be used in a teacher's subsequent annual evaluations. (1) No later than the 2014-2015 school year, each local school system and all charter schools shall implement an evaluation system as adopted and defined by the State Board of Education for elementary and secondary school teachers of record, assistant principals, and principals. The evaluation system shall be developed by the department in consultation with stakeholders, such as teachers and principals. The evaluation system shall use multiple measures, prioritizing growth in student achievement. For purposes of the evaluation system established pursuant to this subsection, the state board shall define and designate teachers of record, assistant principals, and principals.

THURSDAY, FEBRUARY 28, 2013

1565

(2) Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Beginning with the 2014-2015 school year, teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Evaluation measures shall include the following elements:
(A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards and the principals and assistant principals of elementary or secondary schools that are subject to such assessments, growth in student achievement on such assessments shall count for at least 50 percent of the evaluation, using the student growth and academic achievement measures identified in the evaluation system; (B) For teachers of record who teach courses not subject to annual state assessments, growth in student achievement shall be assessed through measures of student achievement growth developed at the school system level and approved by the Department of Education. When sufficient data becomes available from the department to calculate student achievement growth measures, such measures of student achievement growth shall count for at least 50 percent of the evaluation, using student growth and academic achievement measures developed by the school system in a process approved by the State Board of Education; (C) For teachers of record, the annual evaluation shall also include multiple additional measures that shall be correlated with impacts on student achievement results. These measures shall include multiple classroom observations each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement, including student perception data and documentation of practice; and (D) For assistant principals and principals, the annual evaluation shall also include multiple additional measures that shall be aligned with impacts on student achievement results. These measures shall include multiple school observations each year by appropriately trained and credentialed evaluators. When sufficient data becomes available from the department to calculate performance measures, these measures shall also include the principal's ability to attract and retain highly effective teachers, effectively manage the school, and establish a positive climate for learning, and other measures aligned with student achievement for students in all subgroups. (3) The evaluation system adopted by the State Board of Education shall give every teacher of record, assistant principal, and principal one of four rating levels that are designated as 'Exemplary,' 'Proficient,' 'Needs Development,' or 'Ineffective,' as further defined by the State Board of Education. A rating of 'Ineffective' shall constitute evidence of incompetency as provided by paragraph (1) of subsection (a) of Code Section 20-2-940. (4) All teachers of record, assistant principals, and principals shall have a preevaluation conference, midyear evaluation conference, and a summative evaluation

1566

JOURNAL OF THE HOUSE

conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within five working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. (5) In order to ensure proper implementation of the evaluation system developed pursuant to this Code section, the Department of Education shall:
(A) Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance; (B) Establish processes for roster verification and student teacher linkages in order to assign the student's achievement scores to the teacher for the purposes of evaluating the teacher's performance; (C) Establish minimum training and credentialing requirements for evaluators of teachers and principals; and (D) Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management. (c)(1) Except as otherwise provided in Code Section 20-2-948, local school systems shall base decisions regarding retention, promotion, compensation, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of reductions in force, primarily on the results of the evaluations developed as required by this subsection. Such evaluation results shall also be used to provide high-quality, job embedded, and ongoing mentoring, support, and professional development for teachers, assistant principals, and principals, as appropriate, aligned to the teacher's, assistant principal's, or principal's needs as identified in his or her evaluation. (2) A teacher or other certificated professional personnel's salary increase or bonus that is based in whole or in part on an evaluation which included student assessment results, standardized test scores, or standardized test answers that were falsified by such teacher or professional or known or caused by such teacher or professional to have been falsified shall be automatically forfeited. A teacher or other certificated professional personnel shall forfeit his or her right or interest in such salary increase or bonus and shall be liable for the repayment of any and all amounts previously paid to him or her based, in whole or in part, on the results of falsified student assessment results, falsified standardized test scores, or falsified standardized test answers. (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 by

THURSDAY, FEBRUARY 28, 2013

1567

this Code section. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section.
(e)(1) All records, including surveys and evaluation instruments, associated with individual performance evaluations conducted pursuant to this Code section shall be confidential and not subject to public disclosure. Each local school system and charter school shall report performance data to the Georgia Department of Education in a format approved by the State Board of Education. The department is authorized to release performance data, except to the extent it is personally identifiable to any public school employee. (2) Any current or former public school employee may execute a release authorizing the release of his or her individual performance data to a third party. (3) The department may by agreement share individual data with the Office of Student Achievement for the purposes of improving postsecondary educator preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee. (f) The State Board of Education is authorized to promulgate rules and regulations to carry out the provisions of this Code section. (e) In addition to the evaluation by a trained evaluator provided for in subsection (a) of this Code section, the local school system may require each principal and assistant principal of a school to have his or her performance evaluated annually by the teachers in the school. Such evaluations by teachers shall be confidential, solicited and recorded on an anonymous basis, and made available only to the local school superintendent and the local board of education. Such evaluations shall not be subject to Article 4 of Chapter 18 of Title 50. (f) Any teacher who removes more than two students from his or her total class enrollment in any school year under subsection (b) of Code Section 20-2-738 who are subsequently returned to the class by a placement review committee because such class is the best available alternative may be required to complete professional development to improve classroom management skills, other skills on the identification and remediation of academic and behavioral student needs, or other instructional skills as identified in a plan derived by the principal of the school in consultation with the teacher."
SECTION 3. Said chapter is further amended in Code Section 20-2-211, relating to annual contracts, disqualifying acts, and job descriptions, by revising subsection (b) as follows:
"(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 May 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such

1568

JOURNAL OF THE HOUSE

teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year; provided, however, that for school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, each local governing board shall have until May 15 of the current school year to tender such new contracts or provide such written notice. Such contracts when tendered to each teacher or other professional employee shall be complete in all terms and conditions of the contract, including the amount of compensation to be paid to such teacher or other professional employee during the ensuing school year, and shall not contain blanks or leave any terms and conditions of the contract open. A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, or by May 15 for school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1, or by June 1 for school years 20102011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only."
SECTION 4. Said chapter is further amended in Code Section 20-2-212, relating to salary schedules, by revising subsection (a) as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory or ineffective annual summative performance evaluation or for the second year in which a teacher receives

THURSDAY, FEBRUARY 28, 2013

1569

two consecutive annual summative needs development ratings pursuant to Code Section 20-2-210. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section. For purposes of this subsection, an educator's placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction with completion of an educator leadership preparation program approved by the Professional Standards Commission, unless the educator is employed in a leadership position as defined by the State Board of Education, but shall be placed on the salary schedule position attributable to the educator but for the leadership degree; provided, however, that this shall not apply, regardless of whether or not he or she is in a leadership position, to:
(1) An educator who possessed a leadership degree prior to July 1, 2010; or (2) An educator who possessed:
(A) A master's level leadership degree prior to July 1, 2012; (B) An education specialist level leadership degree prior to July 1, 2013; or (C) A doctoral level leadership degree prior to July 1, 2014, so long as he or she was enrolled in such leadership preparation program on or before April 1, 2009."
SECTION 5. Said chapter is further amended in Code Section 20-2-989.7, relating to matters not subject to complaint, by revising subsection (a) as follows:
"(a) The performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210, and professional development plans, pursuant to Code Section 20-2-210 and job performance shall not be subject to complaint under the provisions of this part. The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5, shall not be subject to complaint under the provisions of this part."
SECTION 6. This Act shall become effective on July 1, 2014, and shall be applicable beginning in school year 2014-2015.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

1570

JOURNAL OF THE HOUSE

The following substitute, offered by the Committee on Rules, 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 certain provisions relating to annual performance evaluations; to provide for the development of evaluation systems for teachers of record, assistant principals, and principals; to provide for confidentiality and exceptions; to provide for the reporting of certain evaluation results to the Professional Standards Commission; to revise provisions relating to annual contracts; to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, by revising subsection (c) as follows:
"(c) An individual who has received any combination of two unsatisfactory, ineffective, or needs development annual summative performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate, as defined by the commission. Each local school system and charter school shall report all unsatisfactory, ineffective, and needs development ratings of all performance evaluations as provided in Code Section 20-2-210 for certificated personnel in their employ in a manner, format, and frequency determined by the commission. The commission is authorized to release such data provided it cannot be personally identifiable to any currently or formerly certificated person."
SECTION 2. Said chapter is further amended by revising Code Section 20-2-210, relating to an annual performance evaluation, as follows:
"20-2-210. (a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential as provided pursuant to subsection (e) of this Code section. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel

THURSDAY, FEBRUARY 28, 2013

1571

who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The state board shall develop may provide a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. Unless otherwise provided by law, The local units of administration are authorized to use the models developed by the State Board of Education. (b) Annual teacher evaluations shall at a minimum take into consideration the following:
(1) The role of the teacher in meeting the school's student achievement goals, including the academic gains of students assigned to the teacher; (2) Observations of the teacher by the principal and assistant principals during the delivery of instruction and at other times as appropriate; (3) Participation in professional development opportunities and the application of concepts learned to classroom and school activities; (4) Communication and interpersonal skills as they relate to interaction with students, parents, other teachers, administrators, and other school personnel; (5) Timeliness and attendance for assigned responsibilities; (6) Adherence to school and local school system procedures and rules; and (7) Personal conduct while in performance of school duties. (c)(1) In making a determination of the academic gains of the students assigned to a teacher, evaluators should make every effort to have available and to utilize the results of a wide range of student achievement assessments, including those utilized by the teacher, set by the local board of education, or required under this article. It is recognized that in some instances a determination of the academic gains of the students assigned to a teacher is dependent upon student assessments which have not yet been administered at the time of the annual evaluation or, if they have been administered, the results of which are not yet available at the time of the annual evaluation. In such instances, the annual teacher evaluation shall be performed on the basis of information available at the time and shall be considered as the annual evaluation for the purposes of this article. As results of student assessments subsequently become available, an addendum to the annual evaluation shall be completed and become part of the teacher's cumulative evaluative record which may be used in a teacher's subsequent annual evaluations. (1) No later than the 2014-2015 school year, each local school system and all charter schools shall implement an evaluation system as adopted and defined by the State Board of Education for elementary and secondary school teachers of record, assistant principals, and principals. The evaluation system shall be developed by the department in consultation with stakeholders, such as teachers and principals. The evaluation system shall use multiple measures, prioritizing growth in student achievement. For purposes of the evaluation system established pursuant to this

1572

JOURNAL OF THE HOUSE

subsection, the state board shall define and designate teachers of record, assistant principals, and principals. (2) Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Beginning with the 2014-2015 school year, teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Evaluation measures shall include the following elements:
(A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards and the principals and assistant principals of elementary or secondary schools that are subject to such assessments, growth in student achievement on such assessments shall count for at least 50 percent of the evaluation, using the student growth and academic achievement measures identified in the evaluation system; (B) For teachers of record who teach courses not subject to annual state assessments, growth in student achievement shall be assessed through measures of student achievement growth developed at the school system level and approved by the Department of Education. When sufficient data becomes available from the department to calculate student achievement growth measures, such measures of student achievement growth shall count for at least 50 percent of the evaluation, using student growth and academic achievement measures developed by the school system in a process approved by the State Board of Education; (C) For teachers of record, the annual evaluation shall also include multiple additional measures that shall be correlated with impacts on student achievement results. These measures shall include multiple classroom observations each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement, including student perception data and documentation of practice; and (D) For assistant principals and principals, the annual evaluation shall also include multiple additional measures that shall be aligned with impacts on student achievement results. These measures shall include multiple school observations each year by appropriately trained and credentialed evaluators. When sufficient data becomes available from the department to calculate performance measures, these measures shall also include the principal's ability to attract and retain highly effective teachers, effectively manage the school, and establish a positive climate for learning, and other measures aligned with student achievement for students in all subgroups. (3) The evaluation system adopted by the State Board of Education shall give every teacher of record, assistant principal, and principal one of four rating levels that are designated as 'Exemplary,' 'Proficient,' 'Needs Development,' or 'Ineffective,' as further defined by the State Board of Education. A rating of 'Ineffective' shall constitute evidence of incompetency as provided by paragraph (1) of subsection (a) of Code Section 20-2-940.

THURSDAY, FEBRUARY 28, 2013

1573

(4) All teachers of record, assistant principals, and principals shall have a preevaluation conference, midyear evaluation conference, and a summative evaluation conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within five working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. (5) In order to ensure proper implementation of the evaluation system developed pursuant to this Code section, the Department of Education shall:
(A) Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance; (B) Establish processes for roster verification and student teacher linkages in order to assign the student's achievement scores to the teacher for the purposes of evaluating the teacher's performance; (C) Establish minimum training and credentialing requirements for evaluators of teachers and principals; and (D) Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management. (c)(1) Except as otherwise provided in Code Section 20-2-948, local school systems shall base decisions regarding retention, promotion, compensation, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of reductions in force, primarily on the results of the evaluations developed as required by this subsection. Such evaluation results shall also be used to provide high-quality, job embedded, and ongoing mentoring, support, and professional development for teachers, assistant principals, and principals, as appropriate, aligned to the teacher's, assistant principal's, or principal's needs as identified in his or her evaluation. (2) A teacher or other certificated professional personnel's salary increase or bonus that is based in whole or in part on an evaluation which included student assessment results, standardized test scores, or standardized test answers that were falsified by such teacher or professional or known or caused by such teacher or professional to have been falsified shall be automatically forfeited. A teacher or other certificated professional personnel shall forfeit his or her right or interest in such salary increase or bonus and shall be liable for the repayment of any and all amounts previously paid to him or her based, in whole or in part, on the results of falsified student assessment results, falsified standardized test scores, or falsified standardized test answers.

1574

JOURNAL OF THE HOUSE

(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 by this Code section. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section.
(e)(1) All records, including surveys and evaluation instruments, associated with individual performance evaluations conducted pursuant to this Code section shall be confidential and not subject to public disclosure. Each local school system and charter school shall report performance data to the Georgia Department of Education in a format approved by the State Board of Education. The department is authorized to release performance data, except to the extent it is personally identifiable to any public school employee. (2) Any current or former public school employee may execute a release authorizing the release of his or her individual performance data to a third party. (3) The department may by agreement share individual data with the Office of Student Achievement for the purposes of improving postsecondary educator preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee. (f) The State Board of Education is authorized to promulgate rules and regulations to carry out the provisions of this Code section. (e) In addition to the evaluation by a trained evaluator provided for in subsection (a) of this Code section, the local school system may require each principal and assistant principal of a school to have his or her performance evaluated annually by the teachers in the school. Such evaluations by teachers shall be confidential, solicited and recorded on an anonymous basis, and made available only to the local school superintendent and the local board of education. Such evaluations shall not be subject to Article 4 of Chapter 18 of Title 50. (f) Any teacher who removes more than two students from his or her total class enrollment in any school year under subsection (b) of Code Section 20-2-738 who are subsequently returned to the class by a placement review committee because such class is the best available alternative may be required to complete professional development to improve classroom management skills, other skills on the identification and remediation of academic and behavioral student needs, or other instructional skills as identified in a plan derived by the principal of the school in consultation with the teacher."
SECTION 3. Said chapter is further amended in Code Section 20-2-211, relating to annual contracts, disqualifying acts, and job descriptions, by revising subsection (b) as follows:
"(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 May 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards

THURSDAY, FEBRUARY 28, 2013

1575

Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year; provided, however, that for school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, each local governing board shall have until May 15 of the current school year to tender such new contracts or provide such written notice. Such contracts when tendered to each teacher or other professional employee shall be complete in all terms and conditions of the contract, including the amount of compensation to be paid to such teacher or other professional employee during the ensuing school year, and shall not contain blanks or leave any terms and conditions of the contract open. A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, or by May 15 for school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1, or by June 1 for school years 20102011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only."
SECTION 4. Said chapter is further amended in Code Section 20-2-212, relating to salary schedules, by revising subsection (a) as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and

1576

JOURNAL OF THE HOUSE

years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory or ineffective annual summative performance evaluation or for the second year in which a teacher receives two consecutive annual summative needs development ratings pursuant to Code Section 20-2-210. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section. For purposes of this subsection, an educator's placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction with completion of an educator leadership preparation program approved by the Professional Standards Commission, unless the educator is employed in a leadership position as defined by the State Board of Education, but shall be placed on the salary schedule position attributable to the educator but for the leadership degree; provided, however, that this shall not apply, regardless of whether or not he or she is in a leadership position, to:
(1) An educator who possessed a leadership degree prior to July 1, 2010; or (2) An educator who possessed:
(A) A master's level leadership degree prior to July 1, 2012; (B) An education specialist level leadership degree prior to July 1, 2013; or (C) A doctoral level leadership degree prior to July 1, 2014, so long as he or she was enrolled in such leadership preparation program on or before April 1, 2009."
SECTION 5. Said chapter is further amended in Code Section 20-2-989.7, relating to matters not subject to complaint, by revising subsection (a) as follows:
"(a) The performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210, and professional development plans, pursuant to Code Section 20-2-210 and job performance shall not be subject to complaint under the provisions of this part. The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5, shall not be subject to complaint under the provisions of this part."
SECTION 6. This Act shall become effective on July 1, 2014, and shall be applicable beginning in school year 2014-2015.

THURSDAY, FEBRUARY 28, 2013

1577

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, by substitute.

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

Y Abrams Y Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell N Bennett
Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming N Floyd Y Fludd Y Frazier N Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley N Greene Y Gregory

Y Hamilton N Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

N McCall Y Meadows Y Mitchell Y Morgan Y Morris N Mosby E Murphy Y Neal N Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall N Rice Y Riley N Roberts Y Rogers, C Y Rogers, T Y Rutledge N Rynders N Scott Y Setzler Y Sharper N Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 21.

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

1578

JOURNAL OF THE HOUSE

House of Representatives Coverdell Legislative Office Building
Room 508 Atlanta, GA 30334
February 28, 2013
Dear Mr. Clerk,
I would like my vote for HB 244 to be changed to a yes please. If there is anything else I need to do, please let me know.
Sincerely,
/s/ Jason Shaw State Representative District 176
HB 327. By Representatives Coleman of the 97th, Dudgeon of the 25th, England of the 116th, Dickson of the 6th, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Flexibility and Accountability Act for Student Achievement"; to provide for legislative intent; to categorize each school system as a Category 1, Category 2, or Category 3 school system; to establish requirements; to provide for specified flexibility and accountability for Category 1 school systems; to provide for full flexibility for Category 2 school systems; to provide for Category 3 school systems as charter systems; to provide for statutory construction; to provide for grants; to provide for mediation; to provide for rules and regulations; to revise provisions relating to waivers to improve student performance; 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 enact the "Flexibility and Accountability Act for Student Achievement"; to provide for legislative intent; to provide for definitions; to categorize each school system as a Category 1, Category 2, or Category 3 school

THURSDAY, FEBRUARY 28, 2013

1579

system; to establish requirements; to provide for specified flexibility and accountability for Category 1 school systems; to provide for full flexibility for Category 2 school systems; to provide for Category 3 school systems as charter systems; to provide for statutory construction; to provide for grants; to provide for mediation; to provide for rules and regulations; to revise provisions relating to waivers to improve student performance; to revise provisions relating to waiver of provisions for charter 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 by repealing Article 4, relating to increased flexibility for local school systems, and inserting in lieu thereof the following:
"ARTICLE 4
20-2-80. This article shall be known and may be cited as the 'Flexibility and Accountability Act for Student Achievement.'
20-2-81. The General Assembly finds that the state's current flexibility options should be streamlined and synthesized to form a more cohesive state-wide flexibility and accountability structure. The General Assembly has determined that the state should focus its efforts on supporting struggling schools and school systems, while allowing successful schools and school systems the flexibility to continue their efforts unfettered by state oversight.
20-2-82. For purposes of this article, the term:
(1) 'Category 1 school system' or 'strategic school system' means a local school system which does not meet the criteria of a Category 2 school system and has not elected to become a Category 3 school system. (2) 'Category 2 school system' or 'high performing school system' means a local school system which:
(A) Has a school system rating greater than or equal to 80; and (B)(i) Has at least 90 percent of its schools with a school rating greater than or equal to 80, or for school systems with fewer than ten schools, no more than one school with a school rating of less than 80; or (ii) Demonstrates significant growth through a CCRPI growth score.
(3) 'Category 3 school system' or 'charter system' means a local school system which has become a charter system pursuant to Code Section 20-2-2063.2.

1580

JOURNAL OF THE HOUSE

(4) 'CCRPI' means the College and Career Ready Performance Index established by the State Board of Education for purposes of determining individual school and school system ratings in accordance with Code Section 20-14-33. (5) 'Rating' means the individual school and school system ratings determined annually by the Office of Student Achievement pursuant to Code Section 20-14-33 and based on the CCRPI. (6) 'State board' means the State Board of Education.
20-2-83. (a)(1) Beginning in school year 2015-2016, each local school system shall be categorized as a Category 1, Category 2, or Category 3 school system pursuant to school system ratings determined in accordance with this article. (2) Initial school system ratings shall be based on the higher of: (A) A two-year average of CCRPI scores for each school system, based on the 2012-2013 and 2013-2014 CCRPI for individual schools and averaged to determine the school system rating; or (B) The most recent CCRPI overall score for the school system. (3) Subsequent ratings shall be based on the higher of: (A) A three-year average of CCRPI scores for each school system, based on the previous three years CCRPI for individual schools and averaged to determine the school system rating; or (B) The most recent CCRPI overall score for the school system.
(b) A Category 1 or Category 2 school system may elect, at any time, to seek a charter with the state board to establish the local school system as a charter system in accordance with Code Section 20-2-2063.2 and become a Category 3 school system. (c) On and after July 1, 2013, a school system that has a contract with the state board which was executed pursuant to the provisions of this article as they existed on June 30, 2013, shall be entitled to continue to be subject to the rights and responsibilities contained in the contract between such school system and the state board through the expiration of the contract term; provided, however, that the state board may extend the term of any such contract to June 30, 2015, if the initial term of the contract expires between June 30, 2013, and such date; provided, further, that notwithstanding the provisions of Code Section 20-2-84 as it existed on June 30, 2013, consequences for noncompliance shall not be imposed until the end of the five-year term of the contract, and in imposing any such consequences, the state board shall take into consideration the upcoming placement of such school system into a Category 1, Category 2, or Category 3 school system beginning July 1, 2015. Upon termination or expiration of any such contract and extension, if applicable, such school system shall be subject to the provisions of this article with respect to Category 1, Category 2, and Category 3 school systems. Any such school system may elect to convert to a Category 1, Category 2, or Category 3 school system, as appropriate, in accordance with this article, prior to the expiration of its contract if approved by the state board.

THURSDAY, FEBRUARY 28, 2013

1581

20-2-84. (a) A Category 1 school system, in its discretion, shall:
(1) Request increased flexibility and be subject to increased accountability by submitting a waiver request and strategic plan to the state board in accordance with this Code section; or (2) Remain subject to all education laws, rules, regulations, and policies, including accountability requirements. (b) In order to receive increased flexibility pursuant to paragraph (1) of subsection (a) of this Code section, a school system shall articulate in a strategic plan how the requested waivers will enable the school system to make progress toward specific goals relating to student achievement outcomes. The strategic plan shall include proposed performance goals and performance measures and benchmarks for evaluating improvement and achievement and monitoring progress toward student achievement outcomes. The school system may request varied flexibility and accountability measures for schools or groups of schools, upon approval by the state board. A Category 1 school system which has been granted a waiver by the state board pursuant to Code Section 20-2-244 which is in effect on June 30, 2015, shall include such waiver in its flexibility request submitted pursuant to this Code section. A Category 1 school system which receives increased flexibility pursuant to paragraph (1) of subsection (a) of this Code section shall be subject to strong oversight and monitoring from the Department of Education to ensure: (1) The implementation of the strategic plan; (2) The appropriate use of the increased flexibility; and (3) Improved local capacity. (c) The state board shall have the authority to approve or deny the proposed flexibility requested pursuant to this Code section. In the event that the state board denies the proposed flexibility, the local board of education shall work with the department for further revisions to its strategic plan and waiver request and resubmission to the state board. (d) A Category 1 school system that receives increased flexibility pursuant to this Code section shall retain such flexibility for a period of three years, regardless of subsequent school system ratings within the three-year period, unless: (1) The school system does not adhere to its strategic plan, in which case, flexibility may be revoked but oversight and monitoring by the Department of Education will continue; or (2) During its three-year term, the school system attains the criteria of a Category 2 school system, in which case, it may elect, in accordance with state board rules, to become a Category 2 school system and avail itself of the automatic exemptions provided for in Code Section 20-2-84.1. (e) Except as otherwise provided by Code Section 20-2-84.2, the state board shall be authorized to waive for Category 1 school systems the provisions of this title and specifically identified rules, regulations, policies, and procedures relating to schools; provided, however, that the state board shall be authorized to waive the following

1582

JOURNAL OF THE HOUSE

provisions only upon a determination that the school system's strategic plan includes high standards of achievement:
(1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; provided, however, that this shall not include expenditure requirements relating to school nurses pursuant to paragraph (5) of subsection (a) of Code Section 20-2-186; (3) Certification requirements in Code Section 20-2-200; and (4) Salary schedule requirements in Code Section 20-2-212.
20-2-84.1. (a) A Category 2 school system shall be automatically exempt from the provisions of this title and rules, regulations, policies, and procedures relating to schools, except as otherwise provided by Code Section 20-2-84.2. (b) A Category 2 school system shall retain such exemption for a period of three years, regardless of whether the school system continues to meet the criteria to be a Category 2 school system. Upon expiration of three years, the school system shall be subject to categorization based upon its current school system rating.
20-2-84.2. (a) All Category 1 and Category 2 school systems shall be subject to:
(1) Federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (2) Laws relating to unlawful conduct in or near a public school; (3) The provisions of Part 3 of Article 2 of Chapter 14 of this title; (4) The reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (5) The requirement that a local board of education shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; (6) The provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection; (7) The provisions of Code Section 20-2-211.1, relating to fingerprint and criminal background checks; (8) The provisions of subsection (c) of Code Section 20-2-327, relating to individual graduation plans; (9) The expenditure requirements relating to school nurses pursuant to paragraph (5) of subsection (a) of Code Section 20-2-186; and (10) The annual performance evaluation requirements in Code Section 20-2-210. (b) All Category 3 school systems shall be subject to the provisions of Code Section 20-2-2065.

THURSDAY, FEBRUARY 28, 2013

1583

(c) All Category 1, Category 2, and Category 3 school systems shall be subject to periodic verification and inspection by the Department of Education and the Office of Student Achievement to confirm that such school systems are complying with the requirements of this article and any flexibility and accountability measures approved by the state board pursuant to this article or Code Section 20-2-2063.2.
20-2-84.3. (a) Nothing in this article shall preclude the establishment of a charter school or the conversion of an existing school to a charter school within a Category 1 or Category 2 school system. (b) Nothing in this article shall be construed to waive any obligations a local school system or the state board has with respect to any grant agreement or any federal reporting or monitoring requirements.
20-2-84.4. Subject to appropriations, the state board may establish one or more grant programs, subject to funding criteria established by the state board, which may include, but not be limited to:
(1) Providing for innovation grants to assist school systems in implementing innovative practices pursuant to this article; and (2) Providing for grants to Category 2 and Category 3 school systems to mentor Category 1 school systems in attaining specific goals relating to student achievement outcomes.
20-2-84.5. The Department of Education shall identify and make recommendations for additional accountability and improvement measures for schools and school systems that are not performing adequately to the Governor, President of the Senate, Speaker of the House of Representatives, and chairpersons of the Senate Education and Youth Committee and the House Committee on Education no later than December 31, 2013.
20-2-84.6. (a) The Governor and the State School Superintendent shall each designate a member of their respective staffs to be authorized to jointly mediate between the state board and a local board of education in the event that such parties cannot agree on the parameters of any waiver granted pursuant to this article or pursuant to Code Section 20-2-2063.2, for a Category 3 school system. (b) Such designees shall report annually to the General Assembly, no later than December 31 of each year, on the matters brought to such designees' attention and the resolution of such matters. 20-2-84.7. The state board shall establish rules, regulations, and guidelines to effect the implementation of this article."

1584

JOURNAL OF THE HOUSE

SECTION 2. Said chapter is further amended by revising paragraph (2) of subsection (a) and paragraph (1) of subsection (b) of Code Section 20-2-211.1, relating to clearance certificates issued by the Professional Standards Commission, as follows:
"(2) 'Educator' means a teacher, school or school system administrator, or other education personnel who would, if not exempted pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract as a Category 1 or Category 2 school system under Article 4 of this chapter, be required to hold a professional educator certificate, license, or permit issued by the Professional Standards Commission and persons who have applied for but have not yet received such a certificate, license, or permit." "(b)(1) On and after January 1, 2011, all educators employed by a local unit of administration shall hold a valid clearance certificate; provided, however, that an educator who possesses a professional educator certificate as of January 1, 2011, shall not be required to obtain a clearance certificate until his or her professional educator certificate is up for renewal. A local unit of administration may employ an educator who does not already hold a valid clearance certificate, provided the individual has applied for a clearance certificate, for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check and issuance of the clearance certificate. The requirements of this Code section shall be in addition to professional educator certificate requirements unless such educator is employed by a school which is exempt from teacher certification requirements pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract as a Category 1 or Category 2 school system under Article 4 of this chapter."
SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows:
"20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. It is the intent of the General Assembly that the authority under this Code section is supplemental to the authority to grant waivers to Category 1, Category 2, and Category 3 school systems pursuant to Article 4 of this chapter, and that this authority is intended to be utilized only when special circumstances warrant, as determined by the state board. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-

THURSDAY, FEBRUARY 28, 2013

1585

2-211.1; or the requirements in subsection (c) of Code Section 20-2-327; or the annual performance evaluation requirements in Code Section 20-2-210. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools, as charter schools are afforded flexibility pursuant to Articles 31 and 31A of this chapter. (d) The board shall require a written application for a waiver that shall include, at a minimum:
(1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July 1, 2008, except as provided for in subsection (h) of this Code section, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class size requirements pursuant to this Code

1586

JOURNAL OF THE HOUSE

section on and after July 1, 2008, in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; or (4) Salary schedule requirements in Code Section 20-2-212. A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract receiving flexibility pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract flexibility request. (h) The State Board of Education shall be authorized to provide a blanket waiver or variance of the class size requirements in Code Section 20-2-182 for all local school systems for a specified school year in the event that a condition of financial exigency occurs, as determined by the state board. For purposes of this subsection, 'financial exigency' means circumstances which cause a shortfall in state appropriations and local revenue for operation of local school systems as compared with projected expenditures over the same period and such shortfall would have a material adverse effect on the operation of public schools. Subsections (c) and (f) of this Code section shall not apply to blanket waivers or variances issued pursuant to this subsection."
SECTION 4. Said chapter is further amended by revising Code Section 20-2-2063.2, relating to charter systems, as follows:
"20-2-2063.2. (a) The state board shall be authorized to enter into a charter with a local board to establish a local school system as a charter system. (b) A local board seeking to create a charter system must submit a petition to the state board. Prior to submitting such petition, the local board shall:
(1) Adopt a resolution approving the proposed charter system petition; (2) Conduct at least two public hearings and provide notice of the hearings in the same manner as other legal notices of the local board; and (3) Send a notice to each principal within the local school system of the hearings with instructions that each school shall distribute the notice to faculty and instructional staff members and to the parent or guardian of each student enrolled in the school. The local board may revise its proposed charter system petition, upon resolution, as a result of testimony at the public hearings or for other purposes. (c) Prior to approval or denial of a charter petition for a charter system, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. The state board shall approve the charter if the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and

THURSDAY, FEBRUARY 28, 2013

1587

procedures promulgated pursuant to Code Section 20-2-2063 and the provisions of this title, is in the public interest, and promotes school level governance. (d) All schools within an approved charter system shall be system charter schools except as otherwise provided in subsections (f) and (g) of this Code section.
(e)(1) Subject to appropriations by the General Assembly or other available funding, the state board, after receiving input and recommendations from the Charter Advisory Committee, shall disburse planning grants to local school systems which desire to become charter systems. Such grants will be disbursed in accordance with any applicable guidelines, policies, and requirements established by the state board. (2) Subject to specific appropriations by the General Assembly for this purpose, the state board shall disburse implementation grants in the amount of $125,000.00 or such other amount as determined by the state board to each charter system. The state board shall be authorized to approve up to five petitions for charter systems during fiscal year 2008, and may approve up to a maximum number of petitions in following years as may be established pursuant to board rules and as subject to availability of funding for implementation grants. (f) A system charter school shall not be precluded from petitioning to become a conversion charter school, in accordance with Code Section 20-2-2064, not subject to the terms of the system charter. In the event a system charter school becomes a conversion charter school, the system charter shall be amended to reflect that such school is no longer bound by the system charter. (g) An existing conversion or start-up charter school within a local school system which is petitioning to become a charter system shall have the option of continuing under its own existing charter, not subject to the terms of the system charter, or of terminating its existing charter, upon agreement by the local board and state board, and becoming subject to the system charter as a charter system school. (h) On and after July 1, 2015, charter systems shall be designated as Category 3 school systems pursuant to Article 4 of this chapter."
SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of Title 20, as follows:
"(b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school;

1588

JOURNAL OF THE HOUSE

(3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection; (12) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks; and (13) Subject to the provisions of subsection (c) of Code Section 20-2-327 relating to individual graduation plans; and (14) Subject to the provisions of Code Section 20-2-210 relating to annual performance evaluations."

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

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M

THURSDAY, FEBRUARY 28, 2013

1589

Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 174, nays 1.

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

Representative Parsons of the 44th moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Energy, Utilities & Telecommunications:

HB 176. By Representatives Parsons of the 44th, Abrams of the 89th, Smith of the 134th, Dudgeon of the 25th, Martin of the 49th and others:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as change certain provisions applicable to counties and municipal corporations related to advanced broadband collocation; to provide for a short title; to provide for definitions; to make changes related to streamlined processing; to standardize certain procedures related to new wireless facilities; to place limitations on the time allowed for the review of new wireless facilities; to limit fees

1590

JOURNAL OF THE HOUSE

charged for review of wireless facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 533. By Representatives Smith of the 70th, Williams of the 119th, Nimmer of the 178th, Epps of the 144th, Fleming of the 121st and others:
A RESOLUTION recognizing and commending the Oconee District on being named the State Forestry Commission 2012 District of the Year and inviting them to appear before the House of Representatives; and for other purposes.
HR 534. By Representatives Wilkerson of the 38th, Smith of the 41st, Evans of the 42nd, Teasley of the 37th, Bruce of the 61st and others:
A RESOLUTION recognizing and commending the Osborne High School Junior ROTC Raider Team on their national championship win and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 535. By Representatives Wilkinson of the 52nd, Harrell of the 106th, Geisinger of the 48th, Willard of the 51st, Lindsey of the 54th and others:
A RESOLUTION recognizing and commending St. Jude the Apostle Catholic School on the occasion of its 50th anniversary; and for other purposes.
HR 536. By Representatives Dickey of the 140th, Holmes of the 129th and Peake of the 141st:
A RESOLUTION commending Moira Hester, Mary Persons High School's 2013 STAR Student; and for other purposes.
HR 537. By Representatives Dickey of the 140th, Holmes of the 129th and Peake of the 141st:

THURSDAY, FEBRUARY 28, 2013

1591

A RESOLUTION commending David Meeks, Mary Persons High School's 2013 STAR Teacher; and for other purposes.
HR 538. By Representatives Maxwell of the 17th and Braddock of the 19th:
A RESOLUTION recognizing and commending Cole D. Golden; and for other purposes.
HR 539. By Representatives Burns of the 159th and Parrish of the 158th:
A RESOLUTION honoring Robert A. Reeves, Sr., upon the occasion of his retirement; and for other purposes.
HR 540. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, England of the 116th, Roberts of the 155th and others:
A RESOLUTION congratulating Bulloch Fertilizer Company on 50 years of successful business; and for other purposes.
HR 541. By Representatives Howard of the 124th, Murphy of the 127th, Frazier of the 126th and Smith of the 125th:
A RESOLUTION recognizing and commending Bryant Allen; and for other purposes.
HR 542. By Representatives Rice of the 95th, Jacobs of the 80th, Wilkinson of the 52nd, Henson of the 86th and Taylor of the 79th:
A RESOLUTION recognizing and commending Jewish War Veterans Post 112; and for other purposes.
HR 543. By Representatives Cooper of the 43rd and Dollar of the 45th:
A RESOLUTION recognizing and commending the Sunrise Program at Sope Creek Elementary School; and for other purposes.
HR 544. By Representatives Fludd of the 64th, Drenner of the 85th and Bruce of the 61st:
A RESOLUTION recognizing Dr. Steven D. Olson for facilitating a Leadership Development and Team Building Workshop; and for other purposes.

1592

JOURNAL OF THE HOUSE

HR 545. By Representatives Fludd of the 64th, Drenner of the 85th and Bruce of the 61st:
A RESOLUTION recognizing Mr. Rob Williams for facilitating a Leadership Development and Team Building Workshop; and for other purposes.
HR 546. By Representative Gardner of the 57th:
A RESOLUTION commending the American Red Cross and proclaiming March, 2013, American Red Cross Month in Georgia; and for other purposes.
Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 52 Do Pass, by Substitute
Respectfully submitted, /s/ Yates of the 73rd
Chairman
Representative Parsons of the 44th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Energy, Utilities, and Telecommunications has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 282 Do Pass, by Substitute
Respectfully submitted, /s/ Parsons of the 44th
Chairman

THURSDAY, FEBRUARY 28, 2013

1593

Representative Smith of the 134th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 229 HB 389 HB 458

Do Pass, by Substitute Do Pass Do Pass

HB 375 HB 395 HR 389

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

Respectfully submitted, /s/ Smith of the 134th
Chairman

Representative Jacobs of the 80th District, Vice-Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 1 HB 289 HB 434

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

HB 215 HB 382 HB 468

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

Respectfully submitted, /s/ Jacobs of the 80th
Vice-Chairman

Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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

1594

JOURNAL OF THE HOUSE

HB 276 Do Pass, by Substitute HB 381 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 70th
Chairman
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 487 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
Representative Neal of the 2nd District, Chairman of the Committee on State Properties, submitted the following report:
Mr. Speaker:
Your Committee on State Properties has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 482 Do Pass, by Substitute HB 495 Do Pass, by Substitute
Respectfully submitted, /s/ Neal of the 2nd
Chairman
Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:

THURSDAY, FEBRUARY 28, 2013

1595

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

HB 486 HB 494 HR 46

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

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

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 69 HB 164 HB 197 HB 272 HB 359

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

HB 159 HB 193 HB 250 HB 304 HB 371

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

Respectfully submitted, /s/ Channell of the 120th
Chairman

Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.

The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.

1596

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Friday, March 1, 2013

Twenty-Seventh Legislative Day

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

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

Alexander E Allison
Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell E Bennett Bentley Benton E Black Braddock Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M E Carson Carter Casas Chandler Chapman Cheokas Clark, J Clark, V Coleman Cooke

Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo E Duncan Dutton E Ehrhart England Epps, J Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Gregory

Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Hugley Jackson Jasperse Jones, J Jones, L Jones, S Jordan Kaiser Kelley Kidd Kirby Lindsey Lumsden Mabra Marin Martin Maxwell Mayo

McCall Meadows Mitchell Mosby E Murphy Neal Nimmer Nix Oliver Pak Parrish Parsons Peake Pezold Powell, A E Powell, J Pruett Quick Ramsey Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sheldon E Sims, B Smith, E

Smith, L Smith, M Smith, R Spencer Stephens, M E Stephens, R E Stephenson Stovall Strickland Talton E Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Weldon E Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Abrams of the 89th, Beverly of the 143rd, Channell of the 120th, Dickerson of the 113th, Fullerton of the 153rd, Howard of the 124th, Kendrick of the 93rd, Morgan of the 39th, Morris of the 156th, Randall of the 142nd, Sims of the 169th, and Smyre of the 135th.

FRIDAY, MARCH 1, 2013

1597

They wished to be recorded as present.
Prayer was offered by Pastor Jeff Crook, Blackshear Place Baptist Church, Flowery Branch, Georgia.
The members pledged allegiance to the flag.
Representative Williams of the 119th, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives State Capitol, Room 228 Atlanta, Georgia 30334
March 1, 2013
Dear Mr. Clerk,
Please have the House Journal show me as excused on February 19, 2013.
Thank you,
/s/ Tom McCall
TM/ph
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.

1598

JOURNAL OF THE HOUSE

5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 510. By Representatives Talton of the 147th, Neal of the 2nd, Randall of the 142nd and Harrell of the 106th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 511. By Representatives Dempsey of the 13th, Watson of the 166th, Cooper of the 43rd, Sims of the 123rd, Clark of the 101st and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for a pilot program to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions; to provide for eligibility; to provide for requirements; to provide for a review panel; to provide for an evaluation report on the pilot program; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for

FRIDAY, MARCH 1, 2013

1599

membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 515. By Representatives Geisinger of the 48th, Powell of the 32nd, McCall of the 33rd, Riley of the 50th and Taylor of the 79th:
A BILL to be entitled an Act to amend Code Section 12-5-584 of the Official Code of Georgia Annotated, relating to water supply and water conservation management plan and interbasin transfers relative to the Metropolitan North Georgia Water Planning District, so as to provide an exemption to the prohibition on interbasin transfers from certain rivers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 516. By Representative Coomer of the 14th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that an election to participate in the Regents Retirement Plan in lieu of the Teachers Retirement System of Georgia shall be revocable at will; to provide that persons who made an irrevocable election for such participation may nonetheless elect to participate in the Teachers Retirement System of Georgia; to provide for creditable service; to provide for application and transfer of funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 517. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Tankersley of the 160th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores and other licensees for the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores and other licensees shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

1600

JOURNAL OF THE HOUSE

Referred to the Committee on Regulated Industries.
HB 518. By Representatives Strickland of the 111th, Hitchens of the 161st, Neal of the 2nd, Welch of the 110th, Tanner of the 9th and others:
A BILL to be entitled an Act to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of a driver of a vehicle meeting or overtaking a school bus, reporting of violations, and enforcement, so as to require additional activation of amber flasher lights on a school bus before and after a school bus stop; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HR 528. By Representatives Harbin of the 122nd, Kaiser of the 59th, Williams of the 119th, Stephens of the 164th, Sims of the 123rd and others:
A RESOLUTION creating the Joint Georgia Music Industry Study Committee; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HR 529. By Representatives Harbin of the 122nd, Kaiser of the 59th, Williams of the 119th, Stephens of the 164th, Sims of the 123rd and others:
A RESOLUTION creating the House Georgia Music Industry Study Committee; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HR 530. By Representatives Randall of the 142nd, Peake of the 141st, Beverly of the 143rd and Epps of the 144th:
A RESOLUTION recognizing United States military veterans and dedicating an interchange in their honor; and for other purposes.
Referred to the Committee on Transportation.
HR 531. By Representatives Roberts of the 155th, England of the 116th, Burns of the 159th and McCall of the 33rd:

FRIDAY, MARCH 1, 2013

1601

A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from sales and use and motor fuel taxes with respect to jet fuel and aviation gasoline shall be allocated for activities incident to providing and maintaining an adequate system of public-use airports in this state; to authorize the General Assembly to specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 532. By Representatives Powell of the 32nd, McCall of the 33rd, Gasaway of the 28th, Fleming of the 121st, Harbin of the 122nd and others:
A RESOLUTION requesting that the United States Army Corps of Engineers (USACE) utilize adaptive management techniques to control lake levels and river flows within the Savannah River Basin; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 547. By Representatives Wilkerson of the 38th, Thomas of the 100th, Abrams of the 89th, Kaiser of the 59th, Fludd of the 64th and others:
A RESOLUTION creating the House Student Scholarship Organization Study Committee; and for other purposes.
Referred to the Committee on Higher Education.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:
HB 519. By Representatives Jasperse of the 11th, Lindsey of the 54th, Battles of the 15th, Casas of the 107th, Peake of the 141st and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to change certain provisions relating to appointment of local school superintendents; to authorize the General Assembly to provide by local law for the election of local school superintendents as an alternative to appointment of local school superintendents; to provide for terms, qualifications, suspension and removal from office, and filling of vacancies; to provide for non-impairment of certain contracts; to provide an effective

1602

JOURNAL OF THE HOUSE

date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 520. By Representatives Weldon of the 3rd and Willard of the 51st:
A BILL to be entitled an Act to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to distribution and use of proceeds, certificate specifying percentage of proceeds for each political subdivision, determination of proceeds for absent municipalities, procedure for filing certificates, effect of failure to file, and renegotiation of certificate, so as to extend temporarily the time for filing certificates providing for the distribution of local option sales and use tax proceeds; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 521. By Representatives Williams of the 87th, Brooks of the 55th, Jones of the 62nd, Mayo of the 84th, Bryant of the 162nd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for notice to owners of motor vehicles removed from private property; to provide for the classification of personal property left within a motor vehicle that is no longer abandoned; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 549. By Representatives Rynders of the 152nd, England of the 116th, Meadows of the 5th, Jones of the 47th and O`Neal of the 146th:
A RESOLUTION creating the House Study Committee on Professional Licensing Boards; and for other purposes.
Referred to the Committee on Appropriations.
HR 550. By Representatives Jasperse of the 11th, Lindsey of the 54th, Battles of the 15th, Casas of the 107th, Peake of the 141st and others:

FRIDAY, MARCH 1, 2013

1603

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of local school superintendents as an alternative to appointment of local school superintendents; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Education.

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

HB 500 HB 502 HB 504 HB 506 HB 508 HB 512 HR 512 SB 115 SB 137

HB 501 HB 503 HB 505 HB 507 HB 509 HB 513 HR 527 SB 134 SB 139

Representative England of the 116th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

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

HB 372 Do Pass, by Substitute

Respectfully submitted, /s/ England of the 116th
Chairman

Representative Carter of the 175th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

1604

JOURNAL OF THE HOUSE

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

HB 41 Do Pass, by Substitute

Respectfully submitted, /s/ Carter of the 175th
Chairman

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

Mr. Speaker:

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

HB 171 HB 347 HB 452

Do Pass Do Pass Do Pass

HB 346 Do Pass HB 442 Do Pass

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

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

HR 192 HR 505 HR 514

Do Pass Do Pass Do Pass

Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

FRIDAY, MARCH 1, 2013

1605

HR 411 Do Pass, by Substitute

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

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

HOUSE RULES CALENDAR FRIDAY, MARCH 1, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 71
HB 253 HB 284 HB 298 HB 437 HB 441

Georgia Municipal Employees Benefit System; total percentage of investments permissible in real estate investments; increase (Ret-Riley50th) Athens-Clarke County; provide future nonpartisan elections for office of probate judge (IGC-Quick-117th) Return to Play Act of 2013; enact (Substitute)(Ed-Pruett-149th) Agricultural Commodity Commission for Georgia Grown Products; create (Substitute)(A&CA-Dickey-140th) Atlanta Judicial Circuit; provide for selection of chief judge (Judy-Willard51st) Fulton County Superior Court; administrator shall have oversight of budget; provide (Judy-Willard-51st)

Modified Structured Rule

HB 21 HB 99

Adoption; postadoption contact agreements; provide (Substitute)(JuvJOliver-82nd) Malt beverages; amount produced by a person in his or her private residence; change (Substitute)(RegI-Spencer-180th)

1606

JOURNAL OF THE HOUSE

HB 349 HB 446

Criminal cases; provide state with more direct appeal rights (Substitute)(JudyNC-Golick-40th) Guardian and ward; proposed ward who resided in another state prior to submission of guardianship or conservatorship petition for such proposed ward; provide certain additional notice requirements (JuvJ-Peake-141st)

Structured Rule

HB 127

Public officers; automatic fee adjustment in cases where funds are not appropriated in certain amounts for specified purposes; provide (AppPowell-171st)

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

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

Representative Gardner of the 57th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:

HB 347. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others:

A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

Y Abrams Y Alexander E Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell E Bennett Y Bentley N Benton

N Coomer Cooper
Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas
Drenner N Dudgeon Y Dukes

N Hamilton Harbin
N Harden Harrell
N Hatchett N Hawkins E Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt

N McCall N Meadows Y Mitchell Y Morgan N Morris Y Mosby E Murphy N Neal N Nimmer N Nix Y Oliver Y O'Neal N Pak

Sims, C N Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall N Strickland N Talton

FRIDAY, MARCH 1, 2013

1607

Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M E Carson N Carter N Casas N Chandler
Channell N Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Dunahoo E Duncan N Dutton E Ehrhart N England
Epps, C N Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner N Gasaway N Geisinger Y Glanton N Golick Y Gordon N Gravley N Greene N Gregory

N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd
Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N Parrish N Parsons N Peake N Pezold N Powell, A E Powell, J N Pruett Y Quick N Ramsey
Randall Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sheldon E Sims, B

E Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch
Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A
Williams, C Y Williams, E N Williamson
Yates Ralston, Speaker

On the motion, the ayes were 54, nays 96.

The motion was lost.

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

HB 171. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others:

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 188081, p. 508), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for the continuation in office of current members; to provide for qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

1608

JOURNAL OF THE HOUSE

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

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

N Abrams N Alexander E Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M E Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas
Drenner Y Dudgeon N Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart Y England N Epps, C Y Epps, J N Evans
Fleming N Floyd N Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Harbin
Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd
Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby E Murphy
Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey
Randall Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon E Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M E Stephens, R N Stephenson N Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch
Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A
Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 99, nays 54.

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

Representative Beasley-Teague of the 65th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:

HB 346. By Representatives Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Willard of the 51st, Riley of the 50th and others:

FRIDAY, MARCH 1, 2013

1609

A BILL to be entitled an Act to amend an Act providing for the consolidation of the offices of tax receiver of Fulton County and tax collector of Fulton County into the office of tax commissioner of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3006), as amended, particularly by an Act approved May 9, 2002 (Ga. L. 2002, p. 5680), so as to provide for a citation of authority; to provide for the appointment of the tax commissioner of Fulton County; to limit certain compensation of the tax commissioner; 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.

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

Y Abrams Y Alexander E Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell E Bennett Y Bentley N Benton
Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Caldwell, J N Caldwell, M E Carson N Carter N Casas N Chandler
Channell N Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas
Drenner N Dudgeon Y Dukes N Dunahoo E Duncan N Dutton E Ehrhart N England Y Epps, C N Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner N Gasaway N Geisinger Y Glanton N Golick Y Gordon N Gravley N Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett Y Hawkins E Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N McCall N Meadows Y Mitchell Y Morgan N Morris Y Mosby E Murphy
Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Pezold N Powell, A E Powell, J N Pruett N Quick N Ramsey
Randall Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sheldon E Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall N Strickland N Talton E Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch
Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A
Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 57, nays 98.

1610

JOURNAL OF THE HOUSE

The motion was lost.

Representative Williams of the 87th moved that the House reconsider its action in failing to remove HB 346 from the Local Calendar to be voted on separately.

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

Y Abrams Y Alexander E Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell E Bennett Y Bentley N Benton
Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce N Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M E Carson N Carter N Casas N Chandler
Channell N Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas
Drenner N Dudgeon Y Dukes N Dunahoo E Duncan N Dutton E Ehrhart N England Y Epps, C N Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Gardner N Gasaway N Geisinger Y Glanton N Golick Gordon N Gravley Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins E Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N McCall N Meadows Y Mitchell Y Morgan N Morris Y Mosby E Murphy
Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Pezold N Powell, A E Powell, J N Pruett N Quick N Ramsey
Randall Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sheldon E Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall N Strickland N Talton E Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A
Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 51, nays 102.

The motion was lost.

Representative Beasley-Teague of the 65th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:

FRIDAY, MARCH 1, 2013

1611

HB 442. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:

A BILL to be entitled an Act to provide for the administration of the budget of the State Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

Y Abrams Y Alexander E Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell E Bennett Y Bentley N Benton
Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M E Carson N Carter N Casas N Chandler
Channell N Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo E Duncan N Dutton E Ehrhart N England Y Epps, C N Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Gardner N Gasaway N Geisinger Y Glanton N Golick Y Gordon N Gravley Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N McCall N Meadows Y Mitchell Y Morgan N Morris Y Mosby E Murphy
Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Pezold N Powell, A E Powell, J N Pruett N Quick N Ramsey
Randall Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sheldon E Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall N Strickland N Talton E Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A
Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 56, nays 100.

1612

JOURNAL OF THE HOUSE

The motion was lost.

Representative Beasley-Teague of the 65th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:

HB 452. By Representatives Jones of the 47th and Hill of the 22nd:

A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, so as to change the description of the election districts; to provide 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.

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

Y Abrams Y Alexander E Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell E Bennett
Bentley N Benton
Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M E Carson N Carter N Casas N Chandler
Channell N Chapman N Cheokas

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo E Duncan N Dutton E Ehrhart N England Y Epps, C N Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Gardner N Gasaway N Geisinger Y Glanton N Golick

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J N Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra

N McCall N Meadows Y Mitchell Y Morgan N Morris Y Mosby E Murphy
Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Pezold N Powell, A E Powell, J N Pruett N Quick N Ramsey
Randall Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall N Strickland N Talton E Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A
Williams, C

FRIDAY, MARCH 1, 2013

1613

N Clark, J N Clark, V N Coleman N Cooke

Y Gordon N Gravley
Greene N Gregory

Y Marin N Martin N Maxwell Y Mayo

Y Sharper N Shaw N Sheldon E Sims, B

Y Williams, E N Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 52, nays 103.

The motion was lost.

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

HB 346. By Representatives Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Willard of the 51st, Riley of the 50th and others:

A BILL to be entitled an Act to amend an Act providing for the consolidation of the offices of tax receiver of Fulton County and tax collector of Fulton County into the office of tax commissioner of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3006), as amended, particularly by an Act approved May 9, 2002 (Ga. L. 2002, p. 5680), so as to provide for a citation of authority; to provide for the appointment of the tax commissioner of Fulton County; to limit certain compensation of the tax commissioner; 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.

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

HB 347. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others:

A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

HB 442. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:

1614

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to provide for the administration of the budget of the State Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; 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 452. By Representatives Jones of the 47th and Hill of the 22nd:

A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, so as to change the description of the election districts; to provide 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.

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:

N Abrams N Alexander E Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon N Dukes
Dunahoo E Duncan Y Dutton E Ehrhart

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby E Murphy
Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M E Stephens, R N Stephenson N Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T

FRIDAY, MARCH 1, 2013

1615

Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M E Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y England N Epps, C Y Epps, J N Evans
Fleming N Floyd N Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley
Greene Y Gregory

Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey
Randall Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon E Sims, B

Y Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A
Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 100, nays 56.

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

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

Mr. Speaker:

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

SB 10. By Senator Carter of the 1st:

A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 128. By Senators Millar of the 40th and Unterman of the 45th:

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 definitions relating to marriage and family therapy; to provide for related matters; to repeal conflicting laws; and for other purposes.

1616

JOURNAL OF THE HOUSE

SB 140. By Senators Murphy of the 27th, Miller of the 49th, Mullis of the 53rd, Ginn of the 47th and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to include contracts, agreements, and instruments for the repair of certain wear and tear of a motor vehicle to include rips, burns, tears, holes, and punctures to interior fabric or carpet, cosmetic repair to aluminum or painted wheels, and exterior reconditioning of foggy or yellowed headlights within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 142. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to provide that the board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law; to provide that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age; to require notice to the board of trustees of such employment; to provide for penalties; to repeal conflicting laws; and for other purposes.
SB 199. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 1, 2013

1617

HB 376. By Representative Harden of the 148th:
A BILL to be entitled an Act to authorize the governing authority of the City of Hawkinsville 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 415. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes.
HB 416. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as change certain provisions relating to the personnel review board; to repeal conflicting laws; and for other purposes.
HB 417. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes.
HB 440. By Representatives Watson of the 172nd and Houston of the 170th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Ellenton, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3073), so as to change certain provisions relating to the election and powers of city councilmembers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

1618

JOURNAL OF THE HOUSE

SR 413. By Senators Orrock of the 36th, Unterman of the 45th, Hufstetler of the 52nd and Ligon, Jr. of the 3rd:
A RESOLUTION urging adult citizens of Georgia to strongly consider preparing an advance directive for health care that appoints their health care agent and states their treatment preferences; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 10. By Senator Carter of the 1st:
A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 128. By Senators Millar of the 40th and Unterman of the 45th:
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 definitions relating to marriage and family therapy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 140. By Senators Murphy of the 27th, Miller of the 49th, Mullis of the 53rd, Ginn of the 47th and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to include contracts, agreements, and instruments for the repair of certain wear and tear of a motor vehicle to include rips, burns, tears, holes, and punctures to interior fabric or carpet, cosmetic repair to aluminum or painted wheels, and exterior reconditioning of foggy or yellowed headlights within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 1, 2013

1619

Referred to the Committee on Insurance.
SB 142. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to provide that the board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law; to provide that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age; to require notice to the board of trustees of such employment; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 199. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SR 413. By Senators Orrock of the 36th, Unterman of the 45th, Hufstetler of the 52nd and Ligon, Jr. of the 3rd:
A RESOLUTION urging adult citizens of Georgia to strongly consider preparing an advance directive for health care that appoints their health care agent and states their treatment preferences; and for other purposes.
Referred to the Committee on Health & Human Services.
The following members were recognized during the period of Morning Orders and addressed the House:

1620

JOURNAL OF THE HOUSE

Representatives McCall of the 33rd, Lindsey of the 54th, Brooks of the 55th, and Bruce of the 61st.
Pursuant to HR 499, the House recognized and commended Mr. John G. R. Bankhead, the GBI's Director of Public Affairs, on the occasion of his retirement and his contributions to the law enforcement profession in Georgia.
Pursuant to HR 495, the House recognized and commended the State YMCA of Georgia's Center for Civic Engagement.
By unanimous consent, the following Bill of the House was postponed until the next legislative day:
HB 127. By Representatives Powell of the 171st, Meadows of the 5th, England of the 116th, Hamilton of the 24th, Nix of the 69th and others:
A BILL to be entitled an Act to amend Titles 45, 12, and 15 of the Official Code of Georgia Annotated, relating to public officers 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.
By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until the next legislative day:
HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others:
A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 1, 2013

1621

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 403 Do Pass, by Substitute

Respectfully submitted, /s/ Channell of the 120th
Chairman

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

HB 446. By Representatives Peake of the 141st, Lindsey of the 54th, Willard of the 51st, England of the 116th, Cooper of the 43rd and others:

A BILL to be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for certain additional notice requirements for a proposed ward who resided in another state prior to the submission of a guardianship or conservatorship petition for such proposed ward; to require disclosure in petitions; 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 Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell E Bennett Y Bentley Y Benton

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton

1622

JOURNAL OF THE HOUSE

Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M E Carson
Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dunahoo E Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey
Randall Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Shaw Y Sheldon E Sims, B

E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

HB 298. By Representatives Dickey of the 140th, Harden of the 148th, Watson of the 172nd, Epps of the 144th, Shaw of the 176th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Georgia Grown Products; to provide for the operation and function of the commodity commission; to amend Code Section 2-8-10 of the Official Code of Georgia Annotated, relating to nonapplicability of Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, so as to exclude the Agricultural Commodity Commission for Georgia Grown Products from the provisions of such article; 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 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity

FRIDAY, MARCH 1, 2013

1623

Commission for Georgia Grown Products; to provide for the operation and function of the commodity commission; to increase the membership for the Agricultural Commodity Commission for Cotton; to exclude the Agricultural Commodity Commission for Georgia Grown Products from general provisions relating to agricultural commodities promotion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, is amended by adding a new article to read as follows:
"ARTICLE 4
2-8-90. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of Georgia grown products to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of Georgia grown products. (2) 'Commission' means the Agricultural Commodity Commission for Georgia Grown Products created under this article. (3) 'Georgia grown products' means any agricultural, horticultural, floricultural, silvicultural, or vegetable products commercially produced in this state. (4) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (5) 'Producer' means any person engaged within this state in the business of producing or causing to be produced for market Georgia grown products. (6) 'Processor' means any person engaged within this state in the operation of receiving, grading, packing, canning, extracting, preserving, grinding, crushing, milling, or changing the form of a Georgia grown product for the purpose of preparing for market or marketing such product or engaged in any other activities performed for the purpose of preparing for market or marketing such product.
2-8-91. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department.

1624

JOURNAL OF THE HOUSE

2-8-92. There is created the Agricultural Commodity Commission for Georgia Grown Products.
2-8-93. (a) The commission shall be composed of:
(1) The Commissioner of Agriculture, ex officio; (2) The president of the Georgia Farm Bureau, ex officio; (3) One member elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those present concurring, who shall be a producer or processor and shall not be a member of the General Assembly; (4) One member elected by the House of Representatives Committee on Agriculture and Consumer Affairs who shall be a producer or processor and shall not be a member of the General Assembly; and (5) Five additional members, all of whom shall be appointed by the members of the commission specified in paragraphs (1) through (4) of this subsection. (b) The initial two members elected by the agriculture and consumer affairs committees of the General Assembly shall be elected and qualified to take office for a term ending upon the election of their successors during the regular 2016 session of the General Assembly. Their successors shall be elected during the 2016 regular session of the General Assembly; and thereafter future successors shall be elected during each regular session of the General Assembly convening in even-numbered years. Such members shall serve from the date of their election until their successors are elected and qualified. Such members shall be entitled to vote on matters pertaining to the organization of the commission and upon the selection and nomination of the appointive members of the commission, but shall not be entitled to vote upon any matter pertaining to the policy provisions of the commission, nor shall they be entitled to vote upon the expenditure of any funds of the commission. (c) For purposes of the appointment of additional members of the commission as provided in this Code section, a list of nominees shall be requested from producers and processors. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment. (d)(1) The members who are state officers shall be compensated as provided by law. Each such member shall be reimbursed by his or her respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of his or her duties.

FRIDAY, MARCH 1, 2013

1625

(2) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government. (3) The appointive members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. (e) Each member of the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. The fact of a member's appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.
2-8-94. The commission, with its name annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts.
2-8-95. (a) The commission is authorized to accept donations, gifts, grants, and other funds or property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (b) Funds received by the Commissioner under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state. (c) The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioner shall disburse funds of the commission only upon the written authorization of the commission. (d) Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands.

1626

JOURNAL OF THE HOUSE

2-8-96. The members and employees of the commission and the Commissioner shall be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, 'The Georgia Tort Claims Act.'
2-8-97. (a) The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders.
(b)(1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any Georgia grown product, he or she shall, either upon his or her own motion, upon the motion of the commission, upon the application of any producer, or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of this state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing.
2-8-98. If, upon the basis of the record of testimony and evidence received at the hearing provided for in Code Section 2-8-97, the commission determines that the issuance of a marketing order or amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any one or more of the following provisions, but no others:
(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for Georgia grown products in this state or for the prevention, modification, or removal of trade barriers

FRIDAY, MARCH 1, 2013

1627

which obstruct the normal flow of Georgia grown products to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of Georgia grown products, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of Georgia grown products only, without reference to any other brand or trade name; provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims on behalf of or disparages the quality, value, sale, or use of any other commodity; (2) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of Georgia grown products or any combination thereof and for the expenditure of moneys for such purposes; and (3) Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about Georgia grown products.
2-8-99. (a)(1) Upon the recommendation of not fewer than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in the Commissioner's or the commission's opinion the substance of such minor amendments so warrants. (2) In making effective major amendments to a marketing order, the Commissioner or the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (A) Authority for the establishment of plans for advertising and sales promotion of Georgia grown products; (B) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; (C) Extension of the termination date of any marketing order; or (D) Authority for carrying out research studies in the production or distribution of Georgia grown products. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order.
(b) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the Department of Agriculture; and a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become

1628

JOURNAL OF THE HOUSE

effective until the termination of a period of five days from the date of such posting and publication. (c) The Commissioner or the commission shall have the power, consistent with this article and in accordance with marketing orders and amendments made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued pursuant to this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (b) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation. (d) Upon the recommendation of the commission, the Commissioner shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (b) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (e) Unless extended as provided in this article, all marketing orders issued under the authority of this article shall terminate at the expiration of one year from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of one year after the date of any such extension.
2-8-100. (a) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of any marketing order which authorizes the carrying out of advertising and sales promotion plans, such order shall provide for the levying of assessments upon producers or processors utilizing the Georgia grown trademark. Such orders shall be in sufficient amounts to defray the expenses of such activities. Each such order shall indicate the maximum rate of any such assessment. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate is proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment. (b) The commission may prescribe such rules as may be necessary and reasonable for the orderly collection of assessments and may take all legal action necessary to enforce payment of such assessments.
2-8-101. Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of this state in which a particular order shall

FRIDAY, MARCH 1, 2013

1629

be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class.
2-8-102. (a) Any moneys collected by the commission or the Commissioner pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the commission. If ever the commission is abolished by law, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds. (b) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission to annually review these investments and determine that such investments comply with this Code section.
2-8-103. (a) The Attorney General of this state shall represent the commission in legal matters and shall be the attorney for the commission. (b) The Attorney General shall, upon complaint by the commission, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
2-8-104. Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
2-8-105. The commission is empowered to make all necessary rules and regulations for the purpose of carrying out the purposes of this article. The promulgation, adoption, and

1630

JOURNAL OF THE HOUSE

amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 2. Said chapter is further amended by revising Code Section 2-8-10, relating to nonapplicability of Article 2 of Chapter 8 of Title 2, as follows:
"2-8-10. This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13; nor shall this article apply to the Agricultural Commodity Commission for Equines provided for in Article 4 5 of this chapter; nor shall this article apply to the Agricultural Commodity Commission for Georgia Grown Products provided for in Article 4 of this chapter."

SECTION 3. Said chapter is further amended in Code Section 2-8-14, relating to the composition and membership of agricultural commodity commissions, by revising paragraph (5) of subsection (a) as follows:
"(5) Five additional members, who shall be producers of the affected agricultural commodity, to be appointed by the ex officio members of the commission; provided, however, that for the Agricultural Commodity Commission for Cotton, the number of additional members appointed pursuant to this paragraph shall be seven. for the For purposes of the appointment of such five additional members, the two members elected by each of the agriculture committees of the General Assembly, who shall serve as members of each commission, shall be deemed to be ex officio members."

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 Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens

Y McCall Y Meadows Y Mitchell E Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
Spencer Y Stephens, M E Stephens, R Y Stephenson

FRIDAY, MARCH 1, 2013

1631

E Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo

Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J
Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

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 266. By Representative Peake of the 141st:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective

1632

JOURNAL OF THE HOUSE

date; to provide applicability; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 284. By Representatives Pruett of the 149th, Kaiser of the 59th, Mitchell of the 88th, Cooper of the 43rd, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact the "Return to Play Act of 2013"; to require public and private schools which provide youth athletic activities to provide information to parents on the nature and risk of concussion and head injury and to establish concussion management and return to play policies; to require public recreation leagues to provide information to parents on the nature and risk of concussion and head injury; to provide for definitions; to provide for the endorsement of concussion recognition education courses; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact the "Return to Play Act of 2013"; to require public and private schools which provide youth athletic activities to provide information to parents on the nature and risk of concussion and head injury and to establish concussion management and return to play policies; to require public recreation facilities to provide information to parents on the nature and risk of concussion and head injury; to provide for definitions; to provide for the endorsement of concussion recognition education courses; to provide for limited liability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be referred to as the "Return to Play Act of 2013."

FRIDAY, MARCH 1, 2013

1633

SECTION 2. Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-324.1. (a) As used in this Code section, the term:
(1) 'Health care provider' means a licensed physician or another licensed individual under the supervision of a licensed physician, such as a nurse practitioner, physician assistant, or certified athletic trainer who has received training in concussion evaluation and management. (2) 'Public recreation facility' means a public facility that conducts an organized youth athletic activity in which a participation fee and registration are required. (3) 'Youth athlete' means a participant in a youth athletic activity who is seven years of age or older and under 19 years of age. (4) 'Youth athletic activity' means an organized athletic activity in which the majority of the participants are youth athletes and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. This term shall not include college or university activities or an activity which is entered into for instructional purposes only, an athletic activity that is incidental to a nonathletic program, youth athletic activities offered through a church or synagogue, or a lesson; provided, however, that colleges, universities, churches, and synagogues, and any other entities that conduct youth athletic activities but are not subject to this Code section are strongly encouraged to establish and implement a concussion management and return to play policy. (b) Each local board of education, administration of a nonpublic school, and governing body of a charter school shall adopt and implement a concussion management and return to play policy comprising not less than the following components: (1) Prior to the beginning of each athletic season of a youth athletic activity, provide an information sheet to all youth athletes' parents or legal guardians which informs them of the nature and risk of concussion and head injury; (2) If a youth athlete participating in a youth athletic activity exhibits symptoms of having a concussion, that athlete shall be removed from the game, competition, tryout, or practice and be evaluated by a health care provider; and (3) If a youth athlete is deemed by a health care provider to have sustained a concussion, the coach or other designated personnel shall not permit the youth athlete to return to play until the youth athlete receives clearance from a health care provider for a full or graduated return to play. (c) Each public recreation facility shall, at the time of registration for a youth athletic activity, provide an information sheet to all youth athletes' parents or legal guardians which informs them of the nature and risk of concussion and head injury; provided, however, that public recreation facilities are strongly encouraged to establish and implement a concussion management and return to play policy.

1634

JOURNAL OF THE HOUSE

(d) The Department of Public Health shall endorse one or more concussion recognition education courses to inform Georgia citizens of the nature and risk of concussions in youth athletics, at least one of which shall be available online. Such course or courses may include education and training materials made available, at no charge, by the federal Centers for Disease Control and Prevention or other training materials substantively and substantially similar to such materials. (e) This Code section shall not create any liability for, or create a cause of action against, a local board of education, the governing body of a nonpublic school, the governing body of a charter school, or a public recreation facility or the officers, employees, volunteers, or other designated personnel of any such entities for any act or omission to act related to the removal or nonremoval of a youth athlete from a game, competition, tryout, or practice pursuant to this Code section; provided, however, that for purposes of this subsection, other designated personnel shall not include health care providers unless they are acting in a volunteer capacity."

SECTION 3. This Act shall become effective on January 1, 2014.

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 Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo E Duncan N Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes N Holt Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L

Y McCall Y Meadows Y Mitchell E Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner

FRIDAY, MARCH 1, 2013

1635

Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

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

On the passage of the Bill, by substitute, the ayes were 161, nays 7.

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

HB 253. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th:

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 Abrams Y Alexander E Allison N Anderson Y Atwood Y Ballinger N Barr Y Battles
Beasley-Teague Bell N Bennett Y Bentley Y Benton Beverly

N Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon Y Dukes N Dunahoo

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett N Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston

McCall Y Meadows Y Mitchell E Morgan Y Morris N Mosby E Murphy Y Neal Y Nimmer N Nix Y Oliver Y O'Neal N Pak Y Parrish

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R N Smyre Y Spencer Y Stephens, M E Stephens, R N Stephenson Y Stovall Y Strickland Y Talton E Tankersley

1636

JOURNAL OF THE HOUSE

Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Howard Hugley Jackson
Y Jacobs N Jasperse Y Jones, J Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley E Roberts N Rogers, C N Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B E Watson, S Y Welch Y Weldon
Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 134, nays 24.

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

HB 71.

By Representatives Riley of the 50th, Maxwell of the 17th, Greene of the 151st, Tankersley of the 160th, Holmes of the 129th and others:

A BILL to be entitled an Act to amend Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investment and real estate investments, so as to increase the total percentage of investments permissible in real estate investments for the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams Y Alexander E Allison N Anderson Y Atwood Y Ballinger Y Barr

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson

McCall Y Meadows Y Mitchell E Morgan Y Morris N Mosby E Murphy

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer

FRIDAY, MARCH 1, 2013

1637

Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton
Beverly Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

Y Stephens, M E Stephens, R N Stephenson Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B E Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 150, nays 13.

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

HB 349. By Representatives Golick of the 40th, Hatchett of the 150th, Coomer of the 14th, Pak of the 108th, Oliver of the 82nd and others:

A BILL to be entitled an Act to amend Chapter 7 of Title 5 of the O.C.G.A., relating to appeal or certiorari by the state in criminal cases, so as to provide the state with more direct appeal rights; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the O.C.G.A., relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to amend Article 2 of Chapter 8 of Title 24 of the O.C.G.A., relating to admissions and confessions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

1638

JOURNAL OF THE HOUSE

A BILL TO BE ENTITLED AN ACT
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 provide the state with more direct appeal rights; to provide the state with cross appeal rights; to provide for crossreferences; to provide for liberal construction of the chapter; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to change provisions relating to sentencing for trafficking in certain drugs; to provide for definitions; to change provisions relating to sentencing serious violent offenders, certain sexual offenders, and repeat offenders; to create the Georgia Council on Criminal Justice Reform and provide for its members, chairperson, other officers, committees, staff, and funding; to allow a drug court or mental health court division judge to order the Department of Driver's Services to change a defendant's driving privileges for participants in their court programs under certain circumstances; to delete definitions; to change terms of a probated sentence; to amend Article 2 of Chapter 8 of Title 24 of the Official Code of Georgia Annotated, relating to admissions and confessions, so as to expand the admissibility of hearsay relative to testimony as to a child's description of sexual contact or physical abuse; 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 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, is amended by revising Code Section 5-7-1, relating to orders, decisions, or judgments appealable and defendant's right to cross appeal, as follows:
"5-7-1. (a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances:
(1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or a petition alleging that a child has committed a delinquent act, or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds;

FRIDAY, MARCH 1, 2013

1639

(3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; (5) From an order, decision, or judgment excluding evidence in the case of any motion filed at least 30 days prior to trial and ruled on prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first, if:
(A) Notwithstanding the provisions of Code Section 5-6-38, the notice of appeal filed pursuant to this paragraph is filed within 48 hours of such order, decision, or judgment; and (B) In the case of an appeal by the prosecuting attorney, the prosecuting attorney certifies to the trial court that such appeal is not taken for purpose of delay and that the evidence is a substantial proof of a material fact in the proceeding; (5)(6) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (6)(7) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or subsection (b) of Code Section 17-7-50.1; (7)(8) From an order, decision, or judgment of a court granting a motion for new trial or an extraordinary motion for new trial; (8)(9) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in jeopardy; or (9)(10) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2. (b) In any instance in which any appeal is taken by and on behalf of the State of Georgia in a criminal case, the defendant shall have the right to cross appeal. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38. (c) In any instance in which the defendant in a criminal cases applies for and is granted an interlocutory appeal as provided Code Section 5-6-34 or an appeal is taken pursuant to Code Section 17-10-35.1, the state shall have the right to cross appeal on any matter ruled on prior to the impaneling of a jury or the defendant being put in jeopardy. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38. The state shall not be required to obtain a certificate of immediate review for such cross appeal."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 5-7-2, relating to certification required for immediate review of nonfinal orders, decisions, or judgments, as follows:

1640

JOURNAL OF THE HOUSE

"(b) A certificate of immediate review shall not be required from an: (1) Order, decision, or judgment suppressing or excluding illegally seized evidence as set forth in paragraph (4) or (5) of subsection (a) of Code Section 5-7-1; or (2) Order, decision, or judgment described in paragraph (1) or (7) of subsection (a) of Code Section 5-7-1."
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"5-7-6. This chapter shall be liberally construed to effectuate the purposes stated in this chapter."
SECTION 4. Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties for controlled substances, is amended by revising Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, as follows:
"16-13-31. (a)(1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows: (A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing.
(b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 4 four grams or more of any morphine or opium or any salt, isomer,

FRIDAY, MARCH 1, 2013

1641

or salt of an isomer thereof, including heroin, as described in Schedules I and II, or 4 four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is 4 four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 10 ten pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of 10 ten pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $100,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $250,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $1 million. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) Any person who knowingly sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows:

1642

JOURNAL OF THE HOUSE

(1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (f) Any person who knowingly manufactures methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (g)(1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section. (2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he or she finds that the defendant has rendered such substantial assistance.

FRIDAY, MARCH 1, 2013

1643

(2)(A) In the court's discretion, the judge may depart from the mandatory minimum sentence specified for a person who is convicted of a violation of this Code section as set forth in subparagraph (B) of this paragraph if the judge concludes that:
(i) The defendant was not a leader of the criminal conduct; (ii) The defendant did not use a weapon during the crime; (iii) The criminal conduct did not result in a death or serious bodily injury to a person other than to a person who is a party to the crime; (iv) The defendant has no prior felony conviction; and (v) The interests of justice will not be served by the imposition of the prescribed mandatory minimum sentence. (B) The sentencing departure ranges pursuant to subparagraph (A) of this paragraph shall be as follows: (i) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this Code section, two years and six months to five years imprisonment and a fine of not less than $25,000.00 nor more than $50,000.00; (ii) Any person convicted of violating paragraph (1) of subsection (c) of this Code section, two years and six months to five years imprisonment and a fine of not less than $50,000.00 nor more than $100,000.00; (iii) Any person convicted of violating paragraph (2) of subsection (c) of this Code section, three years and six months to seven years imprisonment and a fine of not less than $125,000.00 nor more than $250,000.00; (iv) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(A) of this Code section, or paragraph (1) of subsection (e) or (f) of this Code section, five to ten years imprisonment and a fine of not less than $100,000.00 nor more than $200,000.00; (v) Any person convicted of violating paragraph (2) of subsection (b) of this Code section, five to ten years imprisonment and a fine of not less than $50,000.00 nor more than $100,000.00; (vi) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(B) of this Code section, or paragraph (2) of subsection (e) or (f) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $150,000.00 nor more than $300,000.00; (vii) Any person convicted of violating paragraph (3) of subsection (c) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $500,000.00 nor more than $1 million; (viii) Any person convicted of violating paragraph (2) of subsection (d) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $125,000.00 nor more than $250,000.00; (ix) Any person convicted of violating paragraph (3) of subsection (b) of this Code section, 12 years and six months to 25 years imprisonment and a fine of not less than $250,000.00 nor more than $500,000.00; and

1644

JOURNAL OF THE HOUSE

(x) Any person convicted of violating subparagraph (a)(1)(C), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(C) of this Code section, or paragraph (3) of subsection (e) or (f) of this Code section, 12 years and six months to 25 years imprisonment and a fine of not less than $500,000.00 nor more than $1 million. (C) If a judge reduces the mandatory minimum sentence pursuant to this paragraph, the judge shall specify on the record the circumstances for the reduction and the interests served by such departure. Any such order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. (D) As used in this paragraph, the term: (i) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal. (ii) 'Weapon' shall have the same meaning as set forth in Code Section 16-11127.1. (h) Any person who violates any provision of this Code section shall be punished 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. (i) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."
SECTION 5. Said part is further amended by revising Code Section 16-13-31.1, relating to trafficking in ecstacy and penalties, as follows:
"16-13-31.1. (a) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4methylenedioxymethamphetamine, or any mixture containing 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described in Schedule I, in violation of this article commits the felony offense of trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three years but not more than 30 years and shall pay a fine of not less than $25,000.00 nor more than $250,000.00;

FRIDAY, MARCH 1, 2013

1645

(2) If the quantity of such substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years but not more than 30 years and shall pay a fine of not less than $50,000.00 nor more than $250,000.00; and (3) If the quantity of such substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years but not more than 30 years and shall pay a fine of not less than $100,000.00 nor more than $250,000.00. (b)(1) In the court's discretion, the judge may depart from the mandatory minimum sentence specified for a person who is convicted of a violation of this Code section as set forth in paragraph (2) of this subsection if the judge concludes that:
(A) The defendant was not a leader of the criminal conduct; (B) The defendant did not use a weapon during the crime; (C) The criminal conduct did not result in a death or serious bodily injury to a person other than to a person who is a party to the crime; (D) The defendant has no prior felony conviction; and (E) The interests of justice will not be served by the imposition of the prescribed mandatory minimum sentence. (2) The sentencing departure ranges pursuant to paragraph (1) of this subsection shall be as follows: (A) Any person convicted of violating paragraph (1) of subsection (a) of this Code section, one year and six months to 30 years imprisonment and a fine of not less than $12,500.00 nor more than $250,000.00; (B) Any person convicted of violating paragraph (2) of subsection (a) of this Code section, two years and six months to 30 years imprisonment and a fine of not less than $25,000.00 nor more than $250,000.00; and (C) Any person convicted of violating paragraph (3) of subsection (a) of this Code section, five to 30 years imprisonment and a fine of not less than $50,000.00 nor more than $250,000.00; (3) If a judge reduces the mandatory minimum sentence pursuant to this subsection, the judge shall specify on the record the circumstances for the reduction and the interests served by such departure. Any such order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. (4) As used in this subsection, the term: (A) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal. (B) 'Weapon' shall have the same meaning as set forth in Code Section 16-11127.1. (c) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the

1646

JOURNAL OF THE HOUSE

motion may impose a reduced or suspended sentence if he or she finds that the defendant has rendered such substantial assistance. (d) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."
SECTION 6. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising paragraph (2) of subsection (a), subparagraphs (a)(5)(A) and (a)(5)(C), and adding a new paragraph to subsection (a) of Code Section 17-10-1, relating to fixing of sentence, to read as follows:
"(2) Active 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 Chapter 15 of Title 16, 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 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."
"(A) Where When 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 unsupervised 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,

FRIDAY, MARCH 1, 2013

1647

shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney." "(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." "(7) As used in this subsection, the term: (A) 'Active probation 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. (B) 'Unsupervised probation' means the period of a probated sentence that follows active probation supervision in which:
(i) All of the conditions and limitations imposed by the court remain intact; (ii) A probationer may have reduced reporting requirements; and (iii) A probation supervisor shall not actively supervise such probationer."
SECTION 7. Said title is further amended by revising subsection (b) and adding two new subsections to Code Section 17-10-6.1, relating to punishment for serious violent offenders, to read as follows:
"(b)(1) Notwithstanding any other provisions of law to the contrary Except as provided in subsection (e) of this Code section, any person convicted of the serious violent felony of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Notwithstanding any other provisions of law to the contrary Except as provided in subsection (e) of this Code section, the sentence of any person convicted of the serious violent felony of:
(A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall, unless sentenced to life imprisonment, be a split sentence which shall include a mandatory minimum term of imprisonment of 25 years, followed by probation for life. No, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court or reduced

1648

JOURNAL OF THE HOUSE

by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state." "(e) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a serious violent felony when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. (f) Any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."
SECTION 8. Said title is further amended by revising subsection (c) of Code Section 17-10-6.2, relating to punishment for sexual offenders, as follows:
"(c)(1) In the court's discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum or provided that:
(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any intentional physical harm during the commission of the offense; (E) The offense did not involve the transportation of the victim; and (F) The victim was not physically restrained during the commission of the offense.

FRIDAY, MARCH 1, 2013

1649

(2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judge's reasons. Any such order shall be appealable by the defendant pursuant to Code Section 5-6-34, or by the State of Georgia pursuant to Code Section 5-7-1, unless the sentence imposed was pursuant to an agreement by the prosecuting attorney and the defendant."
SECTION 9. Said title is further amended by revising subsection (b) of Code Section 17-10-7, relating to punishment for repeat offenders, as follows:
"(b)(1) As used in this subsection, the term 'serious violent felony' means a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1. (2) Any Except as provided in subsection (e) of Code Section 17-10-6.1, any person who has been convicted of a serious violent felony in this state or who has been convicted under the laws of any other state or of the United States of a crime which if committed in this state would be a serious violent felony and who after such first conviction subsequently commits and is convicted of a serious violent felony for which such person is not sentenced to death shall be sentenced to imprisonment for life without parole. Any such sentence of life without parole shall not be suspended, stayed, probated, deferred, or withheld, and any such person sentenced pursuant to this paragraph shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the sentence of life imprisonment without possibility of parole, except as may be authorized by any existing or future provisions of the Constitution."
SECTION 10. Said title is further amended by adding a new chapter to read as follows:
"CHAPTER 19
17-19-1. (a) There is created the Georgia Council on Criminal Justice Reform for the purpose of conducting periodic comprehensive reviews of criminal laws, criminal procedure, sentencing laws, adult correctional issues, juvenile justice issues, enhancement of probation and parole supervision, better management of the prison population and of the population in the custody of the Department of Juvenile Justice, and other issues related to criminal and accountability courts. The Georgia Council on Criminal Justice Reform shall be responsible for establishing performance measures that track the implementation of criminal justice and juvenile justice reforms through the analysis of data collected under law and shall propose additional reforms to further the reduction of recidivism, the lowering of state expenses, and the maintenance of an effective and efficient Code that will promote public safety.

1650

JOURNAL OF THE HOUSE

(b) As used in this chapter, the term 'council' means the Georgia Council on Criminal Justice Reform.
17-19-2. (a) The Governor shall appoint all 15 members of the council which shall be composed of one member of the Senate, one member of the House of Representatives, one member who shall be either a Justice of the Supreme Court or a Judge of the Court of Appeals, one superior court judge, one juvenile court judge, one district attorney, one criminal defense attorney, one sheriff, the executive counsel to the Governor or his or her designee, the director of the Governor's Office for Children and Families or his or her designee, and five other members as determined by the Governor. (b) Each member of the council shall be appointed to serve for a term of four years or until his or her successor is duly appointed, except the members of the General Assembly, who shall serve until completion of their current terms of office. A member may be appointed to succeed himself or herself on the council. If a member of the council is an elected or appointed official, the member, or his or her designee, shall be removed from the council if the member no longer serves as such elected or appointed official. (c) The Governor shall designate the chairperson of the council. The council may elect other officers as it deems necessary. The chairperson of the council may designate and appoint committees from among the membership of the council as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this chapter. The chairperson shall only vote to break a tie. (d) The council shall be attached for administrative purposes only to the Governor's Office for Children and Families. The Governor's Office for Children and Families and the Criminal Justice Coordinating Council shall provide staff support for the council. The Governor's Office for Children and Families and the Criminal Justice Coordinating Council shall use any funds specifically appropriated to it to support the work of the council.
17-19-3. (a) The council may conduct meetings at such places and times as it deems necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this chapter. The council shall hold meetings at the call of the chairperson. The council shall meet not less than twice every year. (b) A quorum for transacting business shall be a majority of the members of the council. (c) Any legislative members of the council shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the council who

FRIDAY, MARCH 1, 2013

1651

are state officials, other than legislative members, or state employees shall receive no compensation for their services on the council, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the council in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this chapter shall come from funds appropriated to the Senate and the House of Representatives.
17-19-4. (a) The council shall have the following duties:
(1) To periodically, and at least every two years, review the conditions, needs, issues, and problems related to criminal justice; issue a report on the same to the executive counsel of the Governor, the Office of Planning and Budget, and the chairpersons of the House Committee on Appropriations, the Senate Appropriations Committee, the House Committee on Judiciary, and the Senate Judiciary Committee; and recommend any action or proposed legislation which the council deems necessary or appropriate. Nothing contained in the council's report shall be considered to authorize or require a change in any law without action by the General Assembly; (2) To evaluate and consider the best practices, experiences, and results of legislation in other states with regard to children, adults, and families involved in the juvenile or superior court or equivalent systems; and (3) To identify and recommend whether and when any state law should be modified to conform, whenever desirable, to federal legislation. (b) The council shall have the following powers: (1) To evaluate how the laws and programs affecting the criminal justice system in this state are working; (2) To request and receive data from and review the records of appropriate state agencies and courts to the greatest extent allowed by state and federal law; (3) To accept public or private grants, devises, and bequests; (4) To authorize entering into contracts or agreements through the council's chairperson necessary or incidental to the performance of its duties; (5) To establish rules and procedures for conducting the business of the council; and (6) To conduct studies, hold public meetings, collect data, or take any other action the council deems necessary to fulfill its responsibilities. (c) The council shall be authorized to retain the services of attorneys, consultants, subject matter experts, economists, budget analysts, data analysts, statisticians, and other individuals or organizations as determined appropriate by the council.
17-19-5. This chapter shall be repealed effective June 30, 2018, unless continued in effect by the General Assembly prior to that date."

1652

JOURNAL OF THE HOUSE

SECTION 11. Article 2 of Chapter 8 of Title 24 of the Official Code of Georgia Annotated, relating to admissions and confessions, is amended by revising Code Section 24-8-820, relating to testimony as to child's description of sexual contact or physical abuse, as follows:
"24-8-820. A statement made by a child under the age of 14 16 years describing any act of sexual contact or physical abuse performed with or on the child by another shall be or with or on another in the presence of the child shall be admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability the prosecuting attorney provides notice to the accused prior to trial of the state's intention to use such out-of-court statement and such child testifies at the trial, unless the accused forfeits or waives the child's testimony as provided in this title, and, at the time of the testimony regarding the out-of-court statements, the witness is subject to cross-examination regarding the out-of-court statements."
SECTION 12. Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of driver's license for certain drug offenses, is amended by revising subsections (a), (b), and (e) of Code Section 40-5-75, relating to suspension of license by operation of law, as follows:
"(a) The Except as provided in Code Section 40-5-76, the driver's license of any person convicted of any violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' including, but not limited to, possession, distribution, manufacture, cultivation, sale, transfer of, trafficking in, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, transfer or traffic in a controlled substance or marijuana, or the law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, 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, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the Department of Driver Services department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction; (2) Upon the second 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

FRIDAY, MARCH 1, 2013

1653

the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and (3) Upon the third or subsequent 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, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit; (B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender shall pay a permit fee of $25.00 to the department; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or (iv) 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. At the end of five years from the date on which the license was suspended, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services department a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction."

1654

JOURNAL OF THE HOUSE

"(b) Whenever Except as provided in Code Section 40-5-76, whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 406-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender of the driver's license or on the date that the department processes the conviction or citation, whichever shall first occur." "(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his or her license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section or Code Section 40-5-76."
SECTION 13. Said article is further amended by adding a new Code section to read as follows:
"40-5-76. A judge presiding in a drug court division or mental health court division may order the department to restore a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, or issue a defendant a limited driving permit in accordance with the provisions set forth in subsections (c) and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services."
SECTION 14. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in Code Section 42-1-1, relating to definitions, by deleting paragraphs (1) and (2) and renumbering paragraphs (3) through (9) as paragraphs (1) through (7), respectively.
SECTION 15. Said title is further amended in subsection (a) of Code Section 42-8-35, relating to terms and conditions of probation, by deleting "and" at the end of paragraph (15), by replacing

FRIDAY, MARCH 1, 2013

1655

the period with "; and" at the end of paragraph (16), and by adding a new paragraph (17) to read as follows:
"(17) Pay for the cost of drug screening. The Department of Corrections shall assess and collect fees from the probationer for such screening at levels set by regulation of the Department of Corrections."
SECTION 16. This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Golick of the 40th et al. offer the following amendment:
Amend HB 349 (LC 29 5525S) by inserting after the second semicolon on line 10 the following: to clarify provisions relating to the weight or quantity of controlled substances and marijuana;
By inserting after the first semicolon on line 19 the following: to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, so as to define terms applicable to issuing medical reprieves to entirely incapacitated persons suffering a progressively debilitating terminal illness;
By replacing lines 44 and 45 with the following: (5) From an order, decision, or judgment excluding any other evidence to be used by the state at trial on any motion filed by the state or defendant at least 30 days prior to trial and ruled on prior to the impaneling of a jury or the
By replacing "48 hours" with "two days" on line 48.
By replacing line 201 with the following: (ii) The defendant did not possess or use a weapon during the crime;
By inserting between lines 252 and 253 the following: (3) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a violation of

1656

JOURNAL OF THE HOUSE

this Code section when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum.
By replacing line 290 with the following: (B) The defendant did not possess or use a weapon during the crime;
By replacing line 322 with the following: (d) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a violation of this Code section when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. (e) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to this Code
By inserting between lines 329 and 330 the following:
SECTION 5A. Said part is further amended by adding a new Code section to read as follows:
"16-13-54.1. When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant's knowledge of such weight or quantity shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the weight or quantity of the controlled substance or marijuana in order to be convicted of an offense."
By inserting between lines 679 and 680 the following:
SECTION 15A. Said title is further amended in Code Section 42-9-43, relating to information to be considered by the State Board of Pardons and Paroles generally, by redesignating subsections (b) through (e) as subsections (c) through (f), respectively, and by adding a new subsection (b) to read as follows:
"(b)(1) As used in this subsection, the term: (A) 'Debilitating terminal illness' means a disease that cannot be cured or adequately treated and that is reasonably expected to result in death within six months. (B) 'Entirely incapacitated' means an offender who: (i) Requires assistance in order to perform two or more necessary daily life functions or who is completely immobile; and (ii) Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community. (C) 'Necessary daily life function' means eating, breathing, dressing, grooming, toileting, walking, or bathing.

FRIDAY, MARCH 1, 2013

1657

(2) The board may issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness in accordance with Article IV, Section II, Paragraph II of the Constitution."

Representative Golick of the 40th et al. offer the following amendment:

Amend HB 349 (LC 29 5525S) by deleting "to amend Article 2 of Chapter 8 of Title 24 of the Official Code of Georgia Annotated, relating to admissions and confessions, so as to expand the admissibility of hearsay relative to testimony as to a child's description of sexual contact or physical abuse;" from lines 16 through 19.

By deleting lines 557 through 571 and renumbering Sections 13 through 17 as Sections 12 through 16, 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:

Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd

Y McCall Y Meadows Y Mitchell E Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish
Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley E Roberts Y Rogers, C

Y Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre
Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B E Watson, S Y Welch Y Weldon

1658

JOURNAL OF THE HOUSE

Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

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

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.

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

HB 437. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:

A BILL to be entitled an Act to provide for the selection of the chief judge of the Atlanta Judicial Circuit; to provide for terms; to provide for powers and duties; to 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 Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan

Y McCall Y Meadows Y Mitchell E Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall

Y Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites

FRIDAY, MARCH 1, 2013

1659

Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

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

On the passage of the Bill, the ayes were 163, nays 0.

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

HB 99. By Representatives Spencer of the 180th, Kidd of the 145th, Harrell of the 106th, Cooke of the 18th, Powell of the 32nd and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to change the amount of malt beverages that may be produced by a person in his or her private residence; to provide that malt beverages so produced may be transported and delivered for use at homebrew special events; to provide for the issuance of home-brew special event permits; to provide for rules and regulations to be adopted by the state revenue commissioner governing home-brew special events; to prohibit sales and limit consumption of malt beverages produced in a private residence; 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 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to change the amount of malt beverages that may be produced by a person in his or her private residence; to provide that malt beverages so produced may be transported and delivered for use at home-brew special events if certain requirements are met; to provide for the issuance of home-brew special event permits; to provide for ordinances or resolutions to be adopted by local governing authorities governing home-brew special events; to prohibit sales and limit consumption of malt beverages produced in a private residence; to amend Code Section 40-6-253 of the Official Code of Georgia Annotated, relating to the consumption

1660

JOURNAL OF THE HOUSE

of alcoholic beverage or possession of open container of alcoholic beverage in the passenger area of a motor vehicle, so as to provide that a sealed container of home-brew shall not constitute an open alcoholic beverage container; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, is amended by revising Code Section 3-5-4, relating to production of malt beverages by a head of household for consumption within own household, as follows:
"3-5-4. (a) A head of a household may produce 50 gallons of malt beverages in any one calendar year to be consumed within his or her own household without any requirement to be licensed for such purpose. No malt beverages produced under this subsection shall be sold or offered for sale. Malt beverages so produced shall not be subject to any excise tax imposed by this chapter. (b) For purposes of this Code section, a single person who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of a household.
(a)(1) Malt beverages may be produced by a person in his or her private residence subject to the limitations provided in this Code section. (2) The total quantity of malt beverages that may be produced in any private residence shall be as follows:
(A) Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or (B) Not more than 200 gallons per calendar year if there are two or more persons of legal drinking age living in such residence; provided, however, that no more than 50 gallons shall be produced in a 90 day period. (b) Except as provided for in subsection (d) of this Code section, malt beverages produced in compliance with this Code section may only be consumed at the residence where produced and only by persons of legal drinking age. (c) Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer for use at home-brew special events in a quantity not to exceed 25 gallons, provided that such malt beverages are securely sealed in one or more containers and clearly labeled with the following information: (1) The name of the producer; (2) The address of the residence at which it was produced; (3) The name and address of the home-brew special event to which it is being transported; and (4) The permit number under which the home-brew special event is being held.

FRIDAY, MARCH 1, 2013

1661

If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
(d)(1) Notwithstanding any other provision of this title to the contrary, in all counties and municipalities in which the sale of malt beverages is lawful, the local governing authority may issue a home-brew special event permit for the holding of home-brew special events, including contests, tastings, and judgings at locations not otherwise licensed under this title. The local governing authority shall specify by ordinance or resolution the events that shall qualify as home-brew special events. A home-brew special event permit shall cost $50.00 and shall be valid for not more than six events per calendar year. (2) Consumption of malt beverages at home-brew special events shall be limited solely to malt beverages produced pursuant to this Code section, and such malt beverages shall only be consumed by the participants in and judges of the home-brew special events. (3) Any local governing authority that issues home-brew special event permits shall adopt ordinances or resolutions governing home-brew special events. (e) Malt beverages produced pursuant to this Code section shall not be sold, offered for sale, or made available for consumption by the general public."
SECTION 2. Code Section 40-6-253 of the Official Code of Georgia Annotated, relating to the consumption of alcoholic beverage or possession of open container of alcoholic beverage in the passenger area of a motor vehicle, is amended by revising paragraph (2) of subsection (a) as follows:
"(2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that:
(A) Contains any amount of alcoholic beverage; and (B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed.
A bottle of wine container that has been sealed or resealed pursuant to Code Section 3-5-4 or 3-6-4 shall not constitute an open alcoholic beverage container for purposes of this Code section."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Cheokas of the 138th was excused from voting on HB 99.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

1662

JOURNAL OF THE HOUSE

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

Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell N Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart
England Epps, C Epps, J Y Evans Y Fleming Y Floyd Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Gordon Y Gravley Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell E Morgan
Morris Y Mosby E Murphy N Neal Y Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

Y Sims, C Y Smith, E
Smith, L Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner VACANT Y Waites Y Watson, B E Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 4.

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

HB 21. By Representative Oliver of the 82nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification

FRIDAY, MARCH 1, 2013

1663

of such agreements; 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 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification of such agreements; 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 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, is amended by adding a new Code section to read as follows:
"19-8-27. (a) As used in this Code section, the term 'birth relative' means:
(1) A parent, grandparent, brother, sister, half-brother, or half-sister who is related by blood or marriage to a child who is being adopted or who has been adopted; or (2) A grandparent, brother, sister, half-brother, or half-sister who is related by adoption to a child who is being adopted or who has been adopted. (b)(1) An adopting parent or parents and birth relatives or an adopting parent or parents, birth relatives, and a child who is 14 years of age or older who is being adopted or who has been adopted may voluntarily enter into a written postadoption contact agreement to permit continuing contact between such birth relatives and such child. A child who is 14 years of age or older shall be considered a party to a postadoption contact agreement. (2) A postadoption contact agreement may provide for privileges regarding a child who is being adopted or who has been adopted, including, but not limited to, visitation with such child, contact with such child, sharing of information about such child, or sharing of information about birth relatives. (3) In order to be an enforceable postadoption contact agreement, such agreement shall be in writing and signed by all of the parties to such agreement acknowledging their consent to its terms and conditions. (4) Enforcement, modification, or termination of a postadoption contact agreement shall be under the continuing jurisdiction of the court that granted the petition of adoption; provided, however, that the parties to a postadoption contact agreement may

1664

JOURNAL OF THE HOUSE

expressly waive the right to enforce, modify, or terminate such agreement under this Code section. (5) Any party to the postadoption contact agreement may, at any time, file the original postadoption contact agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement. (c) A postadoption contact agreement shall contain the following warnings in at least 14 point boldface type: (1) After the entry of a decree for adoption, an adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement; and (2) A disagreement between the parties or litigation brought to enforce, terminate, or modify this agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child. (d)(1) As used in this subsection, the term 'parties' means the individuals who signed the postadoption contact agreement currently in effect, including the child if he or she is 14 years of age or older at the time of the action regarding such agreement, but such term shall exclude any third-party beneficiary to such agreement. (2) A postadoption contact agreement may always be modified or terminated if the parties have voluntarily signed a written modified postadoption contact agreement or termination of a postadoption contact agreement. A modified postadoption contact agreement may be filed with the court if such agreement provides for the court to enforce such agreement. (e) With respect to postadoption contact agreements that provide for court enforcement or termination or are silent as to such matters, any party, as defined in paragraph (1) of subsection (d) of this Code section, may file a petition to enforce or terminate such agreement with the court that granted the petition of adoption, and the court shall enforce the terms of such agreement or terminate such agreement if such court finds by a preponderance of the evidence that the enforcement or termination is necessary to serve the best interests of the child. (f) With respect to postadoption contact agreements that provide for court modification or are silent as to modification, only the adopting parent or parents may file a petition seeking modification. Such petition shall be filed with the court that granted the petition of adoption, and the court shall modify such agreement if such court finds by a preponderance of the evidence that the modification is necessary to serve the best interests of the child and there has been a substantial change of circumstances since the current postadoption contact agreement was executed. (g) A court may require the party seeking modification, termination, or enforcement of a postadoption contact agreement to participate in mediation or other appropriate alternative dispute resolution. (h) All reasonable costs and expenses of mediation, alternative dispute resolution, and litigation shall be borne by the party, other than the child, filing the action to enforce, modify, or terminate a postadoption contact agreement when no party has been found

FRIDAY, MARCH 1, 2013

1665

by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing postadoption contact agreement shall bear all the costs and expenses of mediation, alternative dispute resolution, and litigation of the other party. (i) A court shall not set aside a decree of adoption, rescind a surrender, or modify an order to terminate parental rights or any other prior court order because of the failure of an adoptive parent, a birth relative, or the child to comply with any or all of the original terms of, or subsequent modifications to, a postadoption contact agreement."

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 Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson N Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart Y England Y Epps, C N Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra

Y McCall Y Meadows Y Mitchell E Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons N Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler

Y Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B E Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C

1666

JOURNAL OF THE HOUSE

Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gordon Y Gravley
Greene Y Gregory

Y Marin Y Martin Y Maxwell Y Mayo

Y Sharper Y Shaw Y Sheldon E Sims, B

Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 3.

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

HB 441. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:

A BILL to be entitled an Act to provide for the administration of the budget of the Superior Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; 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 Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J
Jones, L Y Jones, S Y Jordan

Y McCall Y Meadows Y Mitchell E Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites

FRIDAY, MARCH 1, 2013

1667

Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

Y Watson, B E Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

The following Resolution of the House was read:

HR 548. 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 2013 regular session of the General Assembly for the period of Tuesday, March 5, 2013, through Wednesday, March 20, 2013, shall be as follows:

Tuesday, March 5 ......................................................................in session for legislative day 29 Wednesday, March 6 ........................................................................................... in adjournment Thursday, March 7 ....................................................................in session for legislative day 30 Friday, March 8 through Sunday, March 10 ....................................................... in adjournment Monday, March 11 ....................................................................in session for legislative day 31 Tuesday, March 12 ....................................................................in session for legislative day 32 Wednesday, March 13...............................................................in session for legislative day 33 Thursday, March 14 ..................................................................in session for legislative day 34 Friday, March 15 through Tuesday, March 19....................................................in adjournment Wednesday, March 20...............................................................in session for legislative day 35

BE IT FURTHER RESOLVED that on and after March 20, 2013, the periods of adjournment of the 2013 regular session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by

1668

JOURNAL OF THE HOUSE

subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday.

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

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

Y Abrams Y Alexander E Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston
Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell E Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley E Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon E Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M E Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton E Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B E Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution was adopted.

FRIDAY, MARCH 1, 2013

1669

By unanimous consent, HR 548 was ordered immediately transmitted to the Senate.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 553. By Representatives Teasley of the 37th, Roberts of the 155th, Rice of the 95th, Duncan of the 26th, Brockway of the 102nd and others:
A RESOLUTION commending Chipper Jones, recognizing March 5, 2013, as Chipper Jones Day at the capitol, and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 192. By Representatives Fludd of the 64th and Mabra of the 63rd:
A RESOLUTION commending the Sandy Creek High School football team on their 2012 GHSA Class AAAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 505. By Representatives Willard of the 51st, Lindsey of the 54th, Wilkinson of the 52nd and Jacobs of the 80th:
A RESOLUTION recognizing and commending the Sandy Springs Bar Association and inviting members to be recognized by the House of Representatives; and for other purposes.
HR 514. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st and Watson of the 166th:
A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Brendan T. Sheehan and the Grand Marshal of the 2013 St. Patrick's Day Parade, James A. Ray on the upcoming occasion of the 2013 St. Patrick's Day Parade in Savannah, Georgia and inviting them to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 554. By Representatives Lindsey of the 54th, Jones of the 47th, Talton of the 147th, Holcomb of the 81st, Chandler of the 105th and others:

1670

JOURNAL OF THE HOUSE

A RESOLUTION commending the Governor's Honors Program and recognizing March 1, 2013, as GHP Legislative Appreciation Day at the capitol; and for other purposes.
HR 555. By Representative Kelley of the 16th:
A RESOLUTION recognizing Colt Chambers; and for other purposes.
HR 556. By Representative Kelley of the 16th:
A RESOLUTION recognizing March 16, 2013 as Welsh Heritage Day in Georgia; and for other purposes.
HR 557. By Representative Buckner of the 137th:
A RESOLUTION honoring and celebrating the 90th birthday of Mrs. Alice Neisler; and for other purposes.
HR 558. By Representatives Pruett of the 149th, England of the 116th, McCall of the 33rd, Setzler of the 35th, Hitchens of the 161st and others:
A RESOLUTION commending school districts participating in the Farm to School 5 Million Meals Campaign; and for other purposes.
HR 559. By Representative Neal of the 2nd:
A RESOLUTION recognizing and commending the Gordon Lee High School wrestling team on their outstanding 2012 season; and for other purposes.
HR 560. By Representative Floyd of the 99th:
A RESOLUTION recognizing and commending Sam Clark; and for other purposes.
HR 561. By Representative Hill of the 22nd:
A RESOLUTION recognizing March 13, 2013, as Civil Air Patrol Day at the capitol and commending the volunteers of the Civil Air Patrol for their service to the citizens of Georgia; and for other purposes.

FRIDAY, MARCH 1, 2013

1671

HR 562. By Representatives Evans of the 42nd and Golick of the 40th:
A RESOLUTION congratulating Ms. Angie Bolton, the recipient of the 2013 Mrs. Lyndon B. Johnson Volunteer of the Year award; and for other purposes.
HR 563. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Lumsden of the 12th, Talton of the 147th and others:
A RESOLUTION recognizing and commending Dr. Archie Rainey, Director of Georgia's Law Enforcement Command College at Columbus State University; and for other purposes.
HR 564. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Lumsden of the 12th, Talton of the 147th and others:
A RESOLUTION recognizing and commending Deputy Jason Michael Ross; and for other purposes.
HR 565. By Representatives Lindsey of the 54th, Golick of the 40th and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Matthew P. Hennessy; and for other purposes.
HR 566. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Bruce of the 61st, Abrams of the 89th, Jordan of the 77th and others:
A RESOLUTION recognizing and commending Steve Holman on his outstanding achievements; and for other purposes.
HR 567. By Representatives Scott of the 76th, Stovall of the 74th, Douglas of the 78th, Jordan of the 77th and Waites of the 60th:
A RESOLUTION commending Mr. Glen Perdew, Thurgood Marshall Elementary School's 2012-2013 Teacher of the Year; and for other purposes.
HR 568. By Representatives Scott of the 76th, Jordan of the 77th, Douglas of the 78th and Waites of the 60th:
A RESOLUTION commending Mrs. LaTashia Robinson, Fairview Elementary School's 2012-2013 Teacher of the Year; and for other purposes.

1672

JOURNAL OF THE HOUSE

HR 569. By Representatives Scott of the 76th, Waites of the 60th, Jordan of the 77th and Douglas of the 78th:
A RESOLUTION honoring the life and memory of Mr. Roosevelt Curry, Jr.; and for other purposes.
Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 490 Do Pass
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Parsons of the 44th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Energy, Utilities, and Telecommunications has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 176 Do Pass, by Substitute
Respectfully submitted, /s/ Parsons of the 44th
Chairman
Representative Rice of the 95th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:

FRIDAY, MARCH 1, 2013

1673

Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 463 Do Pass
Respectfully submitted, /s/ Rice of the 95th
Chairman
Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 497 Do Pass
Respectfully submitted, /s/ Powell of the 32nd
Chairman
Representative Rogers of the 10th District, Vice-Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 473 Do Pass
Respectfully submitted, /s/ Rogers of the 10th
Vice-Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, A.M. Monday, March 4, 2013.

1674

JOURNAL OF THE HOUSE

The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M. Monday, March 4, 2013.

MONDAY, MARCH 4, 2013

1675

Representative Hall, Atlanta, Georgia
Monday, March 4, 2013
Twenty-Eighth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Reverend Dr. Victor J. Belton, Senior Pastor, Peace Lutheran Church, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, 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.
The Journal was confirmed.
By unanimous consent, the reading of the Journal was dispensed with.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 522. By Representatives Rutledge of the 109th, Douglas of the 78th, Scott of the 76th, Stephenson of the 90th and Knight of the 130th:

1676

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the name of the authority; to change the provisions relating to powers of the authority; to establish the power of the authority to implement programs and regulations for water quality protection, watershed protection, and water conservation; to establish the power of the authority to enter into intergovernmental agreements with respect to water and sewer services; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 523. By Representatives Clark of the 98th, Randall of the 142nd, Barr of the 103rd, Lindsey of the 54th, Gasaway of the 28th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions pertaining to torts, so as to establish immunity from liability for injury or death related to skydiving; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 524. By Representative Brockway of the 102nd:
A BILL to be entitled an Act to amend Code Section 19-8-23 of the Official Code of Georgia Annotated, relating to adoption records, and Code Section 31-10-14 of the Official Code of Georgia Annotated, relating to issuance of a new birth certificate following adoption, legitimation, or paternity determination, so as to provide for the issuance of a copy of an original birth certificate to certain adult persons who were adopted; to conform a provision sealing records relating to adoptions; to provide for a fee and a waiting period; to provide for the form of such copy; to provide for a contact preference form to indicate a birth parent's desire or lack of desire to be contacted; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HR 551. By Representatives Dawkins-Haigler of the 91st, Williams of the 168th, Brooks of the 55th, Stephens of the 165th, Gordon of the 163rd and others:

MONDAY, MARCH 4, 2013

1677

A RESOLUTION creating the House Study Committee on the Preservation of Sapelo Island; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 552. By Representatives Chandler of the 105th, Coleman of the 97th, Casas of the 107th, Pak of the 108th, Hill of the 22nd and others:
A RESOLUTION requesting the implementation of comprehensive school counseling programs for Georgia students; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 536. By Representatives Sims of the 169th and Carson of the 46th:
A BILL to be entitled an Act to amend Code Section 36-15-11 of the Official Code of Georgia Annotated, relating to receipt and disbursement of funds for county law libraries by counties having population of 950,000 or more, so as to repeal and reserve such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 537. By Representatives Sims of the 169th and Carson of the 46th:
A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of local board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other elective offices, so as to repeal a population provision prohibiting certain members of county boards of education from holding other offices; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 538. By Representatives Sims of the 169th and Carson of the 46th:
A BILL to be entitled an Act to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of

1678

JOURNAL OF THE HOUSE

health, so as to repeal a provision based upon population relative to the superintendent of the largest municipal school system in certain counties serving on the county board of health ex officio; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 539. By Representatives Sims of the 169th and Carson of the 46th:
A BILL to be entitled an Act to amend Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions relative to campus police officers, so as to repeal a portion of a definition based upon population classification; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 540. By Representatives Sims of the 169th and Carson of the 46th:
A BILL to be entitled an Act to repeal an Act to provide in all counties of 500,000 or more population according to the United States Census of 1960 or any future United States Census that the pension board of the board of education in such counties shall recompute the pension paid to those teachers and employees who had retired as a matter of right prior to April 1, 1955, and who had been awarded a basic pension for 20 years of service, approved March 21, 1963 (Ga. L. 1963, p. 2469); to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to repeal an Act to provide in all counties of 500,000 or more population according to the United States Census of 1960 or any future United States Census that the pension board of the board of education in such counties shall recompute the pension paid to those teachers and employees who had retired as a matter of right prior to April 1, 1955, and who had been awarded a basic pension for 20 years of service, approved March 21, 1963 (Ga. L. 1963, p. 2469); to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

MONDAY, MARCH 4, 2013

1679

HR 603. By Representatives Dempsey of the 13th, Cooper of the 43rd and Watson of the 166th:

A RESOLUTION directing the Department of Community Health to collect and report certain data relating to bariatric surgical procedures; and for other purposes.

Referred to the Committee on Health & Human Services.

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

HB 510 HB 514 HB 516 HB 518 HB 520 HR 528 HR 530 HR 532 HR 549 SB 10 SB 140 SB 199

HB 511 HB 515 HB 517 HB 519 HB 521 HR 529 HR 531 HR 547 HR 550 SB 128 SB 142 SR 413

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

Mr. Speaker:

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

HB 224 HB 444 HB 472

Do Pass, by Substitute Do Pass Do Pass

HB 435 Do Pass HB 471 Do Pass

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

1680

JOURNAL OF THE HOUSE

Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 407 Do Pass, by Substitute HB 480 Do Pass
Respectfully submitted, /s/ Golick of the 40th
Chairman
Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 402 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 70th
Chairman
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 465 Do Pass HR 553 Do Pass
Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:

MONDAY, MARCH 4, 2013

1681

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

HB 196 Do Pass, by Substitute HB 501 Do Pass

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

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

Alexander Allison E Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell E Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V Coleman

Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton E Ehrhart England Epps, J E Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Gregory

Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard E Hugley Jackson Jacobs Jasperse Jones, J E Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Lindsey Lumsden Mabra Marin Martin Maxwell

Mayo McCall Meadows Mitchell E Morgan E Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Rice Riley Roberts E Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon

Sims, B Sims, C Smith, E Smith, L Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

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

1682

JOURNAL OF THE HOUSE

Representatives Dollar of the 45th, Epps of the 132nd, Floyd of the 99th, Morris of the 156th, Mosby of the 83rd, Smith of the 41st, Smyre of the 135th, and Weldon of the 3rd.

They wished to be recorded as present.

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

HOUSE RULES CALENDAR MONDAY, MARCH 4, 2013
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

Open Rule None

DEBATE CALENDAR

Modified Open Rule

HB 36 HB 94 HB 139 HB 192
HB 207 HB 229 HB 256 HB 268 HB 271 HB 297 HB 332

Game and fish; definition of "game fish"; revise (GF&P-Watson-166th) Damages; reduction of earnings to present value; change provisions (Substitute)(Judy-Welch-110th) Sheriffs; general qualification requirements; revise (Substitute)(JudyHamilton-24th) Podiatry; podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; provide (Substitute)(H&HS-Kidd-145th) Licenses; issuance of a special turkey-hunting permit for young and mobility impaired hunters; authorize (Substitute)(GF&P-Shaw-176th) Insurance; removing the insurer annual publication requirement; provide (Substitute)(Ins-Teasley-37th) Tobacco; regulation of cigar wraps; provide (JuvJ-Harbin-122nd) Agricultural products dealers; cotton and eggs from definition of "agricultural products"; remove (Substitute)(A&CA-Harden-148th) Individual's criminal history record information; revise definitions (Substitute)(JudyNC-Neal-2nd) State wild flower; designate the native azalea (A&CA-Buckner-137th) Georgia Board of Nursing; reconstitute; provisions (Substitute)(H&HSWilliamson-115th)

MONDAY, MARCH 4, 2013

1683

HB 337 HB 345

Elementary and secondary education; public and private schools to stock supply of auto-injectable epinephrine; authorize (Ed-Fleming-121st) Teachers Retirement System of Georgia; clarify and consolidate the definitions of the term "teacher" (Ret-Benton-31st)

Modified Structured Rule

HB 45 HB 124
HB 125
HB 131
HB 146 HB 199 HB 296 HB 310 HB 317 HB 350 HB 354

Public property; writing off small amounts due to the state; change certain provisions (App-Ehrhart-36th) Local elections; votes cast for disapproval of Sunday alcohol sales by retailers shall not nullify prior election results; provide (Substitute)(RegIHarrell-106th) Lawful presence; certain affidavit for persons under 18 years of age to be executed after attaining the age of 18; provide (Substitute)(JudyNCHightower-68th) HOPE; dual credit courses; treated the same as advanced placement and international baccalaureate courses for determining eligibility; provide (Substitute)(HEd-Clark-101st) Criminal procedure; the issuance of arrest and search warrants by video conference; change provisions (JudyNC-Weldon-3rd) Georgia Environmental Finance Authority; expand Georgia Reservoir Fund (Substitute)(NR&E-Lindsey-54th) Motor vehicles; authorized to receive registration records; add certain persons (Substitute)(GAff-Powell-32nd) Elections; ethics in government; revise definitions; provisions (Substitute)(Eth-Wilkinson-52nd) Medical Practice Act of the State of Georgia; administrative medicine licenses; provide (H&HS-Cooper-43rd) Group-care facility operators; persons otherwise issued licenses as provided by law; provide exceptions (Substitute)(JudyNC-Peake-141st) Early Care and Learning, Department of; provide certain information to owners of early care and education programs; require (Substitute)(EdClark-101st)

Pursuant to Rule 33.3, debate shall be limited to no longer than one hour each on HB 361 and HB 362. Time to be allocated at the discretion of the Speaker.

HB 361 HB 362

Labor organizations membership; provide for definitions; provisions (Substitute)(I&L-Lindsey-54th) Public works contracts; governmental entities and Department of Administrative Services; provide certain contracting and bidding requirements (I&L-Lindsey-54th)

1684

JOURNAL OF THE HOUSE

HB 365

Safety belts; definition of the term "passenger vehicle" to which the safety belt law applies; modify (Substitute)(MotV-Hitchens-161st)

Structured Rule

HB 34

Income tax credit; clean energy property; include certain commercial geothermal heat pumps (W&M-Parsons-44th)

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

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

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

HB 224. By Representatives Sims of the 169th and Roberts of the 155th:

A BILL to be entitled an Act to reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities of the chairperson, a vice chairperson, and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, and compensation and expenses of commissioners; to provide for submission for approval pursuant to the federal Voting Rights Act of 1965; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities of the chairperson, a vice chairperson,

MONDAY, MARCH 4, 2013

1685

and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county administrator, a clerk, minutes, and compensation and expenses of commissioners; to provide for submission for approval pursuant to the federal Voting Rights Act of 1965; to provide for severability; to provide for an effective date; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The laws pertaining to the governing authority of Coffee County shall be superseded by this Act to reestablish the Board of Commissioners of Coffee County as follows:
"SECTION 1. Board established.
The Board of Commissioners of Coffee County ('the board') which existed on January 1, 2013, is continued in existence as the governing authority of Coffee County but on and after July 1, 2013, shall be constituted as provided in this Act. The Board of Commissioners of Coffee County so continued and constituted 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. Duties and responsibilities.
The board shall have the power and authority to fix and establish by appropriate resolution entered on its minutes policies, rules, and regulations governing all matters reserved to the jurisdiction of the board. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board, shall be conclusive and binding. The board shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To fix fees; (3) To make appropriations; (4) To fix rates and charges for services provided by the county; (5) To authorize the incurring of indebtedness; (6) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (7) To authorize and provide for the execution of contracts;

1686

JOURNAL OF THE HOUSE

(8) To establish, alter, open, close, build, repair, or abolish public roads and bridges, according to law; provided, however, that the chairperson shall have the authority to adopt subdivision plats when the requirement established by the board for subdivisions is met; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duties, and authority in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds or other matters as authorized by law; (16) To appoint retained legal counsel and an independent county auditor and provide for their compensation; (17) To appoint and employ a county administrator for the purpose of administering the day-to-day routine operations of the county and to provide for his or her compensation; (18) To appoint members of the Coffee County Board of Elections and Registration as provided by a separate Act to create a board of elections and registration for Coffee County and any amendments thereto; (19) To appoint and employ an emergency management director as determined necessary by the board and to provide for his or her compensation; (20) To appoint, select, and employ officers, agents, and employees and to fix their compensation unless hired by the county administrator; (21) To exercise all of the power and authority which is or may be vested in the board by the Constitution or laws of this state; and (22) To exercise all power and authority formerly vested in the board.
SECTION 3. Election of board members and districts established.
(a) Those members of the Board of Commissioners of Coffee County who are serving as such on December 31, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Commissioners of Coffee County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (b) of this section. (b) For purposes of electing members of the board of commissioners, Coffee County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to

MONDAY, MARCH 4, 2013

1687

those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: coffeeccsb-2012 Plan Type: local Administrator: coffee User: bak'. (c) When used in such attachment, the terms 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Coffee County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Coffee County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (d) 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. (e) 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 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 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. (f) The members of the reconstituted board shall be elected as provided in this subsection. The first members of the board elected under this Act shall be elected at the November 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 members of the board elected thereto from Commissioner Districts 2, 4, and 5 in November, 2016 shall take office the first day of January immediately

1688

JOURNAL OF THE HOUSE

following that election and shall serve for initial terms of office which expire December 31, 2020, 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. (g) 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.' (h) Commissioner Districts 1 through 5, as they existed on January 1, 2013, shall continue to be designated as Commissioner Districts 1 through 5, respectively, but as newly described under this Act, and on and after January 1, 2013, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.
SECTION 4. Vacancies.
When a vacancy occurs on the board under the laws of this state and the unexpired term of office exceeds six months in duration, it shall be the duty of the election superintendent of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by the Georgia Election Code, and the cost of the election shall be defrayed by proper county authorities. If the unexpired term to be filled is six months or less in duration in the case of the term of a board member, the chairperson shall nominate and the board shall approve a successor to fill the unexpired term, and in the case of the term of the chairperson, the remaining members of the board shall elect a successor to fill the unexpired term of the chairperson. Persons elected or appointed to fill a vacancy in office shall serve out the unexpired term and until a successor is elected and qualified.
SECTION 5. Meetings.
(a) The board shall hold a minimum of one regular meeting per month for the transaction of business as may legitimately come before it. The board may convene in special meetings on the call of the chairperson, as the business of the board may require. The board members may at any time convene a special meeting of the board upon call by any one of them as the business of the board may require, provided the chairperson is unable or fails to call such meeting upon request. (b) The chairperson and any two board members shall constitute a quorum. In the absence of the chairperson, three board members shall constitute a quorum. Unless

MONDAY, MARCH 4, 2013

1689

expressed otherwise in any law, rule, or ordinance, a decision of the board may be made by majority vote of a quorum of the board. (c) The board shall cause minutes of its meetings to be kept in accordance with the laws of this state.
SECTION 6. Chairperson.
(a) The board shall elect one of the board members to serve as chairperson. The chairperson shall be the official head of the board. The chairperson shall serve for a term of one year from January 1 through December 31 of each year. (b) No person shall serve as chairperson or vice chairperson unless he or she has satisfactorily completed all annual training and education requirements. (c) The chairperson shall cause an agenda to be established for and preside at all meetings of the board unless absent. The chairperson shall have all the rights, powers, duties, and responsibilities of a member of the board, including the right and power to make motions and nominations and the right to vote on matters before the board. The chairperson may serve as a member of boards, commissions, and committees required by law or requested by the board and shall perform such other duties as may be required by law.
SECTION 7. Vice chairperson.
The board shall elect one of the board members to serve as vice chairperson in the same manner and for the same term as the chairperson. The vice chairperson shall cause an agenda to be established for and preside at all meetings at which the chairperson is absent. In such event, the vice chairperson shall retain all of his or her rights, duties, powers, and responsibilities as a member of the board of commissioners, including the right to make motions and to vote on matters before the board.
SECTION 8. Oath, surety bond, conflicts of interest.
(a) Before entering upon the discharge of their duties, the chairperson and other board members shall subscribe to an oath for the true and faithful performance of their duties and that they are not the holders of any unaccounted for public funds. (b) The chairperson shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Coffee County, and payable to the judge of the Probate Court of Coffee County and filed in the office of the judge of the Probate Court of Coffee County, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each board member shall give like bond in the sum of $25,000.00. The costs of such bonds shall be paid from county funds.

1690

JOURNAL OF THE HOUSE

(c) No county official or employee shall employ an immediate family member in a position that is directly supervised by him or her. As used in this subsection, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.
SECTION 9. County budget and audits.
(a) The board shall adopt and operate under annual budgets in accordance with the laws of this state. (b) The board shall provide for and cause to be made annual audits in accordance with the laws of this state.
SECTION 10. County administrator.
(a) The board shall create in and for Coffee County the office of county administrator and vest in such office powers, duties, and responsibilities of an administrative nature in accordance with the laws of this state. The county administrator shall be the chief executive officer of Coffee County and shall be responsible to the board for the proper and efficient administration of all affairs of the county, except as otherwise provided by law. It shall be the duty of the county administrator to:
(1) See that all laws and ordinances of the county are enforced; (2) Exercise control over all departments or divisions of the county which the board has exercised prior to the effective date of this Act or that may be created, except as otherwise provided in this Act; (3) Keep the board fully advised as to the financial condition and needs of the county; (4) Supervise and direct the official conduct of all appointed county officers and department heads, except as may be otherwise provided in this Act; (5) Establish and alter the internal organization of the county government after consultation with the board; (6) Attend all meetings of the board with the right to take part in the discussions, provided that the county administrator shall have no vote on any matter or issue before the board; (7) Supervise the performance of all contracts made by any person for work done for Coffee County and supervise and regulate all purchases of materials and supplies for Coffee County within such limitations and under such rules, regulations, and delegations of authority as may be imposed by the board in the county purchasing ordinance, by resolution, or by contract; (8) Confer with and advise all other elected or appointed officials of Coffee County who are not under the immediate control of the board but who receive financial support from the board;

MONDAY, MARCH 4, 2013

1691

(9) Exercise the authority to countersign with the chairperson or, in his or her absence, the vice chairperson, all payroll checks for employees of Coffee County and such other financial instruments as the board may by resolution delegate to the county administrator; and (10) Perform such other duties as may be required of him or her by the board. (b) The county administrator shall have authority to appoint and fix the compensation of the appointed officers and employees of Coffee County subject to the following limitations and requirements: (1) The person appointed as an officer or employee shall have the qualifications necessary for the office or position; and (2) The compensation fixed by the county administrator shall be within the approved county budget. (c) The county administrator shall have authority to appoint a deputy or other assistants and department directors and execute employment agreements with them in his or her discretion in accordance with guidelines set by the board and subject to the approval of the county attorney. (d) The county administrator shall have authority to discharge any employee consistent with merit system rules and regulations, if applicable, and authority to discharge the deputy county administrator or any department director following consultation with the board and the county attorney. (e) The provisions of this section shall not apply to: (1) The county attorney, retained legal counsel, and the external county auditor; provided, however, that the county administrator may fix the compensation of the county attorney in consultation with the board; (2) Members of boards, commissions, and authorities, and positions of employment in connection therewith, when such boards, commissions, and authorities were created by state law or appointed by the board; or (3) Elected county officers of Coffee County and employees under their supervision and control; provided, however, that the board by majority vote may approve or reject the salary recommended for each such employee. (f) The county administrator, before entering upon the discharge of his or her duties, shall execute a bond with a solvent surety company licensed to do business in the county in an amount to be approved by the board but no less than $100,000.00 payable to the county conditioned on the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures. The premium on said bond shall be paid by the county. The bond shall be delivered to the board within five days of the county administrator's assuming his or her duties and, upon receipt, shall be filed by the county clerk with the Probate Court of Coffee County. (g) Before entering upon his or her duties, the county administrator shall take and subscribe an oath administered by the judge of the probate court for the faithful performance of his or her duties under this Act which shall be duly entered upon the minutes of the board.

1692

JOURNAL OF THE HOUSE

(h) The county administrator shall not engage in or be concerned with local partisan politics or any local political campaign. The county administrator shall not contribute to any local campaign fund or solicit funds for local political purposes from any other person. He or she shall not be eligible for election as a member of the board of commissioners of the county for a period of one year after termination of his or her service as county administrator.
SECTION 11. County clerk.
The board shall appoint a clerk in and for Coffee County consistent with the laws of this state. The clerk shall be a resident of Coffee County. Before entering upon the discharge of his or her duties, the clerk shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Coffee County, and payable to the judge of the Probate Court of Coffee County and filed in the office of the judge of the Probate Court of Coffee County, in the sum of $50,000.00, conditioned upon the faithful performance of his or her duties as clerk and to account for any and all funds, property, or effects which may come into his or her hands as clerk or otherwise. The costs of such bond shall be paid from county funds.
SECTION 12. Salaries, compensation, and expenses.
Salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board serving on the effective date of this Act are currently entitled shall continue in full force and effect. Salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board are thereafter entitled shall be fixed pursuant to the laws of this state."
SECTION 2. The governing authority of Coffee 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 on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

MONDAY, MARCH 4, 2013

1693

SECTION 4. In the event any provision of this Act is unconstitutional or cannot be implemented under federal law, the remaining provisions of this Act shall remain valid and of full force and effect.
SECTION 5. The Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), and all amendments thereto, and any Act establishing the Board of Commissioners of Coffee County prior to 1937, and all amendments thereto, and an Act Replacing the Office of Commissioner, approved February 21, 1951 (Ga. L. 1951, p. 1294) and all amendments thereto, and all other laws and parts of laws in conflict 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 435. By Representatives Willard of the 51st, Lindsey of the 54th, Jones of the 47th, Geisinger of the 48th, Martin of the 49th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3537), so as to change the compensation of the chief judge of the court; to provide for duties of the chief judge; 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 444. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Rice of the 95th and others:
A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to increase the amount of such supplement for the judges of the superior court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1694

JOURNAL OF THE HOUSE

HB 471. By Representatives Meadows of the 5th and Jasperse of the 11th:

A BILL to be entitled an Act to authorize the governing authority of the City of Calhoun 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 472. By Representatives Meadows of the 5th and Jasperse of the 11th:

A BILL to be entitled an Act to authorize the governing authority of Gordon County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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:

N Abrams N Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague N Bell E Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks N Bruce Y Bryant Y Buckner

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England
Epps, C Y Epps, J E Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L N Jones, S

Y McCall Y Meadows Y Mitchell E Morgan
Morris Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey

Y Sims, C Y Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer
Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T
Teasley Thomas, A.M. Y Thomas, B Y Turner VACANT

MONDAY, MARCH 4, 2013

1695

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Floyd Y Fludd N Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Randall Y Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 143, nays 11.

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

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

Mr. Speaker:

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

SB 122. By Senators Hill of the 6th, Chance of the 16th, Staton of the 18th, Shafer of the 48th, Carter of the 42nd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to authorize the issuance of a temporary driving permit to a noncitizen applicant whose Georgia driver's license has expired, or will expire, who has filed a request for an extension to remain lawfully within the United States; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 136. By Senators Miller of the 49th, Unterman of the 45th, Murphy of the 27th, Sims of the 12th, Tolleson of the 20th and others:

A BILL to be entitled an Act to amend Title 27 and Chapter 7 of Title 52 of the O.C.G.A., relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

1696

JOURNAL OF THE HOUSE

SB 201. By Senator Gooch of the 51st:
A BILL to be entitled an Act to provide a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, excluding certain retirement income, does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 340. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), so as to provide for four-year terms for the mayor and city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 548. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 122. By Senators Hill of the 6th, Chance of the 16th, Staton of the 18th, Shafer of the 48th, Carter of the 42nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to authorize the issuance of a temporary driving permit to a noncitizen applicant whose Georgia driver's license has expired, or will expire, who has filed a request for an extension to remain lawfully within the United States; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

MONDAY, MARCH 4, 2013

1697

SB 136. By Senators Miller of the 49th, Unterman of the 45th, Murphy of the 27th, Sims of the 12th, Tolleson of the 20th and others:
A BILL to be entitled an Act to amend Title 27 and Chapter 7 of Title 52 of the O.C.G.A., relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
SB 201. By Senator Gooch of the 51st:
A BILL to be entitled an Act to provide a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, excluding certain retirement income, does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Neal of the 2nd, Tankersley of the 160th, Kirby of the 114th, Dempsey of the 13th, and Fullerton of the 153rd.
Pursuant to HR 505, the House recognized and commended the Sandy Springs Bar Association and invited members to be recognized by the House of Representatives.
Pursuant to HR 192, the House commended the Sandy Creek High School football team on their 2012 GHSA Class AAAA State Championship and invited them to be recognized by the House of Representatives.
Pursuant to HR 514, the House recognized and honored the members of the St. Patrick's Day Parade Committee, Chairman Brendan T. Sheehan and the Grand Marshal of the 2013 St. Patrick's Day Parade, James A. Ray on the upcoming occasion of the 2013

1698

JOURNAL OF THE HOUSE

St. Patrick's Day Parade in Savannah, Georgia and invited them to appear before the House of Representatives.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means:
HB 272. By Representatives Peake of the 141st, Lindsey of the 54th, Dudgeon of the 25th, Williamson of the 115th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.30 of the Official Code of Georgia Annotated, relating to an income tax credit for certain qualified investments for a limited period of time, so as to extend such income tax credit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Human Relations & Aging:
HB 290. By Representatives Dempsey of the 13th, Benton of the 31st, Clark of the 101st, Brockway of the 102nd, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to allow employees to use sick leave for the care of immediate family members; to provide for definitions; to provide for conditions to take leave; to provide that retaliatory actions are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 127. By Representatives Powell of the 171st, Meadows of the 5th, England of the 116th, Hamilton of the 24th, Nix of the 69th and others:
A BILL to be entitled an Act to amend Titles 45, 12, and 15 of the Official Code of Georgia Annotated, relating to public officers 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

MONDAY, MARCH 4, 2013

1699

limitations; to provide for corresponding changes; 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 Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Randall Y Rice Y Riley Y Roberts E Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

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

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

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

1700

JOURNAL OF THE HOUSE

HB 34. By Representatives Parsons of the 44th and Smith of the 134th:

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 with the definition of the term 'clean energy property'; to provide for related matters; to repeal conflicting laws; and for other purposes.

Pursuant to Rule 133, Representative Pezold of the 133rd was excused from voting on HB 34.

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:

Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr
Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson
Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Cooper
E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra Y Marin
Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake
Pezold Y Powell, A Y Powell, J
Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

MONDAY, MARCH 4, 2013

1701

On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 310. By Representative Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to revise definitions; to provide for the method of filing certain disclosure reports; to provide for the method of notifying candidates of late fees due; to eliminate the grace period on certain reports; to provide for the notice of dissolution of a campaign or committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to revise definitions; to provide for the method of filing certain disclosure reports; to provide for the method of notifying candidates of late fees due; to eliminate the grace period on certain reports; to provide for the notice of dissolution of a campaign or committee; 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 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by revising paragraphs (18) and (22) of Code Section 21-5-3, relating to definitions, as follows:
"(18) 'Ordinary and necessary expenses' shall include, but shall not be limited to, expenditures made during the reporting period for qualifying fees, office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, repayment of any loans received except as restricted under subsection (i) of Code Section 21-541, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, attorney fees connected to and in the furtherance of the campaign, and all other expenditures contemplated in Code Section 21-5-33." "(22) 'Public officer' means:
(A) Every constitutional officer;

1702

JOURNAL OF THE HOUSE

(B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board, commission, council, or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official."
SECTION 2. Said chapter is further amended by revising Code Section 21-5-34, relating to disclosure reports, as follows:
"21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, state-wide proposed question, or state-wide referendum shall electronically sign and file with the commission the required campaign contribution disclosure reports. (B) The chairperson or treasurer of each independent committee shall file the required disclosure reports with the commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state shall register with the commission and file campaign contribution disclosure reports as prescribed by this chapter; provided, however, that such reports shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums shall identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be electronically filed with the commission. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the election year.
(b)(1) All reports shall list the following: (A) As to any contribution of more than $100.00, its amount and date of receipt, the election for which the contribution has been accepted and allocated, along with the name and mailing address of the contributor, and, if the contributor is an individual, that individual's occupation and the name of his or her employer. Such

MONDAY, MARCH 4, 2013

1703

contributions shall include, but shall not be limited to, the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting person; (B) As to any expenditure of more than $100.00, its amount and date of expenditure, the name and mailing address of the recipient receiving the expenditure, and, if that recipient is an individual, that individual's occupation and the name of his or her employer and the general purpose of the expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures shall be reported for an election cycle as follows:
(i) The first report of an election cycle shall list the cash on hand brought forward from the previous election cycle, if any, and the total contributions received during the period covered by the report; (ii) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the election cycle; (iii) The first report of an election cycle shall list the total expenditures made during the period covered by the report; (iv) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the election cycle, and net balance on hand; and (v) If a public officer seeks reelection to the same public office, or if the public officer is a member of the General Assembly seeking reelection in another district as a result of redistricting, the net balance on hand at the end of the current election cycle shall be carried forward to the first report of the applicable new election cycle; (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of more than $100.00; (F) Any investment made with funds of a campaign committee, independent committee, or political action committee and held outside such committee's official depository account during each reporting period for which an investment exists or a transaction applying to an identifiable investment is made. The report shall identify the name of the entity or person with whom such investment was made, the initial and any subsequent amount of such investment if such investment was made during the reporting period, and any profit or loss from the sale of such investment occurred during such reporting period; and

1704

JOURNAL OF THE HOUSE

(G) Total debt owed on the last day of the reporting period. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $100.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively equal or exceed $100.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on June 30 and December 31; (2) In each election year:
(A) On March 31, June 30, September 30, October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any election for which the candidate is qualified and the date of such election, all contributions of $1,000.00 or more shall be reported within two business days of receipt to the commission and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is a candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within two business days. Reports required to be filed within two business days of a contribution shall be reported by facsimile or electronic filing transmission to the commission. Any facsimile filing shall also have an identical electronic filing within five business days following the transmission of such facsimile filing. Each report required in the election year shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of more than $100.00, such candidate shall only be required to make the initial and final report as required under this chapter. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign

MONDAY, MARCH 4, 2013

1705

committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports with the commission at the same times as required of the candidates they are supporting. The following persons shall be exempt from the foregoing registration and reporting requirements:
(1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates' campaign committees in one calendar year; (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $25,000.00 or less in one calendar year; and (3) Contributors who make contributions to only one candidate during one calendar year. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall register with the commission prior to accepting contributions or making expenditures and shall file disclosure reports with the commission as follows:
(A) On the first day of each of the two calendar months preceding any such election; (B) Two weeks prior to the date of such election; and (C) Within the two-week period prior to the date of such election the independent committee shall report within two business days any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the election year and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of more than $100.00; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of more than $100.00 is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows:
(i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and

1706

JOURNAL OF THE HOUSE

(D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of more than $100.00. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; and (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the election year. (i)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the election cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than

MONDAY, MARCH 4, 2013

1707

December 31 of each year until such unpaid expenditures from such campaign are satisfied. (j) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section. (k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00 shall be imposed for each report that is filed late, and notice of such late fee shall be sent to the candidate and the candidate's committee by registered or in the same manner by which the penalized report was filed with the commission. However, if the report in question was not filed or was filed with the commission in a manner other than electronic filing or certified mail or statutory overnight delivery, return receipt requested, and the commission shall utilize certified mail, return receipt requested, to notify the candidate and the candidate's committee of the late fee due. The notice shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed by such date; provided, however, that a 15 day extension period shall be granted on the final report. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if such report has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means does not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph. (2) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (l) It shall be the duty of the commission when it receives for filing any disclosure report or statement or other document that may be filed by mail to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due. (m) Except as provided for electronic filing, the mailing of such reports by United States mail with adequate postage affixed within the required filing time as determined by the official United States postage date cancellation shall be prima-facie evidence of filing. (m)(n) Any person or entity which is required to be registered with the commission shall file a termination statement together with its final campaign contribution disclosure report as required by this Code section within ten days of the dissolution of a campaign or committee. The termination statement shall identify the person responsible for maintaining campaign records as required by this chapter. (n)(o) The commission shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section."

1708

JOURNAL OF THE HOUSE

SECTION 3. Said chapter is further amended by revising paragraph (1) of subsection (f) of Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, as follows:
"(f)(1) In addition to other penalties provided in this chapter, a late fee of $125.00 shall be imposed for each financial disclosure statement that is filed late, and notice of such late fee shall be sent to the board member, candidate, and the candidate's committee by registered or in the same manner in which the penalized report was filed with the commission. However, if the report in question was not filed or was filed with the commission in a manner other than electronic filing or certified mail or statutory overnight delivery, return receipt requested, and the commission shall use certified mail, return receipt requested, to notify the candidate and the candidate's committee of the late fee due. The notice shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such statement if such statement has not been filed. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such statement if the statement has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means shall not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph."
SECTION 4. Said chapter is further amended by adding a new Code section to Article 3 to read as follows:
"21-5-52. The mailing of the notarized financial disclosure statement by United States mail with adequate postage affixed within the required filing time as determined by the official United States postage date cancellation shall be prima-facie evidence of filing when the disclosure statement is not filed electronically."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

MONDAY, MARCH 4, 2013

1709

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

Y Abrams Y Alexander Y Allison E Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas
Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

HB 317. By Representatives Cooper of the 43rd, Watson of the 166th, Rynders of the 152nd, Jones of the 53rd and Sims of the 123rd:

A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the "Medical Practice Act of the State of Georgia," so as to provide for administrative medicine

1710

JOURNAL OF THE HOUSE

licenses; to provide for definitions; to provide for requirements; to provide for board rules; to provide for educational certificates for out-of-state physicians to participate in educational training in this state that requires patient care; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

MONDAY, MARCH 4, 2013

1711

HB 45. By Representative Ehrhart of the 36th:

A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin

Y McCall Y Meadows Y Mitchell
Morgan Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T
Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson

1712

JOURNAL OF THE HOUSE

Y Coleman Y Cooke

Y Greene Y Gregory

Y Maxwell Y Mayo

Y Sheldon Y Sims, B

Y Yates Ralston, Speaker

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

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

HB 139. By Representatives Hamilton of the 24th, Carter of the 175th, Powell of the 32nd, Talton of the 147th, Jasperse of the 11th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding sheriffs, so as to revise the general qualification requirements for sheriffs; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding sheriffs, so as to revise the general qualification requirements for sheriffs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding sheriffs, is amended by revising subsection (c) of Code Section 15-16-1, relating to general qualification requirements for sheriffs, as follows:
"(c) Qualifications. (1) No person shall be eligible to hold the office of sheriff unless such person: (A) At the time of qualifying as a candidate for the office of sheriff is a citizen of the United States; (B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of qualifying for election to the office; (C) At the time of qualifying as a candidate for the office of sheriff is a registered voter; (D) At the time of qualifying as a candidate for the office of sheriff has attained the age of at least 25 years;

MONDAY, MARCH 4, 2013

1713

(E) At the time of qualifying as a candidate for the office of sheriff has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a plea of nolo contendere to a felony offense or any offense involving moral turpitude contrary to the laws of this state shall have the same effect as a plea of guilty, thereby disqualifying such a person from holding the office of sheriff; (G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court of the county in which such person is qualifying and must be taken on or before, but no later than, the close of business on the third business day following the close of such qualification for election to the office of sheriff period; (H) At the time of qualifying as a candidate for the office of sheriff, files with the officer before whom such person is qualifying gives a complete written history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state; (I) At the time of qualifying as a candidate for the office of sheriff, files with the officer before whom such person is qualifying gives a complete written history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and (J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 within six months after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph. (2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time such person qualifies:,

1714

JOURNAL OF THE HOUSE

(A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) Swear swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she meets all of the qualifications required by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of this subsection, and that he or she has complied or will comply with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of business on the third business day following the close of such qualification for election to the office of sheriff period. (3) Each person offering his or her candidacy for the office of sheriff shall file an affidavit with the election superintendent of the county by the close of business on the third business day following the close of the qualification period stating: (A) That such person is a high school graduate or has obtained the recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) When and from what school such person graduated from high school or obtained such recognized equivalent in education training. In addition, such person shall also file a certified copy of his or her birth certificate with the election superintendent of the county. Any elector of the county shall have until two weeks after the deadline for qualifying to file a challenge to such person's qualifications pursuant to Code Section 21-2-6. (3)(4) Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett

Y McCall Y Meadows Y Mitchell Y Morgan
Morris

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R

MONDAY, MARCH 4, 2013

1715

Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C E Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
VACANT 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.

HB 36.

By Representatives Watson of the 166th, Burns of the 159th, Stephens of the 164th, Bryant of the 162nd, Dutton of the 157th and others:

A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to game and fish definitions, so as to revise the definition of "game fish"; 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:

1716

JOURNAL OF THE HOUSE

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman
Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 168, nays 0.

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

HB 271. By Representatives Neal of the 2nd, Lindsey of the 54th, Meadows of the 5th, Oliver of the 82nd, Abrams of the 89th and others:

A BILL to be entitled an Act to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, so as to revise definitions; to clarify provisions relating to record restriction involving certain felony offenses; to change provisions relating to the application of the Code section to arrests occurring prior to July 1, 2013; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 4, 2013

1717

The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, so as to clarify provisions relating to record restriction involving certain felony offenses; to change provisions relating to the application of the Code section to arrests occurring prior to July 1, 2013; 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 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, is amended by revising paragraph (1) of subsection (j) and subsection (n) as follows:
"(j)(1) When an individual had a felony charges charge dismissed or nolle prossed or was found not guilty of felony charges such charge but was convicted of a misdemeanor offense or offenses arising out of the same underlying transaction or occurrence that was not a lesser included offense of the felony charge, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such the felony charges charge 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 that the misdemeanor conviction was not a lesser included offense of the felony charge and that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available." "(n)(1) Except as provided in subsection (j) of this Code section, as 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

1718

JOURNAL OF THE HOUSE

days of receiving the request, the prosecuting attorney shall review the request to determine if he or she agrees to the request meets the criteria set forth in subsection (h) of this Code section for record restriction, and the prosecuting attorney shall notify the arresting law enforcement agency of his or her decision within such 90 day period. If the prosecuting attorney denies such request, he or she shall cite with specificity the reason for such denial in writing and attach to such denial any relevant documentation in his or her possession used to make such denial. There shall be a presumption that the prosecuting attorney does not object to the request to restrict the criminal history record information if he or she fails to respond to the request for a determination within the 90 day period set forth in this paragraph. 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 to decline a request to restrict access to criminal history record information shall not be upheld if unless the individual it is determined demonstrates by clear and convincing evidence that the arrest is eligible for record restriction pursuant to subsection (h) of this Code section and 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 of receiving such information."

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 Abrams Y Alexander Y Allison Y Anderson

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

Y McCall Y Meadows Y Mitchell
Morgan

Y Sims, C Y Smith, E Y Smith, L Y Smith, M

MONDAY, MARCH 4, 2013

1719

Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

HB 345. By Representative Benton of the 31st:

A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to 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:

1720

JOURNAL OF THE HOUSE

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hill Y Hitchens Y Holcomb
Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser
Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

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

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

HB 146. By Representatives Weldon of the 3rd, Willard of the 51st and Mabra of the 63rd:

A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the issuance of arrest and search warrants by video conference; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

MONDAY, MARCH 4, 2013

1721

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard E Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 166, nays 1.

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

HB 199. By Representatives Lindsey of the 54th and Smith of the 70th:

A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to the water supply division of the Georgia Environmental Finance Authority, so as to expand the Georgia Reservoir Fund; to amend Article 6 of Chapter 5 of Title 12 of the O.C.G.A., relating to water supply, so as to revise a definition and correct a cross-reference; to amend Code Section 36-91-100 of the O.C.G.A., relating to definitions

1722

JOURNAL OF THE HOUSE

relative to local public works bidding, so as to revise a definition; to amend Part 1 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to general provisions relative to the Georgia Environmental Finance Authority, so as to revise definitions and correct cross-references; 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 Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Finance Authority, so as to expand the Georgia Reservoir Fund; to amend Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, so as to revise a definition and correct a cross-reference; to amend Code Section 36-91-100 of the Official Code of Georgia Annotated, relating to definitions relative to local public works bidding, so as to revise a definition; to amend Part 1 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Environmental Finance Authority, so as to revise definitions and correct crossreferences; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Finance Authority, is amended in Code Section 50-23-28, relating to the establishment and operation of the Georgia Reservoir Fund, by revising subsection (a) as follows:
"(a) There shall be established the Georgia Reservoir and Water Supply Fund, to consist of proceeds of bonds issued under this article for purposes of this part, any moneys paid to the authority under intergovernmental contracts for purposes of this part, voluntary contributions to such fund, and any federal moneys deposited in such fund. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys may be expended or loaned, on the entity that may receive grants or loans of such moneys, on the manner in which such moneys may be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the fund so long as any such restriction shall not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is consistent with the purposes of this part. All balances in the fund shall be deposited in interest-bearing accounts."

MONDAY, MARCH 4, 2013

1723

SECTION 2. Said part is further amended in Code Section 50-23-28.1, relating to authority of the water supply division to make loans and grants to local governments for reservoir expansion, by revising subsection (a) as follows:
"(a) The division may make loans and grants to a local government to pay all or any part of the cost of expanding and increasing the capacity of existing reservoirs; or assets reasonable or necessary to develop any water supply system comprised of new or existing reservoirs, or any means or combination of means of providing or enhancing water supply. Such loans and grants shall be made as provided in Code Section 50-236. The criteria used in consideration for requests for assistance shall include, but not be limited to:
(1) The effect of recurring drought on the region; (2) Interconnectivity of the requesting entity's water supply system with one or more surrounding local governments; and (3) The long-term cost-saving risk and benefit to taxpayers that may be associated with full-scale project implementation; and (4) Unique regional conditions."
SECTION 3. Said part is further amended in Code Section 50-23-28.2, relating to participation in certain water projects by the water supply division, by revising paragraph (4) of subsection (d) as follows:
"(4) For any project for which participation or a lead local authority role is determined by the division to be feasible and appropriate, the division may perform management, technical, consultative, training, educational, and other project development and promotion activities, subject to availability of funds from the Georgia Reservoir and Water Supply Fund established by Code Section 50-23-28, approval by the executive director of the authority, and the requirement that the fund be fully compensated by any private owner of the project for such expenditures; and"
SECTION 4. Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, is amended in Code Section 12-5-471, relating to definitions relative to water supply, by revising paragraph (10) as follows:
"(10) 'Project' means and includes the acquisition of real property for water reservoirs or any water supply system; the construction and reconstruction or improvement of water reservoirs or any water supply system; the acquisition of real or personal property surrounding water reservoirs or any water supply system or portion thereof, including any interest in such property; the acquisition of real or personal property or any interest therein for mitigation of any alteration of environmental resources by the construction of a water reservoir or water supply system; assets reasonable or necessary to develop any water supply system comprised of new or existing reservoirs, or any means or combination of means of providing or enhancing water

1724

JOURNAL OF THE HOUSE

supply; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the users and consumers, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed to be necessary or convenient for the efficient operation of such type of undertaking, including, but not limited to, the development or expansion of water facilities or systems so as to facilitate transitioning households and businesses served by private wells, septic tanks, and other nonreturning water systems to public water or sewerage systems, thereby promoting water conservation, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities."
SECTION 5. Said article is further amended in Code Section 12-5-474, relating to deposit of funds received for operation of water supply projects, by revising subsection (b) as follows:
"(b) All those funds generated by the operation of the projects and paid to the division shall be deposited in the Georgia Reservoir and Water Supply Fund established by Code Section 50-23-28."
SECTION 6. Code Section 36-91-100 of the Official Code of Georgia Annotated, relating to definitions relative to local public works bidding, is amended by revising paragraph (1) as follows:
"(1) 'Affected local government' means any county, municipality, or consolidated government in which water storage, supply, monitoring, distribution, conservation, or maintenance facilities of a project are located or proposed to be located, which will receive for local use water or services from such project, or which, under a service delivery agreement entered into pursuant to Article 2 of Chapter 70 of this title, provides or is authorized to provide within an area water facilities or services similar to water facilities and services proposed to be provided by a project in such area."
SECTION 7. Part 1 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Environmental Finance Authority, is amended in Code Section 50-23-4, relating to definitions relative to the Georgia Environmental Finance Authority, by revising paragraph (5) as follows:
"(5) 'Environmental facilities' means any projects, structures, systems, and other real or personal property acquired, rehabilitated, constructed, or planned:
(A) For the purposes of supplying, distributing, and monitoring, or treating water and diverting, channeling, or controlling water flow and head, including, but not

MONDAY, MARCH 4, 2013

1725

limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, conservation, or disposing of water; (B) For the purposes of collecting, treating, or disposing of sewage, including, but not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall, pumping stations, treatment and disposal plants, ground water rechange basins, backflow prevention devices, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative systems or equipment, structures, equipment, vehicles, conveyances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the collection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage; (C) For the purposes of collecting, treating, recycling, composting, or disposing of solid waste, including, but not limited to, trucks, dumpsters, intermediate reception stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills, landfill equipment, barrels, binders, barges, alternative technologies and other plant structures, equipment, conveyances, improvements, real or personal property or rights therein, and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, treatment, or disposal of solid waste; or (D) For the purposes of carrying out a community land conservation project or a state land conservation project pursuant to Chapter 22 of Title 36."
SECTION 8. Said part is further amended in Code Section 50-23-5, relating to the purpose, powers, and duties of the Georgia Environmental Finance Authority, by revising paragraphs (30) and (31.1) of subsection (b) as follows:
"(30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority or, if authorized by law, any private agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority may also administer funds granted to the state by the administrator of the federal Environmental Protection

1726

JOURNAL OF THE HOUSE

Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., for the purpose of providing financial assistance for any eligible water pollution control project. The authority shall deposit any such funds received from the administrator of the federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental Protection Division of the Department of Natural Resources or hereafter established; provided, however, that where appropriate, the authority may deposit funds received from the administrator of the federal Environmental Protection Agency into the Georgia Reservoir and Water Supply Fund established by Code Section 50-23-28. The forms and administration of such funds shall be established by the authority in accordance with federal requirements;" "(31.1) To fund, or partially fund, the Georgia Reservoir and Water Supply Fund established by Code Section 50-23-28. Proceeds of any bonds authorized by the General Assembly for the purposes of said Code section, and any repayment of such proceeds after their expenditure, may be deposited in such fund;"

SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

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

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

Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R

MONDAY, MARCH 4, 2013

1727

Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice
Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B
Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 0.

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

HB 296. By Representatives Powell of the 32nd, Ramsey of the 72nd, Talton of the 147th, Jackson of the 128th and Atwood of the 179th:

A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add certain persons to those authorized to receive motor vehicle registration records; to add certain persons to the list of persons authorized to receive motor vehicle certificate of title records; to provide for the Department of Revenue to establish certain procedures and to promulgate rules and regulations; 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

1728

JOURNAL OF THE HOUSE

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add certain persons to those authorized to receive motor vehicle registration records; to add certain persons to the list of persons authorized to receive motor vehicle certificate of title records; to provide for the Department of Revenue to establish certain procedures and to promulgate rules and regulations; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsections (c) and (d) of Code Section 40-2-130, relating to records of certificates of registration, as follows:
"(c) The motor vehicle registration records which the commissioner is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that, subject to subsection (d) of this Code section, the records may be disclosed for use as provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following:
(1) Any licensed dealer of new or used motor vehicles; (2) Any tax collector, tax receiver, or tax commissioner; (3) The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee; (4) Any private person who has met the requirements of Code Section 40-2-25, provided that the information shall be used for the sole purpose of effectuating the registration or renewal of motor vehicles by electronic or similar means and that the private person requesting the information has entered into an agreement to provide electronic services to the commissioner or a county tag agent; provided, further, that the information made available pursuant to this paragraph for such purpose shall be limited to the vehicle identification number, the license tag number, the date of expiration of registration, and the amount of tax owed; and (5) A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles; and (6) An individual licensed by or registered with the Georgia Board of Private Detective and Security Agencies and authorized to conduct investigations under the provisions of Chapter 38 of Title 43 for the use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency, or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court. The commissioner is authorized and directed to establish procedures and safeguards, which may include registration, and promulgate rules and regulations to effectuate the purposes of this

MONDAY, MARCH 4, 2013

1729

paragraph. Such regulations may include the ability to deny such disclosure or suspend or terminate such access where deemed appropriate by the commissioner or his or her designee. (d) Except as otherwise required in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1) through (5) (6) of subsection (c) of this Code section shall be limited to the natural person's name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates. Information may be provided by means designated by the commissioner, including through mail, electronic transmission, or the use of a provider authorized by the commissioner."
SECTION 2. Said title is further amended by revising subsections (d) and (f) of Code Section 40-3-23, relating to issuance of certificates of title, as follows:
"(d) The motor vehicle records which the commissioner or the commissioner's duly authorized county tag agent is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that, subject to subsection (f) of this Code section, the records may be disclosed for use as provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following:
(1) Any licensed dealer of new or used motor vehicles; (2) Any tax collector, tax receiver, or tax commissioner; and (3) A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles; and (4) An individual licensed by or registered with the Georgia Board of Private Detective and Security Agencies and authorized to conduct investigations under the provisions of Chapter 38 of Title 43 for the use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency, or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court. The commissioner is authorized and directed to establish procedures and safeguards, which may include registration, and promulgate rules and regulations to effectuate the purposes of this paragraph. Such regulations may include the ability to deny such disclosure or suspend or terminate such access where deemed appropriate by the commissioner or his or her designee." "(f) Except as otherwise required in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1), (2),

1730

JOURNAL OF THE HOUSE

and (3) through (4) of subsection (d) of this Code section shall be limited to the natural person's name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates. Information may be provided by means designated by the commissioner, including through mail, electronic transmission, or the use of a provider authorized by the commissioner."

SECTION 3. For purposes of proposing rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on September 1, 2013.

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

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

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

Y Abrams N Alexander N Allison N Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett Y Bentley
Benton N Beverly Y Black N Braddock Y Broadrick
Brockway N Brooks Y Bruce
Bryant Y Buckner

Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas Y Drenner N Dudgeon N Dukes N Dunahoo N Duncan N Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hill Y Hitchens Y Holcomb N Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer N Nix
Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. Y Thomas, B
Turner VACANT

MONDAY, MARCH 4, 2013

1731

Y Burns N Caldwell, J N Caldwell, M Y Carson Y Carter N Casas Y Chandler Y Channell N Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman N Cooke

Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene N Gregory

Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra
Marin Martin Y Maxwell Y Mayo

Y Randall Y Rice Y Riley Y Roberts E Rogers, C N Rogers, T Y Rutledge Y Rynders N Scott N Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

On the passage of the Bill, by substitute, the ayes were 125, nays 37.

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

HB 354. By Representatives Clark of the 101st, Coleman of the 97th, Tankersley of the 160th, Kaiser of the 59th, Morgan of the 39th and others:

A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to revise terminology relating to early care and learning; to require the Department of Early Care and Learning to provide certain information to owners of early care and education programs; to authorize the department to administer certain programs; to expand the purposes of the "Georgia Professional Standards Act;"; to authorize the Professional Standards Commission to perform certain functions and services with respect to early care and education program personnel if funding is available; to provide for statutory construction; to amend various other titles of the O.C.G.A., for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise terminology relating to early care and learning; to require the Department of Early Care and Learning to provide certain information to owners of early care and education programs; to authorize the department to administer certain programs; to provide for contested cases; to amend various other titles of the Official Code of Georgia

1732

JOURNAL OF THE HOUSE

Annotated 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-1A-2, relating to definitions relative to early care and learning, as follows:
"20-1A-2. As used in this chapter, the term:
(1) 'Board' means the Board of Early Care and Learning. (2) 'Child care learning center' means a day-care center that participates in Georgia's Pre-K Program any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age; provided, however, that this term shall not include a private school which provides kindergarten through grade 12 education, meets the requirements of Code Section 202-690, and is accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and which provides care before, after, or both before and after the customary school day to its students as an auxiliary service to such students during the regular school year only. (3) 'Commissioner' means the commissioner of the Department of Early Care and Learning early care and learning. (4) 'Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age; provided, however, that this term shall not include a private school which provides kindergarten through grade 12 education, meets the requirements of Code Section 20-2-690, and is accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and which provides care before, after, or both before and after the customary school day to its students as an auxiliary service to such students during the regular school year only. (5)(4) 'Department' means the Department of Early Care and Learning. (6)(5) 'Early care and education programs' include all family day-care homes, group day-care homes, day-care centers, and child care learning centers, regardless of whether such homes or centers offer education. (7)(6) 'Early childhood' means the period of childhood from birth to age six. (8)(7) 'Family day-care home' means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 18 13 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence; provided, however, that the total number

MONDAY, MARCH 4, 2013

1733

of unrelated children cared for in such home, for pay and not for pay, may not exceed six children under 13 years of age at one time. (9)(8) 'Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day."
SECTION 2. Said title is further amended by revising paragraph (2) of subsection (d) of Code Section 20-1A-3, relating to the commissioner and the board of the Department of Early Care and Learning, as follows:
"(2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers (now known as child care learning centers), group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8;"
SECTION 3. Said title is further amended by revising Code Section 20-1A-4, relating to the powers and duties of the Department of Early Care and Learning, as follows:
"20-1A-4. The Department of Early Care and Learning shall have the following powers and duties:
(1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgia's Pre-K Program'; (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter; (5) To regulate early care and education programs in accordance with this chapter; (6) To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state; (7) To serve as the Head Start state collaboration office; (8) To establish and collect annual fees for licensure, registration, or commission of early care and education programs. Such fees so established shall be reasonable and shall be determined in such a manner that the total amount of fees established shall help defray the direct and indirect costs to the department in performing such function. The department shall remit all fees collected to the general fund of the state;

1734

JOURNAL OF THE HOUSE

(9) To recommend in writing to the owner of any early care and learning program licensed by the department that such program carry liability insurance coverage sufficient to protect its clients. Any such program which after receiving such recommendation is not covered by liability insurance shall post that fact in a conspicuous place in the program and shall notify the parent or guardian of each child under the care of the program in writing. Such notice shall be in at least 1/2 inch letters. Each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the program at all times while the child attends the program and for 12 months after the child's last date of attendance. Failure to do so may subject the owner of the program to a civil fine of $1,000.00 for each such infraction; (10) To administer any programs assigned to it administratively by the Governor pursuant to his or her powers or any programs for which the Governor designates the department as the lead agency in the state for a federal program; (9)(11) To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8; (10)(12) To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17; and (11)(13) To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services."
SECTION 4. Said title is further amended by revising Code Section 20-1A-9, relating to authority to license and regulate day-care centers, group day-care homes, and family day-care homes transferred to the Department of Early Care and Learning, as follows:
"20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers (now known as child care learning centers), group daycare homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board."
SECTION 5. Said title is further amended by revising subsections (b), (i), (k)(2), (m), and (v) of Code Section 20-1A-10, relating to regulation of early care and education programs, as follows:

MONDAY, MARCH 4, 2013

1735

"(b) Day-care centers and child Child care learning centers operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may notify the department annually and be commissioned in lieu of being licensed upon request for commission. Commissioned day-care centers and child care learning centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed daycare centers and child care learning centers. Any day-care center or child care learning center operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may elect to apply for a commission as provided for in subsection (c) of this Code section." "(i) Group day-care homes, day-care centers, and child care learning centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Day-care centers and child Child care learning centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed in Code Section 20-1A-2, group day-care homes will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed in Code Section 20-1A-2, a family day-care home operator may care for two additional children aged three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this subsection, all other applicable rules and regulations shall apply."
"(2) On and after May 12, 2010, the following annual fees shall apply to applications for licensure, registration, or commission as a day-care center, child care learning center, group day-care home, or family day-care home:
(A) Capacity of fewer than 25 children.........................................................$.. 50.00
(B) Capacity of 26 to 50 children ................................................................ 100.00
(C) Capacity of 51 to 100 children ................................................................ 150.00
(D) Capacity of 101 to 200 children...............................................................2. 00.00
(E) Capacity of more than 200 children ........................................................2..50.00"
"(m) The department shall refuse to issue a license, registration, or commission upon a showing of:
(1) Noncompliance with the rules and regulations for day-care centers, family daycare homes, group day-care homes, or child care learning centers which are designated in writing to the facilities as being related to children's health and safety; (2) Flagrant and continued operation of an unlicensed, unregistered, or uncommissioned facility in contravention of the law;

1736

JOURNAL OF THE HOUSE

(3) Prior license, registration, or commission denial or revocation within one year of application; or (4) Failure to pay the annual fee for licensure, registration, or commission of early care and education programs." "(v) The term 'licensed day-care center child care learning center' shall include a commissioned day-care center and commissioned child care learning center and any references in this Code to a licensed day-care center child care learning center, including criminal, administrative, and civil provisions applicable to licensed day-care centers child care learning centers, shall include and apply to commissioned day-care centers and commissioned child care learning centers unless otherwise provided in this Code section."
SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"20-1A-10.1. A determination by the department regarding payments and eligibility pursuant to any federal program or grant shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 7. Said title is further amended by revising paragraph (1) of Code Section 20-1A-30, relating to definitions for background checks for early care and education programs, as follows:
"(1) 'Center' means a day-care center, group day-care home, family day-care home, or child care learning center which is required to be licensed, commissioned, or registered under Article 1 of this chapter."
SECTION 8. Said title is further amended by revising paragraph (7) of subsection (a) of Code Section 20-1A-61, relating to the Child Care Council, as follows:
"(7) One member shall represent licensed or commissioned church or synagogue daycare centers child care learning centers;"
SECTION 9. Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in programs, is amended by revising subsection (c) as follows:
"(c) State agencies rating applications from counties and municipal corporations for federal funding of the construction of day-care facilities child care learning centers shall, to the extent allowed under applicable federal laws or regulations, give priority to those day-care centers child care learning centers located in or adjacent to industrial parks."

MONDAY, MARCH 4, 2013

1737

SECTION 10. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, is amended by revising paragraphs (6) and (10.1) of subsection (a) as follows:
"(6) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, child care learning centers, preschool facilities, and long-term care facilities for children." "(10.1)(6.1) 'Day-care center Child care learning center' shall have the same meaning as set forth in paragraph (4)(2) of Code Section 20-1A-2."
SECTION 11. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies, is amended by repealing subsection (t) in its entirety.
SECTION 12. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "day-care center", "day-care centers", and "Day-care centers" wherever any of these terms occur with "child care learning center", "child care learning centers", and "Child care learning centers", respectively:
(1) Code Section 16-12-1.1, relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations; (2) Code Section 20-2-771, relating to immunization of students; (3) Code Section 25-2-13, relating to buildings presenting special hazards to persons or property; requirements as to construction, maintenance, and use generally; effect of rules, regulations, and fire safety standards issued before April 1, 1968; and power of local governing authorities; (4) Code Section 31-41-3, relating to definitions relative to lead poisoning prevention; (5) 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; (6) Code Section 42-1-17, relating to definitions; residency restrictions for sexual offenders; and penalties; (7) Code Section 45-18-70, relating to the establishment and operation of a Capitol Hill day-care center; and (8) Code Section 49-5-13, relating to private day-care centers not required to meet federal adult-child ratio.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

1738

JOURNAL OF THE HOUSE

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

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

Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Bennett
Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hill Y Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Smith, E
Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 153, nays 16.

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

HB 365. By Representatives Hitchens of the 161st, Wilkinson of the 52nd, Atwood of the 179th, Lumsden of the 12th, Watson of the 166th and others:

MONDAY, MARCH 4, 2013

1739

A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to modify the definition of the term "passenger vehicle" to which the safety belt law applies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to modify the definition of the term "passenger vehicle" to which the seat safety belt law applies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle, including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to carry ten 15 passengers or fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in connection with agricultural pursuits that are usual and normal to the user's farming operation; and provided, further, that such term shall not include motor vehicles designed to carry 11 to 15 passengers which were manufactured prior to July 1, 2013, and which as of such date did not have manufacturer installed seat safety belts."
SECTION 2. This Act shall become effective on July 1, 2013, and shall apply to offenses occurring on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

1740

JOURNAL OF THE HOUSE

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

Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V
Coleman N Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

N McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley N Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 16.

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

HB 350. By Representatives Peake of the 141st, Hitchens of the 161st, Hatchett of the 150th, Ramsey of the 72nd, Coomer of the 14th and others:

A BILL to be entitled an Act to amend Code Section 16-12-1.1 of the O.C.G.A., relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain

MONDAY, MARCH 4, 2013

1741

past criminal violations, so as to provide for exceptions for persons otherwise issued licenses as provided by law; to amend Chapter 1A of Title 20 of the O.C.G.A., relating to early care and learning; 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 Code Section 16-12-1.1 of the Official Code of Georgia Annotated, relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations, so as to provide for exceptions for persons otherwise issued licenses as provided by law; to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require certain employees to have fingerprint records checks prior to employment; to revise certain definitions; to change certain provisions relating to records check requirements for applicants and notification to such applicants; to change certain provisions relating to requirements of individuals residing in family day-care homes; to remove preliminary records checks of employees and require state and national fingerprint determinations, except in limited circumstances; to provide that directors convicted of certain criminal acts lose the ability to serve as directors; to provide for criminal background checks for current directors, employees, and certain other persons; 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. Code Section 16-12-1.1 of the Official Code of Georgia Annotated, relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations, is amended by revising subsection (b) as follows:
"(b) Unless otherwise authorized as provided in Code Section 20-1A-43, it It shall be unlawful for any operator of a facility to knowingly have any person reside at, be domiciled at, or be employed at any such facility if such person has been convicted of or has entered a plea of guilty or nolo contendere to or has been adjudicated a delinquent for:
(1) A violation of Code Section 16-4-1, relating to criminal attempt, when the crime attempted is any of the crimes specified in paragraphs (2) through (10) of this subsection;

1742

JOURNAL OF THE HOUSE

(2) A violation of Code Section 16-5-23.1, relating to battery, when the victim at the time of such offense was a minor; (3) A violation of any provision of Chapter 6 of this title, relating to sexual offenses, when the victim at the time of such offense was a minor; (4) A violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; (5) A violation of Code Section 16-5-1, relating to murder; (6) A violation of Code Section 16-5-2, relating to voluntary manslaughter; (7) A violation of Code Section 16-6-2, relating to aggravated sodomy; (8) A violation of Code Section 16-6-3, relating to rape; (9) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; or (10) A violation of Code Section 16-8-41, relating to armed robbery, if committed with a firearm."
SECTION 2. Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, is amended by revising Article 2, relating to background checks, as follows:
"ARTICLE 2
20-1A-30. As used in this article, the term:
(1) 'Center' means a day-care center, group day-care home, family day-care home, or child care learning center which is allowed to operate or is required to be licensed, commissioned, or registered under Article 1 of this chapter. (2) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) 'Crime' means:
(A) Any any felony; (B) A a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; (C) A violation of Code Section 16-5-23.1, relating to battery, when the victim is a minor; (D) A a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; (E) A a violation of Chapter 6 of Title 16, relating to sexual offenses; (F) A a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or (G) Any any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph. (4) 'Criminal record' means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:

MONDAY, MARCH 4, 2013

1743

(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (5) 'Director' means the chief administrative or executive officer of on-site manager of a facility designated by the legal owner who is responsible for the supervision, operation, and maintenance of the center and meets the minimum qualifications as determined by the department. (6) 'Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation. (7)(6) 'Employee' means any person, other than a director, who is 17 years of age or older and is employed by a center to perform at any of the center's facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center. (8)(7) 'Employment history' means a record of where a person has worked for the past ten years. (9)(8) 'Facility' means a center's real property at which children are received for care. (9) 'Fingerprint' means an inked fingerprint card or an electronic image of a person's fingerprint. (10) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application fingerprint-based national criminal history record information. (11) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (12) 'GCIC information' means criminal history record information, as defined in Code Section 35-3-30.

1744

JOURNAL OF THE HOUSE

(13) 'License' means the document issued by the department to authorize the center to which it is issued to operate a facility. (14) 'National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints. (15) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (16)(14) 'Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department director based only upon a comparison of GCIC information obtained solely from a law enforcement agency within the state with other than fingerprint information regarding the person upon whom the records check is being performed for purposes of this article. (15) 'Provisional employee' means an individual other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired for a limited period of employment. (17)(16) 'Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the board by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require a document created by the department to be completed, notarized, and submitted to the department by every actual and potential director and employee that indicates such director's name, center type, and such other information as the department deems appropriate and which authorizes the department to receive and render a fingerprint records check determination pursuant to any criminal history record information pertaining to such individual from any local, state, or national criminal justice or law enforcement agency. (18)(17) 'Satisfactory determination' means a written determination declaration that a person for whom a preliminary or fingerprint records check determination was performed was found to have no criminal record. (19) 'State fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (20)(18) 'Unsatisfactory determination' means a written determination declaration that a person for whom a preliminary or fingerprint records check determination was performed has was found to have a criminal record.

MONDAY, MARCH 4, 2013

1745

20-1A-31. (a) Each center shall be required to obtain a separate license for each facility and shall have a separate director for each facility. (b) An applicant for a new license shall apply for a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility.
20-1A-32. Effective January 1, 2014, accompanying Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a satisfactory preliminary records check for each employee of such facility. In lieu of such records check applications, the license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director or employee received a satisfactory state and national fingerprint records check determinations and each employee received a satisfactory preliminary records check determination, or that any director or employee other than the director whose preliminary fingerprint records check revealed a criminal record of any kind has either subsequently received a satisfactory state and national fingerprint records check determinations determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable and additional processing fees for performing preliminary fingerprint records checks as required by statute, regulation, or policy or by GCIC.
20-1A-33. After being furnished the required records check application under Code Section 201A-32, the department shall notify in writing the license applicant and the fingerprint records check applicant in writing as to each person for whom an application was received regarding whether the department's determination as to that person's state fingerprint records check was a director or employee is satisfactory or unsatisfactory. If the preliminary fingerprint records check determination was satisfactory as to the director and each employee of an a license applicant's facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 20-1A-32 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the

1746

JOURNAL OF THE HOUSE

preliminary fingerprint records check for a director or any employee other than the director revealed a criminal record of any kind, such director or employee shall not be allowed to work in the center while any child is present until he or she either has obtained a satisfactory state and national fingerprint records check determinations determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The department shall revoke the license of a center if the center fails to comply with the requirements of this Code section. If the determination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 20-1A-39.
20-1A-34. (a) The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC 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 records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a national fingerprint records check determination. (b) Every potential employee of the department who may have any reason to be present at a center while any child is present for care must receive a satisfactory fingerprint records check determination or have had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43 prior to employment. Every current employee of the department who may have any reason to be present at a center while any child is present for care must receive a satisfactory fingerprint records check determination or have had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43 by January 1, 2014. Every employee of the department shall undergo additional fingerprint records checks such that the time between such additional fingerprint records checks and that employee's previous fingerprint records check shall not exceed five years. The department shall maintain documentation in the appropriate personnel file indicating that such person has obtained such current satisfactory fingerprint records check determination or has had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43.

MONDAY, MARCH 4, 2013

1747

20-1A-35. After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section 20-1A-34, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that determination, that applicant shall designate another director for such facility for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections 20-1A-32 through 20-1A-34 and this Code section to obtain state and national fingerprint records check determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements of this Code section and Code Section 20-1A-33 to receive satisfactory state and national fingerprint determinations on the director or to comply with Code Section 20-1A-33 regarding employees other than the director. Where there is need for a provisional employee to work at a center's facility, such center may utilize an individual as a provisional employee only after the director reviews a preliminary records check and makes a satisfactory determination in accordance with this article. No such provisional employee shall be present in the facility while any child is present for care until such satisfactory preliminary records check determination has been made based upon GCIC information obtained from local law enforcement within the prior ten days. The board shall be authorized to define and enforce by regulations, including, but not limited to, the length of time a provisional employee may be present at a facility without a fingerprint records check determination. The department may revoke the license of a center if the center fails to comply with the requirements of this Code section and employs a person with an unsatisfactory preliminary records check determination.
20-1A-36. No facility operated as an early care and education program or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.

1748

JOURNAL OF THE HOUSE

20-1A-37. (a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 20-1A-2, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them a fingerprint records check application to the department. If the fingerprint records check determination is unsatisfactory, the department shall notify the provider and the employee of such determination in writing and no such employee shall be allowed to reside at the day-care home or be present at the day-care home when any child is present for care until he or she either has obtained a satisfactory fingerprint records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. (b) As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees of centers and adults residing in a family day-care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee or adult residing in the family day-care home and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the center's file and available for inspection by the department. This satisfactory determination must be made before the employee begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a center's facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the center's facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the center's file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the center's file on the employee with all supporting documentation. The department shall promulgate rules and regulations limiting the extent to which centers are authorized to use emergency

MONDAY, MARCH 4, 2013

1749

temporary employees in accordance with this subsection. Employees, emergency temporary employees, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees.
20-1A-38. (a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department in writing of such change and of any additional information the department may require regarding the newly designated director of that facility, including a fingerprint records check application. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether satisfactory or unsatisfactory preliminary or state and national fingerprint records check determinations have ever been made for the newly designated director. If the department determines that such newly designated director within 12 months prior thereto has had a satisfactory state and national fingerprint records check determinations determination or an unsatisfactory determination reversed pursuant to Code Section 20-1A-43 within the prior 12 months, such determinations determination shall be deemed to be satisfactory state and national fingerprint records check determinations as to that director for purposes of this article. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that director's facility shall be indefinitely suspended or revoked unless the unsatisfactory determination as to that director is reversed in accordance with Code Section 20-1A-43 or the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there have been no state and national satisfactory or legally reversed fingerprint records check determinations regarding the newly designated director within the immediately

1750

JOURNAL OF THE HOUSE

preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after the date the notification is sent by the department. Upon such notification, the newly designated director shall follow the procedures for new directors as outlined in Code Section 20-1A-39, or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the department shall perform a state fingerprint records check determination of the newly designated director, and the applicant and that director shall be so notified. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check determination for that director as provided in Code Sections 20-1A-34 and 20-1A-35. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply.
20-1A-39. (a) Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary fingerprint records check determination. The potential employee may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the employee received a satisfactory fingerprint records check determination, or that any employee whose fingerprint records check revealed a criminal record of any kind has either subsequently received a satisfactory fingerprint records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The center shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal fingerprint records check determination was received before the employee began begins working with children. If the preliminary fingerprint records check determination for any potential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until either such potential employee has either obtained a satisfactory state and national fingerprint records check determinations determination or has had the unsatisfactory preliminary or fingerprint records check determination reversed in accordance with Code Section 20-1A-43. If either the preliminary or state or national fingerprint records check determination is

MONDAY, MARCH 4, 2013

1751

unsatisfactory, the center shall, after receiving notification of the such unsatisfactory determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section. (b) By no later than January 1, 2017, every current employee and director of any center shall obtain either a satisfactory fingerprint records check determination or shall have had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43. The center shall maintain such documentation in the appropriate personnel file, which is available to the department immediately upon request. If the fingerprint records check determination is unsatisfactory, the center shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee or director. The department shall revoke the license of a center if the center fails to comply with the requirements of this Code section. (c) Effective January 1, 2019, every employee and director of any center shall undergo additional fingerprint records checks such that the time between such additional fingerprint records checks and that employee's or director's previous fingerprint records check shall not exceed five years. The center shall maintain documentation in the appropriate personnel file, which is available to the department immediately upon request, indicating that such person has obtained such current satisfactory fingerprint records check determination or has had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43. The department shall revoke the license of a center if the center fails to comply with the requirements of this Code section. (d) A license is shall be subject to suspension or revocation and the department may refuse to issue a license if a director or employee does not undergo the records and fingerprint checks records check determination applicable to that director or employee and receive satisfactory acceptable determinations. (c)(e) After the issuance of a license, the department may require a additional fingerprint records check determinations on any director or employee to confirm identification for records search purposes, when the department has reason to believe the director or employee has a criminal record that renders the director or employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee. (d)(f) No center may hire any person as an employee unless there is on file in the center an employment history and a satisfactory preliminary fingerprint records check determination or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 20-1A-43.

1752

JOURNAL OF THE HOUSE

(e)(g) A licensee or director of a facility having an employee whom that such licensee or director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor.
20-1A-40. (a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records checks check determinations required under this article and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. (b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.
20-1A-41. (a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. (b) A center, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article.
20-1A-42. The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.
20-1A-43. A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction, provided that the hearing officer examines the circumstances of the case and makes an independent finding that

MONDAY, MARCH 4, 2013

1753

no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he or she will shall also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the such prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this chapter. If objections are made, the hearing officer will shall take such objections into consideration in considering the case.

20-1A-44. The board is authorized to provide by regulation for the administration of this article."

SECTION 3. This Act shall become effective for purposes of promulgating rules and regulations on July 1, 2013. For all other purposes, this Act shall become effective on January 1, 2014.

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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L

N McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett N Quick

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B N Turner

1754

JOURNAL OF THE HOUSE

Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter N Casas Y Chandler Y Channell Y Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman N Cooke

Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jones, S Jordan
Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Ramsey Y Randall Y Rice Y Riley N Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 18.

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

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

MONDAY, MARCH 4, 2013

1755

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 465. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:
A RESOLUTION commending the Georgia Southern University ROTC Program's 2013 Ranger Challenge Team on their victory at the Regional Ranger Challenge competition and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 553. By Representatives Teasley of the 37th, Roberts of the 155th, Rice of the 95th, Duncan of the 26th, Brockway of the 102nd and others:
A RESOLUTION commending Chipper Jones, recognizing March 5, 2013, as Chipper Jones Day at the capitol, and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 571. By Representatives Beasley-Teague of the 65th, Brooks of the 55th, Thomas of the 56th, Bennett of the 94th and Stovall of the 74th:
A RESOLUTION recognizing and commending Yvonne T. Robinson on her significant achievements; and for other purposes.
HR 572. By Representatives Nix of the 69th, Epps of the 132nd and Pezold of the 133rd:
A RESOLUTION honoring the life and memory of Mr. Walter Johnson Lukken; and for other purposes.
HR 573. By Representative Coomer of the 14th:
A RESOLUTION recognizing and commending The Yanmar America Corporation for its superior efforts during a natural disaster; and for other purposes.

1756

JOURNAL OF THE HOUSE

HR 574. By Representatives Coleman of the 97th and Clark of the 101st:

A RESOLUTION recognizing and commending the Junior Leagues of Georgia State Public Affairs Committee; and for other purposes.

HR 575. By Representatives Coleman of the 97th and Clark of the 101st:

A RESOLUTION recognizing and commending James Randolph Sandlin; and for other purposes.

HR 576. By Representatives Coleman of the 97th and Clark of the 101st:

A RESOLUTION recognizing and commending Gerald David Sandlin; and for other purposes.

HR 577. By Representatives Coleman of the 97th and Clark of the 101st:

A RESOLUTION recognizing and commending Jonathan Broniec; and for other purposes.

HR 578. By Representatives Coleman of the 97th and Clark of the 101st:

A RESOLUTION recognizing and commending William Harrison Kahrs; and for other purposes.

HR 579.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Charles Thomas Hanson III; and for other purposes.

HR 580.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Aaron Tyler Long; and for other purposes.

HR 581.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

MONDAY, MARCH 4, 2013

1757

A RESOLUTION recognizing and commending Nathan Frederick Kirksey; and for other purposes.

HR 582.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending James Brandon Johnson; and for other purposes.

HR 583.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Andrew Howard Maxwell; and for other purposes.

HR 584.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Joshua Clay Schindler; and for other purposes.

HR 585.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Robert James Harris, Jr.; and for other purposes.

HR 586.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Jeremy Ellis Milton; and for other purposes.

HR 587.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

1758

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Christian Jacob Russel Goerner; and for other purposes.

HR 588.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Timothy Edward Williams; and for other purposes.

HR 589.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Heath William Brickell; and for other purposes.

HR 590.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Samuel Burney Hay IV; and for other purposes.

HR 591.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Noah Austin Green; and for other purposes.

HR 592.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Trevor William Casey; and for other purposes.

HR 593.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

MONDAY, MARCH 4, 2013

1759

A RESOLUTION recognizing and commending Bentley Nathan Butler; and for other purposes.

HR 594.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Pierce Steven Burton; and for other purposes.

HR 595.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Travis Lamar Ransom; and for other purposes.

HR 596.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Gabriel S. Yarbrough; and for other purposes.

HR 597.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Adam James Walden; and for other purposes.

HR 598.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Michael Robert JohnsonWeeks; and for other purposes.

HR 599.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

1760

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Russell Camp Coleman III; and for other purposes.

HR 600.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Jamieson Scott Pruitt; and for other purposes.

HR 601.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION commending and recognizing Giselle Osborn on earning the Girl Scouts of America Gold Award; and for other purposes.

HR 602.

By Representatives Dickerson of the 113th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Anderson of the 92nd and Kendrick of the 93rd:

A RESOLUTION recognizing and commending Bryan Christopher Ashmore; and for other purposes.

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

HB 94.

By Representatives Welch of the 110th, Lindsey of the 54th and Willard of the 51st:

A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages, so as to change provisions relating to the reduction of earnings to present value; to provide for determining the present value of certain future damages; 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

MONDAY, MARCH 4, 2013

1761

To amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages, so as to change provisions relating to the reduction of earnings to present value; to provide for determining the present value of certain future damages; 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 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages, is amended by revising Code Section 51-12-13, relating to reduction of earnings to present value, as follows:
"51-12-13. (a) It shall be lawful for the trier of fact, in determining the present value of any future earnings, annuity, or amounts, to reduce the same to the present value upon the basis of interest calculated at 5 percent per annum In determining the present value of future medical expenses, living expenses, lost wages, or other economic damages, the trier of fact may reduce the same to the present value based on a discount rate of 5 percent or any other discount rate as the trier of fact may deem appropriate. (b) This Code section shall not be construed to provide for the introduction of evidence showing the cost of any specific private investment product, including, but not limited to, an annuity."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston

Y McCall Meadows
Y Mitchell Y Morgan
Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley

1762

JOURNAL OF THE HOUSE

Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts E Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

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

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

HB 207. By Representatives Shaw of the 176th, Roberts of the 155th, Tankersley of the 160th, Williams of the 168th, Nimmer of the 178th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, so as to provide a definition; to authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits for wildlife, so as to provide for an extended turkey season for young and mobility impaired hunters; 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 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, so as to

MONDAY, MARCH 4, 2013

1763

authorize issuance of a special turkey-hunting permit for certain young and mobility impaired hunters; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, is amended by adding a new Code section to read as follows:
"27-2-4.4. (a) As used in this Code section, the term 'mobility impaired person' means any person who has been verified by a doctor of medicine currently licensed to practice by the Georgia Composite Medical Board, the State Board of Examiners in Osteopathy, or an equivalent body of another state to have any one of the following permanent conditions:
(1) Dependance upon a wheelchair or similar device for ambulation; (2) Hemiplegia; (3) Monoplegia; (4) Paraplegia; or (5) Single-leg amputation above the knee. (b) The commissioner may issue special authorization to hunt turkeys during an extended open season to: (1) Any person who is 16 years of age or younger; or (2) Any mobility impaired person. (c) Any such special authorization shall be for the weekend prior to the first weekend of the open turkey season, as established by the department, and shall not be valid for subsequent seasons unless reauthorization is approved. (d) Such special authorization shall be subject to all other provisions of this title, and the commissioner may impose any additional terms and conditions deemed necessary to implement the provisions of this Code section."

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

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

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

Y Abrams Y Alexander Y Allison Y Anderson

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

Y McCall Y Meadows Y Mitchell Y Morgan

Sims, C Y Smith, E Y Smith, L Y Smith, M

1764

JOURNAL OF THE HOUSE

Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill
Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Lindsey Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo

Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

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

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

HB 256. By Representatives Harbin of the 122nd, Willard of the 51st, Powell of the 32nd, Pruett of the 149th and Abrams of the 89th:

A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to provide for the regulation of cigar wraps; 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.

MONDAY, MARCH 4, 2013

1765

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell
Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E
Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 166, nays 1.

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

HB 268. By Representatives Harden of the 148th, England of the 116th, Jasperse of the 11th, Burns of the 159th, Williams of the 119th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the O.C.G.A., relating to dealers in agricultural products generally, so as to remove cotton and eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to amend Article 2 of

1766

JOURNAL OF THE HOUSE

Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; 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 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, so as to remove eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to provide for an exemption; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, is amended by revising Code Section 2-9-1, relating to definitions, as follows:
"2-9-1. As used in this article, the term:
(1) 'Agricultural products' includes fruits, vegetables, eggs, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops. (2) 'Dealer in agricultural products' means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his or her agent or representative or received on consignment from the producer or his or her agent or representative or received to be handled on a net return basis from the producer. The term 'dealer in agricultural products' also includes any person buying, selling, processing, or shelling pecan nuts, including any and every kind and variety of pecan nuts. (3) 'Net return basis' means a purchase for sale of agricultural products from a producer or shipper at a price which is not fixed or stated at the time the agricultural

MONDAY, MARCH 4, 2013

1767

products are shipped from the point of origin. The term includes all purchases made 'at the market price,' 'at net worth,' and on similar terms indicating that the buyer is the final arbiter of the price to be paid. (4) 'On consignment' means any receiving or sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner. (5) 'Producer' means any producer of agricultural products."
SECTION 2. Said article is further amended by revising Code Section 2-9-4, relating to issuance of license, to read as follows:
"2-9-4. Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-7, he or she shall issue to such applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-5, a state license entitling the applicant to conduct business as a dealer in agricultural products. No fee for such license shall be charged An annual fee not to exceed $400.00 shall be required before a license is issued. Such license shall be valid until revoked or suspended as provided in this article, or until the annual license renewal fee is unpaid."
SECTION 3. Said article is further amended by revising Code Section 2-9-5, relating to bond requirements, to read as follows:
"2-9-5. Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant; provided, however, that the minimum amount of such bond shall be $10,000.00 and the maximum amount of such bond shall be $230,000.00; provided, further, that or in the case of cotton pecans, such bond shall not to exceed $150,000.00 $500,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause

1768

JOURNAL OF THE HOUSE

become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing and such person shall be ineligible to reapply for such license for a period of four years after such revocation."
SECTION 4. Said article is further amended by revising Code Section 2-9-15, relating to applicability of article, as follows:
"2-9-15. (a) This article shall not apply to:
(1) Farmers or groups of farmers in the sale of agricultural products grown by themselves; (2) Persons who buy for cash, paying at the time of purchase in United States currency, certified check, cashier's check, or the equivalent; or (3) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act,' who conduct no business at the wholesale level and who have fewer than ten employees. (b) No warehouse that is in full compliance with the provisions of Article 1 of Chapter 4 of Title 10 shall be required to obtain a license or maintain a surety bond under this article."
SECTION 5. Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, is amended by revising Code Section 2-9-30, relating to definitions, to read as follows:
"2-9-30. As used in this article, the term:
(1) 'Grain' means all products commonly classified as grain, including, but not limited to, wheat, corn, oats, barley, rye, field peas, soybeans, clover, and grain sorghum. The term does not include grain which has been produced or packaged for purchase or distribution as seed. (2) 'Grain dealer' means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any grain purchased from the producer or his or her agent or representative, received on consignment from the producer or his or her agent or representative, or received to be handled on a net return basis from the producer. (3) 'On consignment' means any receipt or sale of grain for the account of a person other than the seller in which the seller acts as the agent for the owner. (4) 'Producer' means any producer of grain."

MONDAY, MARCH 4, 2013

1769

SECTION 6. Said article is further amended by revising subsection (a) of Code Section 2-9-34, relating to bond requirements, to read as follows:
"2-9-34. (a) Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of the three preceding calendar years or such shorter period of years as the applicant has done business as a grain dealer, provided that the minimum amount of such bond shall be $20,000.00 and the maximum amount of such bond shall be $150,000.00 $300,000.00. If a licensed grain dealer operates his or her grain-dealing activities at more than one physical location, he or she shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as stated in this Code section and each bond to be subject to the minimum and maximum amounts stated in this Code section. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to the producers or their agents or representatives of the proceeds of all grain handled or sold by such dealer. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing."
SECTION 7. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing Chapter 31, relating to pecan dealers and processors, and designating said chapter as reserved.
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:

1770

JOURNAL OF THE HOUSE

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 1.

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

HB 332. By Representatives Williamson of the 115th, Hamilton of the 24th, Cooper of the 43rd, Watson of the 166th, Williams of the 119th and others:

A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to reconstitute the Georgia Board of Nursing; to provide for membership; to provide for appointment of members; to define a certain term; to repeal the Georgia Board of Examiners of Licensed Practical Nurses; to provide effective dates; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 4, 2013

1771

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 reconstitute the Georgia Board of Nursing; to provide for membership; to provide for appointment of members; to define a certain term; to repeal the Georgia Board of Examiners of Licensed Practical Nurses; to provide effective dates; 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 43-26-4, relating to the Georgia Board of Nursing, membership, meetings, and officers, as follows:
"43-26-4. (a) The Georgia Board of Nursing existing immediately prior to April 4, 1990 July 1, 2014, is continued in existence and shall continue to consist of eight members to be appointed by the Governor with the confirmation of the Senate be constituted as provided in this Code section. Those persons serving as members of the board immediately prior to July 1, 2014, shall continue to serve out their respective terms of office and until their successors are appointed. Members shall serve three-year terms and until their successors are duly appointed and qualified. Those persons serving as members of the board immediately prior to April 4, 1990, shall continue to serve out their respective terms of office and until their respective successors are appointed and qualified. No member shall be appointed to more than two consecutive full terms, and for purposes of this limitation, an appointment to fill a vacancy for an unexpired term of two or more years shall constitute an appointment for a full term. (b) A vacancy on the board for any reason other than expiration of the term shall be filled for the remainder of the unexpired term by appointment of the Governor with the confirmation of the Senate. In the event a board member changes employment which causes a conflict with this Code section, the position of the member making such change shall be immediately vacant and a new member appointed to fill the vacancy. (c) Each of seven members appointed to the board shall be a registered professional nurse; shall have practiced nursing as a registered professional nurse for at least five years since graduation and immediately prior to appointment; shall be engaged in paid employment in clinical, educational, or administrative positions, or any combination thereof; shall be a citizen of the United States; and a resident of Georgia. The eighth member shall be a consumer member appointed by the Governor. The 13 members of the board shall be appointed by the Governor with the confirmation of the Senate and shall consist of two registered nursing educators, one practical nursing educator, two

1772

JOURNAL OF THE HOUSE

registered nurses employed in nursing service administration, one registered nurse employed in nursing home administration or nursing service administration, two advanced practice registered nurses, one additional registered nurse, three licensed practical nurses, and one consumer member. (d) No fewer than two members of the board shall hold master's or doctoral degrees or both. No fewer than two members of the board shall be currently employed in nursing service administration. No fewer than two members of the board shall be currently employed in professional nursing education. No two members of the board shall be employed by the same private school, school within the University System of Georgia, private employer, agency of state government, or another public employer. In the event a board member changes employment which causes a conflict with this subsection, the position of the member making such change shall be immediately vacant and a new member appointed to fill the vacancy. (e) The board shall meet annually and shall elect from its members a president, vice president, and other officers as deemed necessary. All officers shall serve for terms of one year and until their successors have been elected. The board may hold such other meetings during the year as necessary to transact its business."
SECTION 2. Said chapter is further amended by revising Code Section 43-26-5, relating to general powers of the Georgia Board of Nursing, as follows:
"43-26-5. (a) The board shall:
(1) Be responsible for the enforcement of the provisions of this article chapter and shall be specifically granted all of the necessary duties, powers, and authority to carry out this responsibility; (2) Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this article chapter in the protection of public health, safety, and welfare; (3) Enforce qualifications for licensure under this article or Article 2 of this chapter; (4) Develop and enforce reasonable and uniform standards for nursing education and nursing practice; (5) Periodically evaluate nursing education programs and approve such programs as meet the board's requirements; (6) Deny or withdraw approval from noncompliant nursing education programs; (7) License duly qualified applicants under this article or Article 2 of this chapter by examination, endorsement, or reinstatement; (8) Be authorized to issue temporary permits; (9) Renew licenses of registered professional nurses and, licensed undergraduate nurses, and licensed practical nurses in accordance with this article or Article 2 of this chapter; (10) Be authorized to set standards for competency of licensees under this article or Article 2 of this chapter continuing in or returning to practice;

MONDAY, MARCH 4, 2013

1773

(11) Set standards for and regulate advanced nursing practice; (12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-34-23 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-25; (13) Implement the disciplinary process; (14) Be authorized to issue orders when a license under this article or Article 2 of this chapter is surrendered to the board while a complaint, investigation, or disciplinary action against such license is pending; (15) Issue a limited license to practice nursing or licensed practical nursing subject to such terms and conditions as the board may impose; (16) Provide consultation and conduct conferences, forums, studies, and research on nursing education and nursing practice; (17) Approve the selection of a qualified person to serve as executive director; (18) Be authorized to appoint standing or ad hoc committees as necessary to inform and make recommendations to the board about issues and concerns and to facilitate communication amongst the board, licensees under this article or Article 2 of this chapter, and the community; (19) Maintain membership in the national organization which develops and regulates the nursing licensing examination and the practical nursing licensing examination; (20) Be authorized to collect data regarding existing nursing and licensed practical nursing resources in Georgia and coordinate planning for nursing education and nursing practice; (21) Determine fees; and (22) Adopt a seal which shall be in the care of the executive director and shall be affixed only in such a manner as prescribed by the board. (b) The board shall be the sole professional licensing board for determining if a registered professional nurse, licensed practical nurse, or any other person has engaged illegally in the practice of nursing. If a registered professional nurse or licensed practical nurse is charged with the unauthorized practice of any other health profession by any other board, such board shall notify the Georgia Board of Nursing before conducting any hearing. Nothing contained in this article chapter shall be construed to limit any powers of any other board. (c) Chapter 1 of this title is expressly adopted and incorporated by reference into this article chapter as if all the provisions of such chapter were included in this article chapter."
SECTION 3. Said chapter is further amended by revising paragraphs (2) and (3) of Code Section 4326-32, relating to definitions, as follows:
"(2) 'Board' means the Georgia Board of Examiners of Licensed Practical Nurses Nursing created in Code Section 43-26-34 43-26-4.

1774

JOURNAL OF THE HOUSE

(3) 'Consumer member' means a United States citizen and Georgia resident who is knowledgeable about consumer health concerns, does not derive that person's primary livelihood from the practice of nursing, and shall neither be nor ever have been a health care provider or enrolled in any health related educational program. Reserved."
SECTION 4. Said chapter is further amended by revising Code Section 43-26-34, relating to the board of examiners created, appointment of members, terms, filling of vacancies, meetings, and reimbursement of expenses, as follows:
"43-26-34. (a) The Georgia Board of Examiners of Licensed Practical Nurses shall consist of seven members appointed by the Governor. The members in office on July 1, 1992, shall serve out the remainder of their respective terms and until their successors are appointed and qualified. Members shall serve a three-year term and until their successors are duly appointed and qualified. No member shall be appointed to more than two consecutive full terms and, for the purpose of this limitation, an appointment to fill a vacancy for an unexpired term which exceeds two full years shall constitute an appointment for a full term. (b) A vacancy on the board for any reason other than expiration of the term shall be filled for the remainder of the unexpired term by appointment of the Governor. Vacancies shall be filled in a timely manner. (c) Each of the seven members appointed to the board shall be a citizen of the United States and a resident of Georgia. One member shall be a registered professional nurse who is currently engaged in practical nurse education and has been a graduate of an accredited or approved school of nursing for a minimum of five years. One member shall be a nurse currently serving in an administrative position in a hospital or nursing home and who is a graduate of an accredited or approved nursing program. One member shall be a consumer. The remaining four members shall be licensed practical nurses and graduates of an accredited or approved school of practical nursing. All members except the consumer shall have a current license in good standing, at least three years' experience in nursing, and shall be currently employed in the health care delivery system. In order to have equal representation of the board members, consideration in selection should be given for geographical location and areas of specialty. (d) No two members of the current board shall be employed by the same private school, school within the Technical College System of Georgia, private employer, agency of state government, or other public employer. In the event a board member changes employment which causes a conflict defined by this subsection, the position of the member making the change shall be immediately vacant and a new member appointed to fill the vacancy. (e) The board shall meet a minimum of six times a year and may have called meetings upon notice issued by its chairman.

MONDAY, MARCH 4, 2013

1775

(f) The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. Reserved."
SECTION 5. Said chapter is further amended by amending Code Section 43-26-35, relating to the duties of the Georgia Board of Examiners of Licensed Practical Nurses, as follows:
"43-26-35. The board shall:
(1) Be responsible for the enforcement of the provisions of this article and shall be specifically granted all of the necessary duties, powers, and authority to carry out this responsibility; (2) Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this article in the protection of the public health, safety, and welfare; (3) License duly qualified applicants by examination, endorsement, or reinstatement; (4) Enforce qualifications for licensure; (5) Be authorized to set standards for competency of licensees continuing in or returning to practice; (6) Be authorized to enact rules and regulations for licensed practical nurses as they apply to the practice of practical nursing; (7) Be authorized to issue temporary permits; (8) Renew licenses of licensed practical nurses in accordance with this article; (9) Develop and enforce reasonable and uniform standards for practical nurse education and practical nurse practice; (10) Periodically evaluate practical nurse education programs and approve such programs as meeting the board's requirements; (11) Deny or withdraw approval from noncompliant practical nurse education programs; (12) Implement the disciplinary process; (13) Be authorized to issue orders when a license is surrendered to the board while a complaint, investigation, or disciplinary act against such license is pending; (14) Issue a limited license to practice practical nursing subject to such terms and conditions as the board may impose; (15) Provide consultation and conduct conferences, forums, studies, and research on practical nurse education and practical nurse practice; (16) Be authorized to appoint standing or ad hoc committees as necessary to inform and make recommendations to the board about issues and concerns and to facilitate communication among the board, licensees, and the community; (17) Maintain membership in the national organization which develops and regulates the practical nursing licensing examination; (18) Be authorized to collect data regarding existing licensed practical nursing resources in Georgia and coordinate planning for practical nursing education and practical nursing practice;

1776

JOURNAL OF THE HOUSE

(19) Determine fees; and (20) Adopt a seal which shall be in the care of the executive director and shall be affixed only in such a manner as prescribed by the board. Reserved."

SECTION 6. Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section 43-26-36, relating to application for licensure, examination, and temporary permits, as follows:
"(1) The board may issue a temporary permit to applicants for licensure by examination pursuant to paragraph (7) (8) of subsection (a) of Code Section 43-26-35 43-26-5. A temporary permit issued to an applicant for licensure by examination shall be valid from the date of issuance until the first examination scheduled for the applicant is graded and a license is issued. If the applicant does not appear for the examination, the temporary permit is shall automatically become invalid the day of the examination. If the applicant fails the examination, the permit shall automatically become invalid when the examination is graded and may not be reissued."

SECTION 7. For purposes of making initial appointments to the reconstituted Georgia Board of Nursing, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2014.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley

MONDAY, MARCH 4, 2013

1777

Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Duncan Y Dutton Y Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon
Sims, B

Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

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

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

HB 337. By Representatives Fleming of the 121st, Carter of the 175th, Cooper of the 43rd, Coleman of the 97th and Frye of the 118th:

A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

1778

JOURNAL OF THE HOUSE

The following amendment was read and adopted:

Representative Fleming of the 121st offers the following amendment: Amend HB 337 by replacing "shall" on line 27 with "may" and by replacing "who shall" on line 28 with "to".

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, as amended, the ayes were 169, nays 0.

MONDAY, MARCH 4, 2013

1779

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

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 211 HB 272 HB 399

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

Respectfully submitted, /s/ Channell of the 120th
Chairman

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

HB 125. By Representatives Hightower of the 68th, Golick of the 40th and Jasperse of the 11th:

A BILL to be entitled an Act to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to provide for a certain affidavit for persons under 18 years of age to be executed after attaining the age of 18; to provide requirements for the submission of documents; to provide that certain documents may be submitted by facsimile; to provide exceptions; 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 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to modify provisions relating to penalties for the failure of a public employer to utilize the federal work authorization program and modify provisions relating to requiring private employers to utilize the

1780

JOURNAL OF THE HOUSE

federal work authorization program; to provide legislative intent relative thereto; to amend Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of the federal work authorization program, so as to modify provisions relating to private businesses participating in the employment eligibility verification system prior to the issuance of a business license or other document and provisions related to evidence of state licensure, annual reporting, and violations; to amend Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, so as to correct a cross-reference; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to modify provisions relating to the "Secure and Verifiable Identity Document Act" and the provision of public benefits to illegal aliens and to add new provisions relating to requiring agencies to submit annual immigration compliance reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-90, relating to definitions pertaining to security and immigration compliance, as follows:
"13-10-90. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Labor. (2) 'Contractor' means a person or entity that enters into a contract for the physical performance of services with a public employer. (3) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify employment eligibility information of newly hired employees, commonly known as E-Verify, or any subsequent replacement program. (4) 'Physical performance of services' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor or services for a public employer within this state under a contract or other using a bidding process or by contract wherein the labor or services exceed $2,499.99. (5) 'Public employer' means every department, agency, or instrumentality of the this state or a political subdivision of the this state with more than one employee.

MONDAY, MARCH 4, 2013

1781

(6) 'Subcontractor' means a person or entity having privity of contract with a contractor, subcontractor, or sub-subcontractor and includes a contract employee or staffing agency. (7) 'Sub-subcontractor' means a person or entity having privity of contract with a subcontractor or privity of contract with another person or entity contracting with a subcontractor or sub-subcontractor."
SECTION 2. It is the intent of the General Assembly that all public employers and contractors at every tier and level use the federal work authorization program on all projects, jobs, and work resulting from any bid or contract and that every public employer and contractor working for a public employer take all possible steps to ensure that a legal and eligible workforce is utilized in accordance with federal immigration and employment.
SECTION 3. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising paragraph (1) of subsection (b) and subparagraph (b)(7)(A) of Code Section 13-10-91, relating to verification of new employee eligibility, applicability, and rules and regulations, as follows:
"(b)(1) A public employer shall not enter into a contract pursuant to this chapter for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:
(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program; (B) The user identification number and date of authorization for the affiant; (C) The affiant will continue to use the federal work authorization program throughout the contract period; and (D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt." "(7)(A) Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer's federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the

1782

JOURNAL OF THE HOUSE

contractor and the date of the contract between the contractor and public employer. Public employers subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this subsection. Subject to available funding, the state auditor shall conduct annual compliance audits on a minimum of at least one-half of the reporting agencies and publish the results of such audits annually on the department's Department of Audits and Accounts' website on or before September 30."
SECTION 4. Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of the federal work authorization program, issuance of a business or similar license, evidence of state licensure, annual reporting, form affidavit, violations, and investigations, is amended by revising subsections (d), (e), and (f) as follows:
"(d)(1) Before any county or municipal corporation issues or renews a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer's federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees. (2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section.

MONDAY, MARCH 4, 2013

1783

(e) Beginning December 31, 2012, and annually thereafter, any county or municipal corporation issuing or renewing a business license, occupational tax certificate, or other document required to operate a business shall provide to the Department of Audits and Accounts a report demonstrating that such county or municipality is acting in compliance with the provisions of this Code section. This annual report shall identify each license or certificate issued by the agency in the preceding 12 months and include the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the affidavit submitted at the time of application. Counties and municipal corporations subject to the requirements of this Code section shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies. (f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which may shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law's official website no later than January 1, 2012."
SECTION 5. Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, is amended by revising subsection (c) as follows:
"(c) Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (c) (d) of Code Section 50-36-1."
SECTION 6. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-361, relating to verification requirements, procedures, and conditions, exceptions, regulations, and criminal and other penalties for violations, as follows:
"50-36-1. (a) As used in this Code section, the term:
(1) 'Agency head' means a director, commissioner, chairperson, mayor, councilmember, board member, sheriff, or other executive official, whether appointed or elected, responsible for establishing policy for a public employer. (2) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state.

1784

JOURNAL OF THE HOUSE

(3) 'Applicant' means any natural person, 18 years of age or older, who has made application for access to public benefits on behalf of an individual, business, corporation, partnership, or other private entity. (4)(A) 'Public benefit' means a federal benefit as defined in 8 U.S.C. Section 1611, a state, or local benefit as defined in 8 U.S.C. Section 1621, a benefit identified as a public benefit by the Attorney General of Georgia, or a public benefit which shall include the following:
(i)(A) Adult education; (ii)(B) Authorization to conduct a commercial enterprise or business; (iii)(C) Business certificate, license, or registration; (iv)(D) Business loan; (v)(E) Cash allowance; (vi)(F) Disability assistance or insurance; (vii)(G) Down payment assistance; (viii)(H) Energy assistance; (ix)(I) Food stamps; (x)(J) Gaming license; (K) Grants; (xi)(L) Health benefits; (M) Homestead exemption; (xii)(N) Housing allowance, grant, guarantee, or loan; (xiii)(O) Loan guarantee; (xiv)(P) Medicaid; (xv)(Q) Occupational license; (xvi)(R) Professional license; (S) Public and assisted housing; (xvii)(T) Registration of a regulated business; (xviii)(U) Rent assistance or subsidy; (V) Retirement benefits; (xix)(W) State grant or loan; (xx)(X) State issued driver's license and identification card; (xxi)(Y) Tax certificate required to conduct a commercial business; (Z) Tax credit; (xxii)(AA) Temporary assistance for needy families (TANF); (xxiii)(BB) Unemployment insurance; and (xxiv)(CC) Welfare to work. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'public benefit' that may be administered in this state as defined in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the description of the benefit and shall be updated annually and distributed to the members of the General Assembly and be posted to the Attorney General's website.

MONDAY, MARCH 4, 2013

1785

(5) 'SAVE program' means the federal Systematic Alien Verification for Entitlements program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security for the same purpose. (b) Except as provided in subsection (d) of this Code section or where exempted by federal law, every agency or political subdivision shall verify the lawful presence in the United States under federal immigration law of any applicant for public benefits. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Verification of lawful presence in the United States under federal immigration law under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States under federal immigration law is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of the Technical College System of Georgia shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (e) All policies of agencies or political subdivisions regarding public benefits for postsecondary education shall comply with federal law as provided in 8 U.S.C. Section 1623. (e)(f)(1) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:

1786

JOURNAL OF THE HOUSE

(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and (B) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States and stating under federal immigration law; provided, however, that if the applicant is under the age of 18 years at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that:
(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or (ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and providing provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts' official website. (3) Documents and copies of documents required by this Code section subsection may be submitted in person, by mail, or electronically, provided the submission complies with Chapter 12 of Title 10. Copies of documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this paragraph, electronic submission shall include a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmitted method approved by the agency or political subdivision. (4) The requirements of this subsection shall not apply to any applicant applying for or renewing an application for a public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a sworn affidavit and a secure and verifiable document, as defined in Code Section 50-36-2, establishing that such applicant is a United States citizen. (f)(g) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security SAVE program. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence in the United States under federal immigration law for the purposes of this Code section.

MONDAY, MARCH 4, 2013

1787

(g)(h) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20. (h)(i) Verification of citizenship through means required by federal law shall satisfy the requirements of this Code section. (i)(j) It shall be unlawful for any agency or political subdivision to provide or administer any public benefit in violation of this Code section. On or before January 1 of each year, each agency or political subdivision which administers any public benefit shall provide an annual report to the Department of Community Affairs that identifies each public benefit, as defined in subparagraph (a)(3)(A) of this Code section, administered by the agency or political subdivision and a listing of each public benefit for which SAVE authorization for verification has not been received. Agencies and political subdivisions subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 5036-4 as proof of compliance with this subsection. Any agency failing to provide a report as required by this subsection shall not be entitled to any assistance, funds, or grants from the Department of Community Affairs. (j)(k) Any and all errors and significant delays by the SAVE program shall be reported to the United States Department of Homeland Security. (k)(l) Notwithstanding subsection (g) (h) of this Code section, any applicant for public benefits shall not be guilty of any crime for executing an affidavit attesting to his or her lawful presence in the United States under federal immigration law that contains a false statement if said such affidavit is not required by this Code section. (l)(m) In the event a legal action is filed against any agency or political subdivision alleging improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard. (m)(n) Compliance with this Code section by an agency or political subdivision shall include taking all reasonable, necessary steps required by a federal agency to receive authorization to utilize the SAVE program or any successor program designated by the United States Department of Homeland Security or other federal agency, including providing copies of statutory authorization for the agency or political subdivision to provide public benefits and other affidavits, letters of memorandum of understanding, or other required documents or information needed to receive authority to utilize the SAVE program or any successor program for each public benefit provided by such agency or political subdivision. An agency or political subdivision that takes all reasonable, necessary steps and submits all requested documents and information as required in this subsection but either has not been given access to use such programs by such federal agencies or has not completed the process of obtaining access to use such programs shall not be liable for failing to use the SAVE program or any such successor program to verify eligibility for public benefits. (n)(o) In the case of noncompliance with the provisions of this Code section by an agency or political subdivision, the appropriations committee of each house of the

1788

JOURNAL OF THE HOUSE

General Assembly may consider such noncompliance in setting the budget and appropriations. (o)(p) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter; provided, however, that the intentional and knowing failure of any agency head to abide by the provisions of this chapter shall:
(1) Be a violation of the code of ethics for government service established in Code Section 45-10-1 and subject such agency head to the penalties provided for in Code Section 45-10-28, including removal from office and a fine not to exceed $10,000.00; and (2) Be a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section or acts so as to intentionally and deliberately interfere with the implementation of the requirements of this Code section. The Attorney General shall have the authority to conduct a criminal and civil investigation of an alleged violation of this chapter by an agency or agency head and to bring a prosecution or civil action against an agency or agency head for all cases of violations under this chapter. In the event that an order is entered against an employer, the state shall be awarded attorney's fees and expenses of litigation incurred in bringing such an action and investigating such violation."
SECTION 7. Said chapter is further amended by revising Code Section 50-36-2, relating to secure and verifiable identification documents, as follows:
"50-36-2. (a) This Code section shall be known and may be cited as the 'Secure and Verifiable Identity Document Act.' (b) As used in this Code section, the term:
(1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (2) 'Public official' means an elected or appointed official or an employee or an agent of an agency or political subdivision.
(3)(A) 'Secure and verifiable document' means a document issued by a state or federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies. (B) The term 'secure and verifiable document' shall not include any foreign passport unless the passport is submitted with a valid United States Homeland Security Form I-94, I-94A, or I-94W, or other federal document specifying an alien's lawful immigration status, or other proof of lawful presence in the United States under federal immigration law; a birth certificate issued by a foreign country unless accompanied by a passport submitted with appropriate immigration documents including a visa and a valid United States Homeland Security Form I-94, I-94A, I-

MONDAY, MARCH 4, 2013

1789

94W, or I-551 stamp or other federal document specifying an alien's lawful immigration status, or other proof of lawful presence in the United States under federal immigration law; or Secure and verifiable document shall not mean a Matricula Consular de Alta Seguridad, matricula consular card, consular matriculation card, consular identification card, or similar identification card issued by a foreign government regardless of the holder's immigration status. Only those documents approved and posted by the Attorney General pursuant to subsection (f) (g) of this Code section shall be considered secure and verifiable documents. (c) Unless required by federal law, on or after January 1, 2012, no agency or political subdivision shall accept, rely upon, or utilize an identification document for any official purpose that requires the presentation of identification by such agency or political subdivision or by federal or state law unless it is a secure and verifiable document. (d) Copies of secure and verifiable documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this subsection, electronic submission shall include, but shall not be limited to, submission via facsimile, Internet, or any other electronically assisted transmitted method approved by the agency or political subdivision. (d)(e) Any person acting in willful violation of this Code section by knowingly accepting identification documents that are not secure and verifiable documents shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. (e)(f) This Code section shall not apply to: (1) A person reporting a crime; (2) An agency official accepting a crime report, conducting a criminal investigation, or assisting a foreign national to obtain a temporary protective order; (3) A person providing services to infants, children, or victims of a crime; (4) A person providing emergency medical service; (5) A peace officer in the performance of the officer's official duties and within the scope of his or her employment; (6) Instances when a federal law mandates acceptance of a document; (7) A court, court official, or traffic violation bureau for the purpose of enforcing a citation, accusation, or indictment; (8) Paragraph (2) of subsection (a) of Code Section 40-5-21 or paragraph (2) of subsection (a) of Code Section 40-5-21.1; or (9) An attorney or his or her employees for the purpose of representing a criminal defendant. (f)(g) Not later than August 1, 2011, the Attorney General shall provide and make public on the Department of Law's website a list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General."
SECTION 8. Said chapter is further amended by adding a new Code section to read as follows:

1790

JOURNAL OF THE HOUSE

"50-36-4. (a) As used in this Code section, the term:
(1) 'Agency or political subdivision' means any department, agency, authority, commission, or governmental entity of this state or any subdivision of this state. (2) 'Annual reporting period' means from December 1 of the preceding year through November 30 of the year in which the report is due. (3) 'Contractor' shall have the same meaning as set forth in Code Section 13-10-90. (4) 'Department' means the Department of Audits and Accounts. (5) 'Physical performance of services' shall have the same meaning as set forth in Code Section 13-10-90. (6) 'Public employer' shall have the same meaning as set forth in Code Section 13-1090. (b) Each agency or political subdivision subject to any of the requirements provided in Code Sections 13-10-91, 36-60-6, and 50-36-1 shall submit an annual immigration compliance report to the department by December 31 that includes the information required under subsection (d) of this Code section for the annual reporting period. If an agency or political subdivision is exempt from any, but not all, of the provisions of subsection (d) of this Code section, it shall still be required to submit the annual report but shall indicate in the report which requirements from which it is exempt. (c) The department shall create an immigration compliance reporting system and shall provide technical support for the submission of such reports. The department shall further provide annual notification of such reports with submission instructions to all agencies and political subdivisions subject to such requirements. The department shall be authorized to implement policy as is needed to carry out the requirements of this subsection. (d) The immigration compliance report provided for in subsection (b) of this Code section shall contain the following: (1) The agency or political subdivision's federal work authorization program verification user number and date of authorization; (2) The legal name, address, and federal work authorization program user number of every contractor that has entered into a contract for the physical performance of services with a public employer as required under Code Section 13-10-91 during the annual reporting period; (3) The date of the contract for the physical performance of services between the contractor and public employer as required under Code Section 13-10-91; (4) A listing of each license or certificate issued by a county or municipal corporation to private employers that are required to utilize the federal work authorization program under the provisions of Code Section 36-60-6 during the annual reporting period, including the name of the person and business issued a license and his or her federally assigned employment eligibility verification system user number as provided in the private employer affidavit submitted at the time of application; and

MONDAY, MARCH 4, 2013

1791

(5)(A) A listing of each public benefit administered by the agency or political subdivision and a listing of each public benefit for which SAVE program authorization for verification has not been received. (B) As used in this paragraph, the terms 'public benefit' and 'SAVE program' shall have the same meaning as set forth in Code Section 50-36-1."

SECTION 9. This Act shall become effective on July 1, 2013.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar Y Douglas N Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway N Geisinger Y Glanton Y Golick

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra

Y McCall Y Meadows Y Mitchell N Morgan Y Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak
Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A
Williams, C

1792

JOURNAL OF THE HOUSE

Y Clark, J Y Clark, V Y Coleman Y Cooke

N Gordon Y Gravley
Greene Gregory

N Marin Y Martin Y Maxwell N Mayo

N Sharper Y Shaw Y Sheldon Y Sims, B

N Williams, E Y 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.

HB 124. By Representatives Harrell of the 106th, Taylor of the 79th, Powell of the 32nd, Fludd of the 64th, Cooke of the 18th and others:

A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that an election in which the votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to make certain changes relating to requirements governing the sale of distilled spirits and other alcoholic beverages by retailers; to provide that an election in which the votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; to change and provide for further clarification of the definition of the term "retailer"; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising paragraph (2) of subsection (q) of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, as follows:
"(2) Any governing authority desiring to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours

MONDAY, MARCH 4, 2013

1793

of 12:30 P.M. and 11:30 P.M., pursuant to paragraph (1) of this subsection, shall so provide by proper resolution or ordinance specifying the hours during such period when such package sales may occur. Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of Sunday package sales by retailers of malt beverages, wine, and distilled spirits to the electors of that county or municipality for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the words:
'( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of malt
( ) NO beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?'
All persons desiring to vote for approval of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote 'Yes,' and all persons desiring to vote for rejection of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote 'No.' If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., the resolution or ordinance approving such Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall become effective upon the date so specified in that resolution or ordinance. If more than one-half of the votes cast on the question are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., such rejection shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. pursuant to subsection (p) of this Code section. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State."
SECTION 2. Said title is further amended by revising paragraph (19) of and by adding a new paragraph to Code Section 3-1-2, relating to definitions relative to alcoholic beverages generally, as follows:
"(19) 'Retailer' or 'retail dealer' means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled

1794

JOURNAL OF THE HOUSE

spirits, the term means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale. shall have the same meaning as the term 'retail package liquor store.' (19.1) 'Retail package liquor store' means a retail business establishment owned by an individual, partnership, corporation, association, or other business entity:
(A) Primarily engaged in the retail sale of distilled spirits, malt beverages, and wine in unbroken packages, not for consumption on the premises, except as authorized under this chapter; and (B) Which derives from such retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross sales from the sale of a combination of distilled spirits, malt beverages, and wine."

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

Pursuant to Rule 133, Representative Cheokas of the 138th was excused from voting on HB 124.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr
Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby E Murphy N Neal Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall E Rice Y Riley

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner N Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S

MONDAY, MARCH 4, 2013

1795

Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Gregory

Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

On the passage of the Bill, by substitute, the ayes were 161, nays 4.

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

HB 131. By Representatives Clark of the 101st, Coleman of the 97th, Kaiser of the 59th, Jones of the 47th, Taylor of the 173rd and others:

A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, is amended by revising Code Section 20-2-157, relating

1796

JOURNAL OF THE HOUSE

to uniform reporting system for certain purposes and academic eligibility requirements to receive HOPE scholarship, as follows:
"20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (a.1) As used in this Code section, the term 'dual credit course' shall have the same meaning as in Code Section 20-2-159.5. (b) Each school system and private school shall adopt the reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(1) Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, except as otherwise provided in paragraph (3.1) of this subsection, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows:
(A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a

MONDAY, MARCH 4, 2013

1797

grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement, a dual credit course, or international baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the this state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; (3.1) For students otherwise qualified and enrolling in the ninth grade for the first time during the 2008-2009 school year and thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section by equating each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language during the student's ninth, tenth, eleventh, or twelfth grade year to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement, a dual credit course, or international baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the this state taking the specified coursework. Any student earning grades reported for purposes of this paragraph for coursework provided for by an individualized education program may petition the Georgia Student Finance Commission for a special weighting of such grades or a waiver of the grade point average requirement for HOPE scholarship eligibility. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; and (4) Qualification for the HOPE scholarship shall be determined from the grade point average calculated either as set out in paragraph (3) of this subsection or as set out in paragraph (3.1) of this subsection for students enrolling in the ninth grade for the first time in a Georgia public school during the 2008-2009 school year and thereafter. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. For students enrolling in the ninth grade for the first time in a Georgia public school during the 2008-2009 school year and thereafter, such students with grade point averages equal to or in excess of 3.0 on a 4.0 scale shall meet achievement standards for the HOPE scholarship. This paragraph shall apply regardless of when a student graduated from high school and regardless of such student's eligibility status prior to May 1, 2007.

1798

JOURNAL OF THE HOUSE

(c)(1) Beginning with the school year beginning after May 1, 2011, each school system and private school shall adopt the reporting system described in this subsection for purposes of determining potential eligibility for freshman, sophomore, and junior high school students for the HOPE scholarship program and other programs identified in this Code section. (2) Each school system and private school shall transmit to the Georgia Student Finance Commission, in such manner and at such times as the commission may prescribe, an electronic transcript of courses and course grades for each freshman, sophomore, and junior high school student that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for potential HOPE scholarship eligibility shall be the actual grade earned by the student with no weighting or addition of points by the school system or private school. (3) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their potential eligibility and high schools as to the potential eligibility of students. (d) Beginning with students graduating from high school on or after May 1, 2015, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least two courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection. (e) Beginning with students graduating from high school on or after May 1, 2016, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least three courses prior to graduating from high school from the following categories:

MONDAY, MARCH 4, 2013

1799

(1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core courses subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection. (f) Beginning with students graduating from high school on or after May 1, 2017, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least four courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core courses subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

1800

JOURNAL OF THE HOUSE

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden E Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 1.

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

HB 192. By Representatives Kidd of the 145th and Sharper of the 177th:

A BILL to be entitled an Act to amend Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, so as to provide that podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

MONDAY, MARCH 4, 2013

1801

A BILL TO BE ENTITLED AN ACT

To amend Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, so as to provide that podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, is amended by revising subparagraph (A) of paragraph (5) as follows:
"(A) Charging a fee or other compensation, either directly or indirectly, for any history or physical examination of a patient in a person's office or in a hospital, clinic, or other similar facility prior to, incident to, and necessary for the diagnosis and treatment, by primary medical care, surgical or other means, of diseases, ailments, injuries, cosmetic conditions, or abnormal conditions of the human foot and leg. As used in this subparagraph, the term 'cosmetic' means a surgical or medical procedure intended to enhance the physical appearance or function of the foot, ankle, or leg, including, but not limited to, skin problems such as blemishes, spider veins, and scar revisions;"

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton

E Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes

Y Hamilton Y Harbin Y Harden E Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton

1802

JOURNAL OF THE HOUSE

Y Beverly Black
Y Braddock Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dunahoo Y Duncan Y Dutton
Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene Y Gregory

N Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey Y Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S N Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 4.

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

HB 361. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st:

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

MONDAY, MARCH 4, 2013

1803

To amend Article 2 of Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to membership in labor organizations, so as to provide for definitions; to provide for a statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to provide for related matters; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to membership in labor organizations, is amended in Code Section 34-6-20, relating to definitions, as follows:
"34-6-20. As used in this article, the term:
(1) 'Employee' includes any employee and shall not be limited to the employees of a particular employer. (2) 'Employer' includes any person acting in the interest of an employer, directly or indirectly, but shall not include the United States, a state or any political subdivision thereof, any person subject to the Railway Labor Act, as amended, any person employed by a transit authority subject to the provisions and requirements of Section 13(c) of the Federal Transit Act, 49 U.S.C. Section 5333(b), any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization. (3) 'Employment' means employment by an employer. (4) 'Federal labor laws' means the National Labor Relations Act and the Labor Management Relations Act, as amended by federal administrative regulations relating to labor and management or employee and employer issues, and the United States Constitution as amended and as construed by the federal courts. (5) 'Governmental body' means the State of Georgia or any local government or its subdivisions, including but not limited to cities, municipalities, counties, and any public body, agency, board, commission or other governmental, quasi-governmental, or quasi-public body, or like capacity of local government or its subdivision. (4)(6) 'Labor organization' means any organization of any kind or any agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:

1804

JOURNAL OF THE HOUSE

"34-6-20.1. The rights protected under federal labor laws include, but are not limited to:
(1) An employer's or employee's right to express views in favor of or contrary to unionization and any other labor relations issues to the full extent allowed by the First Amendment of the United States Constitution and Section 8(c) of the National Labor Relations Act; (2) An employee's right to participate in, and an employer's right to demand, a secret ballot election under federal law, including, without limitation, the full procedural protections afforded by such laws for defining the unit, conducting the election campaign and election, and making any challenges or objections thereto; and (3) An employer's right to:
(A) Oppose the recognition of a labor organization based solely on reviewing authorization cards absent a secret ballot election conducted in accordance with federal labor laws; (B) Refuse to release sensitive and private employee information beyond the requirements of federal labor laws; (C) Maintain the confidentiality of employee information to the maximum extent allowed by federal labor laws; and (D) Restrict access to its property or business to the maximum extent allowed by federal labor laws."
SECTION 3. Said article is further amended by revising Code Section 34-6-21, relating to membership in or resignation from a labor organization as a condition of employment, as follows:
"34-6-21. (a) No individual shall be required as a condition of employment or continuance of employment to be or remain a member or an affiliate of a labor organization or to resign from or to refrain from membership in or affiliation with a labor organization. (b) No governmental body may pass any law, ordinance, or regulation or impose any contractual, zoning, permitting, licensing, or other condition that requires any employer or employee to waive statutory rights under federal labor laws. (c) No governmental body may pass any law, ordinance, or regulation that would require, in whole or in part, an employer or multiple employer association to accept or otherwise agree to any provisions that are mandatory or nonmandatory subjects of collective bargaining under federal labor laws, including, but not limited to, any limitations on an employer's or multiple employer association's right to engage in collective bargaining with a labor organization, to lock out employees, or to operate during a work stoppage; provided, however, that the foregoing shall not invalidate or otherwise restrict the application of federal labor laws. (d) No employer or labor organization shall be forced to enter into any agreement, contract, understanding, or practice, written or oral, implied or expressed, that subverts the established process by which employees may make informed and free decisions

MONDAY, MARCH 4, 2013

1805

regarding representation and collective bargaining rights provided for by federal labor laws."
SECTION 4. Said article is further amended by revising Code Section 34-6-25, relating to deductions from employees' earnings of fees of labor organizations, as follows:
"34-6-25. (a) No employer shall deduct from the wages or other earnings of any employee any fee, assessment, or other sum of money whatsoever to be held for or to be paid over to a labor organization except on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year written authorization of the employee. Such authorization may be revoked at any time at the request of the employee. (b) Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to the effective date of this Code section. (c) This Code section shall not apply to any collective bargaining agreement entered into pursuant to the Railway Labor Act, as amended, or to any professional association whose membership is exclusively composed of educators, law enforcement officers, or firefighters not engaged or engaging in contracting or collective bargaining."
SECTION 5. Said article is further amended by revising Code Section 34-6-26, relating to contracts allowing deductions from employees' earnings of fees of labor organizations, as follows:
"34-6-26. (a) It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer for the deduction of any fee, assessment, or other sum of money whatsoever from the wages or other earnings of an employee to be held for or to be paid over to a labor organization except upon the condition to be embodied in said such contract that such deduction will be made only on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year written authorization of the employee. Such authorization may be revoked at any time at the request of the employee. (b) Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to the effective date of this Code section."
SECTION 6. This Act shall be severable as provided by Code Section 1-1-3 of Official Code of Georgia Annotated.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

1806

JOURNAL OF THE HOUSE

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

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart E England N Epps, C Y Epps, J E Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon Y Gravley N Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill N Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold
Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M
Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.
Thomas, B Y Turner
VACANT N Waites E Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson
Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 110, nays 57.

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

House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334

MONDAY, MARCH 4, 2013

1807

March 4, 2013
Dear Rep. Barbara Sims,
I was called out on a medical emergency here at the Capitol.
I wish to be on record as voting in favor (yes) on HB 361.
/s/ Ben Watson Rep. Ben Watson, MD
The Speaker Pro Tem assumed the Chair.
Representative Hatchett of the 150th District, Vice-Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 318 Do Pass, by Substitute
Respectfully submitted, /s/ Hatchett of the 150th
Vice-Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 362. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13, 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 bonds for public works contracts, competitive award requirements, and 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 for an

1808

JOURNAL OF THE HOUSE

effective date and applicablity; to repeal conflicting laws; and for other purposes.

Pursuant to Rule 133, Representative Quick of the 117th was excused from voting on HB 362.

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 Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart E England N Epps, C Y Epps, J E Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley N Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse
Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold
Powell, A Y Powell, J Y Pruett
Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.
Thomas, B Y Turner
VACANT N Waites E Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 110, nays 59.

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

MONDAY, MARCH 4, 2013

1809

House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334

March 4, 2013

Dear Rep. Barbara Sims,

I was called out on a medical emergency here at the Capitol.

I wish to be on record as voting in favor (yes) on HB 362.

/s/ Ben Watson Rep. Ben Watson, MD

The Speaker assumed the Chair.

HB 297. By Representatives Buckner of the 137th, Smith of the 134th, Pezold of the 133rd and Teasley of the 37th:

A BILL to be entitled an Act to amend Code Section 50-3-54 of the Official Code of Georgia Annotated, relating to the state wild flower, so as to designate the native azalea as the state wild flower; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick

E Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T

1810

JOURNAL OF THE HOUSE

Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites E Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 172, nays 0.

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

House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334

March 4, 2013

Dear Rep. Barbara Sims,

I was called out on a medical emergency here at the Capitol.

I wish to be on record as voting in favor (yes) on HB 297.

/s/ Ben Watson Rep. Ben Watson, MD

HB 229. By Representatives Teasley of the 37th, Shaw of the 176th, Golick of the 40th, Taylor of the 173rd, Carson of the 46th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide for removing the insurer annual publication requirement; to provide that the Commissioner shall provide on the department's website a financial summary position of

MONDAY, MARCH 4, 2013

1811

each insurer; to provide for changes to the submission of reports by property and casualty insurers; 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 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide for changes to the submission of reports by property and casualty insurers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Said chapter is further amended by revising Code Section 33-3-21.1, relating to submission of reports by property and casualty insurers, types of insurance to which requirement applies, contents of report, date due, and publication, as follows:
"33-3-21.1. (a) As part of the annual report of the affairs and operations of an insurer under Code Section 33-3-21, By rule or regulation, the Commissioner may require each insurer licensed to write property and casualty insurance shall be required by the Commissioner to submit a report on a form furnished by the Commissioner showing its direct writings in this state. (b) The report required permitted by subsection (a) of this Code section shall may include but not be limited to the following types of insurance written by such insurer:
(1) Motor vehicle bodily injury liability insurance, including medical pay insurance; (2) Products liability insurance; (3) Medical malpractice insurance; (4) Architect and engineer malpractice insurance; (5) Attorney malpractice insurance; (6) Motor vehicle personal injury protection insurance; (7) Motor vehicle property liability insurance; (8) Uninsured motorist insurance; (9) Underinsured motorist insurance; and (10) Commercial casualty or property insurance as defined in paragraph (1) of Code Section 33-7-3 or Code Section 33-7-6. (c) Additionally, the report shall include the following information: (1) Direct premiums written; (2) Direct premiums earned;

1812

JOURNAL OF THE HOUSE

(3) Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary; (4) Incurred claims, developed as a sum of, and with figures provided for, the following:
(A) Dollar amount of claims closed with payment; plus (B) Reserves for reported claims at the end of the current year; minus (C) Reserves for reported claims at the end of the previous year; plus (D) Reserves for incurred but not reported claims at the end of the current year; minus (E) Reserves for incurred but not reported claims at the end of the previous year; plus (F) Reserves for loss adjustment expense at the end of the current year; minus (G) Reserves for loss adjustment expense at the end of the previous year; (5) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, general office expenses, taxes, licenses, fees, and all other expenses; (6) Net underwriting gain or loss; and (7) Net operation gain or loss, including net investment income. (d) The annual report shall be due by March 1 of each year, beginning in 1987, and shall cover the prior calendar year. (e)(d) It shall be the duty of the Commissioner annually to compile and review all such reports submitted by insurers pursuant to this Code section. The reports shall be published and made available to the public Any reports provided under this Code section shall be made available to the public for inspection."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley

E Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland

MONDAY, MARCH 4, 2013

1813

Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites E Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

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

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

House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334

March 4, 2013

Dear Rep. Barbara Sims,

I was called out on a medical emergency here at the Capitol.

I wish to be on record as voting in favor (yes) on HB 229.

/s/ Ben Watson Rep. Ben Watson, MD

By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until tomorrow:

1814

JOURNAL OF THE HOUSE

HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others:
A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Dempsey of the 13th moved that the following Bill of the House be withdrawn from the Committee on Insurance and recommitted to the Committee on Health & Human Services:
HB 511. By Representatives Dempsey of the 13th, Watson of the 166th, Cooper of the 43rd, Sims of the 123rd, Clark of the 101st and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for a pilot program to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions; to provide for eligibility; to provide for requirements; to provide for a review panel; to provide for an evaluation report on the pilot program; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Weldon of the 3rd moved that the following Bill of the House be withdrawn from the Committee on Ways & Means and recommitted to the Committee on Judiciary:
HB 520. By Representatives Weldon of the 3rd and Willard of the 51st:
A BILL to be entitled an Act to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to distribution and use of proceeds, certificate specifying percentage of proceeds for each political subdivision,

MONDAY, MARCH 4, 2013

1815

determination of proceeds for absent municipalities, procedure for filing certificates, effect of failure to file, and renegotiation of certificate, so as to extend temporarily the time for filing certificates providing for the distribution of local option sales and use tax proceeds; to provide for related matters; to provide an effective date; 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 266. By Representative Peake of the 141st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
The following 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 that any tax credits earned for qualified research expenses under Code Section 48-7-40.12 in any taxable year beginning before January 1, 2012, and any carryforward attributable thereto, are governed by such Code section in effect for the taxable year in which the credit was earned; to change the definition of energy used in agriculture; to provide for dealers to elect between manufacturing and agricultural exemptions; to place a good faith standard on a seller regarding exemptions from taxation; to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental and leased motor vehicles; to provide for alternative state and local title ad valorem tax fee payments for motor vehicles that are directly financed by dealers of used motor vehicles;

1816

JOURNAL OF THE HOUSE

to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for rental and leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales and leases; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, 2011 2012, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2012 January 3, 2013, except that Section 85(c), Section 108(i), Section 163(e)(5)(F) Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 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, shall be $250,000.00 for tax years beginning in 2012, and shall be $250,000.00 for tax years beginning in 2013, 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, shall be $800,000.00 for tax years beginning in 2012, and shall be $800,000.00 for tax years beginning in 2013, and provided that Section 1106 of federal Public Law 112-95 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2013)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2013),' and notwithstanding any other provision in this title, no interest shall be refunded with

MONDAY, MARCH 4, 2013

1817

respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95. 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, 2012 January 3, 2013, 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, 2011 2012, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2012 January 3, 2013, 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 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and reports, as follows:
"48-5C-1. (a) As used in this Code section, the term:
(1) 'Dealer of used motor vehicles that directly finances the sale of a used motor vehicle' means a used car dealer that sells used motor vehicles under or subject to a retail installment contract and holds the retail installment contract or sells it to a related finance company and not to third party. (1)(2) 'Fair market value of the motor vehicle' means:
(A) The For a used motor vehicle, the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner and based upon a nationally recognized motor vehicle industry pricing guide for fair market and wholesale mark values in determining the taxable value of a motor vehicle under Code Section 48-5-442, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; (B) For a used motor vehicle which is not so listed in such current motor vehicle ad valorem assessment manual, the value from the bill of sale or the value from a reputable used car market guide designated by the commissioner, whichever is greater, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; or (C) The fair market value determined by the state revenue commissioner from the bill of sale of a new motor vehicle for which there is no value under subparagraph (A) of this paragraph, less any rebate and before any reduction for the trade-in value of another motor vehicle. For a new motor vehicle, the greater of the retail selling price or, in the case of a lease of a new motor vehicle, the agreed upon value of the vehicle pursuant to the lease agreement or the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the

1818

JOURNAL OF THE HOUSE

current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner in determining the taxable value of a motor vehicle under Code Section 48-5-442, less any reduction for the trade-in value of another motor vehicle and any rebate or any cash discounts provided by the selling dealer and taken at the time of sale. The retail selling price or agreed upon value shall include any charges for labor, freight, delivery, dealer fees, and similar charges and dealer add-ons and mark-ups, but shall not include any extended warranty or maintenance agreement itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately. (2)(3) 'Immediate family member' means spouse, parent, child, sibling, grandparent, or grandchild. (3)(4) 'Loaner vehicle' means a motor vehicle owned by a dealer which is withdrawn temporarily from dealer inventory for exclusive use as a courtesy vehicle loaned at no charge for a period not to exceed 30 days within a calendar year 366 day period to any one customer whose motor vehicle is being serviced by such dealer. (4)(5) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease, including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales and use taxes. (5)(6) 'Rental motor vehicle' means a motor vehicle designed to carry ten 15 or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver. (6)(7) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value. (7)(8) 'Trade-in value' means the value of the motor vehicle as stated in the bill of sale for a vehicle which has been traded in to the dealer in a transaction involving the purchase of another vehicle from the dealer. (b)(1)(A) Except as otherwise provided in this subsection, any motor vehicle for which a title is issued in this state on or after March 1, 2013, shall be exempt from sales and use taxes to the extent provided under paragraph (92) (95) of Code Section 48-8-3 and shall not be subject to the ad valorem tax as otherwise required under Chapter 5 of Title 48 this title. Any such motor vehicle shall be titled as otherwise required under Title 40 but shall be subject to a state title fee and a local title fee which shall be alternative ad valorem taxes as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. Motor vehicles registered under the International Registration Plan shall not be subject to state and local title ad valorem tax fees but shall continue to be subject to apportioned ad valorem taxation under Article 10 of Chapter 5 of this title.
(B)(i) As used in this subparagraph, the term: (I) 'Local base amount' means $1 billion.

MONDAY, MARCH 4, 2013

1819

(II) 'Local current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle local ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the title ad valorem tax adjustments are required to be made under this subparagraph. (III) 'Local target collection amount' means an amount equal to the local base amount added to the product of 2 percent of the local base amount multiplied by the number of years since 2012 with a maximum amount of $1.2 billion. (IV) 'State base amount' means $535 million. (V) 'State current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle state ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the state and local title ad valorem tax rate is to be reviewed for adjustment under division (xiv) of this subparagraph. Notwithstanding the other provisions of this subdivision to the contrary, the term 'state current collection amount' for the 2014 calendar year for the purposes of the 2015 review under division (xiv) of this subparagraph shall be adjusted so that such amount is equal to the amount of motor vehicle state ad valorem tax proceeds that would have been collected under this Code section in 2014 if the combined state and local title ad valorem tax rate was 7 percent of the fair market value of the motor vehicle less any trade-in value plus the total amount of motor vehicle state ad valorem tax proceeds collected under Chapter 5 of this title during 2014. (VI) 'State target collection amount' means an amount equal to the state base amount added to the product of 2 percent of the state base amount multiplied by the number of years since 2012. (ii) The combined state and local title ad valorem tax shall be at a rate equal to: (I) For the period commencing March 1, 2013, through December 31, 2013, 6.5 percent of the fair market value of the motor vehicle less any trade-in-value; (II) For the 2014 tax year, 6.75 percent of the fair market value of the motor vehicle less any trade-in value; and (III) Except as provided in division (xiv) of this subparagraph, for the 2015 and subsequent tax years, 7 percent of the fair market value of the motor vehicle less any trade-in value. (iii) For the period commencing March 1, 2013, through December 31, 2013, the state title ad valorem tax shall be at a rate equal to 57 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 43 percent of the tax rate specified in division (ii) of this subparagraph. (iv) For the 2014 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the

1820

JOURNAL OF THE HOUSE

local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (v) For the 2015 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (vi) For the 2016 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 53.5 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 46.5 percent of the tax rate specified in division (ii) of this subparagraph. (vii) For the 2017 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 44 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 56 percent of the tax rate specified in division (ii) of this subparagraph. (viii) For the 2018 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 40 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 60 percent of the tax rate specified in division (ii) of this subparagraph. (ix) For the 2019 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 36 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 64 percent of the tax rate specified in division (ii) of this subparagraph. (x) For the 2020 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 34 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 66 percent of the tax rate specified in division (ii) of this subparagraph. (xi) For the 2021 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 30 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 70 percent of the tax rate specified in division (ii) of this subparagraph. (xii) For the 2022 and all subsequent tax years, except as otherwise provided in division (xiii) of this subparagraph for tax years 2022, 2023, and 2024 and except as otherwise provided in division (xiv) of this subparagraph for tax year 2023, the state title ad valorem tax shall be at a rate equal to 28 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 72 percent of the tax rate specified in division (ii) of this subparagraph.

MONDAY, MARCH 4, 2013

1821

(xiii) Beginning in 2016, by not later than January 15 of each tax year through the 2022 tax year, the state revenue commissioner shall determine the local target collection amount and the local current collection amount for the preceding calendar year. If such local current collection amount is equal to or within 1 percent of the local target collection amount, then the state title ad valorem tax rate and the local title ad valorem tax rate for such tax year shall remain at the rate specified in this subparagraph for that year. If the local current collection amount is more than 1 percent greater than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be reduced automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be increased by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. If the local current collection amount is more than 1 percent less than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be reduced by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. In the event of an adjustment of such ad valorem tax rates, by not later than January 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted rate amounts. The effective date of such adjusted rate amounts shall be January 1 of such tax year. (xiv) In tax years 2015, 2018, and 2022, by not later than July 1 of each such tax year, the state revenue commissioner shall determine the state target collection amount and the state current collection amount for the preceding calendar year. If such state current collection amount is greater than, equal to, or within 1 percent of the state target collection amount after making the adjustment, if any, required in division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall remain at the rate specified in such division. If the state current collection amount is more than 1 percent less than the state target collection amount after making the adjustment, if any, required by division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the state current collection amount would have produced an amount equal to the state target collection amount, and the state title ad valorem tax rate

1822

JOURNAL OF THE HOUSE

and the local title ad valorem tax rate for the tax year in which such increase in the combined state and local title ad valorem tax rate shall become effective shall be adjusted from the rates specified in this subparagraph or division (xiii) of this subparagraph for such tax year such that the proceeds from such increase in the combined state and local title ad valorem tax rate shall be allocated in full to the state. In the event of an adjustment of the combined state and local title ad valorem tax rate, by not later than August 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted combined state and local title ad valorem tax rate for the next calendar year. The effective date of such adjusted combined state and local title ad valorem tax rate shall be January 1 of the next calendar year. Notwithstanding the provisions of this division, the combined state and local title ad valorem tax rate shall not exceed 9 percent. (xv) The state revenue commissioner shall promulgate such rules and regulations as may be necessary and appropriate to implement and administer this Code section, including, but not limited to, rules and regulations regarding appropriate public notification of any changes in rate amounts and the effective date of such changes and rules and regulations regarding appropriate enforcement and compliance procedures and methods for the implementation and operation of this Code section. (C) The application for title and the state and local title ad valorem tax fees provided for in subparagraph (A) of this paragraph shall be paid to the tag agent in the county in which the purchaser registers such motor vehicle where the motor vehicle is to be registered and shall be paid at the time the purchaser applies for a title and registers such motor vehicle the application for a certificate of title is submitted or, in the case of an electronic title transaction, at the time when the electronic title transaction is finalized. In an electronic title transaction, the state and local title ad valorem tax fees shall be remitted electronically directly to the county tag agent. A dealer of new or used motor vehicles may accept such application for title and state and local title ad valorem tax fees on behalf of the purchaser of a new or used motor vehicle for the purpose of delivering submitting or, in the case of an electronic title application, finalizing such title application and remitting state and local title ad valorem tax fees to the county tag agent to obtain a tag and title for the purchaser of such motor vehicle. (D) There shall be a penalty imposed on any person who, in the determination of the commissioner, falsifies any information in any bill of sale used for purposes of determining the fair market value of the motor vehicle. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the commissioner. Such determination shall be made within 60 days of the commissioner receiving information of a possible violation of this paragraph. (E) Except in the case in which an extension of the registration period has been granted by the county tag agent under Code Section 40-2-20, a A dealer of new or

MONDAY, MARCH 4, 2013

1823

used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and does not transmit submit or, in the case of an electronic title transaction, finalize such application for title and remit such state and local title ad valorem tax fees to the county tag agent within 10 30 days following the date of purchase shall be liable to the county tag agent for an amount equal to 5 percent of the amount of such state and local title ad valorem tax fees. An additional penalty equal to 10 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 60 days following the date of purchase. An additional 5 percent penalty equal to 15 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 90 days following the date of purchase, and an additional penalty equal to 20 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 120 days following the date of purchase. An additional penalty equal to 25 percent of the amount of such state and local title ad valorem tax fees shall be imposed for each subsequent month 30 day period in which the payment is not transmitted. (F) A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and converts such fees to his or her own use shall be guilty of theft by conversion and, upon conviction, shall be punished as provided in Code Section 168-12.
(G)(i) During the period from March 1, 2013, until June 30, 2013, a dealer of used motor vehicles that directly finances the sale of a used motor vehicle shall pay the full amount of the state and local title ad valorem tax fees due at the time of the sale of the motor vehicle. (ii) On and after July 1, 2013, a dealer of used motor vehicles that directly finances the sale of a used motor vehicle shall either pay the full amount of the state and local title ad valorem tax fees due at the time of the sale of the motor vehicle or may elect to register with the department and pay in accordance with division (iii) of this subparagraph. (iii) If a dealer of used motor vehicles under this subparagraph chooses to participate in the provisions of this division, such dealer shall register annually with the department and pay an administrative fee of $100.00. Used motor vehicles sold and directly financed by dealers who register and pay the administrative fee under this division shall be subject to a state and local title ad valorem tax fee at a rate equal to 2 percent less than the rate specified in division (b)(1)(B)(ii) of this Code section. (2) A person or entity acquiring a salvage title pursuant to subsection (b) of Code Section 40-3-36 shall not be subject to the fee specified in paragraph (1) of this subsection but shall be subject to a state title ad valorem tax fee in an amount equal to 1 percent of the fair market value of the motor vehicle. Such state title ad valorem tax

1824

JOURNAL OF THE HOUSE

fee shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (c)(1) The amount of proceeds collected by tag agents each month as state and local title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest pursuant to subsection (b) of this Code section shall be allocated and disbursed as provided in this subsection. (2) For the 2013 tax year and in each subsequent tax year, the amount of such funds shall be disbursed within 30 20 days following the end of each calendar month as follows:
(A) State title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest shall be remitted to the state revenue commissioner who shall deposit such proceeds in the general fund of the state less an amount to be retained by the tag agent not to exceed 1 percent of the total amount otherwise required to be remitted under this subparagraph to defray the cost of administration. Such retained amount shall be remitted to the collecting county's general fund. Failure by the tag agent to disburse within such 30 20 day period shall result in a forfeiture of such administrative fee plus interest on such amount at the rate specified in Code Section 48-2-40; and (B) Local title ad valorem tax fees, administrative fees, penalties, and interest shall be designated as local government ad valorem tax funds. The tag agent shall then distribute the proceeds as specified in paragraph (3) of this subsection. (3) The local title ad valorem tax fee proceeds required under this subsection shall be distributed as follows: (A) The tag agent of the county shall within 30 20 days following the end of each calendar month allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county an amount of those proceeds necessary to offset any reduction in ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in the taxing jurisdiction of each governing authority and school district from the amount of ad valorem taxes on motor vehicles collected under Chapter 5 of Title 48 this title in each such governing authority and school district during the same calendar month of 2012. This reduction shall be calculated by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in that taxing jurisdiction in the same calendar month of 2012. In the event that the local title ad valorem tax fee proceeds are insufficient to fully offset such reduction in ad valorem taxes on motor vehicles, the tag agent shall allocate a proportionate amount of the proceeds to each governing authority and to the board of education of each such school district, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to

MONDAY, MARCH 4, 2013

1825

first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; and (B) Of the proceeds remaining following the allocation and distribution under subparagraph (A) of this paragraph, the tag agent shall allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county the remaining amount of those proceeds in the manner provided in this subparagraph. Such proceeds shall be deposited in the general fund of such governing authority or board of education and shall not be subject to any use or expenditure requirements provided for under any of the following described local sales and use taxes but shall be authorized to be expended in the same manner as authorized for the ad valorem tax revenues on motor vehicles under Chapter 5 of Title 48 this title which would otherwise have been collected for such governing authority or board of education. Of such remaining proceeds:
(i) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district and the board of education of each independent school district located in such county in the same manner as required for any local sales and use tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 this title currently in effect. If such tax is not currently in effect, such proceeds shall be distributed to such board or boards of education in the same manner as if such tax were in effect;
(ii)(I) Except as otherwise provided in this division, an amount equal to onethird of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect. (II) If such tax were never in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (III) If such tax is currently in effect as well as a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment, an amount equal to one-third of such proceeds shall be distributed in the same manner as required under subdivision (I) of this division and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district. (IV) If such tax is not currently in effect and a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment is currently in effect, such proceeds shall be distributed to the board of education of the county school district and the board of education of any independent school

1826

JOURNAL OF THE HOUSE

district in the same manner as required under that local constitutional amendment. (V) If such tax is not currently in effect and a homestead option sales and use tax under Article 2A of Chapter 8 of Title 48 this title is in effect, such proceeds shall be distributed to the governing authority of the county, each qualified municipality, and each existing municipality in the same proportion as otherwise required under Code Section 48-8-104; and (iii)(I) An amount equal to one-third of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under an intergovernmental agreement or as otherwise required under the county special purpose local option sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title currently in effect; provided, however, that this subdivision shall not apply if subdivision (III) of division (ii) of this subparagraph is applicable. (II) If such tax were in effect but expired and is not currently in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as if such tax were still in effect according to the intergovernmental agreement or as otherwise required under the county special purpose local sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title for the 12 month period commencing at the expiration of such tax. If such tax is not renewed prior to the expiration of such 12 month period, such amount shall be distributed in accordance with subdivision (I) of division (ii) of this subparagraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 this title is not in effect, such amount shall be distributed in accordance with subdivision (II) of division (ii) of this subparagraph. (III) If such tax is not currently in effect in a county in which a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, such proceeds shall be distributed to the governing body of the authority created by local Act to operate such metropolitan area system of public transportation. (IV) If such tax were never in effect, such proceeds shall be distributed in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect; provided, however, that if such tax under such article is not in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county.

MONDAY, MARCH 4, 2013

1827

(d)(1)(A) Upon the death of an owner of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the death of an owner of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (2)(A) Upon the transfer from an immediate family member of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members who receive such motor vehicle shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the transfer from an immediate family member of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member who receives such motor vehicle shall transfer title of such motor vehicle to such recipient family member and shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (C) Any title transfer under this paragraph shall be accompanied by an affidavit of the transferor and transferee that such persons are immediate family members to one

1828

JOURNAL OF THE HOUSE

another. There shall be a penalty imposed on any person who, in the determination of the state revenue commissioner, falsifies any material information in such affidavit. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the state revenue commissioner. Such determination shall be made within 60 days of the state revenue commissioner receiving information of a possible violation of this paragraph. (3) Any individual who: (A) Is required by law to register a motor vehicle or motor vehicles in this state which were registered in the state in which such person formerly resided; and (B) Is required to file an application for a certificate of title under Code Section 403-21 or 40-3-32 shall only be required to pay state and local title ad valorem tax fees in the amount of 50 percent of the amount which would otherwise be due and payable under this subsection at the time of filing the application for a certificate of title, and the remaining 50 percent shall be paid within 12 months. (4) The state and local title ad valorem tax fees provided for under this Code section shall not apply to corrected titles, replacement titles under Code Section 40-3-31, or titles reissued to the same owner pursuant to Code Sections 40-3-50 through 40-3-56. (5) Any motor vehicle subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section shall continue to be subject to the title, license plate, revalidation decal, and registration requirements and applicable fees as otherwise provided in Title 40 in the same manner as motor vehicles which are not subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (6) Motor vehicles owned or leased by or to the state or any county, consolidated government, municipality, county or independent school district, or other government entity in this state shall not be subject to the state and local title ad valorem tax fees provided for under paragraph (1) of subsection (b) of this Code section; provided, however, that such other government entity shall not qualify for the exclusion under this paragraph unless it is exempt from ad valorem tax and sales and use tax pursuant to general law. (7)(A) Any motor vehicle which is exempt from sales and use tax pursuant to paragraph (30) of Code Section 48-8-3 shall be exempt from state and local title ad valorem tax fees under this subsection. (B) Any motor vehicle which is exempt from ad valorem taxation pursuant to Code Section 48-5-478, 48-5-478.1, 48-5-478.2, or 48-5-478.3 shall be exempt from state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (8) There shall be a penalty imposed on the transfer of all or any part of the interest in a business entity that includes primarily as an asset of such business entity one or more motor vehicles, when, in the determination of the state revenue commissioner, such transfer is done to evade the payment of state and local title ad valorem tax fees

MONDAY, MARCH 4, 2013

1829

under this subsection. Such penalty shall not exceed $2,500.00 as a state penalty per motor vehicle and shall not exceed $2,500.00 as a local penalty per motor vehicle, as determined by the state revenue commissioner, plus the amount of the state and local title ad valorem tax fees. Such determination shall be made within 60 days of the state revenue commissioner receiving information that a transfer may be in violation of this paragraph. (9) Any owner of any motor vehicle who fails to submit within 30 days of the date such owner is required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees required under this Code section, plus and, if such state and local title ad valorem tax fees and the penalty are not paid within 60 days following the date such owner is required by law to register such vehicle, interest at the rate of 1.0 percent per month shall be imposed on the state and local title ad valorem tax fees due under this Code section, unless a temporary permit has been issued by the tax commissioner. The tax commissioner shall grant a temporary permit in the event the failure to timely apply for a first certificate of title is due to the failure of a lienholder to comply with Code Section 40-3-56, regarding release of a security interest or lien, and no penalty or interest shall be assessed. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-3-21 or 40-3-32, as applicable. A new or used motor vehicle dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under this paragraph and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of this paragraph. (10) The owner of any motor vehicle purchased in this state for which a title was issued in this state on or after January 1, 2012, and prior to March 1, 2013, shall be authorized to opt in to the provisions of this subsection at any time prior to January 1 February 28, 2014, upon compliance with the following requirements:
(A)(i) The total amount of Georgia state and local title ad valorem tax fees which would be due from March 1, 2013, to December 31, 2013, if such vehicle had been titled in 2013 shall be determined; and (ii) The total amount of Georgia state and local sales and use tax and Georgia state and local ad valorem tax under Chapter 5 of Title 48 this title which were due and paid in 2012 for that motor vehicle and, if applicable, the total amount of such taxes which were due and paid for that motor vehicle in 2013 and 2014 shall be determined; and (B)(i) If the amount derived under division (i) of subparagraph (A) of this paragraph is greater than the amount derived under division (ii) subparagraph (A) of this paragraph, the owner shall remit the difference to the tag agent. Such remittance shall be deemed local title ad valorem tax fee proceeds; or

1830

JOURNAL OF THE HOUSE

(ii) If the amount derived under division (i) of subparagraph (A) of this paragraph is less than the amount derived under division (ii) of subparagraph (A) of this paragraph, no additional amount shall be due and payable by the owner. Upon certification by the tag agent of compliance with the requirements of this paragraph, such motor vehicle shall not be subject to ad valorem tax as otherwise required under Chapter 5 of Title 48 this title in the same manner as otherwise provided in paragraph (1) of subsection (b) of this Code section. (11)(A) In the case of rental motor vehicles owned by a rental motor vehicle concern, the state title ad valorem tax fee shall be in an amount equal to .75 .625 percent of the fair market value of the motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .75 .625 percent of the fair market value of the motor vehicle, but only if in the immediately prior calendar year the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was at least $400.00 as certified by the state revenue commissioner. If, in the immediately prior calendar year, the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was not at least $400.00, this paragraph shall not apply and such vehicles shall be subject to the state and local title ad valorem tax fees prescribed in division (b)(1)(B)(ii) of this Code section. (B) Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (12) A loaner vehicle shall not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section for a period of time not to exceed six months in a calendar year 366 days commencing on the date such loaner vehicle is withdrawn temporarily from inventory. Immediately upon the expiration of such six-month 366 day period, if the dealer does not return the loaner vehicle to inventory for resale, the dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under paragraph (9) of this subsection and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of paragraph (9) of this subsection. (13) Any motor vehicle which is donated to a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code for the purpose of being transferred to another person shall, when titled in the name of such nonprofit organization, not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section but shall be subject to state and local title ad valorem tax fees otherwise applicable to salvage titles under paragraph (2) of subsection (b) of this Code section. (14)(A) A lessor of motor vehicles that leases motor vehicles for more than 31 consecutive days to lessees residing in this state shall register with the department. The department shall collect an annual fee of $100.00 for such registrations. Failure of a lessor to register under this subparagraph shall subject such lessor to a civil penalty of $2,500.00.

MONDAY, MARCH 4, 2013

1831

(B) A lessee residing in this state who leases a motor vehicle under this paragraph shall register such motor vehicle with the tag agent in such lessee's county of residence within 30 days of the commencement of the lease of such motor vehicle or beginning residence in this state, whichever is later. (C) A lessor that leases a motor vehicle under this paragraph to a lessee residing in this state shall apply for a certificate of title in this state within 30 days of the commencement of the lease of such motor vehicle. (15) There shall be no liability for any additional state or local title ad valorem tax fees in any of the following title transactions: (A) The addition or substitution of lienholders on a motor vehicle title so long as the owner of the motor vehicle remains the same; (B) The acquisition of a bonded title by a person or entity pursuant to Code Section 40-3-28 if the title is to be issued in the name of such person or entity; (C) The acquisition of a title to a motor vehicle by a person or entity as a result of the foreclosure of a mechanic's lien pursuant to Code Section 40-3-54 if such title is to be issued in the name of such lienholder; (D) The acquisition of a title to an abandoned motor vehicle by a person or entity pursuant to Chapter 11 of this title if such person or entity is a manufacturer or dealer of motor vehicles and the title is to be issued in the name of such person or entity; (E) The obtaining of a title to a stolen motor vehicle by a person or entity pursuant to Code Section 40-3-43; (F) The obtaining of a title by and in the name of a motor vehicle manufacturer, licensed distributor, licensed dealer, or licensed rebuilder for the purpose of sale or resale or to obtain a corrected title, provided that the manufacturer, distributor, dealer, or rebuilder shall submit an affidavit in a form promulgated by the commissioner attesting that the transfer of title is for the purpose of accomplishing a sale or resale or to correct a title only; (G) The obtaining of a title by and in the name of the holder of a security interest when a motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11 if such title is to be issued in the name of such security interest holder; (H) The obtaining of a title by a person or entity for purposes of correcting a title, changing an odometer reading, or removing an odometer discrepancy legend, provided that, subject to subparagraph (F) of this paragraph, title is not being transferred to another person or entity; and (I) The obtaining of a title by a person who pays state and local title ad valorem tax fees on a motor vehicle and subsequently moves out of this state but returns and applies to retitle such vehicle in this state. (16) It shall be unlawful for a person to fail to obtain a title for and register a motor vehicle in accordance with the provisions of this chapter. Any person who knowingly and willfully fails to obtain a title for or register a motor vehicle in accordance with the provisions of this chapter shall be guilty of a misdemeanor.

1832

JOURNAL OF THE HOUSE

(17) Any person who purchases a 1963 through 1985 model year motor vehicle for which such person obtains a title shall be subject to this Code section, but the state title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle. (e) The fair market value of any motor vehicle subject to this Code section shall be appealable in the same manner as otherwise authorized for a motor vehicle subject to ad valorem taxation under Code Section 48-5-450; provided, however, that the person appealing the fair market value shall first pay the full amount of the state and local title ad valorem tax prior to filing any appeal. If the appeal is successful, the amount of the tax owed shall be recalculated and, if the amount paid by the person appealing the determination of fair market value is greater than the recalculated tax owed, the person shall be promptly given a refund of the difference. (f) Beginning in 2014, on or before January 31 of each year, the department shall provide a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee showing the state and local title ad valorem tax fee revenues collected pursuant to this chapter and the motor vehicle ad valorem tax proceeds collected pursuant to Chapter 5 of this title during the preceding calendar year."
SECTION 3. Said title is further amended by revising Code Section 48-7-40.12, relating to tax credits for qualified research expenses, by adding a new subsection to read as follows:
"(f) Any credit earned under this Code section in any taxable year beginning before January 1, 2012, and any credit carryforward attributable thereto, shall be governed by this Code section as in effect for the taxable year in which such credit was earned, including, but not limited to, when determining whether such credit or any credit carryforward may be taken as a credit against the taxpayer's quarterly or monthly payments under Code Section 48-7-103."
SECTION 4. Said title is further amended by revising paragraph (95) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(95) The sale or purchase of any motor vehicle titled in this state on or after March 1, 2013, pursuant to Code Section 48-5C-1. This Except as otherwise provided in this paragraph, this exemption shall not apply to leases or rentals of motor vehicles for periods of 31 or fewer consecutive days or to those sales and use taxes collected pursuant to subsection (d) of Code Section 48-8-241. Lease payments for a motor vehicle that is leased for more than 31 consecutive days for which a state and local title ad valorem tax is paid shall be exempt from sales and use taxes as provided for in this paragraph. No sales and use taxes shall be imposed upon state and local title ad valorem tax fees imposed pursuant to Chapter 5C of this title as a part of the purchase

MONDAY, MARCH 4, 2013

1833

price of a motor vehicle or any portion of a lease or rental payment that is attributable to payment of state and local title ad valorem tax fees under Chapter 5C of this title."
SECTION 5. Said title is further amended by revising paragraph (4) of subsection (a) and adding a new subsection to Code Section 48-8-3.3, relating to an exemption from state sales and use taxes for certain agricultural inputs and machinery, to read as follows:
"(4) 'Energy used in agriculture' means fuels used for agricultural purposes, including, but purposes, other than fuels subject to prepaid state tax as defined in Code Section 48-8-2. The term includes, but is not limited to, off-road diesel, propane, butane, electricity, natural gas, wood, wood products, or wood by-products; liquefied petroleum gas or other fuel used in structures in which broilers, pullets, or other poultry are raised, in which swine are raised, in which dairy animals are raised or milked or where dairy products are stored on a farm, in which agricultural products are stored, and in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of agricultural products; and electricity or other fuel used in the drying, cooking, or further processing of raw agricultural products, including, but not limited to, food processing of raw agricultural products." "(f) A dealer that performs both manufacturing and agricultural operations at a single place of business may avail itself of the exemptions under either Code Section 48-8-3.2 or this Code section, but not both, for that place of business in any one calendar year."
SECTION 6. Said title is further amended by revising Code Section 48-8-38, relating to the burden of proof on the seller as to taxability, as follows:
"48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is shall be upon the person who makes the sale unless such person, in good faith, takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise tax exempt. (b) The certificate relieves the seller from the burden of proof as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate taken in good faith. A properly completed certificate taken in good faith means a seller shall obtain a certificate:
(1) That is fully completed, including, but not limited to, the name, address, sales tax number, and signature of the taxpayer when required; (2) In a form appropriate for the type of exemption claimed; (3) Claiming an exemption that was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced;

1834

JOURNAL OF THE HOUSE

(4) Claiming an exemption that could be applicable to the item being purchased; and (5) Claiming an exemption that is reasonable for the purchaser's type of business. (c) The certificate relieves the seller from the burden of proof on sales for resale as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate, taken in good faith, from a purchaser who: (1) Is engaged in the business of selling tangible personal property; (2) Has a valid sales tax registration number at the time of purchase and has listed his or her sales tax number on the certificate; and (3) At the time of purchasing the tangible personal property, the seller has no reason to believe that the purchaser does not intend to resell it in his or her regular course of business. (c)(d) The certificate shall include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (d) A purchaser claiming an exemption electronically shall use the standard form as adopted by the Streamlined Sales Tax Governing Board. (e) A seller shall obtain the same information for proof of a claimed exemption regardless of the medium in which the transaction occurred. (f) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a fully completed exemption certificate approved by the Streamlined Sales Tax Governing Board, the department, or the Multistate Tax Commission or captures the relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale. If the seller has not obtained a fully completed exemption certificate or all relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale, the department shall provide the seller with 120 days subsequent to a request for substantiation to either: (1) Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtain a certificate that claims an exemption that:
(A) Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (B) Could be applicable to the item being purchased; and (C) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that the transaction was not subject to the tax. (g) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a blanket exemption certificate from a purchaser with which the seller has a recurring business relationship."
SECTION 7. (a) This section and Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 1 shall be applicable to all taxable years beginning on or after January 1, 2012, except the

MONDAY, MARCH 4, 2013

1835

provisions in Section 1 relating to Section 1106 of federal Public Law 112-95 shall also apply to taxable years beginning before January 1, 2012. (b) Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2012. (c) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives O'Neal of the 146th and Peake of the 141st offer the following amendment:

Amend HB 266 (LC 28 6655S) by striking " to provide for alternative state and local title ad valorem tax fee payments for motor vehicles that are directly financed by dealers of used motor vehicles;" on lines 13 through 15; by striking lines 72 through 75; by striking "(1)(2)" on line 76 and inserting in lieu thereof "(1)"; by striking "(2)(3)" on line 104 and inserting in lieu thereof "(2)"; by striking "(3)(4)" on line 106 and inserting in lieu thereof "(3)"; by striking "(4)(5)" on line 110 and inserting in lieu thereof "(4)"; by striking "(5)(6)" on line 116 and inserting in lieu thereof "(5)"; by striking "(6)(7)" on line 119 and inserting in lieu thereof "(6)"; by striking "(7)(8)" on line 122 and inserting in lieu thereof "(7)"; and by striking lines 321 through 335.

Representative Peake of the 141st moved that the House agree to the Senate substitute, as amended by the House, to HB 266.

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb
Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Meadows
Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

1836

JOURNAL OF THE HOUSE

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart E England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Jackson Y Jacobs
Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 170, nays 0.

The motion prevailed.

Representative Peake of the 141st asked unanimous consent that HB 266 be immediately transmitted to the Senate.

It was so ordered.

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

Mr. Speaker:

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

HB 266. By Representative Peake of the 141st:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective

MONDAY, MARCH 4, 2013

1837

date; to provide applicability; to repeal conflicting laws; and for other purposes.
Representative England of the 116th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 549 Do Pass
Respectfully submitted, /s/ England of the 116th
Chairman
Representative Benton of the 31st District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 290 Do Pass, by Substitute HB 398 Do Pass, by Substitute
Respectfully submitted, /s/ Benton of the 31st
Chairman
Representative Battles of the 15th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

1838

JOURNAL OF THE HOUSE

HB 238 Do Pass, by Substitute
Respectfully submitted, /s/ Battles of the 15th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 5, 2013

1839

Representative Hall, Atlanta, Georgia

Tuesday, March 5, 2013

Twenty-Ninth Legislative Day

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

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

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V

Coleman Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, C Epps, J Evans Fleming E Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Maxwell

Mayo McCall Mitchell Mosby Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Peake Pezold Powell, J Pruett Quick Ramsey Randall Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon Sims, B Sims, C Smith, E

Smith, L Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

Due to a mechanical malfunction, Representative Ehrhart of the 36th 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:

1840

JOURNAL OF THE HOUSE

Representatives Burns of the 159th, Dollar of the 45th, Fullerton of the 153rd, Jones of the 62nd, Jordan of the 77th, Martin of the 49th, Morgan of the 39th, Parsons of the 44th, Powell of the 32nd, Rice of the 95th, and Tankersley of the 160th.
They wished to be recorded as present.
Prayer was offered by Minister Andre' Kennebrew, Associate Minister, Mt. Moriah Baptist Church, Tucker, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, 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 525. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:
A BILL to be entitled an Act to authorize the governing authority of the City of Statesboro to increase the excise tax levied pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions,

TUESDAY, MARCH 5, 2013

1841

and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 526. By Representatives Willard of the 51st, Riley of the 50th, Wilkinson of the 52nd, Geisinger of the 48th, Martin of the 49th and others:
A BILL to be entitled an Act to create the North Fulton Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for membership of the authority; to provide for a quorum and voting; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 527. By Representatives Jones of the 47th and Hill of the 22nd:
To be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 528. By Representatives Yates of the 73rd, Mabra of the 63rd and Fludd of the 64th:
A BILL to be entitled an Act to authorize the governing authority of the City of Peachtree City 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.

1842

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 529. By Representative Harden of the 148th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cordele to increase the excise tax levied pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 530. By Representatives Jacobs of the 80th, Willard of the 51st, Weldon of the 3rd, Welch of the 110th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to change provisions relating to filing a statement of claim, answer, and verification related thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 531. By Representatives Jacobs of the 80th, Powell of the 171st, Allison of the 8th, Oliver of the 82nd, Evans of the 42nd and others:
A BILL to be entitled an Act to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to revise the debtor's exemption for motor vehicles in a bankruptcy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 532. By Representatives Jacobs of the 80th, Pak of the 108th, Willard of the 51st, Geisinger of the 48th, Fleming of the 121st and others:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to provide that the failure to use seat safety belts may be admitted into evidence under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 5, 2013

1843

Referred to the Committee on Judiciary.
HB 533. By Representatives Caldwell of the 20th, Turner of the 21st, McCall of the 33rd, Pezold of the 133rd, Dutton of the 157th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for state government, so as to prohibit the state and its political subdivisions from adopting policy recommendations that would infringe upon private property rights without due process; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 534. By Representatives Houston of the 170th, Roberts of the 155th and Watson of the 172nd:
A BILL to be entitled an Act to amend an Act providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278), so as to change the amount of the homestead exemption for residents aged 65 or older; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 535. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act to create the Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 542. By Representative Dutton of the 157th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), as amended, so as to change the description of the election districts; to provide 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

1844

JOURNAL OF THE HOUSE

Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 543. By Representatives Gravley of the 67th, Bruce of the 61st and Jones of the 62nd:
A BILL to be entitled an Act to authorize the governing authority of Douglas County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 544. By Representatives Turner of the 21st, Carson of the 46th, Hill of the 22nd and Caldwell of the 20th:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide that candidates for the board of commissioners shall have resided within the respective district from which they seek election for a period of at least 12 months immediately preceding their election; to provide for related matters; to provide contingent effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 545. By Representative Stovall of the 74th:
A BILL to be entitled an Act to create the Metropolitan Atlanta Aerotropolis Development Authority; to authorize such authority to undertake such activities necessary to effect the creation of economic development in the metropolitan Atlanta area; to define relevant terms; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for intergovernmental contracts; to provide for the creation of the Metropolitan Atlanta Aerotropolis Development Authority Project Revolving Fund; to provide for local government participation in the authority; to provide for venue of legal actions; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 5, 2013

1845

Referred to the Committee on Intragovernmental Coordination - Local.

HR 570. By Representatives Williams of the 168th and Stephens of the 164th:

A RESOLUTION honoring the life of Reverend Willie Anderson, Sr., and dedicating an interchange and bridge in his memory; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 555. By Representatives Cheokas of the 138th and Black of the 174th:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that a local board of education member that does not comply with a local Act which requires the local board to make a submission under the Voting Rights Act shall be guilty of a misdemeanor; to prohibit the expenditure of public funds for defense; to require the Attorney General to take certain action; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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

HB 522 HB 524 HB 537 HB 539 HB 541 HR 552 SB 122 SB 201

HB 523 HB 536 HB 538 HB 540 HR 551 HR 603 SB 136

Representative Carter of the 175th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

1846

JOURNAL OF THE HOUSE

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

HB 203 Do Pass HR 410 Do Pass

Respectfully submitted, /s/ Carter of the 175th
Chairman

Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

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

HB 511 HB 513 HR 603

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Cooper of the 43rd
Chairman

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

Mr. Speaker:

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

HB 505 Do Pass HB 508 Do Pass

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

TUESDAY, MARCH 5, 2013

1847

Representative Weldon of the 3rd District, Chairman of the Committee on Juvenile Justice, submitted the following report:
Mr. Speaker:
Your Committee on Juvenile Justice has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 236 Do Pass, by Substitute
Respectfully submitted, /s/ Weldon of the 3rd
Chairman
Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 512 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 32nd
Chairman
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 301 Do Pass HB 517 Do Pass, by Substitute

1848

JOURNAL OF THE HOUSE

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

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

HOUSE RULES CALENDAR TUESDAY, MARCH 5, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 123 HB 188
HB 215 HB 289 HB 375
HB 381
HB 389 HB 400 HB 443

Parent and Teacher Empowerment Act; enact (Substitute)(Ed-Lindsey54th) Professions and businesses; certain military certifications entitle persons to obtain certain professional licenses in this state; provide (Substitute)(D&VA-Coomer-14th) Superior courts; filings in the clerk's office; change provisions (Substitute)(Judy-Benton-31st) Funds transfers; Uniform Commercial Code and federal law; clarify certain provisions (Substitute)(Judy-Kelley-16th) Insurance; cancellations under certain circumstances relating to policy terms that permit an audit or rate investigation and noncompliance by insured; provide (Substitute)(Ins-Williamson-115th) Natural Resources, Department of; department creation and operation of a nonprofit corporation; revise provisions (Substitute)(NR&E-Hatchett150th) Insurance; provide conversion and enhanced conversion rights and coverage; sunset requirements (Ins-Taylor-173rd) Elections; population brackets and the census for approval of bonded debt; repeal certain provisions (IGC-Sims-169th) Fulton County Magistrate Court; successor to chief judge currently serving shall be appointed by Governor; provide (IGC-Willard-51st)

TUESDAY, MARCH 5, 2013

1849

HB 451 HB 475 HB 482 HR 502

Chattahoochee Judicial Circuit; provide for additional judge (Substitute)(Judy-Smyre-135th) Drivers' licenses; commissioner to enter into reciprocal agreements on behalf of Georgia for recognition of licenses issued by foreign territories; authorize (MotV-Pak-108th) Corrections, Department of; employees serving as certified peace officers may retain their weapons under certain circumstances; provide (Substitute)(SProp-Neal-2nd) Joint Study Committee on Mental Health and School Violence; create (Substitute)(H&HS-Tanner-9th)

Modified Structured Rule

HB 1 HB 276
HB 323 HB 366 HB 382
HB 393 HR 46 HR 389 HR 411

Georgia Uniform Civil Forfeiture Procedure Act; enact (Substitute)(JudyWillard-51st) Hazardous site response; appropriations to Department of Natural Resources and Georgia Hazardous Waste Management Authority; change certain procedures (Substitute)(NR&E-Nimmer-178th) Motor vehicles; age for operation of certain commercial motor vehicle operators; modify (Substitute)(MotV-Powell-32nd) Peace officers; disciplining certified officers and requirements for certification; clarify application of provisions (PS&HS-Hitchens-161st) Torts; governing authority of school that enters into recreational joint-use agreement with public or private entity; limit liability (Substitute)(JudyPowell-171st) Georgia Workforce Investment Board; provide for powers and duties; provisions (Substitute)(I&L-Hamilton-24th) Pierce Lovett Cline Memorial Bridge; Newton County; dedicate (Substitute)(Trans-Holt-112th) Affordable Care Act; $100 billion federal sales tax on health insurance; request repeal (Ins-Atwood-179th) Trooper Lieutenant Joseph "Joey" Keith Boatright Memorial Bridge; Carroll County; dedicate (Substitute)(Trans-Hightower-68th)

Structured Rule

HB 159 HB 164

Ad valorem tax; property tax bills shall not include any nontax related fees or assessments; provide (Substitute)(W&M-Harrell-106th) Sales and use tax; exemption regarding sale or use of engines, parts, equipment or other property used in maintenance of certain aircraft; eliminate sunset (Substitute)(W&M-Atwood-179th)

1850

JOURNAL OF THE HOUSE

HB 193
HB 250 HB 304 HB 359

Sales and use tax; tangible personal property to certain nonprofit health centers; provide exemption only for a limited period of time (Substitute)(W&M-Stephens-164th) Local excise tax; sale or use of energy; revise certain provisions (W&MRice-95th) Freeport exemption; applicability to fertilizer production processes; clarify (W&M-McCall-33rd) Unclaimed property; commissioner of revenue to deposit certain funds in state treasury; require (W&M-Nimmer-178th)

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

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

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

HB 505. By Representatives Powell of the 32nd and McCall of the 33rd:

A BILL to be entitled an Act to create a board of elections and registration for Madison County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

HB 508. By Representatives Black of the 174th and Spencer of the 180th:

A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change the provisions

TUESDAY, MARCH 5, 2013

1851

relating to the compensation of the members of the board; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene
Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish
Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 162, nays 0.

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

1852

JOURNAL OF THE HOUSE

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 76. By Senators Jackson of the 2nd, Harbison of the 15th, Jones of the 10th, Lucas of the 26th and Sims of the 12th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans' benefits, so as to create the Returning Veterans Task Force; to provide for membership; to provide for duties; to provide for recommendations; to repeal conflicting laws; and for other purposes.
SB 96. By Senators Mullis of the 53rd, Stone of the 23rd, Thompson of the 5th, Hufstetler of the 52nd, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to solicitors-general of state courts, so as to provide that a part-time solicitor-general of the state court and any part-time assistant solicitor-general may engage in the private practice of law but shall not represent defendants in criminal matters in such solicitorgeneral's state court; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 5, 2013

1853

SB 156. By Senators Tolleson of the 20th, Wilkinson of the 50th and Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 12-4-72 of the Official Code of Georgia Annotated, relating to definitions relative to surface mining, so as to revise a definition; to repeal conflicting laws; and for other purposes.
SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes.
SB 168. By Senators Tippins of the 37th, Mullis of the 53rd, Williams of the 19th, Tolleson of the 20th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13 of the O.C.G.A., relating to bonds relating to contracts for public works, and Article 2 of Chapter 91 of Title 36 of the O.C.G.A., relating to contracting and bidding requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 179. By Senators Hill of the 6th and Dugan of the 30th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an exception; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1854

JOURNAL OF THE HOUSE

SB 193. By Senators Cowsert of the 46th, McKoon of the 29th, Tippins of the 37th, Bethel of the 54th and Ligon, Jr. of the 3rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; to repeal conflicting laws; and for other purposes.
SB 194. By Senators Mullis of the 53rd, Shafer of the 48th, Gooch of the 51st, Bethel of the 54th, Hufstetler of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 12-3-50 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Natural Resources relative to historic preservation and promotion, so as to include an exemption for restoration of certain barns used to promote Georgia tourist destinations; to repeal conflicting laws; and for other purposes.
SB 195. By Senators Hufstetler of the 52nd, Unterman of the 45th, Carter of the 1st and Orrock of the 36th:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 209. By Senators Wilkinson of the 50th, Harper of the 7th, Murphy of the 27th, Davis of the 22nd, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic transactions, so as to provide that no individual, company, or other entity shall be prohibited from making available, designing, creating, publishing, assembling, completing, distributing, displaying, or selling self-help documents, information, and automated forms in hard copy, electronically, or online, whether made available with or without a fee, provided that the storefront, website, or other

TUESDAY, MARCH 5, 2013

1855

medium from which the items are provided states that the items are not the substitute for the advice of a professional in the relevant industry; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 218. By Senators Gooch of the 51st, Miller of the 49th, Jackson of the 24th, Mullis of the 53rd, Beach of the 21st 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 86. By Representatives Channell of the 120th and Kidd of the 145th:
A BILL to be entitled an Act to amend an Act to provide for compensation for the judge of the State Court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1996, p. 3721), so as to change the compensation for the judge of the State Court of Putnam County and the solicitor-general of the State Court of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 252. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the magistrate court of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 286. By Representative Harden of the 148th:
A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name HawkinsvillePulaski County, Georgia; 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,

1856

JOURNAL OF THE HOUSE

elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 328. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th:

A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lowndes County; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 329. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th:

A BILL to be entitled an Act to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), so as to provide that the judge of the Small Claims Court for Lowndes County shall be the magistrate judge and shall be elected on a nonpartisan basis; to provided for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

HB 383. By Representatives O`Neal of the 146th, Epps of the 144th, Dickey of the 140th, Talton of the 147th and Harden of the 148th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to revise the qualifications for candidates for mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 76.

By Senators Jackson of the 2nd, Harbison of the 15th, Jones of the 10th, Lucas of the 26th and Sims of the 12th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans' benefits, so as to create the Returning Veterans Task Force; to provide for membership; to

TUESDAY, MARCH 5, 2013

1857

provide for duties; to provide for recommendations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

SB 96.

By Senators Mullis of the 53rd, Stone of the 23rd, Thompson of the 5th, Hufstetler of the 52nd, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to solicitors-general of state courts, so as to provide that a part-time solicitor-general of the state court and any part-time assistant solicitor-general may engage in the private practice of law but shall not represent defendants in criminal matters in such solicitorgeneral's state court; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

SB 156. By Senators Tolleson of the 20th, Wilkinson of the 50th and Hill of the 4th:

A BILL to be entitled an Act to amend Code Section 12-4-72 of the Official Code of Georgia Annotated, relating to definitions relative to surface mining, so as to revise a definition; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others:

1858

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 168. By Senators Tippins of the 37th, Mullis of the 53rd, Williams of the 19th, Tolleson of the 20th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13 of the O.C.G.A., relating to bonds relating to contracts for public works, and Article 2 of Chapter 91 of Title 36 of the O.C.G.A., relating to contracting and bidding requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 179. By Senators Hill of the 6th and Dugan of the 30th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an exception; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 193. By Senators Cowsert of the 46th, McKoon of the 29th, Tippins of the 37th, Bethel of the 54th and Ligon, Jr. of the 3rd:

TUESDAY, MARCH 5, 2013

1859

A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
SB 194. By Senators Mullis of the 53rd, Shafer of the 48th, Gooch of the 51st, Bethel of the 54th, Hufstetler of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 12-3-50 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Natural Resources relative to historic preservation and promotion, so as to include an exemption for restoration of certain barns used to promote Georgia tourist destinations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 195. By Senators Hufstetler of the 52nd, Unterman of the 45th, Carter of the 1st and Orrock of the 36th:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 209. By Senators Wilkinson of the 50th, Harper of the 7th, Murphy of the 27th, Davis of the 22nd, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic transactions, so as to provide that no individual, company, or other entity shall be prohibited from making available, designing, creating, publishing, assembling, completing,

1860

JOURNAL OF THE HOUSE

distributing, displaying, or selling self-help documents, information, and automated forms in hard copy, electronically, or online, whether made available with or without a fee, provided that the storefront, website, or other medium from which the items are provided states that the items are not the substitute for the advice of a professional in the relevant industry; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 218. By Senators Gooch of the 51st, Miller of the 49th, Jackson of the 24th, Mullis of the 53rd, Beach of the 21st 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Kelley of the 16th, Pruett of the 149th, Deffenbaugh of the 1st, Rice of the 95th, Dempsey of the 13th, Rynders of the 152nd, Waites of the 60th, Stephens of the 164th, Morgan of the 39th, Harden of the 148th and Abrams of the 89th.
Pursuant to HR 465, the House commended the Georgia Southern University ROTC Program's 2013 Ranger Challenge Team on their victory at the Regional Ranger Challenge competition and invited them to be recognized by the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 451. By Representatives Smyre of the 135th, Smith of the 134th, Willard of the 51st, Hugley of the 136th and Pezold of the 133rd:
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 Chattahoochee Judicial Circuit and the Oconee Judicial Circuit; to provide for the initial appointment of such

TUESDAY, MARCH 5, 2013

1861

judges by the Governor; to provide for the election and terms of office of such judges; to amend an Act entitled "An Act to amend Chapter 6 of Title 15 of the O.C.G.A., relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for related matters; to provide for effective dates; 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 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the Chattahoochee Judicial Circuit and the Oconee Judicial Circuit; 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 powers, duties, and responsibilities of each such judge and the judges of said circuits; to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to revise the terms of court for the Griffin circuit; to amend an Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; 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:
PART I SECTION 1-1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by revising paragraph (8) as follows:
"(8) Chattahoochee Circuit ................................................................................... 6 7"
SECTION 1-2. A new judge of the superior court is added to the Chattahoochee Judicial Circuit, thereby increasing to seven the number of judges of said circuit.
SECTION 1-3. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning on July 1, 2013, and expiring on December 31, 2014, and until a

1862

JOURNAL OF THE HOUSE

successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for the election of judges of the superior courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 1-4. Said additional judge 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 superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
PART II SECTION 2-1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by revising paragraph (29) as follows:
"(29) Oconee Circuit ............................................................................................. 2 3"
SECTION 2-2. A new judge of the superior court is added to the Oconee Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 2-3. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning on July 1, 2013, and expiring on December 31, 2014, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for the election of judges of the superior courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.

TUESDAY, MARCH 5, 2013

1863

SECTION 2-4. Said additional judge 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 superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
PART III SECTION 3-1.
Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, is amended by revising paragraph (19), as follows:
"(19) Griffin Circuit: (A) Fayette County -- First Second Monday in March and second Monday in September. (B) Pike County -- Third Second Monday in April March and October second Monday in September. (C) Spalding County -- First Second Monday in February, June, and October March and second Monday in September. (D) Upson County -- Third Second Monday in March and August and first second Monday in November September."
PART IV SECTION 4-1.
An Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), is amended by revising Section 17 to read as follows:
"SECTION 17. The chief judge of the Chattahoochee Judicial Circuit shall be elected from among the judges by a majority vote of the total number of active judges in such circuit by secret ballot. Elections shall be held during the second week of August preceding the expiration of a term. A quorum for conducting such election shall be five active judges. In the event no person obtains a majority 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 beginning on January 1, and a person may be elected to successive terms. If a presiding chief judge resigns the position or the position otherwise becomes vacant, the next most senior judge shall assume the duties of the position for the remainder of the vacated term. The chief judge shall be vested with the power to prepare schedules for conducting the circuit business for his or her term and shall make all appointments whenever the law provides for the superior court judge to make appointments."

1864

JOURNAL OF THE HOUSE

PART V SECTION 5-1.

(a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by Parts I and II of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part III of this Act shall become effective on January 1, 2014. (c) Except as provided in subsection (b) of this section, for all other purposes, this Act shall become effective on July 1, 2013.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Willard of the 51st offers the following amendment:

Amend the House Committee on Judiciary substitute to HB 451 (LC 29 5560S) by inserting between the comma and "this" on line 100 the following: this part and Parts I and II of

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs

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

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley

TUESDAY, MARCH 5, 2013

1865

Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, C Y Epps, J Y Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
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.

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others:

A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; 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

1866

JOURNAL OF THE HOUSE

To reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the board of regents and University System of Georgia and the Secretary of State, respectively, so as to transfer the Division of Archives and History from the office of the Secretary of State to the University System of Georgia; to provide for purposes of the division; to change certain provisions relating to management and duties of the division; to provide for historical documents; to rename the Historical Records Advisory Board and reassign it from advising the Secretary of State to advising the board of regents; to provide for disposition and archiving of surplus materials; to amend Code Section 9-11-29.1 of the Official Code of Georgia Annotated, relating to the retention of depositions and other discovery materials, so as to change a reference to the Division of Archives and History of the Office of the Secretary of State; to amend Code Section 45-11-1 of the Official Code of Georgia Annotated, relating to offenses involving public records, documents, and other items, so as to enable the board of regents to initiate action to protect state property; to amend Article 5 of Chapter 18 of Title 50, relating to state records management, so as to include the chancellor of the University System of Georgia on the State Records Committee; to provide for the definition of the Division of Archives and History within the Georgia Records Act; to enable the board of regents to coordinate records management matters with local governments; to amend various provisions of the Official Code of Georgia Annotated so as to correct cross-references relating to said transfer; 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. Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, is amended by revising Article 3, relating to the Division of Archives and History, and redesignating it as new Part 1A of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, which article relates to the Board of Regents of the University System of Georgia, as follows:
"ARTICLE 3 Part 1A
45-13-40 20-3-41. (a) There is established within transferred to the office of the Secretary of State University System of Georgia a the Division of Archives and History formerly of the office of the Secretary of State in lieu of the office of compiler of state records which on and after July 1, 2013, shall also be known be the Division of Archives and History of the University System of Georgia and may also be referred to as the Georgia Archives. The Georgia Archives so transferred shall be under the management and

TUESDAY, MARCH 5, 2013

1867

control of the board of regents and shall be the successor to and a continuation of the former Division of Archives and History of the Office of the Secretary of State. All persons employed in the former division as of June 30, 2013, shall be transferred to the new division effective July 1, 2013. (b) The change of the name and governance of the former Division of Archives and History of the Office of the Secretary of State and its continuation, as provided in this Code section, shall in no way affect any existing obligations, liabilities, or rights of the Georgia Archives, as such existed on June 30, 2013. All such obligations, liabilities, and rights are transferred to, vested in, and assumed by the board. All existing contracts and agreements between any party and the Georgia Archives shall not be affected by this Code section but shall continue in full force and effect, without interruption, as contracts or agreements of the board. (c) All right, title, interest, and ownership of all assets, including all real estate, of the former Division of Archives and History of the Office of the Secretary of State are transferred to and vested in the board.
45-13-41 20-3-41.1. The objects and purposes of the Georgia Archives shall be to:
(1) Ensure the retention and preservation of the records of any state or local agency with historical and research value by providing for the application of modern and efficient methods to the creation, utilization, maintenance, retention, preservation, and disposal of records; (2) Provide an archival and records' depository in which to assemble and maintain the official archives and other inactive records of the state not in current and common use; (3) Collect from the files of old newspapers, court records, church records, private collections, and other sources data of all kinds bearing upon the history of the state; (4) Secure from private individuals, either by loan or gift, rare volumes, manuscripts, documents, and pamphlets for the use of this division; (5) Obtain, either by loan or gift, historical trophies, souvenirs, and relics; (6) Classify, edit, annotate, and publish in print or electronically from time to time such records as may be deemed expedient and proper, including messages of Governors, executive orders, state papers, and military rosters of the Revolutionary, Indian, Mexican, Civil, and European wars; (7) Diffuse knowledge in regard to the state's history; (8) Prepare biennially an official register giving the latest information of an official character in regard to the state, including a full list of state officers, legislators, judges, district attorneys, members of Congress, county officials, etc., together with other pertinent items of information Reserved; (9) Encourage the proper marking of battlefields, houses, and other places celebrated in the history of the state; (10) Encourage the study of Georgia history in the public schools; (11) Assist in the observance of patriotic occasions;

1868

JOURNAL OF THE HOUSE

(12) Plan and coordinate celebrations and observations of events and anniversaries having historic or special significance to this state; (13) Stimulate historical research, especially in the prosecution of local histories; (14) Foster sentiment looking to the better protection, classification, and arrangement of records in the various courthouses of the state; (15) Collect biographical information in regard to all public officials and to keep same on file, in a classified arrangement, for convenient reference by investigators; and (16) Encourage the study of historical documents including but not limited to those which reflect our National Motto, the Declaration of Independence, the Ten Commandments, the Constitution of the United States, and such other nationally recognized documents which contributed to the history of the State of Georgia.
45-13-42 Reserved.
45-13-43 Reserved.
45-13-44. The division shall be under the immediate management and control of a director who shall be appointed by and serve at the pleasure of the Secretary of State. Such director shall take an oath of office as other public officials are required to do and shall be commissioned in like manner. Such director shall devote such director's time to the work of the division, using such director's best efforts to develop and build it up so as to carry out the design of its creation, and shall receive for such director's services a salary to be fixed by the Secretary of State. Such director shall have control and direction of the various activities of the division, preserve its collections, care for the official archives which may come into its custody, and perform all of the duties enumerated in Code Section 45-13-41.
45-13-45. (a) The Secretary of State is authorized to adopt rules for the government of the division; to appoint a director and to provide for the selection or appointment of such other officials or employees as may be authorized; to provide for the print or electronic publication, under the supervision of the director, of historical material pertaining to the state; to control and expend such appropriations as may be made for the maintenance of the Division of Archives and History; and to do such other acts and things as may be necessary to carry out the true intent and purpose of this article. (b) The Secretary of State is authorized to designate and establish, as a branch depository of the Division of Archives and History, facilities occupied by any nonprofit historical association organized for the purpose of collecting, preserving, and diffusing information relating to the history of Georgia, which association has been in continuous

TUESDAY, MARCH 5, 2013

1869

existence for a period of at least 100 years; provided, however, that no such designation and establishment of a branch depository shall be made unless the Secretary of State shall obtain the prior written approval of the historical association involved and unless the funds are made available to the Secretary of State for the specific purpose of supporting such branch depository. The Secretary of State may expend such funds as are necessary or desirable for the maintenance and operation of any such facilities and for the preservation and safeguarding of the contents thereof and for the employment of such persons as are necessary or desirable for the accomplishment of same. The Secretary of State may enter into such contractual arrangements as he or she deems to be in the public interest for acquiring the title to or loan of any historical records for use in such branch depository or any other depository of the Division of Archives and History. Such branch depository shall be under the immediate management and control of the Secretary of State. The Secretary of State may abolish such branch depository at any time. (c) The Secretary of State is authorized to designate and establish, as a branch depository of the Division of Archives and History for the storage and retention of permanent records, temporary records, or security backup media in any format, facilities occupied by any government agency; provided, however, that no such designation and establishment of a branch depository shall be made unless the Secretary of State shall obtain the prior written approval of the government agency involved. Records in the custody of such depositories shall be subject to the same laws, standards, and policies as any records in the physical custody of the Division of Archives and History including, but not limited to, Code Section 50-18-98. The Secretary of State may expend such funds as are necessary or desirable for the maintenance and operation of any such facilities; for the preservation and safeguarding of the contents thereof; and for the employment of such persons as are necessary and desirable for the accomplishment of such maintenance, operation, preservation, and safeguarding. Such depositories may be operated on a cost recovery basis. The Secretary of State may enter into such contractual arrangements as he or she deems to be in the public interest for creating and operating such branch depositories. The records or digital content maintained in such branch depositories shall be under the immediate management and control of the Division of Archives and History. The Secretary of State may abolish such branch depository at any time.
45-13-46 20-3-41.2. (a) Any state, county, or other official is authorized, in his or her discretion, to turn over for permanent preservation in the Division of Archives and History any official books, records, documents, original papers, manuscript files, newspaper files, portraits, and printed volumes not in current use in his or her office. Any record created or received by a state agency, constitutional officer, or Speaker of the House of Representatives in the performance of a public duty or paid for by public funds and certified by the director of the Division of Archives and History as necessary to document the history, organization, functions, policies, decisions, and procedures of the

1870

JOURNAL OF THE HOUSE

agency or office shall be placed for permanent preservation in the Division of Archives and History when no longer in current use by the agency or officer. The Secretary of State board shall provide for the preservation of said materials; and, when so surrendered, copies thereof shall be made and certified by the director upon the application of any person interested, which and such certification shall have the same force and effect as if made by the officers originally in custody of them and for which the same fees shall be charged. (b) The Division of Archives and History shall own and operate any equipment necessary to manage and retain control of electronic archival records in its custody but may, at its discretion, contract with third-party entities to provide any or all services related to managing archival records on equipment owned by the contractor, by other third parties, or by the Division of Archives and History. (c) Personal and official records and papers of the Lieutenant Governor and the Speaker of the House of Representatives shall be exempt from the provisions of subsection (a) of this Code section when such records and papers are deposited in a repository that meets the minimum archival and public access standards promulgated by the Division of Archives and History. (d) As used in this Code section, the term 'constitutional officer' means any officer enumerated in Article V, Section I, Paragraph I; Article V, Section I, Paragraph III; or Article V, Section III, Paragraph I of the Constitution of the State of Georgia.
45-13-47. (a) An official and statistical register of the state shall be compiled every two years by the director and shall contain:
(1) Brief sketches of the several state officials, the members of Congress from Georgia, the Supreme Court Justices, the Judges of the Court of Appeals, members of the Senate and the House of Representatives, and judges and district attorneys of the superior courts; (2) Rosters of all state and county officials; (3) Lists of all state institutions and all official boards; (4) State and county population and election statistics; and (5) Miscellaneous statistics bearing upon related matters of current interest or likely to be of value to the future historian. (b) The Secretary of State is authorized to print and distribute not less than one copy of such register to each member of the General Assembly, to each state department head, to each high school in this state, and to each unit of the University System of Georgia.
45-13-48. The Secretary of State shall fix a fair price for publications published pursuant to this article, the revenue arising from such sales to be devoted to extending the work contemplated in this article, provided that at least one copy of such publications shall be furnished free of charge to any state institution making application for same through its constituted authorities. The Secretary of State is also authorized, in his discretion,

TUESDAY, MARCH 5, 2013

1871

either by sale or otherwise, to dispose of such excess copies of such publications as may from time to time accumulate and, in like manner, to dispose of any editions heretofore published, of which there may be an excess on hand.
45-13-49. All circulars, notices, or forms which may be needed for the use of the division and all official communications, reports, or any other printing of the division shall be printed and paid for as other printing of the state.
45-13-50. The Division of Archives and History shall make accessible to the general public for not less than the hours of 9:30 A.M. to 3:30 P.M. on every Saturday, except legal holidays and such days as may be required to relocate the division and the records therein, such records and facilities as are ordinarily available to the public during regular office hours on weekdays.
45-13-51 20-3-41.3. (a) The General Assembly finds and determines:
(1) The General Assembly has directed One of the purposes of the Division of Archives and History of the State of Georgia is to encourage the study of historical documents; (2) There is a need to educate and inform the public about the history and background of American law; (3) The public buildings of this state are an ideal forum in which to display educational and informational material about the history and background of American law; and (4) A basic knowledge of American constitutional history is important to the formation of civic virtue in our society. (b) The state and each municipality and political subdivision of this state shall be authorized to post the Foundations of American Law and Government display, as described in subsection (c) of this Code section, in a visible, public location in the public facilities of the state and such municipality or political subdivision. (c) The Foundations of American Law and Government display shall include: (1) The Mayflower Compact, 1620; (2) The Ten Commandments as extracted from Exodus Chapter 20; (3) The Declaration of Independence; (4) Magna Carta; (5) 'The Star-Spangled Banner' by Francis Scott Key; (6) The national motto; (7) The Preamble to the Georgia Constitution; (8) The Bill of Rights of the United States Constitution; and (9) The description on the image of Lady Justice.

1872

JOURNAL OF THE HOUSE

(d) Public displays of the Foundations of American Law and Government shall contain the documents set forth in paragraphs (1) through (9) of subsection (c) of this Code section together with a context for acknowledging formative, historically significant documents in America's heritage as follows:
FOUNDATIONS OF AMERICAN LAW AND GOVERNMENT DISPLAY
The Foundations of American Law and Government display contains documents that played a significant role in the foundation of our system of law and government. The display contains (1) the Mayflower Compact; (2) the Ten Commandments; (3) the Declaration of Independence: (4) Magna Carta; (5) 'The Star-Spangled Banner'; (6) the national motto of the United States of America; (7) the Preamble to the Georgia Constitution; (8) the Bill of Rights of the United States Constitution; and (9) a picture of Lady Justice.
The Mayflower Compact
The Mayflower Compact was penned by William Bradford on November 11, 1620, on the Mayflower before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was the first written constitution in the New World. William Bradford described the reasoning behind the Compact when he stated in the Compact, 'This day, before we came to harbour, observing some not well affected to unity and concord, but gave some appearance of faction, it was thought good there should be an association and agreement, that we should combine together in one body, and to submit to such government and governors as we should by common consent agree to make and choose, and set our hands to this that follows, word for word.'
The Ten Commandments
The Ten Commandments have profoundly influenced the formation of Western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.' The Ten Commandments provide the moral background of the Declaration of Independence and the foundation of our legal tradition.
The Declaration of Independence
Perhaps the single most important document in American history, the Declaration of Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers placed the Constitution. The Declaration's fundamental premise is that one's right to 'Life, Liberty and the pursuit of Happiness' is not a gift of government. Government is not a

TUESDAY, MARCH 5, 2013

1873

giver of rights, but a protector of God-given rights. Moreover, government is a creation of 'the governed' and derives all its power from the consent of its people. As the Preamble to the United States Constitution states, 'We the People' are the government.
Magna Carta
In 1215, King John of England consented to the demands of his barons and agreed for Magna Carta to be publicly read throughout the land. By this act he bound himself and 'our heirs, in all things and all places for ever' to grant to the people of his kingdom the rights pronounced in Magna Carta. By signing Magna Carta, King John brought himself and England's future rulers within the rule of law. The rule of law places a restraint on the exercise of arbitrary government power, and it places all people and civil government under law. The American patriots, therefore, waged war against England to preserve liberties originating in thirteenth century England. A distinction, however, is noted between Magna Carta and the American concept of liberty. While Magna Carta is a guarantee from a king that he will follow the law, the Constitution of the United States is the establishment of a government consisting of, and created for, 'We the People.'
'The Star-Spangled Banner'
Guarding the entrance to Baltimore harbor via the Patapsco River during the War of 1812, Fort McHenry faced almost certain attack by British forces. Major George Armistead, the stronghold's commander, was ready to defend the fort, but he wanted a flag that would identify his position, one whose size would be visible to the enemy from a distance. The flag that was made for the fort was 30 feet by 42 feet. Anxiously awaiting news of the battle's outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited the enemy's fleet to secure the release of a Maryland doctor who had been abducted by the British after they left Washington. The lawyer had been successful in his mission, but he could not escort the doctor home until the attack ended. So he waited on a flag-of-truce sloop anchored eight miles downstream from Fort McHenry.
During the night, there had been only occasional sounds of the fort's guns returning fire. At dawn, the British bombardment tapered off. Had the fort been captured? Placing a telescope to his eye. Key trained it on the fort's flagpole. There he saw the large garrison flag catch the morning breeze. It had been raised as a gesture of defiance, replacing the wet storm flag that had flown through the night. Thrilled by the sight of the flag and the knowledge that the fort had not fallen, Key took a letter from his pocket and began to write some verses on the back of it. Later, after the British fleet had withdrawn, Key checked into a Baltimore hotel and completed his poem on the defense of Fort McHenry. He then sent it to a printer for duplication on handbills, and within a few days the poem was put to the music of an old English song. Both the new song and the flag became

1874

JOURNAL OF THE HOUSE

known as 'The Star-Spangled Banner' and became a rallying cry for the American Patriots during the rest of the war.
The National Motto
The motto was derived from the line 'And this be our motto, "In God is our trust"' in the U.S. national anthem, 'The Star-Spangled Banner.' The phrase first appeared on U.S. coins in 1864 and became obligatory on all U.S. currency in 1955. In accordance with Public Law No. 851 passed at the Second Session of the 84th Congress of the United States, July 30, 1956, the national motto of the United States became 'In God We Trust.'
The Preamble to the Georgia Constitution
The Preamble to the Georgia Constitution celebrates the ideas of free government, justice, peace, happiness, and liberty. Government is a creation of 'the governed' and derives all its power from the consent of its people. The people, therefore, desiring a civilized society, created and ordained the Constitution of the State of Georgia.
The Bill of Rights of the United States Constitution
During the debates on the adoption of the U.S. Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a 'bill of rights' that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. The Bill of Rights is still a vital and powerful force in American government, shaping our laws and serving as a check on the exercise of government power.
Lady Justice
Lady Justice has become a symbol of the fair and equal administration of the law, without corruption, avarice, prejudice, or favor. The blindfold represents a system of justice that is blinded to all prejudices or favor. The scales represent justice that is administered fairly and the sword represents justice that is authoritative. Lady Justice is a symbol of the American system of justice and the ideals it embodies.
(e) All documents which are included in the Foundations of American Law and Government displays shall be posted on paper not less than 11 x 14 inches in dimension and shall be framed in identically styled frames. No one document shall be displayed more prominently than another. (f) In no event shall any state funding be used for a display of the Foundations of American Law and Government."

TUESDAY, MARCH 5, 2013

1875

SECTION 1-2. Said chapter is further amended by revising Article 3A, relating to the Historical Records Advisory Board, and redesignating it as new Part 1B of Article 2 of Chapter 3 of Title 20, which article relates to the Board of Regents and the University System of Georgia, as follows:
"ARTICLE 3A Part 1B
45-13-55 20-3-45. (a) As used in this article part, the term:
(1) 'Board' 'Council' means the Georgia Historical Records Advisory Board Council created under this article part. (2) 'Division' means the Division of Archives and History of the University System of Georgia. (b) There is created and established the Georgia Historical Records Advisory Board Council with such powers and duties as are set forth in this article part. The council shall be a continuation of and successor in interest to the former Georgia Historical Records Advisory Board. (c) The purpose of the board council shall be to advise the Secretary of State board and the Division of Archives and History; to serve as the state advisory body required by federal granting agencies; and to encourage cooperative efforts to improve the condition of Georgia's historical records. (d) The board council shall consist of 12 members to be appointed by the Governor. A majority of the members shall have recognized experience in the administration of government records, historical records, or archives or in a field of research or activity that makes extensive use of historical records. The board council shall be as broadly representative as possible of the public and private archival and research communities and organizations in the state. (e) The Governor shall designate the initial terms of the members of the board council as follows: four members shall be appointed for one year; four members shall be appointed for two years; and four members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms, except that each member shall serve until a successor is appointed. Members shall be eligible for reappointment. (f) Whenever any vacancy in the membership of the board council occurs, the Governor shall appoint a qualified person to fill the unexpired term. (g) Members of the board council shall serve without compensation, except that each member who is not a state officer or state employee shall receive the same expense allowance per day as that received by a member of the General Assembly for each day that such member of the board council is in attendance at a meeting of such board council, plus reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance as state government employees for use of a personal car in connection with such attendance.

1876

JOURNAL OF THE HOUSE

(h) The director of the Division of Archives and History shall serve as Georgia historical records coordinator and assist the board council in its activities. (i) The board council shall elect its chair chairperson and other officers and make such bylaws for its operation as may be necessary or appropriate. (j) The board council shall meet at least once each calendar year and special meetings may be called by the chair chairperson. (k) The board council shall be administratively assigned to the division. (l) The board council shall have no permanent staff but may hire temporary staff for specific activities if funds are available.
45-13-56 20-3-45.1. The board council shall have the following powers, duties, authorities, and functions to:
(1) Serve as the state advisory body required by federal granting authorities for state projects and to follow the regulations and guidelines promulgated by those granting authorities; (2) Serve in an advisory capacity to the Division of Archives and History on issues concerning records; (3) Identify endangered records of historical value and to recommend appropriate actions to protect them; (4) Promote state-wide planning for historical records needs; (5) Cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in furtherance of the purposes of this article part; (6) Encourage high visibility historical records projects and studies with a state-wide impact, when studies and projects cross organizational and jurisdictional lines; (7) Foster communication among all members of the historical records community and to encourage the development and adoption of state-wide goals and common practices to improve the condition of historical records; (8) Appoint appropriate subcommittees or advisory committees; (9) Recommend to the State Records Committee records retention schedules for records of the board in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act'; (10) Accept and use gifts, grants, and donations for the purpose of carrying out this article part. Any funds, personal property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by state appropriations; and such funds, property, or services so received by gifts, grants, or donations shall remain under the control of and subject to the direction of the board council to carry out this article and as such shall not lapse at the end of each fiscal year; (11) Make grants for the purpose of carrying out this article part. Such grants shall be made and the funds shall be administered and expended subject to this article part and in accordance with the rules and regulations of the funding source; and

TUESDAY, MARCH 5, 2013

1877

(12) Do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it."
SECTION 1-3. Said chapter is further amended by revising Article 5, relating to surplus state books, and redesignating it as new Part 1C of Article 2 of Chapter 3 of Title 20, which article relates to the Board of Regents of the University System of Georgia, as follows:
"ARTICLE 5 Part 1C 45-13-80 20-3-47. As used in this article part, the term:
(1) 'Agency head' means the official or body authorized to establish policy on behalf of a state agency. (1.1) 'Division' means the Division of Archives and History of the University System of Georgia. (2) 'Nonprofit organization' means a bona fide nonprofit civic, educational, or charitable organization. (3) 'State agency' means any department, board, bureau, commission, committee, council, court, or other agency, by whatever name designated, of the executive, legislative, or judicial branch of the state government. (4) 'Surplus printed material' means books or other printed papers owned by the state or a state agency and in the possession of a state agency, which books and papers are no longer needed by that agency, which are declared surplus by such agency, and which need not be maintained by the agency as a part of its records.
45-13-81 20-3-47.1. The Secretary of State division shall be the administrator of this article; and he is authorized and directed to promulgate such rules and regulations, which may include forms, as may be necessary to carry out this article. Such rules and regulations shall be adopted and promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'.
45-13-82 20-3-47.2. The head of each state agency is authorized to declare printed material in the possession of such state agency as surplus printed material. At the time printed material is declared to be surplus printed material, the agency head shall make or cause to be made a complete inventory of the surplus printed material. The inventory shall describe the surplus printed material in sufficient detail, if practicable, to allow the Secretary of State division to make the determination provided for in Code Section 45-13-83 20-347.3. The inventory shall contain a statement of the declaration of the printed material as surplus printed material; such declaration shall be signed by the agency head; and the date signed shall be indicated thereon. As a part thereof or as an attachment thereto, the inventory shall show the physical location of the surplus printed material. Upon its

1878

JOURNAL OF THE HOUSE

completion, the agency head shall transmit the original of the inventory to the Secretary of State division. A duplicate of the original copy shall be retained in the files of the state agency as a part of the records of such agency.
45-13-83 20-3-47.3. (a) When the Secretary of State division receives an inventory of surplus printed material as provided for by Code Section 45-13-82, he or she the division shall make a determination of whether or not any of such surplus printed material has archival value within the meaning of Part 1A of this article Article 3 of this chapter, relating to the Division of Archives and History. The Secretary of State shall be authorized to use such personnel of the Division of Archives and History as may be necessary to make the determination provided for in this Code section. If the determination cannot be made on the basis of the description of the surplus printed material included in the inventory of such material, the Secretary of State or his or her designee director of the division or his or her designee shall visit the state agency which submitted the inventory for the purpose of examining the surplus printed material listed on such inventory; and the determination required in this Code section may be made on the basis of such examination. (b) If any surplus printed material is determined to have archival value as provided by subsection (a) of this Code section, the Secretary of State is authorized to direct the state agency which submitted the inventory to shall release such printed material to the Division of Archives and History division. The Secretary of State division shall make or cause to be made a notation on the inventory for each item of surplus printed material so released to the Division of Archives and History; and a copy of such inventory, signed by the Secretary of State director of the division or his or her designee, containing the notations thereon shall be transmitted to the originating state agency. The state agency submitting the inventory shall be authorized to deliver surplus printed material having archival value to the Division of Archives and History division if the state agency has transportation available for such purpose. If the state agency does not have transportation available for such purpose, the Division of Archives and History division shall provide for the transportation of surplus printed material having archival value.
45-13-84 20-3-47.4. (a) The return to the state agency of the copy of the inventory, signed by the Secretary of State director of the division or his or her designee, containing the notations thereon of the surplus printed material having archival value, as provided by Code Section 4513-83 20-3-47.3, shall serve as the authorization for the state agency to donate to any nonprofit organization the surplus printed material which does not have archival value. (b) Each state agency donating such surplus printed material to nonprofit organizations is authorized to adopt rules and regulations governing such donations, but such rules and regulations shall be consistent with this article part and with rules and regulations

TUESDAY, MARCH 5, 2013

1879

adopted by the Secretary of State pursuant to Code Section 45-13-81 board pursuant to Code Section 20-3-31.
45-13-85 20-3-47.5. This article part shall not be construed to apply to surplus books or printed material owned by the University System of Georgia, any county or independent school system, any city, county, or regional library, or to any other printed material owned by any political subdivision of this state."
PART II SECTION 2-1. Code Section 9-11-29.1 of the Official Code of Georgia Annotated, relating to retention of depositions and other discovery materials, is amended by revising subsection (c) as follows: "(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 Division of Archives and History of the University System of Georgia; 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 2-2. Code Section 45-11-1 of the Official Code of Georgia Annotated, relating to offenses involving public records, documents, and other items, is amended by revising subsection (e) as follows:
"(e) Upon presentation of affirmative proof, the Secretary of State or his or her designee or, with respect to the Georgia Archives, the Board of Regents of the University System of Georgia may initiate action through the Attorney General or other appropriate jurisdiction to prevent the sale, transfer, conveyance, destruction, or alienation of any records, books, documents, or other office property which has been unlawfully removed from any public office or public officer or employee. Upon request of the Secretary of State or his or her designee or the Board of Regents of the University System of Georgia, the Attorney General or other appropriate jurisdiction shall have the authority to enjoin, recover, and replevin such records, books, documents, or other office property."

1880

JOURNAL OF THE HOUSE

SECTION 2-3. Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, is amended by revising paragraph (3) of Code Section 50-1891, relating to definitions pertaining to the Georgia Records Act, as follows:
"(3) 'Division' means the Division of Archives and History of the Office of the Secretary of State University System of Georgia."
SECTION 2-4. Said article is further amended by revising subsection (a) of Code Section 50-18-92, relating to the creation of the State Records Committee, as follows:
"(a) There is created the State Records Committee, to be composed of the Governor, the Secretary of State, the chancellor of the University System of Georgia, an appointee of the Governor who is not the Attorney General, the state auditor, and an officer of a governing body, as such terms are defined in subsection (a) of Code Section 50-18-99, to be appointed by the Secretary of State chancellor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend, or modify retention schedules submitted by agency heads, school boards, county governments, and municipal governments through the division for the disposition of records based on administrative, legal, fiscal, or historical values. The retention schedules, once approved, shall be authoritative, shall be directive, and shall have the force and effect of law. A retention schedule may be determined by three four members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State chancellor of the University System of Georgia shall serve as chairperson of the committee and shall schedule meetings of the committee as required. Three Four members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Code section."
SECTION 2-5. Said article is further amended by revising subsection (f) of Code Section 50-18-99, relating to records management programs for local governments, as follows:
"(f) The Secretary of State Board of Regents of the University System of Georgia, through the division, shall coordinate all records management matters for purposes of this Code section. The division shall provide local governments with a list of common types of records maintained together with recommended retention periods and shall provide training and assistance as required. The division shall advise local governments of records of historical value which may be deposited in the state archives. All other records shall be maintained by the local government."
SECTION 2-6. (a) The term "Department of Archives and History" is replaced by the term "Division of Archives and History" wherever the former term appears in:

TUESDAY, MARCH 5, 2013

1881

(1) Code Section 15-6-62.1, relating to backup records submissions by clerks of superior courts; and (2) Code Section 17-10-6.3, relating to disposition of cases under review by a threejudge panel. (b) The terms "Department" and "department" are replaced by the terms "Division" and "division," respectively, wherever the former terms appear in Code Section 15-6-62.1, relating to backup records submissions by clerks of superior courts. (c) The term "Article 3 of Chapter 13 of Title 45" is replaced by the term "Part 1A of Article 2 of Chapter 3 of Title 20" wherever the former term appears in Code Section 33-2-7, relating to records, books, and papers of the Commissioner of Insurance.

PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson

1882

JOURNAL OF THE HOUSE

Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

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

Representative Powell of the 171st moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Judiciary:

HB 382. By Representatives Powell of the 171st, Lindsey of the 54th, Ehrhart of the 36th, Allison of the 8th, Dudgeon of the 25th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity; to provide for definitions; to provide for specifications for a recreational joint-use agreement; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The motion prevailed.

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 100 HB 499 HB 520

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

HB 133 Do Pass, by Substitute HB 506 Do Pass

Respectfully submitted, /s/ Willard of the 51st
Chairman

TUESDAY, MARCH 5, 2013

1883

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 393. By Representatives Hamilton of the 24th, Lindsey of the 54th, Carter of the 175th, Hatchett of the 150th, Kirby of the 114th and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 34 of the O.C.G.A., relating to the Georgia Workforce Investment Board, to provide for powers and duties of the Georgia Workforce Investment Board; to provide for its meetings and chairperson; to provide for certain priorities of service; to provide for local workforce investment areas; to provide for local workforce investment boards and their composition, officers, meetings, powers, duties, and immunities; to provide for certification and funding and budgets; to provide for contracts and limitations with regard thereto; to provide for sanctions for nonperformance and lack of fiscal responsibility; to provide for the delivery of certain services and limitations thereon; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board, so as to provide a short title; to provide definitions; to provide for powers and duties of the Georgia Workforce Investment Board; to provide for its meetings and chairperson; to provide for the powers of the chairperson; to provide for staffing; to provide for funding methods; to provide for certain priorities of service; to provide for local workforce investment areas; to provide for local workforce investment boards and their composition, officers, meetings, powers, duties, and immunities; to prohibit certain conflicts of interest; to provide for the removal of board members under certain circumstances; to provide for certification and funding and budgets; to provide for contracts and limitations with regard thereto; to provide for sanctions for nonperformance and lack of fiscal responsibility; to provide for the delivery of certain services and limitations thereon; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known as and may be cited as the "Local Workforce Investment Good Governance Act for Georgia."

1884

JOURNAL OF THE HOUSE

SECTION 2. Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the Georgia Workforce Investment Board, is amended by revising the chapter as follows:
"CHAPTER 14 ARTICLE 1
34-14-1. As used in this chapter, the term:
(1) 'Board' means the Georgia Workforce Investment Board. (2) 'Director' means the executive director of the Governor's Office of Workforce Development. (3) 'Federal law' means the Workforce Investment Act of 1998, Public Law 105-220. (4) 'Local labor market' means an economically integrated geographical area within which individuals may reside and find employment within a reasonable distance. (4)(5) 'Office' means the Governor's Office of Workforce Development. (6) 'Workforce development' includes workforce education and workforce training and services.
34-14-2. (a) Pursuant to the Workforce Investment Act of 1998, Public Law 105-220, there is created the Georgia Workforce Investment Board. (b) The board shall consist of members to be selected by the Governor consistent with federal law requirements, two members of the House of Representatives, appointed by the Speaker of the House, and two members of the Senate, appointed by the Lieutenant Governor. A majority of the members of the board shall be representatives of businesses in this state. Other members may include, but shall not be limited to, representatives of individuals and organizations that have experience and expertise in education, the economy, the workforce, and labor and who meet federal requirements for a broad composition of the board. (c) The chairperson and vice chairperson of the board shall be appointed by the Governor. Other officers shall be elected or otherwise selected as determined by the Governor. (d) The members of the board shall serve such terms as established by the Governor, and the members shall continue at the discretion of the Governor, except for the members of the House of Representatives and the Senate, who shall continue at the discretion of the Speaker of the House and the Lieutenant Governor, respectively. (e) The board shall have such powers and duties as specified by the Governor and as provided by federal law. Without limiting the powers and duties of the board, the board shall:
(1) Promote the development of a well-educated, highly skilled workforce in this state;

TUESDAY, MARCH 5, 2013

1885

(2) Advocate the development of an integrated workforce development system to provide quality services addressing the needs of business and workers in this state; (3) Recommend to the Governor the designation or redesignation of local workforce investment areas for the local planning and delivery of workforce development; (4) Identify and recommend to the Governor incentives to encourage the consolidation, on a regional labor market basis, of:
(A) Local boards and committees; and (B) Service delivery areas authorized under federal workforce legislation; (5) Review plans for local workforce development and make recommendations to the Governor for approval; (6) Evaluate the effectiveness of the workforce development system; (7) Use the administrative records of the state's unemployment compensation program and other sources as appropriate in evaluating the workforce development program; (8) Encourage, support, or develop research and demonstration projects designed to develop new programs and approaches to service delivery; (9) Recommend measures to ensure that occupational skills training is: (A) Provided in occupations that are state wide or locally in demand; and (B) Directed toward high-skill and high-wage jobs; (10) Monitor the operation of the state's workforce development system to assess the degree to which the system is effective in achieving state and local goals and objectives; (11) Develop and recommend to the Governor criteria for the establishment of local workforce development boards; (12) Carry out the federal and state duties and responsibilities of advisory boards under applicable federal and state workforce development laws or regulations; and (13) Report not less than once per year to the Governor and the legislature. (f) The board shall adopt bylaws to guide its proceedings. (g) The board shall be funded by federal law as provided in this chapter which shall be allocated according to federal requirements. (h) The board shall be attached to the Office of Planning and Budget for administrative purposes only. (i) Each member of the board who is not otherwise a state officer or employee shall be authorized to receive reimbursement for reasonably necessary travel expenses incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Should funds not be available or allowable for this purpose, such members shall serve without compensation. Each member of the board who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for reasonably necessary travel expenses actually incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Except as otherwise provided in this subsection, members of the board shall receive no compensation for their services.

1886

JOURNAL OF THE HOUSE

(j) The board shall be authorized to consult with and form committees with members and persons knowledgeable on the subject matter at issue in order to carry out effectively its duties. Such consultants shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the board, provided that such travel and other expenses are approved by the director and such reimbursements are allowable under federal law. (k) The Governor's Office of Workforce Development shall be authorized to employ and contract with other individuals and organizations as needed to assist in executing the board's responsibilities, provided that funds are available for such expenditures and such expenditures are allowable under federal law. (l) All state departments, institutions, agencies, commissions, councils, authorities, boards, bureaus, or other entities of the state shall provide all information and support as required by the board to perform its duties. (m) The board is authorized to promulgate rules and regulations for purposes of implementing the provisions of this chapter. (n) The members of the board shall develop and implement policies that:
(1) Clearly allocate the policy-making responsibilities between the members of the board; and (2) Provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board. (o) To facilitate the seamless delivery of integrated workforce programs in this state, the board shall: (1) Evaluate programs administered by agencies represented on the board to identify:
(A) Any duplication of or gaps in the services provided by those programs; and (B) Any other problems that adversely affect the seamless delivery of those services; and (2) Develop and implement immediate and long-range strategies to address problems identified by the board. (p) The board may: (1) Adopt rules essential to the internal functions and duties of the board; and (2) Make expenditures, enter into contracts with public, private, and nonprofit organizations or agencies, require reports to be made, conduct investigations, and take other actions necessary or suitable to fulfill the board's duties under this chapter. (q) The Governor, with the board and the local workforce development boards, shall: (1) Identify specific barriers to integrated service delivery at the local level; and (2) Request waivers from federal and state regulations.
34-14-3. (a)(1) The Governor's Office of Workforce Development is hereby established to implement state workforce development policy as directed by the Governor and to serve as staff to the board.

TUESDAY, MARCH 5, 2013

1887

(2) The office is authorized and encouraged to work with the state's emerging workforce, including rising and graduating high school students, with the goal that, upon graduation, high school students have both a diploma and certification in soft skills and work readiness to enable them to be successful in postsecondary education, a career pathway, or both. The office may collaborate with the Department of Education and the State Board of the Technical College System of Georgia to facilitate coordination with high schools so that high school students can attain certification in soft skills. The office is authorized to explore local, national, and international soft skills programs for the purpose of developing a soft skills certification system. (b) The Governor's Office of Workforce Development shall have an executive director appointed by the Governor whose duties are to implement state-wide workforce development policy as directed by the Governor, to serve as workforce development policy advisor to the Governor, and to serve as executive director to the board. (c) The Governor's Office of Workforce Development shall be attached to the Office of Planning and Budget for administrative purposes only.
34-14-4. (a) The Georgia Workforce Investment Board shall meet at least quarterly and at such other times at the call of the presiding officer or as provided by the rules of the board. (b) A member of the board may designate another person to attend meetings of the board on such person's behalf. Such designee may participate in the activities and discussions of the board, but shall not have a vote in matters before the board. (c) The chairperson of the board may appoint subcommittees consisting of members of the board for any purpose consistent with the duties and responsibilities of the board under this chapter. (d) The chairperson of the board may appoint technical advisory committees composed of board members, persons who are not board members, or a combination of board and nonboard members.
34-14-5. (a) The board shall have an independent staff with expertise sufficient to perform all duties and responsibilities of the board. (b) The staff of the board may be supplemented by staff from other state agencies who are temporarily assigned to assist with special projects.
34-14-6. Workforce services in Georgia, which shall include, but not be limited to, the federal Workforce Investment Act, Wagner-Peyser Act, the Trade Adjustment Assistance Act, and related federal labor programs under the management of the Governor's Office of Workforce Development and the Georgia Department of Labor, shall require a priority of service designation for United States veterans of the United States military and their spouses and Georgia citizens receiving unemployment insurance benefits.

1888

JOURNAL OF THE HOUSE

34-14-7. This chapter shall not restrict a person's authority to contract for the provision of workforce development without state or federal funds.
34-14-8. Under this chapter, a program year shall begin on July 1 and end on June 30 of the following calendar year unless otherwise specified under appropriate state or federal law.
ARTICLE 2
34-14-20. As used in this article, the term:
(1) 'Board' means a local workforce investment board. (2) 'Cause,' unless the context clearly indicates otherwise, includes but is not limited to engaging in fraud or other criminal acts, incapacity, unfitness, neglect of duty, official incompetence and irresponsibility, misfeasance, malfeasance, nonfeasance, or lack of performance. (3) 'Fiscal agent/grant recipient' means a city or county government, or regional commission. (4) 'Local workforce investment area' means an area that is:
(A) Composed of one or more contiguous units of general local government; (B) Consistent with either a local labor market area or a metropolitan statistical area; and (C) Of a size sufficient to have the administrative resources necessary to provide for the effective planning, management, and delivery of workforce development, as defined by the Georgia Workforce Investment Board. (5) 'Veteran' means a person who: (A) Has served in:
(i) The Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States; or (ii) A reserve or guard component of one of those branches of the armed forces; and (B) Has received an honorable or general discharge or an entry level separation from the branch of the service in which the person served, but shall not be a person who received an other than honorable discharge, a bad conduct discharge, or a dishonorable discharge.
34-14-21. (a) The Governor shall, after receiving the recommendations of the Georgia Workforce Investment Board, publish a proposed designation of local workforce investment areas for the planning and delivery of workforce development.

TUESDAY, MARCH 5, 2013

1889

(b) Units of general local government, business and labor organizations, and other affected persons and organizations shall be given an opportunity to comment on and request revisions to the proposed designation of a local workforce investment area. (c) After considering all comments and requests for changes, the Governor shall make the final designation of local workforce investment areas in accordance with the federal Workforce Investment Act.
34-14-22. (a) In accordance with federal law, the elected officials within each local workforce investment area shall select a chief local elected official to represent the area. The elected officials for each local workforce investment area shall be the mayors and county commission chairpersons within the designated local workforce investment area. No more than one mayor shall represent a county in the local workforce investment area. Three-quarters of the elected officials within the local workforce investment area must be present to vote on the chief local elected official. The chief local elected official shall serve for a term of no more than two years and shall serve no more than two consecutive terms unless the local workforce investment area is composed of one city or county. (b) Meeting minutes must be submitted to the Governor's Office of Workforce Development within five business days of the election of a chief local elected official. (c) The chief local elected official shall designate a fiscal agent/grant recipient.
(d)(1) The chief local elected official in a local workforce investment area shall form, in accordance with rules established by the Governor's Office of Workforce Development, a local workforce investment board to:
(A) Plan and oversee the delivery of workforce training and services; and (B) Evaluate workforce development in the local workforce investment area. (2) This authority shall not give a local workforce investment board any direct authority or control over workforce funds and programs in its workforce investment area, other than programs approved through that board. An agreement on the formation of a board shall be in writing, be submitted to the Governor's Office of Workforce Development, and include: (A) The purpose for the agreement; (B) The process to be used to select the chief local elected official who will act on behalf of the other elected officials; (C) The process to be used to keep the elected officials informed regarding local workforce investment area activities; (D) The initial size of the board; (E) The process, consistent with applicable federal and state law, for the appointment of the board members; and (F) The terms of office of the board members. (3) The Governor's Office of Workforce Development shall assign staff to meet with each local workforce investment board annually to review the board's performance and adherence to state and federal law regulating board activities.

1890

JOURNAL OF THE HOUSE

(e) Local boards shall set policy, to be included in their by-laws, establishing what constitutes a quorum necessary for voting. At a minimum, the standard for a quorum shall include over 30 percent of board membership being present for meetings. (f) A power or duty granted to a board shall not be exercised in a workforce investment area until:
(1) The elected officials in that local workforce investment area agree on the establishment of a board; and (2) The board is certified by the Governor. (g) The chief local elected official shall appoint the board. Such appointments shall: (1) Be consistent with the local government agreement and applicable federal and state law and federal Workforce Investment Act regulations; and (2) Reflect the ethnic and geographic diversity of the local workforce investment area. To provide continuity, the chief local elected official shall consider appointing persons with management or direct hiring authority responsibility to the board who are serving or who have served previously on a private industry board, a workforce planning committee, a job service employer committee, and any other entity affected by this chapter. Local boards shall also include one staff member from the Department of Economic Development and one staff member from each Technical College System of Georgia school within the local workforce investment area. (h) Proxy voting shall not be permitted on a local workforce investment board or in the election of a chief local elected official. (i) A member or former member of a board shall not be held personally liable for a claim, damage, loss, or repayment obligation of federal or state funds that arises under this chapter unless the act or omission that causes the claim, damage, loss, or repayment obligation constitutes, on the part of the board member or former board member: (1) Official misconduct; (2) Willful disregard of the requirements of this chapter; or (3) Gross negligence. (j) To prevent conflicts of interest, chief local elected officials, local board members, and executive directors shall sign a conflict of interest statement upon accepting a position on a local board, disclosing any and all potential conflicts. The Governor's Office of Workforce Development may request any local board member to file a personal financial statement without cause. (k) The Georgia Workforce Investment Board may remove a fiscal agent/grant recipient, a member of the local board, the executive director for the local board, or the designated person responsible for the operational and administrative functions of the local board for cause. Cause for removal shall be determined by the Georgia Workforce Investment Board after consultation with the appropriate chief local elected official and the senior fiscal agent representative. (l) The chairperson of a board shall be selected from the members of the board who represent the private sector. The chairperson shall serve for a term of no more than two years and shall serve no more than two terms.

TUESDAY, MARCH 5, 2013

1891

(m) A board may create committees as needed to carry out its duties and responsibilities. (n) The Governor shall certify a board on determining that the board's composition is consistent with applicable federal and state law and requirements and meets established state criteria as determined by the Georgia Workforce Investment Board. (o) A board shall adopt a budget for the board that shall be included in the local workforce investment area plan submitted to the Governor's Office of Workforce Development no later than two weeks after the chief local elected official approves the budget. The chief local elected official shall approve in writing the budget submitted by the board. (p) Any non-budgeted purchase or expenditure over $5,000.00 by a board shall require approval by the Governor's Office of Workforce Development except for training provider expenditures approved on the eligible training provider list, approved operational expenditures which shall include salaries and benefits, and any purchase requirement in accordance with federal law.
34-14-23. (a) The Governor's Office of Workforce Development shall approve the fiscal agent/grant recipient selected by a chief local elected official before any federal or state workforce development funds shall be disbursed by the state. (b) The Governor's Office of Workforce Development shall base its approval on an audit of the financial capability of the fiscal agent to ensure that fiscal controls and fund accounting procedures necessary to guarantee the proper disbursal of and accounting for federal and state funds are in place.
34-14-24. (a) Except as otherwise provided in this Code section, a board shall not directly provide workforce training or one-stop workforce services. (b) A board may request a waiver from the Governor's Office of Workforce Development to directly provide workforce training or one-stop workforce services. The request for a waiver shall include a detailed justification based on the lack of an existing qualified alternative for delivery of workforce training or services in the local workforce investment area. (c) If a board receives a waiver to provide workforce training or one-stop workforce services, the evaluation of results and outcomes shall be provided by the Governor's Office of Workforce Development. (d) In consultation with boards, the Governor's Office of Workforce Development by rule shall establish contracting guidelines for boards, including guidelines designed to:
(1) Ensure that each independent contractor that contracts to provide one-stop workforce services has sufficient insurance, bonding, and liability coverage for the overall financial security of one-stop workforce services funds and operations; and (2) Prevent potential conflicts of interest between board members and entities that contract with boards.

1892

JOURNAL OF THE HOUSE

(e) The Governor's Office of Workforce Development shall ensure that each board complies with this Code section and shall approve a local plan only if the plan complies with this Code section. (f) Boards shall not contract with, directly or through a business entity, a member of the board, a relative of a board member, or an employee of the board. (g) Board members who have potential conflicts or contracts may remain on their respective boards until the board's next certification period as determined in accordance with the federal Workforce Investment Act.
34-14-25. (a) A board certified by the Governor shall be eligible for incentives and program waivers to promote and support integrated planning and evaluation of workforce development. (b) To the extent feasible under federal and state workforce development law, incentives include priority for discretionary funding, including financial incentives for the consolidation of service delivery areas authorized under federal law.
34-14-26. (a) The Georgia Workforce Investment Board shall provide technical assistance to local workforce investment areas that do not meet performance standards established by the Georgia Workforce Investment Board and other applicable federal and state laws. (b) The Georgia Workforce Investment Board shall set sanctions policies and procedures for failing or nonperforming local workforce investment areas in accordance with federal law. (c) If a local workforce investment area does not meet performance standards, the Georgia Workforce Investment Board shall develop and impose a reorganization plan that may include, but not be limited to:
(1) Restructuring the board; (2) Prohibiting the use of designated service providers, including state agencies; and (3) Merging the local workforce investment area with another area. (d) A local workforce investment area that is the subject of a reorganization plan may appeal to the Governor to rescind or revise the plan not later than the thirtieth day after the date of receiving notice of the plan.
34-14-27. If, as a result of financial and compliance audits or for another reason, the Georgia Workforce Investment Board finds a substantial violation of a specific provision of this chapter or another federal or state law or regulation and corrective action has not been taken, the Georgia Workforce Investment Board shall:
(1) Issue a notice of intent to revoke all or part of the affected local plan; (2) Issue a notice of intent to cease immediately reimbursement of local program costs; or (3) Impose a reorganization plan for the local workforce investment area.

TUESDAY, MARCH 5, 2013

1893

34-14-28. (a) As used in this Code section, the term 'supportive services' means services such as transportation, child care, dependent care, housing, and needs-related payments that are necessary to enable an individual to participate in activities authorized under this Code section, consistent with the provisions of this Code section, and consistent with criteria established by the Georgia Workforce Investment Board. (b) The Georgia Workforce Investment Board shall set a cap on supportive service payments as a percentage of total allotment provided to each local workforce investment area. Supportive service payments shall have full documentation on each expenditure for each participant."

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

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

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

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson E Dollar N Douglas E Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans
Fleming Floyd N Fludd N Frazier

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley

Y McCall Y Meadows N Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A
Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S

1894

JOURNAL OF THE HOUSE

Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

N Frye N Fullerton Y Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene N Gregory

N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

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

On the passage of the Bill, by substitute, the ayes were 119, nays 50.

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

HB 359. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, England of the 116th, Powell of the 171st and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to require the commissioner of revenue to deposit certain funds in the state treasury; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner

TUESDAY, MARCH 5, 2013

1895

Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin
Maxwell Y Mayo

Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

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

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

HB 366. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Fleming of the 121st, Atwood of the 179th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to clarify the application of provisions relating to disciplining certified officers and the requirements for certification of peace officers; to modify requirements for appointment or certification of persons as peace officers so as to allow for flexibility in taking the basic training examination; to provide for the automatic suspension of officers failing to obtain or report annual training requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Hitchens of the 161st offers the following amendment:

Amend HB 366 (LC 35 2892) by replacing lines 121 and 122 with the following: Peace officers who do not perform satisfactorily on the examination shall be ineligible to retake such examination for a period of six months 30 days after an unsuccessful attempt. The

1896

JOURNAL OF THE HOUSE

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson
Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, as amended, the ayes were 168, nays 0.

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

TUESDAY, MARCH 5, 2013

1897

HB 250. By Representative Rice of the 95th:

A BILL to be entitled an Act to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the local excise tax on the sale or use of energy, so as to provide for the revision of certain provisions relating to the levy, collection, and administration of such excise tax; to provide for nonapplicability of such tax to certain projects; to provide for procedures, conditions, and limitations; to provide for civil and criminal penalties; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Smith, E
Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

1898

JOURNAL OF THE HOUSE

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

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

HB 304. By Representatives McCall of the 33rd, Black of the 174th, England of the 116th, Shaw of the 176th, Watson of the 172nd and others:

A BILL to be entitled an Act to amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to freeport exemption, so as to clarify the applicability of an exemption to fertilizer production processes; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Pursuant to Rule 133, Representative Burns of the 159th was excused from voting on HB 304.

Pursuant to Rule 133, Representative Dickerson of the 113th was excused from voting on HB 304.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S

TUESDAY, MARCH 5, 2013

1899

Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V
Coleman Y Cooke

Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

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

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

HB 159. By Representatives Harrell of the 106th, Knight of the 130th, England of the 116th, Powell of the 171st, Battles of the 15th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that property tax bills shall not include any nontax related fees or assessments; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Lindsey of the 54th moved that HB 159 be placed upon the table.

The motion prevailed.

HB 164. By Representatives Atwood of the 179th, Peake of the 141st, Smyre of the 135th, Knight of the 130th, Gordon of the 163rd and others:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to eliminate the sunset from the exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

1900

JOURNAL OF THE HOUSE

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 the sunset for the exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising paragraph (86) as follows:
"(86) For the period commencing on July 1, 2007, and ending on June 30, 2013 2015, the sale or use of engines, parts, equipment, and other tangible personal property used in the maintenance or repair of aircraft when such engines, parts, equipment, and other tangible personal property are installed on such aircraft that is being repaired or maintained in this state so long as such aircraft is not registered in this state;"

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

Pursuant to Rule 133, Representative Cheokas of the 138th was excused from voting on HB 164.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs

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

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley

TUESDAY, MARCH 5, 2013

1901

Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Thomas, A.M. N Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 3.

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

HB 323. By Representatives Powell of the 32nd, Taylor of the 173rd, Lumsden of the 12th, Glanton of the 75th, Hitchens of the 161st and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles so as to modify the age for operation of certain commercial motor vehicle operators; to amend Code Section 40-1-167, relating to required information on license plates of limousines, so as to modify provisions relating to requirements on limousine license plates; to amend Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, so as to authorize the Department of Public Safety to assess an undetermined application fee for towing companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, so as to modify the age for operation of certain commercial motor vehicle operators; to require commercial motor vehicle

1902

JOURNAL OF THE HOUSE

operators to utilize safety belts; to change the names of sections within the Motor Carrier Compliance Division of the Department of Public Safety; to authorize the commissioner of public safety to immediately suspend a motor carrier or limousine carrier certificate in emergency situations; to authorize the department to retain and set certain fees imposed against motor carriers and limousine carriers; to authorize the department to seize vehicles for the nonpayment of assessed fines and penalties; to provide a definition for corporate sponsored vanpool; to modify provisions relating to the suspension of motor carrier permits and certificates; to modify provisions relating to motor carriers of passengers; to amend Code Section 40-1-167, relating to required information on license plates of limousines, so as to modify provisions relating to requirements on limousine license plates; to amend Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, so as to authorize the Department of Public Safety to assess an undetermined application fee for towing companies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, is amended by revising Code Section 40-1-8, relating to definitions, safe operations of motor carriers and commercial motor vehicles, civil and criminal penalties, and operation of out-of-service vehicles, as follows:
"40-1-8. (a) As used in this Code section, the term:
(1) 'Commissioner' means the commissioner of public safety. (2) 'Department' means the Department of Public Safety. (b) The commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor carriers, the safe operation of commercial motor vehicles and drivers, and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner shall include, but are not limited to, the following: (1) Every commercial motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner shall from time to time promulgate; (2) Every driver employed to operate a motor vehicle for a motor carrier shall:
(A) Be be at least 18 years of age to operate a motor vehicle for a motor carrier intrastate and at least 21 years of age to operate a motor vehicle for a motor carrier interstate;, (B) Meet meet the qualification requirements the commissioner shall from time to time promulgate,; (C) Be be of temperate habits and good moral character,;

TUESDAY, MARCH 5, 2013

1903

(D) Possess possess a valid driver's license,; (E) Not not use or possess prohibited drugs or alcohol while on duty,; and (F) Be be fully competent and sufficiently rested to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of commercial motor vehicles shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; (4) The commissioner shall require each commercial motor vehicle to have attached such distinctive markings as shall be adopted by the commissioner. Such identification requirements shall comply with the applicable provisions of the Federal federal Unified Carrier Registration Act of 2005; and (5) The commissioner shall provide distinctive rules for the transportation of unmanufactured forest products in intrastate commerce to be designated the 'Georgia Forest Products Trucking Rules.' (c)(1) Regulations governing the safe operations of motor carriers, commercial motor vehicles and drivers, and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, by referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that such federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's Internet site. The commissioner may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (2) Rules, regulations, or orders previously adopted, issued, or promulgated pursuant to the provisions of Chapter 7 or 11 of Title 46 in effect on June 30, 2011, shall remain in full force and effect until such time as the commissioner of public safety adopts, issues, or promulgates new rules, regulations, or orders pursuant to the provisions of this Code section. (d)(1) The commissioner may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005. (2) A cause of action for the collection of a penalty imposed pursuant to this subsection may be brought in the superior court of the county where the principal place of business of the penalized company is located or in the superior court of the county where the action giving rise to the penalty occurred. (e) The commissioner is authorized to adopt such rules and orders as he or she may deem necessary in the enforcement of this Code section. Such rules and orders shall

1904

JOURNAL OF THE HOUSE

have the same dignity and standing as if such rules and orders were specifically provided in this Code section. The commissioner is authorized to establish such exceptions or exemptions from the requirements of this Code section, as he or she shall deem appropriate, consistent with any federal program requirements, and consistent with the protection of the public health, safety, and welfare.
(f)(1) The commissioner may designate members of the department, pursuant to Article 5 of Chapter 2 of Title 35, to perform regulatory compliance inspections. Members of county, municipal, campus, and other state agencies may be designated by the commissioner to perform regulatory compliance inspections only of vehicles, drivers, and cargo in operation, and may only enforce the provisions of rules and regulations promulgated under this Code section or Article 2 of this chapter subject to the provisions of a valid agreement between the commissioner and the county, municipal, campus, or other state agency. (2) Unless designated and authorized by the commissioner, no members of county, municipal, campus, and other state agencies may perform regulatory compliance inspections. (g) No person shall drive or operate, or cause the operation of, a vehicle in violation of an out-of-service order. As used in this subsection, the term 'out-of-service order' means a temporary prohibition against operating as a motor carrier or driving or moving a vehicle, freight container or any cargo thereon, or any package containing a hazardous material. (h) Unless otherwise provided by law, a motor carrier or operator of a commercial motor vehicle shall comply with the: (1) Motor carrier safety standards found in 49 C.F.R. Part 391; (2) Seatbelt usage requirements found in 49 C.F.R. Section 392.16; and (3) Hours of service and record of duty status requirements of 49 C.F.R. Part 395. (i) A person failing to comply with the requirements of paragraph (2) of subsection (h) of this Code section shall be guilty of the misdemeanor offense of failure to wear a seat safety belt while operating a commercial motor vehicle and, upon conviction thereof, shall be fined not more than $50.00 but shall not be subject to imprisonment. The costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. No points shall be added pursuant to Code Section 40-5-57 and no additional fines or penalties shall be imposed. (h)(j) Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this Code section or any order, rule, or regulation adopted pursuant to this Code section, or who procures, aids, or abets a violation of this Code section or such rule or regulation, shall be guilty of a misdemeanor. Misdemeanor violations of this Code section may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title."

TUESDAY, MARCH 5, 2013

1905

SECTION 2. Said chapter is further amended in Code Section 40-1-52, relating to the establishment of the Motor Carrier Compliance Division, as follows:
"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 which shall include a section designated the Regulatory Compliance Section. 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 Division shall be known and designated as law enforcement officers. The Motor Carrier Regulation Regulatory 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."
SECTION 3. Said chapter is further amended in Code Section 40-1-53, relating to methods of enforcement for the Georgia Motor Carrier Act of 2012, as follows:
"40-1-53. (a) As used in this article, the term 'department' means the Department of Public Safety. (b) The department is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief."
SECTION 4. Said chapter is further amended by repealing in its entirety Code Section 40-1-56, relating to penalties for failure to register, administrative procedures, and judicial review, and enacting a new Code Section 40-1-56 to read as follows:
"40-1-56. (a) Following a reasonable attempt to notify a holder of a certificate, the commissioner is authorized to immediately suspend a motor carrier or limousine carrier certificate or permit if the commissioner finds that such suspension is necessary to protect against an immediate threat to the life, health, or safety of others. An emergency suspension made pursuant to this subsection may be appealed by filing a request for administrative review with the department within 30 days of receipt of notice of the department's decision. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) Notice of a violation and the assessed amount shall be made by means of personal service upon the violator. The notice shall include a warning that a vehicle related to the violation may be subject to suspension of the registration pursuant to Code Section 40-1-56.1. The respondent shall then have 60 days in which to pay the assessed penalty

1906

JOURNAL OF THE HOUSE

or file with the department a written request for an administrative review. The request for an administrative review shall specify whether the respondent is challenging the validity of the imposition of the penalty or the amount of the assessment, or both. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(c)(1) 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) Reissuance fees charged by the Department of Revenue shall be retained by the Department of Revenue. (3) Restoration fees charged by the department shall be retained by the department. (d)(1) Any party who has exhausted all administrative remedies available before the department and who is aggrieved by a final decision of the department made pursuant to this Code section may seek judicial review of the final order of the department in the Superior Court of Fulton County or in the superior court of the county in which the principal place of business of the aggrieved party is located. (2) Proceedings for review shall be instituted by filing a petition within 30 days after the service of the final decision of the department or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the department shall not be a prerequisite to the filing of a petition for review. Copies of the petition shall be served upon the department and all parties of record before the department. (3) The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision, and the ground upon which the petitioner contends 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 have transmitted 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) 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 department; (C) Made upon unlawful procedure;

TUESDAY, MARCH 5, 2013

1907

(D) Clearly not supported by any reliable, probative, and substantial evidence on the record as a whole; or (E) Arbitrary or capricious. (6) A party aggrieved by an order of the court may appeal to the Supreme Court or to the Court of Appeals in accordance with Article 2 of Chapter 6 of Title 5, the 'Appellate Practice Act.'"
SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"40-1-56.1. (a) Whenever any motor carrier or limousine carrier owes penalties to the department which were imposed for violations pursuant to Code Section 40-1-56 and the violation relates to an identifiable vehicle, then the motor carrier or limousine carrier shall have 60 days from the date of the assessed penalty or final judicial review following an appeal of the assessment. If the assessment is not paid within the 60 days, such assessment shall become a lien upon the identified motor vehicle found to be in violation, and the lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the department was created. (b) The department shall perfect the lien created under this Code section by sending notice thereof on a notice designated by the department, by first-class mail or by statutory overnight delivery, return receipt requested, to the owner and all holders of liens and security interests shown on the records of the Department of Revenue maintained pursuant to Chapter 3 of this title. Upon receipt of notice from the Department of Public Safety, the holder of the certificate of title shall surrender the same to the state revenue commissioner for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 60 days of the receipt of notice. The Department of Revenue may append the lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender such certificate as required by this subsection. (c) Upon issuance of a title bearing the lien of the department, or the appending of the lien to the records of the Department of Revenue, the owner of the vehicle or the holder of any security interest or lien shown in the records of the Department of Revenue may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of an additional reisuance fee of $100.00 which shall be paid to the Department of Revenue. Upon receipt of such amount, the department shall release its lien and the Department of Revenue shall issue a new title without the lien.
(d)(1) The department, in seeking to foreclose its lien on the motor vehicle arising out of an assessed violation pursuant to Code Section 40-1-56, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the department, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ of possession.

1908

JOURNAL OF THE HOUSE

(2) The department shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a writ for immediate possession upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly. (4) When an immediate writ of possession has been granted, the department shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269. (e)(1) Whenever any motor carrier or limousine carrier fails within 60 days of the date of issuance of a penalty involving an identifiable vehicle assessed pursuant to Code Section 40-1-56 either to pay the assessment or appeal to the department for an administrative review, the Department of Revenue may act to suspend the motor vehicle registration of the vehicle involved. However, if the motor carrier or limousine carrier requests an administrative review, the Department of Revenue shall act to suspend the registration only after the issuance of a final decision favorable to the department and the requisite failure of the motor carrier or limousine carrier to pay the assessment. Upon such failure to pay the assessment, the Department of Revenue shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in violation which was the basis for the penalty. Upon complying with this subsection by paying the overdue assessment, submitting proof of compliance, and paying a $10.00 restoration fee to the Department of Revenue, the state revenue commissioner shall reinstate any motor vehicle registration suspended under this subsection. In cases where the motor vehicle registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Revenue shall suspend the motor vehicle registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays a $150.00 restoration fee to the Department of Revenue. (2) Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (1) of this subsection. (3) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a motor carrier or limousine carrier at the name and address shown in records of the Department of Revenue maintained under Chapter 3 of this title shall, with respect to the holders of liens and security interests, be presumptive evidence that such motor carrier or limousine carrier received the required notice.

TUESDAY, MARCH 5, 2013

1909

(4) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to owners and operators of vehicles involved in a penalty assessed pursuant to 40-1-56 shall be presumptive evidence that such motor carrier or limousine carrier received the required notice. (5) The state revenue commissioner may suspend the motor vehicle registration of any offending vehicle for which payment of an assessment is made by a check that is returned for any reason."
SECTION 6. Said chapter is further amended by revising Code Section 40-1-100, relating to definitions relative to certification of motor carriers, as follows:
"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 commissioner of public safety. (4) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5) 'Corporate sponsored vanpool' means a rideshare program sponsored by an employer in which the employer pays all or some of the costs associated with the transportation of its employees to a single work reporting location and all the vehicles used in the program have a manufacturer's gross vehicle weight rating of not more than 10,000 pounds and are designed to carry not more than 15 passengers including the driver. (6) 'Department' means the Department of Public Safety. (5)(7) '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)(8) '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

1910

JOURNAL OF THE HOUSE

exempt rideshare shall be deemed to involve any element of transportation for compensation or for hire an activity relating to a person engaged in the transportation of goods or passengers for compensation. (7)(9) '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)(10) 'GRTA' means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71. (9)(11) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commissioner may provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder. (10)(12) '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, or 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 40-1-8; (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 vanpool 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

TUESDAY, MARCH 5, 2013

1911

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 (v) of this subparagraph; or (viii) Ambulances. (11)(13) '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. (14) 'Permit' means a written or electronic authorization issued by the department to motor carriers of passengers and nonconsensual towing companies for the purpose of providing services in accordance with the rules and guidelines of the department. (12)(15) '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)(16) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (14)(17) '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."
SECTION 7. Said chapter is further amended in subsection (a) of Code Section 40-1-102, relating to certificates as prerequisite to the operation of motor carriers and minimum insurance requirements, as follows:

1912

JOURNAL OF THE HOUSE

"(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 or permit."
SECTION 8. Said chapter is further amended in Code Section 40-1-104 relating to the revocation, alteration, or amendment of a motor carrier certificate, suspension of a certificate, and out-of-service orders, as follows:
"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 or permit, 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 or permit, if the commissioner finds such suspension necessary:
(1) To to protect life, health, or safety, or; (2) to protect the public and For the protection of consumers; or (3) Based upon a finding that the carrier no longer meets the qualification or fitness requirements of Code Section 40-1-103 or 40-1-106. Certificate holders affected by such suspension may appeal to the commissioner for review pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedures Procedure 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 or permit holder, pursuant to the provisions of this article or the department's rules."
SECTION 9. Said chapter is further amended in Code Section 40-1-106, relating to fitness of applicant and protesting certificate, as follows:
"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

TUESDAY, MARCH 5, 2013

1913

(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 shall 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."
SECTION 10. Said chapter is further amended in Code Section 40-1-110, relating to hearing and notice of pending application, as follows:
"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 give notice of the pending application by posting the same on the department's official website for ten days. If a protest is filed with the department, the commissioner shall fix a time and place for a hearing. 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."
SECTION 11. Said chapter is further amended in Code Section 40-1-117, relating to registered agents, service, and vehicles excluded from motor common or contract carriers, as follows:
"40-1-117. (a) Each nonresident motor carrier shall, before any certificate or 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

1914

JOURNAL OF THE HOUSE

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, return receipt requested, 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 be issued 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."
SECTION 12. Said chapter is further amended in Code Section 40-1-119, relating to charges by motor carriers and unjust discrimination by carriers prohibited, as follows:
"40-1-119. No motor carrier of household goods or property passengers shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of property household goods or passengers 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 passengers may issue passes or free transportation; may prescribe reduced rates for special occasions; and may fix and prescribe rates and schedules."

TUESDAY, MARCH 5, 2013

1915

SECTION 13. Said chapter is further amended in paragraph (8) of Code Section 40-1-151, relating to definitions for Georgia limousine carrier provisions, as follows:
"(8) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the commission commissioner."
SECTION 14. Said chapter is further amended in Code Section 40-1-161, relating to revocation, alteration, or amendment of limousine certificates, as follows:
"40-1-161. 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. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and the provisions of Code Section 40-1-56."
SECTION 15. Said chapter is further amended in Code Section 40-1-163, relating to rates and charges for limousine carriers, as follows:
"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 40-1-151 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 40-1-151 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier shall be void."
SECTION 16. Said chapter is further amended in Code Section 40-1-167, relating to required information on license plates of limousines, as follows:

1916

JOURNAL OF THE HOUSE

"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 limousine carrier name,; (2) City city and state of principal domicile,; (3) Company company telephone number,; and (4) Motor carrier identification number if the limousine carrier is a commercial motor carrier or motor carrier authorization number issued by the department if the limousine carrier is a lightweight commercial vehicle 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 such vehicle being placed in service."
SECTION 17. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by revising Code Section 40-6-248.1, relating to securing loads on vehicles, as follows:
"40-6-248.1. (a) As used in this Code section, the term 'litter' has the meaning provided by paragraph (1) of Code Section 16-7-42. (a.1) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to:
(1) Create a safety hazard; or (2) Deposit litter on public or private property while such vehicle is on a public road. However, this Code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said such covering or load from: (1) Becoming loose, detached, or in any manner becoming a hazard to other users of the public road; or (2) Depositing litter on public or private property while such vehicle is on a public road. (c) No motor carrier shall allow a commercial motor vehicle to be driven and no person shall operate a commercial motor vehicle with a load that is not secure. Loads shall be secured as required by state and federal law, rule, and regulation. As used in this subsection, the term 'load' shall include loads consisting of liquids and gases as well as solid materials. (c)(d) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Department of Public Safety, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles.

TUESDAY, MARCH 5, 2013

1917

(d)(e) The provisions of paragraph (2) of subsection (a) and paragraph (2) of subsection (b) of this Code section and regulations based thereon shall not apply to organic debris that escapes during the transportation of silage from field or farm to storage and storage to feedlot or during the transportation of agricultural or farm products or silvicultural products from farm or forest to a processing plant or point of sale or use."
SECTION 18. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising paragraph (2) of subsection (d) of Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, as follows:
"(2) Towing and storage firms operating within a municipality's corporate limits shall obtain a nonconsensual towing permit from the department and shall file its registered agent's name and address with the department. The department may assess, collect, and retain an application fee in an amount to be determined by the commissioner."
SECTION 19. This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Powell of the 32nd offers the following amendment:
Amend the House Committee on Motor Vehicles substitute to HB 323 (LC 35 2957ERS) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively, on pages 5 and 6 and by replacing line 153 with the following:
(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) Following a reasonable attempt to notify a holder of a certificate, the commissioner is

1918

JOURNAL OF THE HOUSE

By redesignating Sections 12 through 20 as Sections 13 through 21, respectively, and by inserting between lines 518 and 519 the following:
SECTION 12. Said chapter is further amended in Code Section 40-1-117, relating to registered agents, service, and vehicles excluded from motor common or contract carriers, as follows:
"40-1-117. (a) Each nonresident motor carrier shall, before any certificate or 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, return receipt requested, 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 be issued 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."

TUESDAY, MARCH 5, 2013

1919

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Bennett
Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 7.

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

1920

JOURNAL OF THE HOUSE

The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 266. By Representative Peake of the 141st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
Representative Peake of the 141st moved that the House insist on its position in amending the Senate substitute to HB 266 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives O`Neal of the 146th, Peake of the 141st and Rice of the 95th.
Representative Battles of the 15th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 377 Do Pass, by Substitute
Respectfully submitted, /s/ Battles of the 15th
Chairman
The Speaker announced the House in recess until 2:00 o'clock, this afternoon.

TUESDAY, MARCH 5, 2013

1921

AFTERNOON SESSION

The Speaker called the House to order.

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

Mr. Speaker:

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

HB 536 HB 538 HB 540

Do Pass Do Pass Do Pass

HB 537 Do Pass HB 539 Do Pass

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

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

HR 605. By Representatives Gardner of the 57th, Oliver of the 82nd, Brooks of the 55th, Jones of the 53rd, Bennett of the 94th and others:

A RESOLUTION recognizing March, 2013 as American Red Cross Month in Georgia and inviting Red Cross staff and volunteers to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 606. By Representative Abrams of the 89th:

A RESOLUTION recognizing and commending John Reasor for his outstanding achievements; and for other purposes.

HR 607. By Representatives Lumsden of the 12th, Dempsey of the 13th and Coomer of the 14th:

A RESOLUTION recognizing and commending J. Daniel Hanks on his outstanding accomplishments; and for other purposes.

1922

JOURNAL OF THE HOUSE

HR 608. By Representative Coleman of the 97th:
A RESOLUTION honoring and congratulating Mrs. Saralyn Reeves Foster upon the grand occasion of her 80th birthday; and for other purposes.
HR 609. By Representatives Dunahoo of the 30th, Hawkins of the 27th, Rogers of the 29th, Barr of the 103rd, Rogers of the 10th and others:
A RESOLUTION recognizing and commending Dr. R. Mark Coleman on the occasion of his retirement; and for other purposes.
HR 610. By Representatives Jordan of the 77th, Scott of the 76th, Brooks of the 55th and Beasley-Teague of the 65th:
A RESOLUTION honoring the life and memory of Mr. Daniel Dennie Trotter, Sr.; and for other purposes.
HR 611. By Representative Epps of the 144th:
A RESOLUTION recognizing and commending Casey Hamilton; and for other purposes.
HR 612. By Representatives Frazier of the 126th, Bruce of the 61st, Jackson of the 128th, Howard of the 124th, Douglas of the 78th and others:
A RESOLUTION honoring and celebrating the 80th birthday of Cecil Marie Beechum Jackson; and for other purposes.
HR 613. By Representatives Frazier of the 126th, Howard of the 124th, Murphy of the 127th, Smith of the 125th, Bruce of the 61st and others:
A RESOLUTION recognizing and commending Mayor Maggie Bell Cheatham Cartwright; and for other purposes.
HR 614. By Representatives Frazier of the 126th, Howard of the 124th, Murphy of the 127th, Smith of the 125th, Douglas of the 78th and others:
A RESOLUTION recognizing and commending Deacon James Willie Sturgis, founder of the Bright Stars Gospel Singers; and for other purposes.
HR 615. By Representatives Frazier of the 126th, Williams of the 87th, Jackson of the 128th, Bruce of the 61st, Douglas of the 78th and others:

TUESDAY, MARCH 5, 2013

1923

A RESOLUTION recognizing and commending Ms. Jamie Johnson White; and for other purposes.
HR 616. By Representatives Gardner of the 57th, Bruce of the 61st, Brooks of the 55th, Oliver of the 82nd, Jones of the 53rd and others:
A RESOLUTION recognizing and commending Mr. Emory McClinton; and for other purposes.
HR 617. By Representatives Coleman of the 97th, Casas of the 107th, Clark of the 101st, Maxwell of the 17th and Kaiser of the 59th:
A RESOLUTION recognizing the first week of October 2013 as "Georgia Pre-K Week" at the state capitol; and for other purposes.
HR 618. By Representatives Harbin of the 122nd, Sims of the 123rd and Fleming of the 121st:
A RESOLUTION congratulating Michele Lundy on being named Girl of the Year for the Leukemia and Lymphoma Society's Augusta Man and Woman of the Year campaign; and for other purposes.
HR 619. By Representative Pruett of the 149th:
A RESOLUTION recognizing March 7, 2013, as Conditioned Air Association of Georgia Day at the state capitol; and for other purposes.
HR 620. By Representative Stephens of the 164th:
A RESOLUTION recognizing March 5, 2013, as Georgia Food Bank Association Day at the state capitol; and for other purposes.
HR 621. By Representatives Bruce of the 61st, Frazier of the 126th, Williams of the 87th, Glanton of the 75th, Mayo of the 84th and others:
A RESOLUTION recognizing and commending the National Forum of Black Public Administrators on the occasion of its 30th annual conference and 25th anniversary of the Executive Leadership Institute and Mentoring Program; and for other purposes.

1924

JOURNAL OF THE HOUSE

HR 622. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Gerald Ernest McQuade; and for other purposes.
HR 623. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Kevan Allen Massey; and for other purposes.
HR 624. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Matthew Sims Olle; and for other purposes.
HR 625. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending James Patrick McQuade; and for other purposes.
HR 626. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Ernest Gerald McQuade; and for other purposes.
HR 627. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Matthew D. Bonham; and for other purposes.
HR 628. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending James V. Bonham; and for other purposes.
HR 629. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Tyler Brett Pinson; and for other purposes.

TUESDAY, MARCH 5, 2013

1925

HR 630. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Douglas M. Bodenhamer III; and for other purposes.
HR 631. By Representatives Chapman of the 167th, Atwood of the 179th and Jones of the 47th:
A RESOLUTION recognizing and commending the alumni of Glynn Academy on the occasion of the school's 225th anniversary; and for other purposes.
HR 632. By Representatives Golick of the 40th and Powell of the 32nd:
A RESOLUTION honoring the life and memory of Officer Sean Louis Callahan; and for other purposes.
HR 633. By Representatives Golick of the 40th and Powell of the 32nd:
A RESOLUTION honoring the life and memory of Deputy Sheriff Brian Lamar Mahaffey; and for other purposes.
HR 634. By Representative Glanton of the 75th:
A RESOLUTION recognizing and commending Clayton County Family Care on the occasion of their 61st anniversary; and for other purposes.
HR 635. By Representatives Dempsey of the 13th, Fullerton of the 153rd and Kidd of the 145th:
A RESOLUTION recognizing March 4, 2013, as Easter Seals Georgia Day at the state capitol; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 443. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be

1926

JOURNAL OF THE HOUSE

appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; 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 amendment was read:

Representative Thomas of the 56th et al. offer the following amendment:

Amend HB 443 (LC 35 2902) by deleting the following from line 18: and until a successor has been duly appointed

By deleting the following from lines 19 and 20: His or her successor shall be appointed by the Governor and shall serve a term of four years.

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

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley N Benton
Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce
Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Carson N Carter
Casas N Chandler

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar N Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart N England
Epps, C N Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner N Gasaway

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby
Knight

N McCall N Meadows Y Mitchell N Morgan N Morris Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver
O'Neal N Pak N Parrish N Parsons N Peake N Pezold N Powell, A N Powell, J N Pruett N Quick N Ramsey Y Randall N Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge

Sims, C Y Smith, E N Smith, L N Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M N Stephens, R Y Stephenson Y Stovall N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T
Teasley Thomas, A.M. Y Thomas, B N Turner VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson

TUESDAY, MARCH 5, 2013

1927

Channell N Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Geisinger Y Glanton N Golick Y Gordon N Gravley N Greene N Gregory

N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N Rynders Y Scott N Setzler Y Sharper N Shaw N Sheldon N Sims, B

N Willard Y Williams, A N Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

On the adoption of the amendment, the ayes were 52, nays 114.

The amendment was lost.

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

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

N Abrams N Alexander Y Allison N Anderson
Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce
Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England
Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston
Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L
Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan
Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott N Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T
Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

1928

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 110, nays 56.

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

House of Representatives

Tuesday, March 05, 2013

I pushed my button to vote "no" on HB 443.

As the board was clearing out, I did not see any vote registered next to my name.

Please record me as a "No" vote on HB 443.

Thanks,

/s/ Sheila Jones Sheila Jones, House District 53

HB 389. By Representatives Taylor of the 173rd, Smith of the 134th, Meadows of the 5th, Shaw of the 176th, Rogers of the 29th 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 sunset requirements to provide conversion and enhanced conversion rights and coverage; to add new provisions allowing for the discontinuance of conversion and enhanced conversion coverage; to sunset certain provisions related to the assignment system; to add new provisions allowing for the discontinuance of assignment system benefit plans; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy
Neal Y Nimmer

Y Sims, C N Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R

TUESDAY, MARCH 5, 2013

1929

Y Bell N Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce N Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

N Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T
Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S
Welch Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 150, nays 16.

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

HB 276. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Smith of the 70th and Nix of the 69th:

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset date for certain hazardous waste fees; 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

1930

JOURNAL OF THE HOUSE

To amend Titles 12 and 45 of the Official Code of Georgia Annotated, relating to conservation and natural resources and public officers and employees, respectively, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset dates for certain fees and surcharges; 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 for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (b) of Code Section 12-8-95, relating to the hazardous waste trust fund, as follows:
"(b) The moneys deposited in the hazardous waste trust fund may be expended by the director as follows:
(1) For activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment; (2) For emergency actions the director considers necessary to protect public health, safety, or the environment whenever there is a release of hazardous wastes, hazardous constituents, or hazardous substances; (3) For activities of the division associated with the administration of this part, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; (4) In accordance with rules promulgated by the board, for financing of the state and local share of the costs associated with the investigation, remediation, and postclosure care and maintenance of sites placed on the National Priority List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or sites placed on the hazardous site inventory pursuant to Code Section 12-8-97; provided, however, that the director shall ensure that beginning July 1, 2003, and annually in each following year, an amount equal to at least one-half of the sum of annual collections made pursuant to subsection (e) of Code Section 12-839 and appropriated to the department in accordance with subsection (b) of Code Section 12-8-91 shall be available to be used for the purposes of this paragraph; provided, further, that if a county or municipal corporation has been or is the owner of or operator of such site, not less than $500,000 of such costs shall be paid from the hazardous waste trust fund; and

TUESDAY, MARCH 5, 2013

1931

(5) For activities administered by the director associated with pollution prevention, including reduction of hazardous wastes generated in the this state; and. (6) Provided that annual appropriations are made to the Department of Natural Resources in accordance with subsection (b) of Code Section 12-8-91, for transfer on an annual basis to the Georgia Hazardous Waste Management Authority in an amount equal to 10 percent of the previous year's payment into the state treasury by the division of fees and penalties pursuant to subsection (e) of Code Section 12-2-2, subsection (e) of Code Section 12-8-39, and Code Section 12-8-95.1. If in any year the fees cease to be collected due to the unencumbered principal balance exceeding $25 million in the hazardous waste trust fund, a transfer of funds shall be made to the Georgia Hazardous Waste Management Authority from the principal of the hazardous waste trust fund equal to the average transfer for the three preceding years. Such transferred funds are to be administered by the chief administrative officer of the Georgia Hazardous Waste Management Authority to fund source reduction and project activities as set forth in Article 4 of this chapter and in accordance with the policies of the board."
SECTION 2. Said title is further amended by revising subsections (e) and (g) 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." "(g) Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after July 1, 2013 2018."
SECTION 3. Said title is further amended in 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."

1932

JOURNAL OF THE HOUSE

SECTION 4. Said title is further amended by revising subsection (h) of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, as follows:
"(h) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1, 2013 2018."
SECTION 5. 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. 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 amount of the fee unreduced by this Code section. (2) 'Collecting agency' means the Environmental Protection Division of the Department of Natural Resources. (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 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; and (B) Tire disposal fee provided for under subsection (h) of Code Section 12-8-40.1 for the solid waste trust 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, 2014, and each fiscal year thereafter, for paragraph (4) of subsection (a) of this Code section: (1) The Office of Planning and Budget shall determine the base amount for the purpose or function as described under a subparagraph of paragraph (4) of subsection (a) of this Code section; (2) The Office of Planning and Budget shall determine the current appropriation amount and the new appropriation amount;

TUESDAY, MARCH 5, 2013

1933

(3) The Office of Planning and Budget shall determine an amount equal to 25 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 25 percent for the fiscal year beginning on July 1; provided, however, that in no event shall the reduction ever be less than an amount which would be equal to the new appropriation amount. (B) 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 collecting agency of the adjusted fee amount; and (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 25 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 25 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.

1934

JOURNAL OF THE HOUSE

(e)(1) During any session of the General Assembly, prior to the adoption of the supplementary appropriations Act amending the current fiscal year budget or prior to the adoption of the General Appropriations Act providing for the succeeding fiscal year's budget, the General Assembly shall be authorized to waive and suspend the operation of this Code section with respect to any fee or fee identified under paragraph (4) of subsection (a) of this Code section in the manner specified in paragraph (2) of this subsection. (2) Each such waiver and suspension shall be accomplished by a joint resolution, enacted with the force and effect of law, the duration of which shall not exceed a single fiscal year, and which shall apply only to a single fee identified under a subparagraph of paragraph (4) of subsection (a) of this Code section. (f) No provision of this Code section providing for the determination of any amount shall preclude the appropriation of greater amounts for purposes or functions covered by this Code section. (g) The collecting agency 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 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton

TUESDAY, MARCH 5, 2013

1935

Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tankersley Y Tanner Y Taylor, D Y Taylor, T
Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 2.

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

HB 215. By Representative Benton of the 31st:

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 change provisions relating to filings in the clerk's office; to increase fees for certain filings; to change provisions relating to office hours; 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 change provisions relating to filings in the clerk's office; to change provisions relating to office hours; to provide for related matters; to repeal conflicting laws; and for other purposes.

1936

JOURNAL OF THE HOUSE

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 (10) of subsection (a) of Code Section 15-6-61, relating to duties of clerks generally, as follows:
"(10) To make a notation on all conveyances of real or personal property, including liens, of the date and time they were recorded filed for recordation, which shall be evidence of the facts stated. When the clerk accepts an instrument or document for filing, the clerk shall note the date and time of receipt of such instrument or document on the instrument or document. All liens or conveyances 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. 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 and without receiving all required fees and taxes that are due in connection with such filing. The notation required by this paragraph may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, mechanical printing, or electronic signature or stamp;"

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 15-6-93, relating to office hours, as follows:
"(a) The Except as provided in this Code section, the office of each clerk of 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, unless such office has three or fewer employees, in which case such office shall be permitted to be open from at least 8:00 A.M. until noon and from at least 1:00 P.M. until 5:00 P.M."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre

TUESDAY, MARCH 5, 2013

1937

Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 0.

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

HB 381. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Smith of the 70th, Burns of the 159th and others:

A BILL to be entitled an Act to amend Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, organize volunteer services, and cooperate with government entities and civic organizations, so as to revise provisions relative to department creation and operation of a nonprofit corporation; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

1938

JOURNAL OF THE HOUSE

A BILL TO BE ENTITLED AN ACT

To amend Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, organize volunteer services, and cooperate with government entities and civic organizations, so as to revise provisions relative to department creation and operation of a nonprofit corporation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, organize volunteer services, and cooperate with government entities and civic organizations, is amended by revising subparagraph (f)(2)(C) as follows:
"(C) The board of directors of any such nonprofit corporation shall always include three members of the Board of Natural Resources who shall serve as nonvoting members. Service by a member of the Board of Natural Resources as a nonvoting member of the board of directors of any such nonprofit corporation shall not constitute a conflict of interest. No member of the Board of Natural Resources shall be an officer or director a voting member of the board of directors of any such nonprofit corporation;"

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 Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland

TUESDAY, MARCH 5, 2013

1939

Y Benton Beverly
Y Black Y Braddock Y Broadrick Y Brockway Y Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd N Fludd Y Frazier N Frye N Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Holt Y Houston Y Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 11.

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

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

Mr. Speaker:

The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House:

HB 266. By Representative Peake of the 141st:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective

1940

JOURNAL OF THE HOUSE

date; to provide 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: Balfour of the 9th, Hill of the 32nd, and Unterman of the 45th.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 375. By Representatives Williamson of the 115th, Shaw of the 176th and Mayo of the 84th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for cancellations under certain circumstances relating to policy terms that permit an audit or rate investigation and noncompliance by the insured; to provide for related matters; to provide for 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 Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for cancellations under certain circumstances relating to policy terms that permit an audit and noncompliance by the insured; 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. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new subsection to Code Section 33-24-44, relating to cancellation of policies generally, to read as follows:
"(d.2) If the terms of a policy permit an audit and the insured fails to submit to or allow an audit for the current or most recently expired term, the insurer may, after two documented efforts to notify the policyholder and the policyholder's agent of potential cancellation, send via certified mail or statutory overnight delivery, return receipt requested, written notice to the named insured at least ten days prior to the effective date of cancellation in lieu of the number of days' notice otherwise required by law;

TUESDAY, MARCH 5, 2013

1941

provided, however, that no cancellation notice shall be mailed within 20 days of the first documented effort to notify the policyholder of potential cancellation."

SECTION 2. This Act shall be applicable to policies issued or renewed on or after July 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb
Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J
Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

1942

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 172, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 289. By Representatives Kelley of the 16th, Lindsey of the 54th and Willard of the 51st:
A BILL to be entitled an Act to amend Part 1 of Article 4A of Title 11 of the Official Code of Georgia Annotated, relating to subject matter and definitions relative to funds transfers, so as to clarify the relationship between certain provisions of the Uniform Commercial Code and federal law; 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 1 of Article 4A of Title 11 of the Official Code of Georgia Annotated, relating to subject matter and definitions relative to funds transfers, so as to clarify the relationship between certain provisions of the Uniform Commercial Code and federal law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 4A of Title 11 of the Official Code of Georgia Annotated, relating to subject matter and definitions relative to funds transfers, is amended by revising Code Section 11-4A-108, relating to the exclusion of consumer transactions governed by federal law, as follows:
"11-4A-108. Exclusion of consumer transactions governed by federal law. Relationship to federal Electronic Fund Transfer Act. (a) Except as provided in subsection (b) of this Code section, this This article does not apply to a funds transfer any part of which is governed by the federal Electronic Fund Transfer Act of 1978, 15 U.S.C. Section 1693, et seq., as amended from time to time. (b) This article shall apply to a funds transfer that is a remittance transfer as defined in the federal Electronic Fund Transfer Act, 15 U.S.C. Section 1693o-1(g), unless the remittance transfer is an electronic fund transfer as defined in such act, 15 U.S.C. Section 1693(a). (c) In the event of any conflict or inconsistency between the provisions of this article and the provisions of the federal Electronic Fund Transfer Act of 1978, 15 U.S.C. Section 1693, et seq., such act shall govern and control."

TUESDAY, MARCH 5, 2013

1943

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 175, nays 1.

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

1944

JOURNAL OF THE HOUSE

HB 475. By Representatives Pak of the 108th, Ramsey of the 72nd, Rice of the 95th, Stephens of the 164th, Powell of the 32nd and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the commissioner of driver services to enter into reciprocal agreements on behalf of Georgia for the recognition of drivers' licenses issued by foreign territories; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey
Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

TUESDAY, MARCH 5, 2013

1945

On the passage of the Bill, the ayes were 174, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 482. By Representatives Neal of the 2nd, Hill of the 22nd, Greene of the 151st, Dunahoo of the 30th, Kidd of the 145th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board of Corrections and the Department of Corrections, so as to provide that employees of the Department of Corrections serving as certified peace officers may retain their weapons under certain circumstances; to authorize the Board of Corrections to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that former certified employees of the Department of Corrections may retain their department issued weapon under certain circumstances; to provide that former certified employees of the State Board of Pardons and Paroles may retain their board issued weapon 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. Title 42 of the Official Code of Georgia Annotated, relating to penal insitutions, is amended by adding a new Code section to read as follows:
"42-2-16. (a) An employee leaving the service of the department under honorable conditions who has accumulated 20 or more years of service with the department as a certified officer shall be entitled as part of such employee's compensation to retain his or her department issued weapon. (b) The board is authorized to promulgate rules and regulations for the implementation of this Code section."
SECTION 2. Said title is further amended by revising Code Section 42-9-9, relating to board employees and the retention of badges, as follows:

1946

JOURNAL OF THE HOUSE

"42-9-9. (a) The board may appoint such clerical, stenographic, supervisory, and expert assistants and may establish such qualifications for its employees as it deems necessary. In its discretion, the board may discharge such employees. (b) A certified parole officer leaving the service of the board under honorable conditions who has accumulated 20 or more years of service with the board as a certified parole officer shall be entitled as part of such employee's compensation to retain his or her board issued badge. A certified parole officer employed with the board who is killed in the line of duty shall be entitled to have his or her board issued badge given to a surviving family member. Where a certified parole officer leaves the service of the board due to a disability that arose in the line of duty and such disability prevents the parole officer from further serving as a peace officer, then such disabled parole officer shall be entitled to retain his or her board issued badge regardless of the officer's number of years of service with the board. The board is authorized to promulgate rules and regulations for the implementation of this subsection. (c) An employee leaving the service of the board under honorable conditions who has accumulated 20 or more years of service with the board as a certified officer shall be entitled as part of such employee's compensation to retain his or her board issued weapon. (d) The board is authorized to promulgate rules and regulations for the implementation of this Code section."

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

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

TUESDAY, MARCH 5, 2013

1947

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 177, nays 0.

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

HR 502. By Representatives Tanner of the 9th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others:

A RESOLUTION creating the Joint Study Committee on Mental Health and School Violence; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Creating the Joint Study Committee on Mental Health Access; and for other purposes.

WHEREAS, during recent months, the citizens of this state have been saddened by tragedies that have taken the lives of many innocent people; and

WHEREAS, many of these acts of violence have occurred in schools and communities and caused increased concern for the safety of our children; and

WHEREAS, many of these tragedies were committed by individuals who may have had mental illnesses; and

1948

JOURNAL OF THE HOUSE

WHEREAS, a variety of factors contribute to many people with mental illnesses not receiving adequate treatment, including stigma, limited public resources and workforce challenges, and limited awareness of available services; and
WHEREAS, the state mental health system was historically based around institutions and is transitioning to a community based model that must maintain adequate funding and other resources to ensure easy access for individuals in need; and
WHEREAS, a significant number of the individuals incarcerated in our jails and prisons have untreated mental illnesses which are exacerbated by their abuse of drugs, the effect of prescription drugs, their failure to take prescribed medication, or a combination of such factors; and
WHEREAS, the courts have undertaken efforts to deal with this situation through the HELP courts, but this is a new and developing area in this state; and
WHEREAS, efforts need to be undertaken to ensure the safety of our schools and communities but not at the cost of the loss of the liberties guaranteed by the Constitution of the United States; and
WHEREAS, a study of the efforts in treating mentally ill individuals in this state needs to be undertaken with a focus on examining community infrastructure, crisis services, provision of services across the life span from youth to older adults, geographic gaps and diversity, workforce needs, provider network development and accountability, funding and the need to keep dollars within the system as we transition away from hospital based delivery models of treatment, and support services.
NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY that there is created the Joint Study Committee on Mental Health Access to be composed of nine members, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one of whom shall be from the minority party; three members of the Senate to be appointed by the Lieutenant Governor, one of whom shall be appointed from the minority party; and three members to be appointed by the Governor. The Speaker of the House of Representatives shall designate one of the appointees from the House of Representatives as a cochairperson, and the Lieutenant Governor shall designate one of the appointees from the Senate as a cochairperson. The committee shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its

TUESDAY, MARCH 5, 2013

1949

powers, perform its duties, and accomplish the objectives and purposes of this resolution. All agencies of the state are directed to provide the committee with such assistance as the committee shall require to perform its assigned duties. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2013. The committee shall stand abolished on December 31, 2013.

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 Abrams Alexander
Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold
Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 175, nays 0.

1950

JOURNAL OF THE HOUSE

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

HR 389. By Representatives Atwood of the 179th, Smith of the 134th, Parrish of the 158th, Channell of the 120th, Harden of the 148th and others:

A RESOLUTION requesting the repeal of the $100 billion federal sales tax on health insurance imposed by the Affordable Care Act; and for other purposes.

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

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

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly
Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley N Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J N Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

TUESDAY, MARCH 5, 2013

1951

On the adoption of the Resolution, the ayes were 115, nays 62.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 193. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time 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 a limited period of time with respect to the use of food donated for disaster relief purposes; to provide for an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising subparagraph (A) of paragraph (7.05), paragraph (7.3), subparagraph (A) of paragraph (57.1), subparagraph (A) of paragraph

1952

JOURNAL OF THE HOUSE

(57.2), and subparagraph (A) of paragraph (57.3), by deleting "or" at the end of paragraph (94), by deleting the period and adding "; or" at the end of paragraph (95), and by adding a new paragraph (96) to read as follows:
"(7.05)(A) For the period commencing on July 1, 2008 2013, and ending on June 30, 2010 June 30, 2015, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner." "(7.3) For the period commencing July 1, 2008 2013, and ending June 30, 2010 June 30, 2015, 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 2013, 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 2013, and ending on June 30, 2011 2015, the use of prepared food which is donated to a qualified nonprofit agency and which are is used for hunger relief purposes." "(57.3)(A) For the period commencing July 1, 2007 2013, and ending on June 30, 2011 2015, the use of prepared food which is donated following a natural disaster and which are is used for disaster relief purposes." "(96)(A) Sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For the purposes of this paragraph, 'qualified job training organization' means an organization which:
(i) Is located in this state; (ii) Is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' means any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of

TUESDAY, MARCH 5, 2013

1953

1965'; and by or pursuant to Article 2, Article 2A, Part 1 or Part 2 of Article 3, Article 4, or Article 5 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."

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.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A

1954

JOURNAL OF THE HOUSE

Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

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

On the passage of the Bill, by substitute, the ayes were 177, nays 0.

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

House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334

March 5, 2013

Attention Mr. Clerk,

Please mark me with a YES vote for HB 193 (Stephens). Occasionally my voting machine will stick and not register my vote. I currently have a perfect voting record and did not want to miss any votes in representing the citizens of District 60.

Thank you,

/s/ Keisha Waites State Rep. Waites District 60

HR 46.

By Representatives Holt of the 112th, Welch of the 110th, Dickerson of the 113th and Rutledge of the 109th:

A RESOLUTION honoring the life of Mr. Pierce Lovett Cline 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; and for other purposes.

TUESDAY, MARCH 5, 2013

1955

PART I WHEREAS, the State of Georgia lost a visionary, a gentleman, and a generous and kind man with the passing of Mr. Pierce Lovett Cline on November 3, 2012; and
WHEREAS, a community leader, Mr. Cline played a large role in establishing a campus of Georgia Perimeter College in Newton County; and
WHEREAS, through his real estate development company, Cline Land Company, Mr. Cline was responsible for developing several high quality neighborhoods; and
WHEREAS, Mr. Cline was an avid supporter of Project Adventure, an education program for troubled teens, and his work has changed the lives of countless children in Newton County and throughout Georgia; and
WHEREAS, a graduate of Oxford College, Mr. Cline's legacy was recognized with the school's lifetime achievement award, the R. Carl Chandler Award; and
WHEREAS, he was united in love and marriage to his supportive wife, Margie, for 54 wonderful years and was blessed with three remarkable children, Carol, Charles, and Paul, six grandchildren, and one great-grandchild; and
WHEREAS, Mr. Cline'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, Melvin Ernest Thompson was born on May 1, 1903, in Millen, Georgia, the beloved son of Eva Inez Edenfield Thompson and Henry J. Thompson; and
WHEREAS, Governor Thompson earned a bachelor's degree from Emory University and a master's degree from the University of Georgia; and
WHEREAS, he began his career in the field of education as a principal and coach at Emanuel County Institute, served as superintendent for the Hawkinsville Public School System, worked as a state school supervisor and an assistant state superintendent of schools, and served as secretary of the Executive Department under Governor Ellis Arnall; and

1956

JOURNAL OF THE HOUSE

WHEREAS, after a two-year term as the state revenue commissioner, Governor Thompson was elected to this state's highest office in 1947; and
WHEREAS, during Governor Thompson's tenure as governor, the University of Georgia's veterinary medical school and the Georgia Institute of Technology's engineering building were constructed, educators received salary increases, and the state purchased Jekyll Island, which was turned into a successful, year-round public resort; and
WHEREAS, Governor Thompson was instrumental in the success of the City of Valdosta and Lowndes County, where his leadership as a founding member of the ValdostaLowndes County Industrial Authority spearheaded much of the urban development and planning for Valdosta and the surrounding areas, including the Azalea City Industrial Park; and
WHEREAS, a community leader and advocate, Governor Thompson served as chairman of the Education Committee for the Trade School Development Committee, president of the Valdosta Rotary Club, and a member of Kappa Phi Kappa, Kappa Delta Phi, WOW, Civitan, and Shriners; and
WHEREAS, Governor Thompson was united in love and marriage to his wife, Ann Newton Thompson, and he was blessed with a remarkable son, Melvin Ernest Thompson, Jr., and five grandchildren; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory.
PART III WHEREAS, South Georgia is one of the few areas remaining in the United States where there are miles of rural landscape, historic small towns, and abundant agricultural operations; and
WHEREAS, the promotion of agri-tourism represents a readily available and effective tool with which to spur economic development; and
WHEREAS, the portions of highways to be included in Georgia Grown Trail: 37 wind through miles of centennial and family owned farms; pristine hunting plantations and unique lodging; u-pick farms, farm stands, and hands-on educational farm experiences; farm to table restaurants and establishments dedicated to preserving and sharing local recipes and traditions; and time-honored and progressive crops and farming techniques; and

TUESDAY, MARCH 5, 2013

1957

WHEREAS, dedication of this route as a scenic highway will promote economic wellbeing through agri-tourism.
PART IV WHEREAS, William Everett Bennett was born and raised in Forsyth County and graduated from Cumming High School; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army as an instructor in the Officers School at Fort Knox, Kentucky; and
WHEREAS, Mr. Bennett served as chairman of the board for LEADER, a local teen safe driving education organization, as well as the Court Appointed Special Advocates of Forsyth County, and he was a program advocate for the Forsyth County Certified Literacy Community; and
WHEREAS, Mr. Bennett served on the Georgia Baptist Healthcare System Board of Directors, where he was instrumental in the purchase of the old Lakeside Hospital and its conversion to Baptist North Hospital; on the board of visitors for Georgia Baptist College of Nursing at Mercer University; and on the Hawaii Baptist Academy Board of Directors; and
WHEREAS, Mr. Bennett continued in generous service to the community by providing a complimentary meeting space located on the campus of Baptist Medical Center, now known as Northside Hospital-Forsyth, and the Everett and Teresa Bennett Education Center is host to countless assemblies that benefit the community in ways beyond measure; and
WHEREAS, Mr. Bennett championed and advocated for the ongoing expansion of the health care architecture in Forsyth County through his service on the Northside Hospital Foundation Board, and his legacy as a staunch supporter for bringing quality health care services to Forsyth County will benefit the citizens of that region for generations; and
WHEREAS, he was a member of the Rotary Club of Johns Creek and received numerous honors, including the Lee Arrendale Award and being named a multiple Paul Harris Fellow, a Will Watt Fellow, and a Hue Thomas Fellow; and
WHEREAS, a man of deep and abiding faith, Mr. Bennett was an active member of Johns Creek Baptist Church where he served as a deacon emeritus; 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

1958

JOURNAL OF THE HOUSE

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. Bennett 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; and
WHEREAS, it is fitting and proper to dedicate the intersection of Georgia Route 400 and State Route 141 in Forsyth County as the William Everett Bennett Memorial Interchange as an appropriate tribute to this outstanding Georgian.
PART V WHEREAS, Mr. William E. "Billy" Hubbard 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, Mr. Hubbard dedicated 36 years to Norfolk Southern Railway Company in Gordon, Georgia, and rose to the rank of Track Supervisor and Track Inspector; and
WHEREAS, in the early 1960's, Mr. Hubbard helped supervise the installation of long heavy welded track for coal movement between Birmingham, Alabama, and Georgia Power's Lake Sinclair Power Plant; and
WHEREAS, he has been instrumental in assisting negotiations between the railroad and the City of Gordon on several projects and assisted the city in obtaining a copy of an original photograph of the first president of the Central Georgia Railroad and the city's namesake, William Washington Gordon, which was used in painting two portraits that hang in city buildings; and
WHEREAS, an active community leader, Mr. Hubbard served two terms with the Ivey City Council, is a 32 degree Mason with Gordon Mason Lodge # 240, and is a member of Gordon United Methodist Church and life member of American Railway Engineering; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of two bridges in his honor.
PART VI WHEREAS, the State of Georgia lost one of its finest citizens and with the passing of Mr. K.S. "Bubba" Nobles, Jr.; and

TUESDAY, MARCH 5, 2013

1959

WHEREAS, a native of Twiggs County, Georgia, Mr. Nobles was a lifelong farmer and known around town as an unofficial veterinarian, often called upon by neighbors to help birth livestock or assist sick or injured animals; and
WHEREAS, Mr. Nobles also served as a county school bus driver for many years and ran a barbershop at night and on weekends, which was known as a great gathering place for 30 years; and
WHEREAS, he was united in love and marriage to Lois T. Nobles for 60 wonderful years and was the beloved father of nine remarkable children; and
WHEREAS, a leader of his community, Mr. Nobles worked on campaigns of many local candidates, served on the Georgia Eighth Congressional District Advisory Council, was on the Board of Trustees at Twiggs Academy, and served as president of the Democratic Party of Twiggs County for a number of years; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of a bridge in his honor.
PART VII WHEREAS, Mr. Jones Daniel Brooks, Mr. James Joe Brooks, and Mr. Freeman Charles Brooks have long been recognized by the citizens of this state for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, the Brooks brothers were born to James Joe Brooks, Sr., and Lessie Jones Brooks in Gordon, Georgia, where they have continued to live their entire lives; and
WHEREAS, the Brooks brothers dedicated a total of 111 years to the Central of Georgia, the Southern, and the Norfolk Southern Railway companies, each rising to the position of engineer; and
WHEREAS, Mr. James Joe Brooks, Jr., known as J.J. Brooks, was the first Brooks brother to enter the railroad business, working from 1937 to 1981; and
WHEREAS, J.J. Brooks served as sergeant and engineer with the Railroad Battalion in India during World War II and was the last engineer for the famous passenger train the Nancy Hanks, which traveled from Savannah to Atlanta and back on a daily basis; and
WHEREAS, Mr. Jones Daniel Brooks, known as J.D. Brooks, worked from 1940 to 1974, starting with his first job shoveling coal on a steam locomotive and serving as an engineer with the Railroad Battalion in France during World War II, for which he received several honors; and

1960

JOURNAL OF THE HOUSE

WHEREAS, Mr. Freeman Charles Brooks, known as F.C. Brooks, worked from 1950 to 1983, and saved a man's life in Griswoldville, Georgia, after applying the emergency brake and crawling onto the front step of the moving train to wave the man to safety; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be recognized with the naming of two bridges in their honor.
PART VIII WHEREAS, Colonel Benjamin H. and Anne Grant Purcell are natives of Northeast Georgia and attended North Georgia College; and
WHEREAS, Colonel Purcell served as a guardian of this nation's freedom and liberty with the United States Army for over 30 years and has been recognized with numerous decorations for his service and heroism, including the Silver Star with Oak leaf Cluster, the Legion of Merit with Oak Leaf Cluster, the Bronze Star with Oak Leaf Cluster, and the Purple Heart; and
WHEREAS, after his helicopter was shot down during a combat tour in Vietnam, Colonel Purcell was captured by the Viet Cong and spent 62 months as a prisoner of war, making him the highest ranking Army P.O.W. held in Vietnam; and
WHEREAS, during Colonel Purcell's captivity, Mrs. Purcell worked tirelessly to raise awareness of the plight of American missing and captive soldiers and became a founding member of the National League of Families of Prisoners of War and Men Missing in Southeast Asia; and
WHEREAS, in recognition of her unwavering service to missing and captive service personnel, all while raising the couple's five children, Mrs. Purcell was honored as Fort Benning's Military Wife of the Year in 1971; and
WHEREAS, upon his return to Georgia and the conclusion of his military career, Colonel Purcell continued to serve his community and this state as a Representative for the Georgia General Assembly, a member of the Georgia State Veterans Services Board, a member of the board of directors for the Habersham County Chamber of Commerce, and a deacon for Bethlehem Baptist Church in Clarkseville; and
WHEREAS, this amazing and inspiring couple coauthored a book, Love and Duty, which recounts their experiences during the Vietnam War, and they have appeared on numerous radio and television talk shows to share their story of love, faith, and courage; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized.

TUESDAY, MARCH 5, 2013

1961

PART IX WHEREAS, the State of Georgia lost one of its most promising young citizens with the tragic passing of Leanna Nicole Craft on November 23, 1997; and
WHEREAS, Leanna was born on September 23, 1981, in Thomaston, Georgia, and was the beloved daughter of William and Alida Craft and cherished sister of Melissa Beth Craft; and
WHEREAS, a leader at Upson-Lee High School, Leanna served as a student council representative and was a member of the National Honor Society, the Beta Club, the YClub, and the Fellowship of Christian Athletes; and
WHEREAS, Leanna was a dedicated and talented athlete, earning letters as a member of both the softball team and tennis team, and lighting up the dance floor as a member of the U-L Knights Dance Line; and
WHEREAS, Leanna cared about her church and community, being selected for the 1998 class of Youth Leadership Upson, serving as a Little Sister for the Junior Miss Pageant, and participating in local summer mission trips; and
WHEREAS, a generous and passionate young woman, Leanna will long be remembered for her love of family and friendship, and this loyal daughter, sister, and friend is deserving of an intersection named in her honor.
PART X WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, Major W. David Gray was raised in Walton County, Georgia, and was a 1992 graduate of Loganville High School; and
WHEREAS, Major Gray served as a guardian of this nation's freedom and liberty with the United States Air Force and was a member of the 13th Air Support Operations Squadron; and
WHEREAS, he was stationed in Afghanistan supporting Operation Enduring Freedom when he was killed by a suicide bomb in the Kunar province; and
WHEREAS, Major Gray demonstrated a deep personal commitment to protecting democracy and gave the ultimate sacrifice to ensure the well-being of his fellow man; and

1962

JOURNAL OF THE HOUSE

WHEREAS, it is important that fallen soldiers 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, Major Gray embodied the spirit of service and found meaning in something greater than himself, and it is abundantly fitting and proper that the sacrifice of this remarkable and distinguished American be honored appropriately.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 11 over Interstate 20 in Newton County is dedicated as the Pierce Lovett Cline Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 in Lowndes County from the West Hill Avenue exit to the North Valdosta Road exit is dedicated as the Governor Melvin Ernest Thompson Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 37 from Homerville to the Alabama state line and the portion of State Route 76 from Nashville in Berrien County to the Florida state line in Brooks County are dedicated as the Georgia Grown Trail: 37.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Georgia Route 400 and State Route 141 in Forsyth County is dedicated as the William Everett Bennett Memorial Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the eastbound and westbound bridges on the Fall Line Freeway at NeSmith Road between the City of Ivey and U.S. 441 in Wilkinson County are dedicated as the William E. "Billy" Hubbard Bridges.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Ga. 358 over Interstate 16 in Twiggs County is dedicated as the K.S. "Bubba" Nobles, Jr., Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the eastbound and westbound bridges on the Fall Line Freeway over the railroad, located between Highway 18 and Highway 57 in Wilkinson County, are dedicated as the Brooks Brothers' Bridges.
BE IT FURTHER RESOLVED AND ENACTED that State Route 197 in Habersham County from mile marker 5 to milepost 16.84 is dedicated as the Colonel Benjamin H. and Anne Purcell Highway.

TUESDAY, MARCH 5, 2013

1963

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 42 and Highway 74 in Monroe County is dedicated as the Leanna Nicole Craft Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia Highway 20 in Walton County from its intersection with Highway 78 in Loganville to the Rockdale County line is dedicated as the Major W. David Gray Memorial Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation; to Mr. William E. "Billy" Hubbard; to Mr. Jones Daniel Brooks, Mr. James Joe Brooks, and Mr. Freeman Charles Brooks; to Colonel Benjamin H. and Anne Grant Purcell; and to the families of Mr. Pierce Lovett Cline, Governor Melvin Ernest Thompson, Mr. William Everett Bennett, Mr. K.S. "Bubba" Nobles, Jr., Leanna Nicole Craft, and Major W. David Gray.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton
Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT

1964

JOURNAL OF THE HOUSE

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 176, nays 0.

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

HR 411. By Representatives Hightower of the 68th and Cooke of the 18th:

A RESOLUTION honoring the life of Trooper Lieutenant Joseph "Joey" Keith Boatright 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; and for other purposes.

PART I WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Lieutenant Joseph "Joey" Keith Boatright; and

WHEREAS, a graduate of Villa Rica High School, Trooper Lieutenant Boatright worked as a radio operator for the Georgia Bureau of Investigation and the Georgia State Patrol before he was promoted to Corporal, Sergeant, and Post Commander of Post 4 in Villa Rica; and

WHEREAS, this dedicated law enforcement officer was an avid hunter and outdoors man and was a community leader as a member of Villa Rica Lodge #72 and the Cattlemen's Association; and

TUESDAY, MARCH 5, 2013

1965

WHEREAS, Trooper Lieutenant Boatright exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART II WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Frederick Herman Looney on May 25, 1962; and
WHEREAS, a native of Cartersville, Georgia, Trooper Looney attended the 22nd Trooper School and was assigned to service in Canton; and
WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he received in a patrol car crash on State Route 306 near Cumming; and
WHEREAS, Trooper Looney exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART III WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Sergeant Charles Eugene Gray on August 16, 1961; and
WHEREAS, a native of Donalsonville, Georgia, Trooper Gray attended the 6th Trooper School and was assigned to service at Post 14 in Donalsonville; and
WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he received in a vehicle crash en route from training in Americus to Donalsonville; and
WHEREAS, Trooper Gray exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART IV WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Harvey Lewis Nicholson on August 18, 1961; and
WHEREAS, a native of Decatur, Georgia, Trooper Nicholson attended the 12th Trooper School and was assigned to service at Post 14 in Donalsonville; and
WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he received in a vehicle crash en route from training in Americus to Donalsonville; and

1966

JOURNAL OF THE HOUSE

WHEREAS, Trooper Nicholson exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART V WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Roy Cecil Massey on August 16, 1961; and
WHEREAS, a native of Thomasville, Georgia, Trooper Massey attended the 11th Trooper School and was assigned to service at Post 14 in Donalsonville; and
WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he received in a vehicle crash en route from training in Americus to Donalsonville; and
WHEREAS, Trooper Massey exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART VI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Special Agent Welton Harrell on December 23, 1964; and
WHEREAS, a native of Camilla, Georgia, Special Agent Harrell attended the 14th Trooper School and was assigned to service in Americus; and
WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he received while en route to a reported shooting in Terrell County; and
WHEREAS, Special Agent Harrell exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART VII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Special Agent Garland E. Fields on March 3, 1948; and
WHEREAS, a native of Swainsboro, Georgia, Special Agent Fields was only on the job for less than a month when he lost his life in a gun battle while investigating suspicious individuals at the Lighthouse Restaurant in Swainsboro; and
WHEREAS, Special Agent Fields was the first Georgia Bureau of Investigation agent killed in the line of duty; and

TUESDAY, MARCH 5, 2013

1967

WHEREAS, Special Agent Fields exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART VIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Sergeant William Fredrick Black, Jr., on December 20, 1940; and
WHEREAS, a native of Macon, Georgia, Trooper Sergeant Black was assigned to District 2 in Cartersville 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, Trooper Sergeant Black was the first Georgia State Trooper to lose his life during a vehicle stop after he was killed during a traffic stop on State Route 41 near Ringgold; and
WHEREAS, in recognition of the ultimate sacrifice made for the call of duty, Trooper Black was posthumously promoted from the rank of corporal to the rank of sergeant by then Commissioner of the Georgia Department of Public Safety Lon Sullivan; and
WHEREAS, Trooper Sergeant Black exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART IX WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper John Frank Bass on February 15, 1950; and
WHEREAS, a native of Hogansville, Georgia, Trooper Bass attended the 12th Trooper School and was assigned to service in Cordele; and
WHEREAS, his life was taken in the line of duty when he was struck and killed by a hit and run driver; and
WHEREAS, Trooper Bass exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART X WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Clyde Arthur Wehunt on April 20, 1951; and

1968

JOURNAL OF THE HOUSE

WHEREAS, a native of Canton, Georgia, Trooper Wehunt attended the 12th Trooper School and was assigned to service at Post 27 in Blue Ridge; and
WHEREAS, this dedicated law enforcement officer's life was cut short after a patrol car crash on Ga. 5 in Fannin County; and
WHEREAS, Trooper Wehunt exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART XI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Sergeant Major George W. Harrelson on August 15, 1952; and
WHEREAS, a native of Helena, Georgia, Trooper Harrelson attended the 6th Trooper School and was assigned to service as Security Aide to Governor Herman Talmadge; and
WHEREAS, this dedicated law enforcement officer's life was cut short after a car crash in the City of Atlanta; and
WHEREAS, Trooper Harrelson exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties.
PART XII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Ga. 61 over Interstate 20 in Carroll County is dedicated as the Trooper Lieutenant Joseph "Joey" Keith Boatright Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 20 in Bartow County from the Cherokee County line to Interstate 75 is dedicated as the Trooper Frederick Herman Looney Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 91 in Seminole County from the city limits of Donalsonville, Georgia, to the Florida state line is dedicated as the Trooper Sergeant Charles Eugene Gray Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Ga. 45 and Ga. 234 in Calhoun County is dedicated as the Trooper Harvey Lewis Nicholson Memorial Intersection.

TUESDAY, MARCH 5, 2013

1969

BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 122 in Thomas County from the intersection of Ga. 33 South to the city limits of Patten, Georgia, is dedicated as the Trooper Roy Cecil Massey Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 262 in Mitchell County from the city limits of Vada, Georgia, east to the intersection of Ga. 112 is dedicated as the Special Agent Welton Harrell Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 56 in Emanuel County from U.S. 80 to the Burke County line is dedicated as the Special Agent Garland E. Fields Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 16 and Ga. 87 in Bibb County is dedicated as the Trooper Sergeant William Fredrick Black, Jr., Memorial Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Ga. 100 and Ga. 54 over Interstate 85 in Troup County is dedicated as the Trooper John Frank Bass Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 60 Spur in Fannin County from Mineral Bluff to the North Carolina state line is dedicated as the Trooper Clyde Arthur Wehunt Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 30 in Telfair County from the intersection of U.S. 441 south of McRae, Georgia, to the city limits of Milan, Georgia, is dedicated as the Trooper Sergeant Major George W. Harrelson Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the families of Trooper Lieutenant Joseph "Joey" Keith Boatright; Trooper Frederick Herman Looney; Trooper Sergeant Charles Eugene Gray; Trooper Harvey Lewis Nicholson; Trooper Roy Cecil Massey; Special Agent Welton Harrell; Special Agent Garland E. Fields; Trooper Sergeant William Fredrick Black, Jr.; Trooper John Frank Bass; Trooper Clyde Arthur Wehunt; and Trooper Sergeant Major George W. Harrelson.

1970

JOURNAL OF THE HOUSE

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
VACANT Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 178, nays 0.

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

The Speaker announced the House in recess until 4:00 o'clock, this afternoon.

The Speaker Pro Tem called the House to order.

TUESDAY, MARCH 5, 2013

1971

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 382 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 51st
Chairman
The following Resolution of the House was read and referred to the Committee on Rules:
HR 636. By Representatives Abrams of the 89th, Pak of the 108th, Henson of the 86th, Bell of the 58th, Carter of the 175th and others:
A RESOLUTION recognizing the month of April, 2013, as Genocide Prevention and Awareness Month at the capitol and inviting the Georgia Coalition to Prevent Genocide to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 637. By Representatives Dickey of the 140th, Holmes of the 129th and Peake of the 141st:
A RESOLUTION recognizing and commending Aretha Watts Neal on the occasion of her retirement from the Hospital Authority of Monroe County; and for other purposes.
HR 638. By Representatives Dickey of the 140th, Peake of the 141st, Epps of the 144th, Randall of the 142nd and Beverly of the 143rd:
A RESOLUTION commending Shruti Gupta, Stratford Academy and Bibb County's 2013 STAR Student; and for other purposes.
HR 639. By Representatives Dickey of the 140th, Peake of the 141st, Randall of the 142nd, Beverly of the 143rd and Epps of the 144th:

1972

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Michael Kelley, Stratford Academy and Bibb County's 2013 STAR Teacher; and for other purposes.

HR 640. By Representatives Hugley of the 136th, Abrams of the 89th, Williams of the 168th, Smyre of the 135th and Randall of the 142nd:

A RESOLUTION commending The Links, Incorporated, and recognizing March 26, 2013, as Links Day at the state capitol; and for other purposes.

HR 641. By Representatives Scott of the 76th, Stovall of the 74th, Douglas of the 78th, Jordan of the 77th and Waites of the 60th:

A RESOLUTION commending Mrs. Devlyn White; and for other purposes.

HR 642. By Representatives Stephenson of the 90th, Jones of the 62nd, Mosby of the 83rd and Dawkins-Haigler of the 91st:

A RESOLUTION recognizing and commending Glenda Baskin Glover for her outstanding accomplishments; and for other purposes.

HR 643. By Representatives Hitchens of the 161st, Watson of the 166th, Stephens of the 164th, Yates of the 73rd, Atwood of the 179th and others:

A RESOLUTION honoring Mr. Jim Chavers; and for other purposes.

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

HB 400. By Representative Sims of the 169th:

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 repeal 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 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 Abrams Y Alexander Y Allison

Y Coomer Y Cooper Y Dawkins-Haigler

Y Hamilton Y Harbin Y Harden

Y McCall Y Meadows Y Mitchell

Y Sims, C Y Smith, E Y Smith, L

TUESDAY, MARCH 5, 2013

1973

Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo

Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 171, nays 2.

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

HB 188. By Representatives Coomer of the 14th, Jones of the 47th, England of the 116th, Holcomb of the 81st, Yates of the 73rd and others:

A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that certain military certifications shall entitle persons to obtain certain professional licenses in this state; to provide that the spouse of a member of the military living in this state because of the military spouse's assignment shall be entitled to obtain certain professional licenses based upon his or her licensing in another state; to provide for powers and duties of the director of the professional licensing boards division of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes.

1974

JOURNAL OF THE HOUSE

By unanimous consent, further consideration of HB 188 was suspended until later in the legislative day.
The Speaker assumed the Chair.
Pursuant to HR 553, the House commended Chipper Jones, recognized March 5, 2013, as Chipper Jones Day at the capitol, and invited him to appear before the House of Representatives.
The Speaker Pro Tem assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the House, having previously been read, was again taken up for consideration:
HB 188. By Representatives Coomer of the 14th, Jones of the 47th, England of the 116th, Holcomb of the 81st, Yates of the 73rd and others:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that certain military certifications shall entitle persons to obtain certain professional licenses in this state; to provide that the spouse of a member of the military living in this state because of the military spouse's assignment shall be entitled to obtain certain professional licenses based upon his or her licensing in another state; to provide for powers and duties of the director of the professional licensing boards division of the Secretary of State; 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 provide that certain military certifications shall entitle persons to obtain certain professional licenses in this state; to provide that the spouse of a member of the military living in this state because of the military spouse's assignment shall be entitled to obtain certain professional licenses based upon his or her licensing in another state; to provide for powers and duties of the director of the professional licensing boards division of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, MARCH 5, 2013

1975

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Chapter 14, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, by adding two new Code sections to read as follows:
"43-14-15. (a) As used in this Code section, the term:
(1) 'Discharge' means an honorable discharge or a general discharge from active military service. Such term shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge. (2) 'Military' means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard. (b) A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the relevant divisions of the licensing board representing the profession for which the applicant is seeking a license shall determine the military specialties or certifications the training or experience for which substantially meet or exceed the requirements to obtain a license for Electrical Contractor Class I, Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The Governor shall designate a chairperson from among the members of the committee. (c) Any current or former member of the military may apply to the licensing board for the immediate issuance of a license or certification based upon his or her having obtained a military specialty or certification the training or experience for which substantially meet or exceed the requirements to obtain a license or certification identified in subsection (b) of this Code section. In order to qualify under this subsection, an applicant shall make application not later than 180 days after his or her discharge. Such application shall be in such form and shall require such documentation as the division director shall determine. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the appropriate license, and the division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees.
43-14-16. (a) As used in this Code section, the term 'military' means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard. (b) The spouse of any member of the military who resides in this state due to the assignment of the military spouse and who holds a license or certification from another state the training, experience, and testing for which substantially meet or exceed the Georgia requirements to obtain a license or certification as an Electrical Contractor

1976

JOURNAL OF THE HOUSE

Class I, Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman shall be entitled to apply to the licensing board for the immediate issuance of such a license or certification. In order to qualify under this subsection, an applicant shall make application not later than 180 days after his or her relocation to the State of Georgia. Such application shall be in such form and shall require such documentation as the division director shall determine. A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the relevant divisions of the licensing board representing the profession for which the applicant is seeking a license, with a chairperson appointed by the Governor from among the membership of the committee, shall determine whether the training, experience, and testing for obtaining a license in the relevant foreign state substantially meet or exceed the requirements to obtain the professional licenses provided in this state. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the appropriate license, and the division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees."
SECTION 2. Said title is further amended in Chapter 41, relating to residential and general contractors, by adding two new Code sections to read as follows:
"43-41-18. (a) As used in this Code section, the term:
(1) 'Discharge' means an honorable discharge or a general discharge from active military service. Such term shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge. (2) 'Military' means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard. (b) A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the licensing board representing the profession of residential-light commercial contracting shall determine the military specialties or certifications the training, experience, and testing for which substantially meet or exceed the requirements to obtain a residential-light commercial contractor's license. The Governor shall designate a chairperson from among the membership of the committee. (c) Any current or former member of the military may apply to the licensing board for the immediate issuance of a license or certification based upon his or her having obtained a military specialty or certification the training or experience for which substantially meet or exceed the requirements to obtain a residential-light commercial contractor's license. In order to qualify under this subsection, an applicant shall make application not later than 180 days after his or her discharge. Such application shall be

TUESDAY, MARCH 5, 2013

1977

in such form and shall require such documentation as the division director shall determine. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the license, and such division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees.
43-41-19. (a) As used in this Code section, the term 'military' means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard. (b) The spouse of any member of the military who resides in this state due to the assignment of the military spouse and who holds a license or certification from another state the training, experience, and testing for which substantially meet or exceed the Georgia requirements to obtain a license or certification as a residential-light commercial contractor shall be entitled to apply to the licensing board for the immediate issuance of such a license. In order to qualify under this subsection, an applicant shall make application not later than 180 days after his or her relocation to the State of Georgia. Such application shall be in such form and shall require such documentation as the division director shall determine. A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the relevant divisions of the licensing board representing the profession for which the applicant is seeking a license, with a chairperson appointed by the Governor from among the membership of the committee, shall determine whether the training, experience, and testing for obtaining a license in the relevant foreign state substantially meet or exceed the requirements to obtain the professional licenses provided in this state. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the license, and such division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Setzler of the 35th et al. offer the following amendment:

1978

JOURNAL OF THE HOUSE

Amend the House Committee on Defense and Veterans Affairs substitute to HB 188 (LC 21 2150S) by inserting after "state;" on line 3 the following: to provide for the evaluation and examination of applicants;

By inserting after "Workforce Development," on lines 23 and 80 the following: a member appointed by the commissioner of the Technical College System of Georgia,

By inserting at the end of line 35 the following: The Technical College System of Georgia shall design a diagnostic examination, a course of study and training based upon each applicant's level of competence, and a final qualifying examination which must be successfully completed by each applicant prior to licensure.

By inserting after "determine." on line 91 the following: The Technical College System of Georgia shall design a diagnostic examination, a course of study and training based upon each applicant's level of competence, and a final qualifying examination which must be successfully completed by each applicant prior to licensure.

Pursuant to Rule 133, Representative Pruett of the 149th was excused from voting on the amendment to and the passage of HB 188.

Pursuant to Rule 133, Representative Barr of the 103rd was excused from voting on the amendment to and the passage of HB 188.

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

Y Abrams Y Alexander N Allison N Anderson N Atwood N Ballinger
Barr N Battles
Beasley-Teague Y Bell E Bennett N Bentley Y Benton N Beverly N Black Y Braddock N Broadrick N Brockway Y Brooks

N Coomer N Cooper N Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson Y Dollar N Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton N Ehrhart N England N Epps, C

N Hamilton N Harbin N Harden Y Harrell N Hatchett N Hawkins N Henson Y Hightower Y Hill N Hitchens N Holcomb N Holmes N Holt N Houston N Howard Y Hugley Y Jackson N Jacobs N Jasperse

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

Y Sims, C N Smith, E N Smith, L N Smith, M N Smith, R Y Smyre N Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall N Strickland N Talton N Tankersley Y Tanner N Taylor, D Y Taylor, T E Teasley Y Thomas, A.M.

TUESDAY, MARCH 5, 2013

1979

Y Bruce N Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M Y Carson N Carter Y Casas N Chandler N Channell E Chapman Y Cheokas Y Clark, J N Clark, V N Coleman Y Cooke

Y Epps, J N Evans Y Fleming N Floyd Y Fludd Y Frazier Y Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton N Golick Y Gordon Y Gravley N Greene Y Gregory

Jones, J N Jones, L
Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

Pruett N Quick N Ramsey N Randall Y Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge Y Rynders N Scott Y Setzler Y Sharper N Shaw N Sheldon N Sims, B

Y Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson Y Wilkinson N Willard N Williams, A Y Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

On the adoption of the amendment, the ayes were 65, nays 103.

The amendment was lost.

The Committee substitute was adopted.

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger
Barr Y Battles Y Beasley-Teague Y Bell E Bennett Y Bentley N Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J
Pruett Y Quick Y Ramsey

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT

1980

JOURNAL OF THE HOUSE

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman N Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon
Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 2.

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

The Speaker assumed the Chair.

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 123. By Representatives Lindsey of the 54th, Coleman of the 97th, Jones of the 47th, Glanton of the 75th, Casas of the 107th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Parent and Teacher Empowerment Act"; to provide for petitions to convert existing schools to charter schools or to impose turnaround models; to provide for definitions; to allow for petitions by parents or teachers; to provide for turnaround models; to provide for notice to the State Board of Education; to provide for local board approval; to provide for applicability; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Parent and Teacher Empowerment Act"; to provide for petitions to convert existing schools to charter schools

TUESDAY, MARCH 5, 2013

1981

or to impose turnaround models; to provide for definitions; to allow for petitions by parents or teachers; to provide for turnaround models; to provide for notice to the State Board of Education; to provide for local board approval; to provide for applicability; 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. This Act shall be known and may be cited as the "Parent and Teacher Empowerment Act."
SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-2062, relating to definitions relative to charter schools, by revising paragraph (2) as follows:
"(2) 'Charter petitioner' means a local school, local board of education, private individual, private organization, or state or local public entity that submits a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools. A charter petitioner may also be a petitioning group, as defined in subparagraph (3)(A) of Code Section 20-2-2200, that submits a petition pursuant to Article 35 of this chapter to convert a local school to a charter school and such petition is confirmed by the local board in accordance with Code Section 20-22203."
SECTION 3. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 35
20-2-2200. As used in this article, the term:
(1) 'Low-achieving school' means: (A) A public school that has received an unacceptable rating on student achievement, achievement gap closure, or student progress, or any combination thereof under the accountability system established pursuant to Article 2 of Chapter 14 of this title as determined by the Department of Education; (B) A public school that is in the lowest 20 percent of all public schools in this state based on school performance as determined by the Department of Education;

1982

JOURNAL OF THE HOUSE

(C) A public elementary or middle school in which less than 65 percent of its students across all grades meet or exceed performance standards on the criterionreferenced competency tests in reading or mathematics; or (D) A public high school that has a graduation rate of less than 65 percent for the preceding school year. (2) 'Petition' means a petition submitted pursuant to this article. (3) 'Petitioning group' means either: (A) Parents or legal guardians submitting a petition pursuant to paragraph (1) of subsection (b) of Code Section 20-2-2201; or (B) Faculty and instructional staff members submitting a petition pursuant to paragraph (2) of subsection (b) of Code Section 20-2-2201.
20-2-2201. (a) Except as otherwise provided in this article, a petition may be submitted to convert any local school to a charter school or to impose one or more turnaround models on a local school which is a low-achieving school in accordance with the provisions of this article, beginning with school year 2014-2015. (b) A petition may be submitted by:
(1) A majority of the parents or legal guardians of students enrolled in the school or, for a high school cluster, a majority of the parents or legal guardians of students enrolled in one of the schools within the high school cluster, as evidenced by the signatures of more than 50 percent of such parents or legal guardians or by the vote of more than 50 percent of such parents or legal guardians at a public meeting called with two weeks' advance notice. For purposes of this paragraph, only one parent or guardian per student and such student's siblings shall be entitled to indicate approval by signature or secret ballot, and parents or guardians signing the petition or casting a secret ballot shall also indicate the student or students in their household; or (2) A majority of the faculty and instructional staff members of the local school or, for a high school cluster, a majority of the faculty and instructional staff members of each school within the high school cluster, as evidenced by:
(A) The signatures of more than 50 percent of such faculty and instructional staff members; or (B) The vote of more than 50 percent of such faculty and instructional staff members taken by secret ballot at a public meeting called with two weeks' advance notice. (c) Signatures for petitions under this Code section shall be collected on a standard form or forms established by the state board. Such form or forms shall require the parent or legal guardian or faculty or instructional staff member initiating the petition to verify by sworn affidavit that: (1) All signatures are valid and correct; and (2) No for profit entity participated in the initiation of the petition or collection of signatures.

TUESDAY, MARCH 5, 2013

1983

(d) Parents, legal guardians, faculty, and instructional staff members shall be free from harassment, threats, or intimidation related to circulation or signature of a petition, discouraging such persons from signing a petition, revocation of a signature, or voting for or against on a secret ballot. (e) No parent, legal guardian, faculty, or instructional staff member shall receive compensation from proponents or opponents of a petition to sign or refrain from signing such petition or voting for or against such petition by secret ballot.
20-2-2202. (a) A petition may be submitted to a local board of education by a petitioning group pursuant to paragraph (1) of subsection (b) of Code Section 20-2-2201 to convert a local school to a charter school pursuant to Article 31 of this chapter. (b) A petition may be submitted to a local board of education by a petitioning group pursuant to paragraph (1) or (2) of subsection (b) of Code Section 20-2-2201 to impose one or more of the following turnaround models on a local school which is a lowachieving school:
(1) Remove school personnel, including the principal and personnel whose performance has continued not to produce student achievement gains; (2) Institute 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 previous three years; (3) Permit the parents to have the option to relocate their 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, if another such school exists. 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; (4) Employ a monitor, master, or management team in the school that shall be paid by the school system; (5) Prepare and implement an intensive student achievement improvement plan; or (6) Require a complete restructuring of the school's governance arrangement and internal organization of the school. A petition submitted pursuant to this subsection shall specify the turnaround model or models for which it is petitioning. Any such turnaround model or models shall be implemented in the same manner and in accordance with the same criteria as interventions imposed pursuant to paragraph (6) of subsection (a) of Code Section 2014-41.

1984

JOURNAL OF THE HOUSE

20-2-2203. (a) The local board shall notify the state board upon receipt of a petition and upon its final disposition of such petition. (b) Upon receipt of a petition, a local board shall have no more than 30 days to confirm the names on or the results of a secret ballot vote for such petition. In the event that the local board does not complete such confirmation within 30 days, such names or secret ballot vote shall be deemed confirmed for purposes of this article.
(c)(1) Upon confirmation of names on a petition submitted pursuant to subsection (a) of Code Section 20-2-2202, the local board shall give written notice within ten days to the petitioning group of such confirmation and shall subsequently accept a charter petition from the petitioning group as a charter petitioner if submitted within 90 days of such confirmation and in accordance with Article 31 of this chapter; provided, however, that notwithstanding subsection (a) of Code Section 20-2-2064, a charter petition submitted pursuant to a petition confirmed pursuant to this paragraph by a petitioning group which is composed of more than 60 percent of either parents or guardians pursuant to paragraph (1) of subsection (b) of Code Section 20-2-2201 may only be denied by a local board by a two-thirds' or greater vote. (2) Upon confirmation of names or the results of a secret ballot vote on a petition submitted pursuant to subsection (b) of Code Section 20-2-2202, the local board shall approve or deny such petition within 60 days, unless additional time is requested by the petitioning group. (d) A local board shall approve a petition submitted pursuant to subsection (b) of Code Section 20-2-2202 unless it finds that implementing the turnaround model or models is logistically impossible; would be illegal under employment or other applicable law; fails to comply with the provisions of this title; does not promote school governance; or is not in the public interest. The local board may deny such petition by majority vote unless the petitioning group is composed of more than 60 percent of either parents or guardians pursuant to paragraph (1) of subsection (b) of Code Section 20-2-2201 or faculty and instructional staff members pursuant to paragraph (2) of subsection (b) of Code Section 20-2-2201. In such case, the local board may deny a petition only by a two-thirds' or greater vote. If a local board denies a petition, such board shall, at the time of denial, specifically state the reasons for the denial and provide a written statement of the denial to the petitioning group and the state board; provided, however, that a denial of a petition shall not preclude the petitioning group from submitting a revised petition that addresses the reasons cited for the denial in the written statement. (e) The local board may take action by majority vote to implement one or more of the turnaround models described in subsection (b) of Code Section 20-2-2202 which are different from what is specified in the petition. If the local board does so, at the time of such action, it shall specifically state the reasons for implementing such model or models and provide a written statement of such reasons to the petitioning group and the state board. (f) If a petition submitted pursuant to subsection (a) of Code Section 20-2-2202 is confirmed by the local board pursuant to this Code section, the public charter

TUESDAY, MARCH 5, 2013

1985

management organization selected to operate the local charter school shall not have any schools that such organization has operated for at least five years that are in the bottom 50 percent of schools in this state in their performance on the state criterion-referenced competency tests in reading and mathematics. (g) Unless the petitioning group specifies otherwise, the local board shall implement the turnaround model or models pursuant to an approved petition no later than 180 days after the petition is received, or if the petition was received after March 1, no later than the school year beginning in the next calendar year. Any turnaround model or models shall only be implemented at the beginning of a school year. (h) The state board may mediate between the local board and the petitioning group whose petition was denied to assist in resolving the issues which led to such denial by the local board.
20-2-2204. (a) Any school that is converted to charter status or subjected to one or more turnaround models pursuant to this article shall continue to serve the attendance boundary and to serve all the students who attended the school in the school year prior to the conversion or turnaround. (b) Any parent or legal guardian who does not want his or her child to attend a school that has been converted to charter status or subjected to one or more turnaround models pursuant to this article shall have the right to enroll his or her child in another local elementary, middle, or high school within the school system, if another such school exists.
20-2-2205. If one or more turnaround models have been imposed on a school as a result of a petition submitted pursuant to this article, another petition under this article may not be submitted to the local board for such school until at least two years after the implementation of such model or models.
20-2-2206. This article shall not apply to:
(1) A local school which is currently subject to one or more interventions by the state board pursuant to Code Section 20-14-41; (2) A charter school; or (3) A local school which is slated for closure within three years by the local board of education.
20-2-2207. The state board shall promulgate rules and regulations with respect to timelines, petitions, secret ballot votes, and other applicable procedures to facilitate the implementation of this article."

1986

JOURNAL OF THE HOUSE

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Welch of the 110th moved the previous question.
The motion prevailed.
The following amendment was read and adopted:
Representative Kaiser of the 59th offers the following amendment:
Amend the House Committee on Education and Youth substitute to HB 123 (LC 33 5041S) by inserting after line 46 the following:
(4) 'Public school' means any local school of a local board of education, including a local charter school as defined in Code Section 20-2-2062.
By inserting at the end of line 114 the following: A petitioning group submitting a petition pursuant to this subsection to implement one or more turnaround models on a local charter school, as defined in Code Section 20-22062, shall ensure that the charter, as defined in Code Section 20-2-2062, for the school allows for such interventions or specifies the provisions of the charter which will have to be revised to allow for such interventions.
By inserting after "governance;" on line 139 the following: violates the provisions of a local charter school's charter;
By striking lines 183 through 189 and inserting in lieu thereof the following: 20-2-2206. This article shall not apply to: (1) A local school which is currently subject to one or more interventions by the state board pursuant to Code Section 20-14-41; or (2) A local school which is slated for closure within three years by the local board of education.
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:

TUESDAY, MARCH 5, 2013

1987

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley N Benton N Beverly N Black Y Braddock N Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner N Burns N Caldwell, J Y Caldwell, M Y Carson N Carter Y Casas Y Chandler Y Channell E Chapman N Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler N Deffenbaugh Y Dempsey N Dickerson Y Dickey N Dickson Y Dollar N Douglas E Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart N England N Epps, C Y Epps, J Y Evans Y Fleming N Floyd
Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon Y Gravley N Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower N Hill Y Hitchens N Holcomb Y Holmes Y Holt N Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S N Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell E Mayo

N McCall N Meadows N Mitchell Y Morgan N Morris N Mosby N Murphy Y Neal N Nimmer Y Nix N Oliver
O'Neal Y Pak N Parrish Y Parsons Y Peake Y Pezold N Powell, A Y Powell, J N Pruett N Quick Y Ramsey N Randall Y Rice Y Riley N Roberts Y Rogers, C Y Rogers, T N Rutledge N Rynders N Scott Y Setzler N Sharper N Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L Y Smith, M N Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall Y Strickland Y Talton N Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner
VACANT N Waites Y Watson, B N Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 97, nays 74.

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

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

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 5, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

1988

JOURNAL OF THE HOUSE

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 78 HB 238 HB 454 HB 473 HB 480

Crimes and offenses; protection of disabled adults and elder persons; change provisions (Substitute)(Judy-Willard-51st) Public School Employees Retirement System; limitation on maximum level of benefits; clarify certain provisions (Substitute)(Ret-Maxwell-17th) Budget report; require certain items to be included in tax expenditure review (B&FAO-Martin-49th) Counties and municipal corporations; add option of fiscal year contracts (SP&CA-Welch-110th) Crimes and offenses; list of persons who may be present in courtroom when person under age of 16 testifies concerning a sex offense; add victim assistance personnel (JudyNC-Ballinger-23rd)

Modified Structured Rule

HB 104 HB 240 HB 402 HB 497

Special license plates; supporting the Appalachian Trail Conservancy; add (Substitute)(MotV-Carson-46th) Medicaid and PeachCare for Kids; certain speech-language pathology; require reimbursement (H&HS-Carson-46th) Conservation; shore protection and coastal marshlands protection; revise various provisions (Substitute)(NR&E-Stephens-164th) Georgia Boat Safety Act; numbering and registration of vessels; revise provisions (PS&HS-Tanner-9th)

Structured Rule

HB 371

Motor fuel tax; define liquefied natural gas (Substitute)(W&M-Harbin122nd)

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

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

TUESDAY, MARCH 5, 2013

1989

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; 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 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates of certain persons and vehicles, so as to clarify the provision of special license plates for veterans; to modify provisions relating to a special license plate for the AIDS Survival Project and designate the special license plate funds for AID Atlanta; to modify provisions relating to a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to add a special license plate supporting the Atlanta Braves Foundation and the foundation's philanthropic activities and charitable sponsorships; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates of certain persons and vehicles, is amended by revising Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows:
"40-2-85.1. (a) For purposes of this Code section, the term:
(1) 'Military medal award' means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military:
(A) Medal of Honor; (B) Bronze Star Medal;

1990

JOURNAL OF THE HOUSE

(C) Silver Star Medal; (D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal; (J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal; (M) Defense Superior Service Medal; (N) Legion of Merit; (O) Distinguished Flying Cross; (P) Purple Heart; and (Q) Air Medal. (2) 'Served during active military combat' means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom. (3) 'Veteran' means a former member of the armed forces of the United States who is discharged from the armed forces under conditions other than dishonorable. (b)(1) Motor vehicle and trailer owners who are retired veterans of the armed forces of the United States, or who have received a military medal award, or persons who served during active military combat shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Eligibility to receive a special and distinctive vehicle license plate for persons who are no longer serving in the United States military shall be conditioned on such person having been discharged from military service under honorable conditions. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2)(A) Motor vehicle and trailer owners who retired from active duty with the armed forces of the United States are veterans or have received a military medal award or served during active military combat shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veteran's license plate, military medal award recipient license plate, or commemorative service license plate for service during active military combat. One such license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each member or former member of the armed forces listed in subsection (b) of this Code section shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a

TUESDAY, MARCH 5, 2013

1991

member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (c) The commissioner shall design a retired veteran's license plate, a military medal award recipient license plate, and a license plate to commemorate service with the United States armed forces during active military combat. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, trucks, and trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (e) of this Code section, such plates shall be nontransferable. (d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, trucks, and trailers used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States, or recipients of a military medal award, or persons who served during active military combat and shall additionally, for such plates manufactured after July 1, 2001, identify distinctly the owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard. (e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States or of a deceased person who received a military medal award or who served during active military combat shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. (f) Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 2. Said article is further amended by revising paragraph (24) of subsection (l) of Code Section 40-2-86, relating to special license plates promoting certain beneficial projects

1992

JOURNAL OF THE HOUSE

and supporting certain worthy agencies, funds, or nonprofit corporations, and by adding two new paragraphs to read as follows:
"(24) A special license plate for the AIDS Survival Project AID Atlanta. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project AID Atlanta which is committed to providing people living with HIV the information and support they need to live healthy and productive lives." "(49) A special license plate supporting the Appalachian Trail. The funds raised by the sale of this special license plate shall be disbursed to the Appalachian Trail Conservancy and used to protect, maintain, and conserve the Georgia portion of the Appalachian Trail and connecting trails, and to promote awareness of wilderness, hiking, and back country recreation. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'www.appalachiantrail.org'. (50) A special license plate supporting the Atlanta Braves Foundation. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Atlanta Braves Foundation and used in the foundation's philanthropic activities and charitable sponsorships. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Go Braves.'"

SECTION 3. This Act shall become effective on July 1, 2013.

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

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

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell E Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill
Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

TUESDAY, MARCH 5, 2013

1993

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 1.

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

HB 480. By Representatives Ballinger of the 23rd, Caldwell of the 131st, Pak of the 108th, Sheldon of the 104th, Abrams of the 89th and others:

A BILL to be entitled an Act to amend Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to persons allowed to be present in a courtroom when a person under the age of 16 testifies concerning a sex offense, so as to add victim assistance personnel to the list of persons who may be present in a courtroom when a person under the age of 16 testifies concerning a sex offense; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R

1994

JOURNAL OF THE HOUSE

Y Bell E Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch N Weldon Y Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 168, nays 4.

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

By unanimous consent, the following Bill of the House was postponed until the next legislative day:

HB 1.

By Representatives Willard of the 51st, Lindsey of the 54th, Abrams of the 89th, Ehrhart of the 36th, Parsons of the 44th and others:

A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice, to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to conform provisions to the new Chapter 16 of Title 9, correct cross-references, and remove obsolete or improper references to forfeiture; to amend the O.C.G.A., so as to conform provisions to the new Chapter 16 of Title 9, correct cross-references, and remove obsolete or improper references to forfeiture; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 5, 2013

1995

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 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
HB 266. By Representative Peake of the 141st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175).
The following report of the Committee of Conference was read:

1996

JOURNAL OF THE HOUSE

COMMITTEE OF CONFERENCE REPORT ON HB 105

The Committee of Conference on HB 105 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 105 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Terry England Representative, 116th District

/s/ David Shafer Senator, 48th District

/s/ Jan Jones Representative, 47th District

/s/ Ronnie Chance Senator, 16th District

/s/ Larry O'Neal Representative, 146th District

CONFERENCE COMMITTEE SUBSTITUTE
A BILL TO BE ENTITLED AN ACT

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at page 1 of 175), so as to make, provide, and change certain 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
An Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at Page 1 of 175), is amended by striking everything following the Part I designation through Section 56 and by substituting in lieu thereof the following:
"The sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1,

TUESDAY, MARCH 5, 2013

1997

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 Brain and Spinal Injury Trust Fund Hospital Provider Payment Lottery Funds Motor Fuel Funds Nursing Home Provider Fees State General Funds Tobacco Settlement Funds

$40,265,395,425 $11,626,118,995
$93,676,129 $102,672,024
$14,141,291 $15,977,927 $1,143,641,430 $73,000,590 $51,766,614 $20,886,897 $5,901,533,837 $47,141,096
$2,141,120 $89,752,473 $333,550,998
$9,551,600 $346,977,739 $3,379,707,230 $125,727,073
$8,525,193 $241,475
$13,704,454 $103,255,951 $5,545,352,445 $2,979,296,849 $139,386,524 $380,371,017
$18,424,010 $435,771
$2,027,438,274 $19,325,217,673
$2,396,580 $234,968,478 $866,365,210 $983,293,108 $167,756,401 $16,917,085,118 $153,352,778

1998

JOURNAL OF THE HOUSE

Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments

$3,642,979,239 $3,090,119,428
$280,857,262 $69,525,660 $49,269,674
$153,207,215

Section 1: Georgia Senate Total Funds State Funds State General Funds

$10,193,044 $10,193,044 $10,193,044

1.1. Lieutenant Governor's Office

Total Funds

$1,184,398

State Funds

$1,184,398

State General Funds

$1,184,398

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,212,241 $1,212,241

Reduce funds for operating expenses.

($27,843)

($27,843)

Amount appropriated in this Act

$1,184,398 $1,184,398

1.2. Secretary of the Senate's Office

Total Funds

$1,103,477

State Funds

$1,103,477

State General Funds

$1,103,477

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,114,623 $1,114,623

Reduce funds for operating expenses.

($11,146)

($11,146)

Amount appropriated in this Act

$1,103,477 $1,103,477

1.3. Senate

Total Funds

$6,916,002

State Funds

$6,916,002

State General Funds

$6,916,002

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

1999

Amount from prior Appropriation Act (HB 742) Reduce funds for operating expenses. Amount appropriated in this Act

State Funds $7,048,447 ($132,445) $6,916,002

Total Funds $7,048,447 ($132,445) $6,916,002

1.4. Senate Budget and Evaluation Office

Purpose: The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

Total Funds

$989,167

State Funds

$989,167

State General Funds

$989,167

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$999,159

$999,159

Reduce funds for operating expenses.

($9,992)

($9,992)

Amount appropriated in this Act

$989,167

$989,167

Section 2: Georgia House of Representatives Total Funds State Funds State General Funds

$18,241,875 $18,241,875 $18,241,875

2.1. House of Representatives

Total Funds

$18,241,875

State Funds

$18,241,875

State General Funds

$18,241,875

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$18,631,809 $18,631,809

Reduce funds for operating expenses.

($389,934)

($389,934)

Amount appropriated in this Act

$18,241,875 $18,241,875

Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds

$9,786,474 $9,786,474 $9,786,474

2000

JOURNAL OF THE HOUSE

3.1. Ancillary Activities

Purpose: The purpose of this appropriation is to provide services for the legislative branch of government.

Total Funds

$4,609,666

State Funds

$4,609,666

State General Funds

$4,609,666

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,807,892 $4,807,892

Reduce funds to reflect an adjustment in property liability premiums.

($2,900)

($2,900)

Reflect an adjustment in telecommunications expenses.

$21,029

$21,029

Reduce funds for operating expenses.

($216,355)

($216,355)

Amount appropriated in this Act

$4,609,666 $4,609,666

3.2. Legislative Fiscal Office

Purpose: The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments.

Total Funds

$2,267,255

State Funds

$2,267,255

State General Funds

$2,267,255

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,290,157 $2,290,157

Reduce funds for operating expenses.

($22,902)

($22,902)

Amount appropriated in this Act

$2,267,255 $2,267,255

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

$2,909,553

State Funds

$2,909,553

State General Funds

$2,909,553

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,938,942 $2,938,942

Reduce funds for operating expenses.

($29,389)

($29,389)

Amount appropriated in this Act

$2,909,553 $2,909,553

TUESDAY, MARCH 5, 2013

2001

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

$29,984,852 $248,710 $248,710
$29,646,142 $29,646,142
$90,000 $90,000

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

$26,022,858

Other Funds

$248,710

Other Funds - Not Specifically Identified

$248,710

State Funds

$25,684,148

State General Funds

$25,684,148

Intra-State Government Transfers

$90,000

Other Intra-State Government Payments

$90,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$26,482,810 $26,821,520

Reduce funds to reflect an adjustment in property liability premiums.

($378)

($378)

Reflect an adjustment in telecommunications expenses.

$5,083

$5,083

Reduce funds for personal services.

($600,779)

($600,779)

Reduce funds for operating expenses.

($202,588)

($202,588)

Amount appropriated in this Act

$25,684,148 $26,022,858

4.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all Department programs.

Total Funds

$1,639,413

State Funds

$1,639,413

2002

JOURNAL OF THE HOUSE

State General Funds

$1,639,413

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,639,202 $1,639,202

Reduce funds to reflect an adjustment in property liability premiums.

($17)

($17)

Reflect an adjustment in telecommunications expenses.

$228

$228

Amount appropriated in this Act

$1,639,413 $1,639,413

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

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

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

$2,055,020

State Funds

$2,055,020

State General Funds

$2,055,020

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,060,650 $2,060,650

Reduce funds to reflect an adjustment in property liability premiums.

($30)

($30)

TUESDAY, MARCH 5, 2013

2003

Reflect an adjustment in telecommunications expenses. Reduce funds for contractual services. Amount appropriated in this Act

$400 ($6,000) $2,055,020

$400 ($6,000) $2,055,020

Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$14,268,377 $150,000 $150,000
$14,118,377 $14,118,377

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

$14,268,377

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$14,118,377

State General Funds

$14,118,377

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,106,000 $14,256,000

Reduce funds to reflect an adjustment in property liability premiums.

($867)

($867)

Reflect an adjustment in telecommunications expenses.

$2,785

$2,785

Increase funds to reflect an adjustment in real estate rentals.

$10,459

$10,459

Amount appropriated in this Act

$14,118,377 $14,268,377

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

$15,888,387 $2,552,935 $2,552,935 $1,144,998 $876,093 $268,905
$12,190,454 $12,190,454

2004

JOURNAL OF THE HOUSE

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

$431,463

State Funds

$431,463

State General Funds

$431,463

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$431,821

$431,821

Reflect an adjustment in telecommunications expenses.

($358)

($358)

Amount appropriated in this Act

$431,463

$431,463

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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$172,890

Reflect an adjustment in telecommunications expenses.

$0

$0

Amount appropriated in this Act

$0

$172,890

6.3. Georgia Statewide Judiciary e-Filing

Purpose: The purpose of this appropriation is to provide for the development and implementation of civil e-filing in all classes of court throughout the judiciary statewide.

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 (HB 742)

$0

$0

Amount appropriated in this Act

$0

$0

TUESDAY, MARCH 5, 2013

2005

6.4. 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

6.5. 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

$12,908,619

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

$10,086,779

State General Funds

$10,086,779

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,218,036 $13,039,876

Reduce funds to reflect an adjustment in property liability premiums.

($768)

($768)

Reflect an adjustment in telecommunications expenses.

($28,309)

($28,309)

Reduce funds.

($102,180)

($102,180)

Amount appropriated in this Act

$10,086,779 $12,908,619

6.6. 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.

2006

JOURNAL OF THE HOUSE

Total Funds

$410,423

State Funds

$410,423

State General Funds

$410,423

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$512,215

$512,215

Reflect an adjustment in telecommunications expenses.

($1,792)

($1,792)

Reduce funds for an investigative staff attorney position that was funded in HB 742 (2012 Session) and has not been hired.

($100,000)

($100,000)

Amount appropriated in this Act

$410,423

$410,423

6.7. 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

Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$7,205,618 $447,456 $447,456
$6,758,162 $6,758,162

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

$1,901,223

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

State Funds

$1,453,767

State General Funds

$1,453,767

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,470,066 $1,917,522

TUESDAY, MARCH 5, 2013

2007

Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds. Amount appropriated in this Act

($1,835) $237
($14,701) $1,453,767

($1,835) $237
($14,701) $1,901,223

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

$61,949,766 $1,802,127 $1,802,127
$60,147,639 $60,147,639

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

$185,580

State Funds

$185,580

State General Funds

$185,580

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$187,455

$187,455

Reduce funds.

($1,875)

($1,875)

Amount appropriated in this Act

$185,580

$185,580

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

$55,884,189

Other Funds

$1,802,127

Other Funds - Not Specifically Identified

$1,802,127

State Funds

$54,082,062

2008

JOURNAL OF THE HOUSE

State General Funds

$54,082,062

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$52,881,965 $54,684,092

Transfer funds from the Prosecuting Attorney's Council program to align expenditures in retirement premiums to the correct program.

$1,125,097 $1,125,097

Increase funds for travel for district attorneys. (CC:YES)

$75,000

$75,000

Amount appropriated in this Act

$54,082,062 $55,884,189

8.3. Prosecuting Attorney's Council

Purpose: The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

Total Funds

$5,879,997

State Funds

$5,879,997

State General Funds

$5,879,997

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,005,291 $7,005,291

Reduce funds to reflect an adjustment in property liability premiums.

($197)

($197)

Transfer funds to the District Attorneys program to align expenditures in retirement premiums to the correct program.

($1,125,097) ($1,125,097)

Amount appropriated in this Act

$5,879,997 $5,879,997

Section 9: Superior Courts Total Funds State Funds State General Funds

$61,093,909 $61,093,909 $61,093,909

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

$1,280,244

State Funds

$1,280,244

State General Funds

$1,280,244

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2009

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Increase funds to reflect an adjustment in real estate rentals. Reduce funds. Amount appropriated in this Act

State Funds $1,291,377
($40) $416 $1,405 ($12,914) $1,280,244

Total Funds $1,291,377
($40) $416 $1,405 ($12,914) $1,280,244

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

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 (HB 742)

$2,336,893 $2,336,893

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 (HB 742)

$57,476,772 $57,476,772

Amount appropriated in this Act

$57,476,772 $57,476,772

Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds

$10,928,047 $1,859,823 $1,859,823 $9,068,224

2010

JOURNAL OF THE HOUSE

State General Funds

$9,068,224

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

$10,928,047

Other Funds

$1,859,823

Other Funds - Not Specifically Identified

$1,859,823

State Funds

$9,068,224

State General Funds

$9,068,224

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,093,297 $10,953,120

Reflect an adjustment in telecommunications expenses.

($32,613)

($32,613)

Increase funds to reflect an adjustment in real estate rentals.

$7,540

$7,540

Amount appropriated in this Act

$9,068,224 $10,928,047

Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$19,416,127 $3,720,804 $3,720,804
$15,695,323 $15,695,323

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

$19,416,127

State Funds

$3,720,804

State General Funds

$3,720,804

Intra-State Government Transfers

$15,695,323

Other Intra-State Government Payments

$15,695,323

TUESDAY, MARCH 5, 2013

2011

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,781,064 $19,476,387

Reduce funds to reflect an adjustment in property liability premiums.

($113)

($113)

Reflect an adjustment in telecommunications expenses.

($36,715)

($36,715)

Reduce funds for personal services.

($23,432)

($23,432)

Amount appropriated in this Act

$3,720,804 $19,416,127

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 Other Intra-State Government Payments Self Insurance Trust Fund Payments

$189,280,817 $23,311,543 $15,363,076 $7,948,467 $4,107,574 $4,107,574
$161,861,700 $8,654,485
$153,207,215

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. 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

$7,500

State Funds

$7,500

State General Funds

$7,500

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$337,355

$337,355

Reduce funds for HR 1160 (2012 Session) as it did not receive final passage.

($329,855)

($329,855)

Amount appropriated in this Act

$7,500

$7,500

2012

JOURNAL OF THE HOUSE

12.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$5,729,732

Other Funds

$5,729,732

Other Funds - Not Specifically Identified

$5,729,732

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $5,729,732

Utilize existing funds for Team Georgia personal services and operating expenses and remit $350,000 to Treasury. (CC:YES)

$0

$0

Amount appropriated in this Act

$0 $5,729,732

12.3. 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

12.4. 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

Intra-State Government Transfers

$8,654,485

Other Intra-State Government Payments

$8,654,485

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

$153,707,215

State Funds

$500,000

TUESDAY, MARCH 5, 2013

2013

State General Funds

$500,000

Intra-State Government Transfers

$153,207,215

Self Insurance Trust Fund Payments

$153,207,215

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $161,735,205

Reduce unemployment billings by $1,200,000 from $2,500,000 to $1,300,000 to reflect the actual amount billed to the Department of Behavioral Health and Developmental Disabilities.

$0 ($1,200,000)

Reduce billings for property liability by $7,327,990.

$0 ($7,327,990)

Increase funds for the Peace Officer's Indemnification Trust Fund.

$500,000

$500,000

Amount appropriated in this Act

$500,000 $153,707,215

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

$10,719,374

Other Funds

$10,719,374

Agency Funds

$10,719,374

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $10,319,374

Eliminate the additional payment to Treasury of $1,200,000 as required by HB 742 (2012 Session). (CC:Increase funds for payment to the State Treasury by $500,000 from $1,200,000 to $1,700,000 (Total Funds: $1,700,000).)

$0

$0

The Department is authorized to retain only $10,319,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $600,000 to the State Accounting Office for expenses due to Team Georgia Marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year. (CC:The Department is authorized to retain only $10,719,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $600,000 to the State Accounting Office for expenses due to Team Georgia Marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year.)

$0

$400,000

2014

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$0 $10,719,374

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 nonprofits, 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

$39,506

State Funds

$39,506

State General Funds

$39,506

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$40,728

$40,728

Reduce funds for operating expenses.

($1,222)

($1,222)

Amount appropriated in this Act

$39,506

$39,506

12.9. 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

$4,042,562

Other Funds

$1,300,805

Agency Funds

$1,300,805

State Funds

$2,741,757

State General Funds

$2,741,757

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,929,938 $4,230,743

Reduce funds to reflect an adjustment in property liability premiums.

($71)

($71)

TUESDAY, MARCH 5, 2013

2015

Reduce funds for a vacant judge position and replace with a temporary position. Reduce funds for the Tax Court based on projected expenditures. Amount appropriated in this Act

($78,110)
($110,000) $2,741,757

($78,110)
($110,000) $4,042,562

12.10. 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

$3,342,897

Other Funds

$3,342,897

Agency Funds

$3,342,897

12.11. Payments to Georgia Aviation Authority

Purpose: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property.

Total Funds

$818,811

State Funds

$818,811

State General Funds

$818,811

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,540,251 $1,540,251

Reduce funds to reflect an adjustment in property liability premiums.

($396)

($396)

Reflect an adjustment in telecommunications expenses.

$8,956

$8,956

Reduce funds for contractual services. (CC:Reduce funds based on projected expenditures.)

($730,000)

($730,000)

Amount appropriated in this Act

$818,811

$818,811

12.12. Payments to Georgia Technology Authority

Purpose: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Provide for a payment to the Office of the State Treasurer of $6,000,000. (CC:YES)

$0

$0

Amount appropriated in this Act

$0

$0

2016

JOURNAL OF THE HOUSE

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

$50,166,802 $7,163,980 $7,163,980 $3,454,038 $3,454,038
$39,548,784 $39,548,784

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

$2,830,387

State Funds

$2,830,387

State General Funds

$2,830,387

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,810,149 $2,810,149

Increase funds for the contract with the Board of Regents to reflect an increase in the employer share of health insurance.

$9,508

$9,508

Increase funds for the contract with the Board of Regents to reflect an adjustment in the employer share of the Teachers Retirement System from 10.28% to 11.41%.

$10,730

$10,730

Amount appropriated in this Act

$2,830,387 $2,830,387

13.2. Consumer Protection

Purpose: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; by monitoring, inspecting, and regulating animal feed, pet food, and grains; ensuring accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.

Total Funds

$31,696,180

Federal Funds and Grants

$7,128,980

Federal Funds Not Specifically Identified

$7,128,980

Other Funds

$1,501,004

TUESDAY, MARCH 5, 2013

2017

Other Funds - Not Specifically Identified

$1,501,004

State Funds

$23,066,196

State General Funds

$23,066,196

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$24,325,136 $32,955,120

Reflect an adjustment in telecommunications expenses.

($104,729)

($104,729)

Reduce funds for real estate rentals to recognize savings from consolidating office space.

($140,239)

($140,239)

Reduce funds for personal services as a result of cross-training and staff reorganization in the program.

($355,765)

($355,765)

Reduce funds for motor vehicle purchases.

($121,000)

($121,000)

Transfer funds to the Marketing and Promotion program for farmers' market expenses resulting from consumer protection inspections.

($472,013)

($472,013)

Reduce funds for operating expenses.

($65,194)

($65,194)

Amount appropriated in this Act

$23,066,196 $31,696,180

13.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$4,355,416

State Funds

$4,355,416

State General Funds

$4,355,416

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,558,992 $4,558,992

Reduce funds to reflect an adjustment in property liability premiums.

($33,693)

($33,693)

Reflect an adjustment in telecommunications expenses.

($27,863)

($27,863)

Reduce funds for personal services as a result of cross-training and staff reorganization in the program.

($142,020)

($142,020)

Amount appropriated in this Act

$4,355,416 $4,355,416

13.4. Marketing and Promotion

Purpose: The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Farmers and Consumers Market Bulletin.

Total Funds

$7,459,952

Federal Funds and Grants

$35,000

2018

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$35,000

Other Funds

$1,953,034

Other Funds - Not Specifically Identified

$1,953,034

State Funds

$5,471,918

State General Funds

$5,471,918

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,991,729 $6,979,763

Reflect an adjustment in telecommunications expenses.

($43,043)

($43,043)

Reduce funds for real estate rentals to recognize savings from consolidating office space.

($36,046)

($36,046)

Reduce funds for personal services as a result of cross-training and staff reorganization in the program.

($139,324)

($139,324)

Eliminate contract funds for the Brussels office.

($81,882)

($81,882)

Transfer funds from the Consumer Protection program for farmers' market expenses resulting from consumer protection inspections.

$472,013

$472,013

Increase funds for operating expenses related to issuing Georgia Agricultural Tax Exemption certificates.

$350,000

$350,000

Reduce funds for H1B/H2A Guest Worker Program.

($41,529)

($41,529)

Amount appropriated in this Act

$5,471,918 $7,459,952

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

$2,680,399

State Funds

$2,680,399

State General Funds

$2,680,399

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,763,298 $2,763,298

Reduce funds for operating expenses.

($82,899)

($82,899)

Amount appropriated in this Act

$2,680,399 $2,680,399

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.

TUESDAY, MARCH 5, 2013

2019

Total Funds

$1,144,468

State Funds

$1,144,468

State General Funds

$1,144,468

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,284,739 $1,284,739

Reduce funds to reflect an adjustment in property liability premiums.

($1,729)

($1,729)

Reduce funds for operating expenses.

($38,542)

($38,542)

Reduce funds to recognize savings from energy efficiency investments and horse stable enhancements.

($100,000)

($100,000)

Amount appropriated in this Act

$1,144,468 $1,144,468

Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds

$10,995,899 $10,995,899 $10,995,899

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

$218,040

State Funds

$218,040

State General Funds

$218,040

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$218,206

$218,206

Reflect an adjustment in telecommunications expenses.

($166)

($166)

Amount appropriated in this Act

$218,040

$218,040

14.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$1,987,487

State Funds

$1,987,487

State General Funds

$1,987,487

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2020

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Transfer funds for personal services to the Non-Depository Financial Institution Supervision program. Amount appropriated in this Act

State Funds $2,014,908
($908) ($1,513) ($25,000)
$1,987,487

Total Funds $2,014,908
($908) ($1,513) ($25,000)
$1,987,487

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

$6,917,848

State Funds

$6,917,848

State General Funds

$6,917,848

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,215,024 $7,215,024

Reflect an adjustment in telecommunications expenses.

($5,489)

($5,489)

Eliminate funds for one filled position and part-time labor, and hold two positions vacant.

($276,823)

($276,823)

Reduce funds for operating expenses.

($3,890)

($3,890)

Reduce funds for travel.

($10,974)

($10,974)

Amount appropriated in this Act

$6,917,848 $6,917,848

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 enforcing applicable laws and regulations, and providing efficient and flexible application, registrations and notification procedures for non-depository financial institutions.

Total Funds

$1,872,524

State Funds

$1,872,524

State General Funds

$1,872,524

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,908,973 $1,908,973

TUESDAY, MARCH 5, 2013

2021

Reflect an adjustment in telecommunications expenses. Eliminate funds for part-time labor. Reduce funds for operating expenses. Eliminate contract funds for temporary labor. Transfer funds for personal services from the Departmental Administration program. Amount appropriated in this Act

($1,449) ($38,488)
($1,512) ($20,000)
$25,000
$1,872,524

($1,449) ($38,488)
($1,512) ($20,000)
$25,000
$1,872,524

Section 15: Behavioral Health and Developmental Disabilities, Department of Total Funds Federal Funds and Grants Community Mental Health Services Block Grant Medical Assistance Program Prevention and Treatment of Substance Abuse Block Grant Social Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$1,120,435,572 $143,796,869 $14,141,291 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $10,738,935 $65,795,073 $57,108,904 $8,686,169 $908,423,920 $898,168,782 $10,255,138 $2,419,710 $2,419,710

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, and to provide assistance for compulsive gamblers.

Total Funds

$89,221,117

Federal Funds and Grants

$44,990,790

Medical Assistance Program

$200,000

Prevention and Treatment of Substance Abuse Block Grant

$30,722,070

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

$43,795,124

2022

JOURNAL OF THE HOUSE

State General Funds

$43,795,124

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$45,076,146 $90,502,139

Reflect an adjustment in telecommunications expenses.

$28,681

$28,681

Transfer funds to the Adult Forensic Services program to properly align program purpose and expenditures.

($1,231,428) ($1,231,428)

Reduce state funds to reflect a one-time credit from the Employees' Retirement System.

($78,275)

($78,275)

Amount appropriated in this Act

$43,795,124 $89,221,117

15.2. Adult Developmental Disabilities Services

Purpose: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line.

Total Funds

$327,497,291

Federal Funds and Grants

$37,922,210

Medical Assistance Program

$11,778,039

Social Services Block Grant

$26,144,171

Other Funds

$38,787,669

Agency Funds

$35,339,769

Other Funds - Not Specifically Identified

$3,447,900

State Funds

$250,787,412

State General Funds

$240,532,274

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 (HB 742)

$274,751,725 $333,643,509

Reflect an adjustment in telecommunications expenses.

$443,177

$443,177

Reduce state funds to reflect a one-time credit from the Employees' Retirement System.

($2,387,394) ($2,387,394)

Replace state funds with Medicaid Upper Payment Limit and Cost

($17,818,095)

$0

Settlement revenue.

Reduce funds to reflect savings from unit closures at state hospitals.

($6,500,000) ($6,500,000)

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$2,297,999 $2,297,999

Amount appropriated in this Act

$250,787,412 $327,497,291

TUESDAY, MARCH 5, 2013

2023

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

$78,065,915

Other Funds

$26,500

Other Funds - Not Specifically Identified

$26,500

State Funds

$78,039,415

State General Funds

$78,039,415

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$68,388,654 $68,415,154

Reflect an adjustment in telecommunications expenses.

$12,460

$12,460

Transfer funds from the Adult Addictive Disease Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to properly align program purpose and expenditures.

$2,334,600 $2,334,600

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$4,853,320 $4,853,320

Transfer funds from the Direct Care Support Services program to meet projected treatment mall expenditures.

$2,687,881

$2,687,881

Reduce funds for forensic evaluators to reflect actual start date.

($237,500)

($237,500)

Amount appropriated in this Act

$78,039,415 $78,065,915

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

$300,523,193

Federal Funds and Grants

$16,747,136

Community Mental Health Services Block Grant

$6,703,760

Medical Assistance Program

$1,982,065

Federal Funds Not Specifically Identified

$8,061,311

Other Funds

$2,303,357

Agency Funds

$1,130,000

Other Funds - Not Specifically Identified

$1,173,357

State Funds

$281,472,700

State General Funds

$281,472,700

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$279,744,235 $298,794,728

2024

JOURNAL OF THE HOUSE

Reduce funds to reflect an adjustment in property liability premiums.
Reflect an adjustment in telecommunications expenses.
Transfer funds to the Adult Forensic Services program to properly align program purpose and expenditures.
Reduce state funds to reflect a one-time credit from the Employees' Retirement System.
Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.
Transfer funds from the Direct Care Support Services program to meet projected treatment mall expenditures.
Amount appropriated in this Act

($30,765) $94,040
($1,103,172)
($1,448,091)
$2,072,629
$2,143,824
$281,472,700

($30,765) $94,040
($1,103,172)
($1,448,091)
$2,072,629
$2,143,824
$300,523,193

15.5. Adult Nursing Home Services

Purpose: The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness or developmental disabilities.

Total Funds

$14,481,944

Other Funds

$6,330,069

Agency Funds

$6,330,069

State Funds

$8,151,875

State General Funds

$8,151,875

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,883,629 $11,213,698

Reflect an adjustment in telecommunications expenses.

$5,163

$5,163

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$3,263,083 $3,263,083

Amount appropriated in this Act

$8,151,875 $14,481,944

15.6. Child and Adolescent Addictive Diseases Services

Purpose: The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$9,432,669

Federal Funds and Grants

$6,154,800

Medical Assistance Program

$226,000

Prevention and Treatment of Substance Abuse Block Grant

$5,928,800

State Funds

$3,277,869

State General Funds

$3,277,869

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2025

Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

State Funds $3,273,354
$4,515 $3,277,869

Total Funds $9,428,154
$4,515 $9,432,669

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

$11,509,276

Federal Funds and Grants

$3,148,692

Medical Assistance Program

$3,148,692

State Funds

$8,360,584

State General Funds

$8,360,584

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,345,916 $11,494,608

Reflect an adjustment in telecommunications expenses.

$14,668

$14,668

Amount appropriated in this Act

$8,360,584 $11,509,276

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 referred by Georgia's criminal justice or corrections system.

Total Funds

$5,113,729

State Funds

$5,113,729

State General Funds

$5,113,729

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,301,930 $3,301,930

Reflect an adjustment in telecommunications expenses.

$11,799

$11,799

Transfer funds for the Turner Center from the Child and Adolescent Mental Health Services program to properly align program purpose and expenditures.

$1,800,000 $1,800,000

Amount appropriated in this Act

$5,113,729 $5,113,729

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

$86,601,964

2026

JOURNAL OF THE HOUSE

Federal Funds and Grants

$10,201,314

Community Mental Health Services Block Grant

$7,437,531

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

$73,730,869

State General Funds

$73,730,869

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$75,502,819 $88,373,914

Reflect an adjustment in telecommunications expenses.

$28,050

$28,050

Transfer funds for the Turner Center to the Child and Adolescent Forensic Services program to properly align program purpose and expenditures.

($1,800,000) ($1,800,000)

Amount appropriated in this Act

$73,730,869 $86,601,964

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

$48,717,553

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

$36,979,836

State General Funds

$36,979,836

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$36,672,440 $48,410,157

Reflect an adjustment in telecommunications expenses.

$307,396

$307,396

Amount appropriated in this Act

$36,979,836 $48,717,553

15.11. Direct Care Support Services

Purpose: The purpose of this appropriation is to operate six state-owned and operated hospitals.

Total Funds

$135,433,400

Other Funds

$15,220,361

TUESDAY, MARCH 5, 2013

2027

Agency Funds

$13,767,030

Other Funds - Not Specifically Identified

$1,453,331

State Funds

$117,793,329

State General Funds

$117,793,329

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 (HB 742)

$137,351,122 $154,991,193

Reduce funds to reflect an adjustment in property liability premiums.

($260,538)

($260,538)

Reflect an adjustment in telecommunications expenses.

$1,521,481 $1,521,481

Reduce funds for personal services.

($2,000,000) ($2,000,000)

Reduce funds for contractual services.

($1,500,000) ($1,500,000)

Transfer funds to the Adult Developmental Disabilities Services ($2,297,999), Adult Forensic Services ($4,853,320), Adult Mental Health Services ($2,072,629), and Adult Nursing Home Services ($3,263,083) programs to properly align budget to expenditures.

($12,487,031) ($12,487,031)

Transfer funds to Adult Forensic Services ($2,687,881) and Adult Mental Health Services ($2,143,824) to meet projected treatment mall expenditures.

($4,831,705) ($4,831,705)

Amount appropriated in this Act

$117,793,329 $135,433,400

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

$10,472,009

Federal Funds and Grants

$10,238,719

Prevention and Treatment of Substance Abuse Block Grant

$10,238,719

State Funds

$233,290

State General Funds

$233,290

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$233,007 $10,471,726

Reflect an adjustment in telecommunications expenses.

$283

$283

Amount appropriated in this Act

$233,290 $10,472,009

2028

JOURNAL OF THE HOUSE

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

$2,723,896

Federal Funds and Grants

$2,677,624

Federal Funds Not Specifically Identified

$2,677,624

State Funds

$46,272

State General Funds

$46,272

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$44,635 $2,722,259

Reflect an adjustment in telecommunications expenses.

$2,976

$2,976

Reduce funds for operating expenses.

($1,339)

($1,339)

Amount appropriated in this Act

$46,272 $2,723,896

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

$641,616

State Funds

$641,616

State General Funds

$641,616

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$656,279

$656,279

Reflect an adjustment in telecommunications expenses.

$5,025

$5,025

Reduce funds for operating expenses.

($19,688)

($19,688)

Amount appropriated in this Act

$641,616

$641,616

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

$224,990,515 $172,892,464 $172,892,464
$13,479,364 $55,284
$13,424,080 $38,618,687

TUESDAY, MARCH 5, 2013

2029

State General Funds

$38,618,687

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

$559,059

Federal Funds and Grants

$75,116

Federal Funds Not Specifically Identified

$75,116

Other Funds

$257,804

Other Funds - Not Specifically Identified

$257,804

State Funds

$226,139

State General Funds

$226,139

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$229,373

$562,293

Reflect an adjustment in telecommunications expenses.

($3,234)

($3,234)

Amount appropriated in this Act

$226,139

$559,059

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

$3,886,050

Other Funds

$126,906

Other Funds - Not Specifically Identified

$126,906

State Funds

$3,759,144

State General Funds

$3,759,144

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,023,494 $4,150,400

Reflect an adjustment in telecommunications expenses.

($12,935)

($12,935)

Eliminate funds for four filled positions.

($190,301)

($190,301)

2030

JOURNAL OF THE HOUSE

Replace state funds with existing other funds for the Keep Georgia Beautiful Foundation contract.
Amount appropriated in this Act

($61,114) $3,759,144

($61,114) $3,886,050

16.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$6,521,507

Federal Funds and Grants

$3,216,000

Federal Funds Not Specifically Identified

$3,216,000

Other Funds

$2,224,681

Other Funds - Not Specifically Identified

$2,224,681

State Funds

$1,080,826

State General Funds

$1,080,826

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,094,847 $6,535,528

Reduce funds to reflect an adjustment in property liability premiums.

($277)

($277)

Reflect an adjustment in telecommunications expenses.

($13,744)

($13,744)

Amount appropriated in this Act

$1,080,826 $6,521,507

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

$54,085,208

Federal Funds and Grants

$52,272,828

Federal Funds Not Specifically Identified

$52,272,828

Other Funds

$305,415

Other Funds - Not Specifically Identified

$305,415

State Funds

$1,506,965

State General Funds

$1,506,965

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,525,558 $54,103,801

Reflect an adjustment in telecommunications expenses.

($18,593)

($18,593)

Amount appropriated in this Act

$1,506,965 $54,085,208

TUESDAY, MARCH 5, 2013

2031

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

$5,247,652

Federal Funds and Grants

$474,298

Federal Funds Not Specifically Identified

$474,298

Other Funds

$4,773,354

Other Funds - Not Specifically Identified

$4,773,354

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, 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

$1,305,311

Federal Funds and Grants

$108,000

Federal Funds Not Specifically Identified

$108,000

Other Funds

$188,650

Other Funds - Not Specifically Identified

$188,650

State Funds

$1,008,661

State General Funds

$1,008,661

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,101,054 $1,397,704

Reflect an adjustment in telecommunications expenses.

($14,552)

($14,552)

Eliminate funds for one filled regional director position.

($77,841)

($77,841)

Amount appropriated in this Act

$1,008,661 $1,305,311

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 low-income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market.

Total Funds

$118,940,343

2032

JOURNAL OF THE HOUSE

Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified

$114,948,262 $114,948,262
$3,992,081 $3,992,081

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

$369,744

State Funds

$369,744

State General Funds

$369,744

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$373,968

$373,968

Reflect an adjustment in telecommunications expenses.

($4,224)

($4,224)

Amount appropriated in this Act

$369,744

$369,744

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

$5,503,057

Federal Funds and Grants

$1,702,960

Federal Funds Not Specifically Identified

$1,702,960

Other Funds

$837,205

Other Funds - Not Specifically Identified

$837,205

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

$810,083

Other Funds

$55,284

Agency Funds

$55,284

State Funds

$754,799

State General Funds

$754,799

TUESDAY, MARCH 5, 2013

2033

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$867,579

$922,863

Reflect an adjustment in telecommunications expenses.

($11,944)

($11,944)

Eliminate funds for one filled office director position.

($100,836)

($100,836)

Amount appropriated in this Act

$754,799

$810,083

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

$14,517,728

Federal Funds and Grants

$95,000

Federal Funds Not Specifically Identified

$95,000

Other Funds

$240,587

Other Funds - Not Specifically Identified

$240,587

State Funds

$14,182,141

State General Funds

$14,182,141

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$78,596,831 $78,932,418

Reflect an adjustment in telecommunications expenses.

($1,618)

($1,618)

Reduce funds for Regional Economic Business Assistance (REBA) grants.

($63,763,072) ($63,763,072)

Reduce funds for REBA grants.

($650,000)

($650,000)

Amount appropriated in this Act

$14,182,141 $14,517,728

The following appropriations are for agencies attached for administrative purposes.

16.12. Payments to Georgia Environmental Finance Authority

Purpose: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

Total Funds

$298,495

Other Funds

$298,495

Other Funds - Not Specifically Identified

$298,495

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2034

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742)
Eliminate contract funds for the Georgia Rural Water Association. (CC:Reflect the use of other funds for the GA Rural Water Association.)
Amount appropriated in this Act

State Funds $298,495
($298,495)

Total Funds $298,495 $0

$0

$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

$3,551,474

State Funds

$3,551,474

State General Funds

$3,551,474

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,041,478 $3,041,478

Reduce funds to reflect an adjustment in property liability premiums.

($409)

($409)

Reflect an adjustment in telecommunications expenses.

$33,692

$33,692

Eliminate funds for one filled position.

($91,245)

($91,245)

Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds.

$567,958

$567,958

Amount appropriated in this Act

$3,551,474 $3,551,474

16.14. Payments to OneGeorgia Authority

Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

Total Funds

$9,394,804

Other Funds

$178,902

Other Funds - Not Specifically Identified

$178,902

State Funds

$9,215,902

State General Funds

$9,215,902

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$44,806,042 $44,984,944

Reduce funds for rural economic development.

($35,590,140) ($35,590,140)

Amount appropriated in this Act

$9,215,902 $9,394,804

TUESDAY, MARCH 5, 2013

2035

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

$12,738,981,971 $6,156,352,807 $5,813,769,912
$333,550,998 $9,031,897
$248,421,393 $78,582,824
$139,386,524 $12,976,428 $17,475,617
$2,941,001,434 $234,968,478 $167,756,401
$2,419,783,298 $118,493,257
$3,370,976,690 $3,090,119,428
$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

$355,461,635

Federal Funds and Grants

$254,705,964

Medical Assistance Program

$231,016,519

State Children's Insurance Program

$23,036,955

Federal Funds Not Specifically Identified

$652,490

Other Funds

$3,184,039

Agency Funds

$1,611,520

Other Funds - Not Specifically Identified

$1,572,519

State Funds

$75,199,302

State General Funds

$75,199,302

Intra-State Government Transfers

$21,102,191

Health Insurance Payments

$21,102,191

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$67,136,937 $348,571,419

Reduce funds to reflect an adjustment in property liability premiums.

($560)

($560)

2036

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Reduce funds for contractual services. Reduce funds for operating expenses. Reduce funds for the Medicaid eligibility project. Replace state funds with other funds to reflect receipt of Children's Health Insurance Program performance bonus. Increase funds for expenditures deferred from prior years. Amount appropriated in this Act

$220,061 ($1,215,451)
($286,698) ($100,200) ($330,000)

$220,061 ($2,430,902)
($573,396) ($100,200)
$0

$9,775,213 $9,775,213 $75,199,302 $355,461,635

17.2. Health Care Access and Improvement

Purpose: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health and the Office of Health Information Technology and Transparency.

Total Funds

$28,515,580

Federal Funds and Grants

$588,838

Medical Assistance Program

$416,250

Federal Funds Not Specifically Identified

$172,588

State Funds

$6,967,234

State General Funds

$6,967,234

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,317,234 $28,865,580

Reduce funds for operating expenses for the State Office of Rural Health.

($300,000)

($300,000)

Reduce funds for the Southeastern Firefighter's Burn Foundation, Inc.

($50,000)

($50,000)

Amount appropriated in this Act

$6,967,234 $28,515,580

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

$15,356,046

Federal Funds and Grants

$8,296,900

Medical Assistance Program

$2,877,295

Federal Funds Not Specifically Identified

$5,419,605

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$6,959,146

State General Funds

$6,959,146

TUESDAY, MARCH 5, 2013

2037

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,124,146 $15,686,046

Reduce funds for personal services and eliminate two vacant positions.

($165,000)

($330,000)

Amount appropriated in this Act

$6,959,146 $15,356,046

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

$463,117,448

Federal Funds and Grants

$293,604,986

Medical Assistance Program

$293,604,986

Other Funds

$152,890,433

Agency Funds

$2,200,000

Indigent Care Trust Fund - Public Hospital Authorities

$139,386,524

Other Funds - Not Specifically Identified

$11,303,909

State Funds

$16,622,029

State General Funds

$16,622,029

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $407,526,188

Provide state matching funds for private deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. (CC:Provide state ($16,622,029) and other ($2,440,214) funds as matching funds for all deemed and non-deemed private hospitals eligible for the DSH program.)

$16,622,029 $55,591,260

Amount appropriated in this Act

$16,622,029 $463,117,448

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

$5,113,623,204

Federal Funds and Grants

$3,168,644,811

Medical Assistance Program

$3,165,857,597

Federal Funds Not Specifically Identified

$2,787,214

2038

JOURNAL OF THE HOUSE

Other Funds

$68,842,988

Agency Funds

$62,342,988

Prior Year Funds - Other

$6,500,000

State Funds

$1,608,846,773

Hospital Provider Payment

$25,451,911

Nursing Home Provider Fees

$167,756,401

State General Funds

$1,415,638,461

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 (HB 742)

$1,395,947,556 $4,492,744,766

Increase funds for growth in Medicaid.

$132,293,459 $385,807,696

Reflect savings from eliminating hospital reimbursements for preventable admissions.

($834,767) ($2,434,433)

Reflect savings through better enforcement of level of care qualification analysis for placement into long term care and home and community based services.

($3,535,038) ($10,309,239)

Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

($22,398)

($65,319)

Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011.

($11,486,052) ($33,496,797)

Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

($195,550)

($570,283)

Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.

($1,777,175) ($5,182,780)

Replace funds reduced in HB 742 (2012 Session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections.

$3,938,398 $11,485,558

Reduce Hospital Provider Payments to reflect projected FY 2013 revenue.

($36,130)

($105,366)

Increase Nursing Home Provider Fees to reflect projected FY 2013 revenue.

$10,311,440 $30,071,274

Reduce funds to reflect an unimplemented pharmacy reimbursement policy.

($1,200,000) ($3,499,563)

Reflect updated Medicaid projection.

$85,443,030 $249,177,690

Amount appropriated in this Act

$1,608,846,773 $5,113,623,204

TUESDAY, MARCH 5, 2013

2039

17.6. Medicaid: Low-Income Medicaid

Purpose: The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

Total Funds

$3,238,035,615

Federal Funds and Grants

$2,119,997,265

Medical Assistance Program

$2,119,997,265

Other Funds

$23,303,933

Agency Funds

$12,328,316

Prior Year Funds - Other

$10,975,617

State Funds

$1,081,317,570

Hospital Provider Payment

$207,891,625

State General Funds

$754,932,688

Tobacco Settlement Funds

$118,493,257

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 (HB 742)

$1,107,417,540 $3,314,151,014

Increase funds for growth in Medicaid.

$79,355,008 $231,423,178

Reflect savings from eliminating hospital reimbursements for preventable admissions.

($569,202) ($1,659,965)

Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

($15,272)

($44,538)

Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011.

($7,831,983) ($22,840,429)

Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

($133,340)

($388,859)

Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.

($1,211,801) ($3,533,978)

Replace $8,300,000 in state general funds with tobacco settlement funds. (CC:YES)

$0

$0

Increase funds to offset unrealized FY 2012 reserves.

$10,975,617 $32,008,215

Reduce Hospital Provider Payments to reflect projected FY 2013 revenue.

($295,112)

($860,636)

Reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week.

($1,875,000) ($5,468,066)

Reflect updated Medicaid projection.

($104,498,885) ($304,750,321)

Amount appropriated in this Act

$1,081,317,570 $3,238,035,615

2040

JOURNAL OF THE HOUSE

17.7. PeachCare

Purpose: The purpose of this appropriation is to provide health insurance coverage for qualified lowincome Georgia children.

Total Funds

$409,246,689

Federal Funds and Grants

$310,514,043

State Children's Insurance Program

$310,514,043

State Funds

$98,580,863

Hospital Provider Payment

$1,624,942

State General Funds

$96,955,921

Intra-State Government Transfers

$151,783

Medicaid Services Payments - Other Agencies

$151,783

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$79,578,343 $330,076,596

Increase funds for growth in PeachCare.

$9,002,637 $37,503,174

Reduce Hospital Provider Payments to reflect projected FY 2013 revenue.

($2,307)

($9,610)

Reflect savings from eliminating hospital reimbursements for preventable admissions.

($49,563)

($206,469)

Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

($1,330)

($5,540)

Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011.

($681,965) ($2,840,930)

Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

($11,610)

($48,366)

Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes.

($105,517)

($439,562)

Reflect updated benefit projection.

$10,852,175 $45,217,396

Amount appropriated in this Act

$98,580,863 $409,246,689

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

$3,069,017,237

Intra-State Government Transfers

$3,069,017,237

Health Insurance Payments

$3,069,017,237

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2041

Amount from prior Appropriation Act (HB 742)
Reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and HRA funding.
Increase employee contribution rates for spousal coverage.
Reflect increase in expenses for continued implementation of the EnGAgement wellness plan.
Reflect increase in expenses for implementation of the childhood obesity initiative in cooperation with Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office.
Increase employee premiums 7.5% for employee-only and employee+child(ren) tiers.
Increase employee premiums 2% due to increased costs as a result of the requirements of the Patient Protection and Affordable Care Act (PPACA).
Reflect revenue generated by implementing an add-on fee of $7 per employee per month for select plans.
Reflect savings from elimination of prior authorization for ADHD drugs.
Reflect savings from implementing a pharmacy step therapy program. Reflect savings from revising the prescription drug list.
Reflect savings from renegotiated rates with the hospital network.
Increase per member per month billings for certificated school service personnel from $912.34 to $937.34, effective March 2013.
Reflect updated revenue and expense projections.
Increase employer share of the State Health Benefit Plan from 29.781% to 30.281%, effective January 2013. Amount appropriated in this Act

State Funds Total Funds $0 $2,987,734,959 $0 ($66,519,000)
$0 $36,379,788 $0 $7,122,000
$0 $4,000,000

$0 $6,419,963 $0 $6,881,250

$0 $8,994,000

$0

($107,500)

$0 ($1,400,000) $0 ($3,425,000) $0 ($5,250,000) $0 $7,450,121

$0 $74,650,998 $0 $6,085,658

$0 $3,069,017,237

17.9. Surplus to the Revenue Shortfall Reserve

Purpose: The purpose of this appropriation is to allocate funds to be included in the departmental surplus sent to the state treasury at the end of the fiscal year.

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 (HB 742)

$0

$0

Amount appropriated in this Act

$0

$0

2042

JOURNAL OF THE HOUSE

The following appropriations are for agencies attached for administrative purposes.

17.10. Georgia Board for Physician Workforce: Board Administration

Purpose: The purpose of this appropriation is to provide administrative support to all agency programs.

Total Funds

$678,277

State Funds

$678,277

State General Funds

$678,277

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$685,128

$685,128

Reduce funds for personal services.

($2,500)

($2,500)

Reduce funds for operating expenses.

($4,351)

($4,351)

Amount appropriated in this Act

$678,277

$678,277

17.11. 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

$8,708,629

State Funds

$8,708,629

State General Funds

$8,708,629

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,917,518 $8,917,518

Remove bridge funds for residency development programs provided for Gwinnett Medical Center and Southwest Georgia Consortium. (CC:Restore residency development funding of $136,320 to Gwinnett Medical Center and $523,000 to the Southwest Georgia Consortium.)

($167,579)

($167,579)

Reflect adjustment for only seven new residents at Houston Medical Center. (CC:Reduce funds.)

($41,310)

($41,310)

Amount appropriated in this Act

$8,708,629 $8,708,629

17.12. 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

TUESDAY, MARCH 5, 2013

2043

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$20,969,911 $20,969,911

Amount appropriated in this Act

$20,969,911 $20,969,911

17.13. 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 (HB 742)

$10,671,474 $10,671,474

Amount appropriated in this Act

$10,671,474 $10,671,474

17.14. 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

17.15. 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

$2,647,228

State Funds

$2,647,228

State General Funds

$2,647,228

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,731,636 $2,731,636

Reduce funds for Undergraduate Medical Education.

($84,408)

($84,408)

Amount appropriated in this Act

$2,647,228 $2,647,228

2044

JOURNAL OF THE HOUSE

17.16. 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

$2,102,998

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$2,002,998

State General Funds

$2,002,998

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,046,154 $2,146,154

Reduce funds for personal services.

($41,824)

($41,824)

Reduce funds for telecommunications.

($1,332)

($1,332)

Amount appropriated in this Act

$2,002,998 $2,102,998

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

$1,151,200,182 $922,276 $922,276
$29,097,329 $29,097,329 $1,121,180,577 $1,121,180,577

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

$6,148,740

Other Funds

$7,046

Other Funds - Not Specifically Identified

$7,046

State Funds

$6,141,694

State General Funds

$6,141,694

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2045

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Amount appropriated in this Act

State Funds $6,148,682
($6,988) $6,141,694

Total Funds $6,155,728
($6,988) $6,148,740

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

$25,951,087

Other Funds

$15,515,680

Other Funds - Not Specifically Identified

$15,515,680

State Funds

$10,435,407

State General Funds

$10,435,407

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,596,724 $14,096,724

Transfer funds from the Health ($1,138,683) and State Prisons ($700,000) programs to meet projected expenditures. (CC:Transfer funds from the Health ($138,683) and State Prisons ($700,000) programs to meet projected expenditures.)

$838,683

$838,683

Increase other funds to meet projected expenditures.

$0 $11,015,680

Amount appropriated in this Act

$10,435,407 $25,951,087

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

$36,381,472

Federal Funds and Grants

$70,555

Federal Funds Not Specifically Identified

$70,555

State Funds

$36,310,917

State General Funds

$36,310,917

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$36,067,108 $36,137,663

Reduce funds to reflect an adjustment in property liability premiums.

($27,952)

($27,952)

Reflect an adjustment in telecommunications expenses.

$271,761

$271,761

Amount appropriated in this Act

$36,310,917 $36,381,472

2046

JOURNAL OF THE HOUSE

18.4. Detention Centers

Purpose: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision.

Total Funds

$28,864,344

Other Funds

$450,000

Other Funds - Not Specifically Identified

$450,000

State Funds

$28,414,344

State General Funds

$28,414,344

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$28,399,203 $28,849,203

Reduce funds to reflect an adjustment in property liability premiums.

($13,976)

($13,976)

Reflect an adjustment in telecommunications expenses.

$29,117

$29,117

Amount appropriated in this Act

$28,414,344 $28,864,344

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

$28,235,831

Federal Funds and Grants

$751,721

Federal Funds Not Specifically Identified

$751,721

State Funds

$27,484,110

State General Funds

$27,484,110

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$27,519,049 $28,270,770

Reduce funds to reflect an adjustment in property liability premiums.

($34,939)

($34,939)

Amount appropriated in this Act

$27,484,110 $28,235,831

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

$200,745,083

Other Funds

$390,000

Other Funds - Not Specifically Identified

$390,000

State Funds

$200,355,083

State General Funds

$200,355,083

TUESDAY, MARCH 5, 2013

2047

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$201,493,766 $201,883,766

Transfer projected personal services savings to the County Jail Subsidy program to meet projected expenditures.

($138,683)

($138,683)

Reduce funds to properly align personal services.

($1,000,000) ($1,000,000)

Amount appropriated in this Act

$200,355,083 $200,745,083

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

$42,359,833

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

State Funds

$42,329,833

State General Funds

$42,329,833

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$42,320,127 $42,350,127

Reflect an adjustment in telecommunications expenses.

$9,706

$9,706

Amount appropriated in this Act

$42,329,833 $42,359,833

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

$3,305,150

Other Funds

$405,000

Other Funds - Not Specifically Identified

$405,000

State Funds

$2,900,150

State General Funds

$2,900,150

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,796,705 $5,201,705

Transfer funds to the State Prisons program to properly align budget to expenditures.

($1,896,555) ($1,896,555)

2048

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$2,900,150 $3,305,150

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

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.

Total Funds

$97,898,146

Other Funds

$10,000

Other Funds - Not Specifically Identified

$10,000

State Funds

$97,888,146

State General Funds

$97,888,146

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$97,678,890 $97,688,890

Reduce funds to reflect an adjustment in property liability premiums.

($13,976)

($13,976)

Reflect an adjustment in telecommunications expenses.

$223,232

$223,232

Amount appropriated in this Act

$97,888,146 $97,898,146

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, wellsupervised 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

$518,589,311

Federal Funds and Grants

$100,000

Federal Funds Not Specifically Identified

$100,000

Other Funds

$12,289,603

Other Funds - Not Specifically Identified

$12,289,603

State Funds

$506,199,708

State General Funds

$506,199,708

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2049

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Transfer projected personal services savings to the County Jail Subsidy program to meet projected expenditures. Transfer funds from the Parole Revocation Centers program to properly align budget to expenditures. Amount appropriated in this Act

State Funds $505,172,788
($586,982) $417,347
($700,000)

Total Funds $517,562,391
($586,982) $417,347
($700,000)

$1,896,555 $1,896,555

$506,199,708 $518,589,311

18.12. Transition Centers

Purpose: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center.

Total Funds

$27,813,161

State Funds

$27,813,161

State General Funds

$27,813,161

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$27,807,725 $27,807,725

Reduce funds to reflect an adjustment in property liability premiums.

($13,975)

($13,975)

Reflect an adjustment in telecommunications expenses.

$19,411

$19,411

Amount appropriated in this Act

$27,813,161 $27,813,161

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

$90,941,837 $74,506,287 $74,506,287
$7,641,586 $1,475,680 $6,165,906 $8,793,964 $8,793,964

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

$1,744,500

Federal Funds and Grants

$672,334

2050

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$672,334

State Funds

$1,072,166

State General Funds

$1,072,166

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,144,335 $1,816,669

Reflect an adjustment in telecommunications expenses.

$1,650

$1,650

Reduce funds for telecommunications.

($53,190)

($53,190)

Reduce funds for personal services by converting a full-time administrative position to a part-time position.

($20,629)

($20,629)

Amount appropriated in this Act

$1,072,166 $1,744,500

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

$75,982,815

Federal Funds and Grants

$63,865,953

Federal Funds Not Specifically Identified

$63,865,953

Other Funds

$7,641,586

Agency Funds

$1,475,680

Other Funds - Not Specifically Identified

$6,165,906

State Funds

$4,475,276

State General Funds

$4,475,276

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,710,472 $76,218,011

Reduce funds to reflect an adjustment in property liability premiums.

($33,401)

($33,401)

Reduce funds for operating expenses.

($8,230)

($8,230)

Reduce funds for personal services and hold one position vacant.

($193,565)

($193,565)

Amount appropriated in this Act

$4,475,276 $75,982,815

19.3. Youth Educational Services

Purpose: The purpose of this appropriation is to provide educational and vocational opportunities to atrisk youth through Youth Challenge Academies and Starbase programs.

Total Funds

$13,214,522

Federal Funds and Grants

$9,968,000

Federal Funds Not Specifically Identified

$9,968,000

TUESDAY, MARCH 5, 2013

2051

State Funds State General Funds

$3,246,522 $3,246,522

Section 20: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds

$63,756,923 $2,844,121 $2,844,121
$60,912,802 $60,912,802

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

$9,609,934

Other Funds

$500,857

Agency Funds

$500,857

State Funds

$9,109,077

State General Funds

$9,109,077

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,113,037 $9,613,894

Reduce funds to reflect an adjustment in property liability premiums.

($528)

($528)

Reduce funds for operating expenses.

($3,432)

($3,432)

Amount appropriated in this Act

$9,109,077 $9,609,934

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

$52,798,882

Other Funds

$1,827,835

Agency Funds

$1,827,835

State Funds

$50,971,047

State General Funds

$50,971,047

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$49,434,372 $51,262,207

Reduce funds to reflect an adjustment in property liability premiums.

($2,993)

($2,993)

2052

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation. Reduce funds for operating expenses. Increase funds for archival storage for Real ID implementation. Amount appropriated in this Act

$850,680 $200,000

$850,680 $200,000

($21,146) $510,134 $50,971,047

($21,146) $510,134 $52,798,882

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

$1,348,107

Other Funds

$515,429

Agency Funds

$515,429

State Funds

$832,678

State General Funds

$832,678

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$833,275 $1,348,704

Reduce funds for operating expenses.

($597)

($597)

Amount appropriated in this Act

$832,678 $1,348,107

Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds Child Care and Development Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds

$663,756,527 $307,323,388
$92,367,468 $92,440,670 $122,515,250
$197,874 $10,000
$187,874 $353,028,330 $299,232,510
$53,795,820

21.1. Child Care Services Purpose: The purpose of this appropriation is to regulate, license, and train child care providers; to

TUESDAY, MARCH 5, 2013

2053

support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities.

Total Funds

$214,618,958

Federal Funds and Grants

$160,808,138

CCDF Mandatory and Matching Funds

$92,367,468

Child Care and Development Block Grant

$68,440,670

Other Funds

$15,000

Agency Funds

$10,000

Other Funds - Not Specifically Identified

$5,000

State Funds

$53,795,820

State General Funds

$53,795,820

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$55,459,608 $219,379,959

Reduce funds for contractual services.

($200)

($200)

Replace a portion of the Chief Financial Officer's salary with existing federal funds.

($36,559)

($36,559)

Reduce funds for the Child Care Services program.

($1,627,029) ($4,724,242)

Amount appropriated in this Act

$53,795,820 $214,618,958

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

$121,997,250

Federal Funds and Grants

$121,997,250

Federal Funds Not Specifically Identified

$121,997,250

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

$299,450,510

Federal Funds and Grants

$218,000

Federal Funds Not Specifically Identified

$218,000

State Funds

$299,232,510

Lottery Funds

$299,232,510

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2054

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Increase funds for the employer share of the Federal Insurance Contributions Act (FICA) tax. Amount appropriated in this Act

State Funds $298,602,245
($95,011) $725,276

Total Funds $298,820,245
($95,011) $725,276

$299,232,510 $299,450,510

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

$27,689,809

Federal Funds and Grants

$24,300,000

Child Care and Development Block Grant

$24,000,000

Federal Funds Not Specifically Identified

$300,000

Other Funds

$182,874

Other Funds - Not Specifically Identified

$182,874

Section 22: Economic Development, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds

$39,968,844 $659,400 $659,400
$39,309,444 $33,059,987
$6,249,457

22.1. Departmental Administration

Purpose: The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state.

Total Funds

$3,959,092

State Funds

$3,959,092

State General Funds

$3,959,092

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,084,460 $4,084,460

Reduce funds to reflect an adjustment in property liability premiums.

$0

$0

Reflect an adjustment in telecommunications expenses.

($458)

($458)

Reduce funds for personal services and eliminate two vacant positions.

($74,350)

($74,350)

TUESDAY, MARCH 5, 2013

2055

Reduce funds for operating expenses. Amount appropriated in this Act

($50,560) $3,959,092

($50,560) $3,959,092

22.2. 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

$916,556

State Funds

$916,556

State General Funds

$916,556

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$955,165

$955,165

Reflect an adjustment in telecommunications expenses.

($36)

($36)

Reduce funds for marketing.

($38,573)

($38,573)

Amount appropriated in this Act

$916,556

$916,556

22.3. 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

22.4. 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

$10,127,005

State Funds

$10,127,005

State General Funds

$10,127,005

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2056

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds for marketing. Reduce funds for contractual services. Amount appropriated in this Act

State Funds $10,292,005
($100,000) ($65,000) $10,127,005

Total Funds $10,292,005
($100,000) ($65,000)
$10,127,005

22.5. Innovation and Technology

Purpose: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies.

Total Funds

$13,559,184

State Funds

$13,559,184

State General Funds

$7,309,727

Tobacco Settlement Funds

$6,249,457

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,347,266 $14,347,266

Reflect an adjustment in telecommunications expenses.

($95)

($95)

Reduce funds for the Georgia Research Alliance.

($200,000)

($200,000)

Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780).

($52,040)

($52,040)

Reduce funds for the Tumor Tissue Bank.

($124,595)

($124,595)

Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.

($411,352)

($411,352)

Amount appropriated in this Act

$13,559,184 $13,559,184

22.6. 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

$895,861

State Funds

$895,861

State General Funds

$895,861

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$916,860

$916,860

Reflect an adjustment in telecommunications expenses.

($131)

($131)

Reduce funds for operating expenses.

($20,868)

($20,868)

TUESDAY, MARCH 5, 2013

2057

Amount appropriated in this Act

$895,861

$895,861

22.7. 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

$9,150,960

State Funds

$9,150,960

State General Funds

$9,150,960

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,310,394 $9,310,394

Reflect an adjustment in telecommunications expenses.

($1,445)

($1,445)

Reduce funds for marketing.

($100,000)

($100,000)

Reduce funds for contractual services.

($19,882)

($19,882)

Reduce funds for personal services and eliminate two vacant positions.

($58,107)

($58,107)

Increase funds for the Civil War Commission.

$20,000

$20,000

Amount appropriated in this Act

$9,150,960 $9,150,960

The following appropriations are for agencies attached for administrative purposes.

22.8. 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

$122,097

State Funds

$122,097

State General Funds

$122,097

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$132,481

$132,481

Reduce funds for operating expenses.

($3,974)

($3,974)

Reduce funds for computer charges.

($6,410)

($6,410)

Amount appropriated in this Act

$122,097

$122,097

Section 23: Education, Department of Total Funds

$9,085,036,470

2058

JOURNAL OF THE HOUSE

Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$1,655,062,931 $1,655,062,931
$3,713,178 $3,713,178 $7,326,807,956 $7,326,807,956

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

$7,535,752

State Funds

$7,535,752

State General Funds

$7,535,752

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,650,509 $7,650,509

Reduce funds for operating expenses for Extended Day/Year ($90,377), Area Teacher ($44,647), Young Farmers ($80,051), and Youth Camps ($14,440).

($114,757)

($114,757)

Amount appropriated in this Act

$7,535,752 $7,535,752

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

$85,956,654

Federal Funds and Grants

$52,128,491

Federal Funds Not Specifically Identified

$52,128,491

Other Funds

$919,031

Other Funds - Not Specifically Identified

$919,031

State Funds

$29,496,910

State General Funds

$29,496,910

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$30,301,129 $86,760,873

TUESDAY, MARCH 5, 2013

2059

Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones. Reduce funds for the School Nurse Coordinator position based on projected expenditures. Reduce funds for commercial travel to reflect prior years' expenditures. Transfer funds to Georgia Public Telecommunications Commission for half of the Discovery Education contract. Reduce funds for personal services. Reduce funds for State Schools Administration based on prior year expenditures. Amount appropriated in this Act

($6,207) $3,448
($42,447) ($7,896)
($69,038)
($20,099)
($471,355)
($170,625) ($20,000)
$29,496,910

($6,207) $3,448
($42,447) ($7,896)
($69,038)
($20,099)
($471,355)
($170,625) ($20,000)
$85,956,654

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

$8,935,070

Federal Funds and Grants

$7,001,330

Federal Funds Not Specifically Identified

$7,001,330

State Funds

$1,933,740

State General Funds

$1,933,740

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,993,546 $8,994,876

Reduce funds for planning grants.

($5,000)

($5,000)

Reduce funds for facility grants.

($54,806)

($54,806)

Amount appropriated in this Act

$1,933,740 $8,935,070

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

$913,100

State Funds

$913,100

State General Funds

$913,100

2060

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 (HB 742)

$933,100

$933,100

Reduce funds for grants to local affiliates.

($20,000)

($20,000)

Amount appropriated in this Act

$913,100

$913,100

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

$1,144,837

State Funds

$1,144,837

State General Funds

$1,144,837

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,232,744 $1,232,744

Reduce funds for operating expenses.

($40,000)

($40,000)

Reduce funds for contractual services.

($47,907)

($47,907)

Amount appropriated in this Act

$1,144,837 $1,144,837

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

$1,072,513,107

Federal Funds and Grants

$976,472,924

Federal Funds Not Specifically Identified

$976,472,924

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

$6,300,860

Federal Funds and Grants

$6,300,860

Federal Funds Not Specifically Identified

$6,300,860

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.

TUESDAY, MARCH 5, 2013

2061

Total Funds

$5,935,767

Other Funds

$1,371,025

Other Funds - Not Specifically Identified

$1,371,025

State Funds

$4,564,742

State General Funds

$4,564,742

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,705,955 $6,076,980

Reduce funds to reflect an adjustment in property liability premiums.

($51)

($51)

Reflect an adjustment in telecommunications expenses.

$17

$17

Reduce funds for contractual services.

($141,179)

($141,179)

Amount appropriated in this Act

$4,564,742 $5,935,767

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 (HB 742)

$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

$939,814

State Funds

$939,814

State General Funds

$939,814

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$959,839

$959,839

Reduce funds to reflect an adjustment in property liability premiums.

($39)

($39)

Reflect an adjustment in telecommunications expenses.

$14

$14

2062

JOURNAL OF THE HOUSE

Reduce funds for operating expenses. Amount appropriated in this Act

($20,000) $939,814

($20,000) $939,814

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

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

$6,424,355

State Funds

$6,424,355

State General Funds

$6,424,355

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,462,668 $6,462,668

Reduce funds for Residential Treatment Centers.

($38,313)

($38,313)

Amount appropriated in this Act

$6,424,355 $6,424,355

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 (HB 742)

$22,593,223 $597,481,435

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 three- and fouryear-old students with disabilities so that they enter school better prepared to succeed.

TUESDAY, MARCH 5, 2013

2063

Total Funds State Funds State General Funds

$28,412,355 $28,412,355 $28,412,355

23.15. 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

23.16. 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

($1,704,005,354)

State Funds

($1,704,005,354)

State General Funds

($1,704,005,354)

The above amounts include the following adjustments, additions, and deletions to the previous

appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

($1,697,504,730) ($1,697,504,730)

Adjust funds for state special charter schools based on local five mill share.

($6,500,624) ($6,500,624)

Amount appropriated in this Act

($1,704,005,354) ($1,704,005,354)

23.17. 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

$8,350,249,357

State Funds

$8,350,249,357

State General Funds

$8,350,249,357

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,183,012,037 $8,183,012,037

Increase funds for a midterm adjustment for enrollment growth.

$167,087,739 $167,087,739

Provide funds for a misclassification of FTEs for Devereux Ackerman Academy-Residential Treatment Facility.

$149,581

$149,581

Amount appropriated in this Act

$8,350,249,357 $8,350,249,357

2064

JOURNAL OF THE HOUSE

23.18. 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

$8,425,704

State Funds

$8,425,704

State General Funds

$8,425,704

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,510,812 $8,510,812

Reduce funds for operating expenses.

($85,108)

($85,108)

Amount appropriated in this Act

$8,425,704 $8,425,704

23.19. 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

$5,105,485

State Funds

$5,105,485

State General Funds

$5,105,485

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,199,064 $5,199,064

Reduce funds to reflect an adjustment in property liability premiums.

($358)

($358)

Reflect an adjustment in telecommunications expenses.

$42

$42

Reduce funds for one vacant position.

($93,263)

($93,263)

Amount appropriated in this Act

$5,105,485 $5,105,485

23.20. 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

$70,021,997

Federal Funds and Grants

$7,908,992

Federal Funds Not Specifically Identified

$7,908,992

State Funds

$62,113,005

State General Funds

$62,113,005

TUESDAY, MARCH 5, 2013

2065

23.21. State Charter School Commission Administration

Purpose: The purpose of this appropriation is to focus on 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.

Total Funds

$130,000

State Funds

$130,000

State General Funds

$130,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Provide start-up funds for administrative support for the State Charter School Commission.

$130,000

$130,000

Amount appropriated in this Act

$130,000

$130,000

23.22. 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 post-secondary vocational education agency.

Total Funds

$12,056,305

Federal Funds and Grants

$3,958,342

Federal Funds Not Specifically Identified

$3,958,342

State Funds

$8,097,963

State General Funds

$8,097,963

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,497,963 $12,456,305

Reduce funds to reflect projected transfers to the Teachers Retirement System.

($400,000)

($400,000)

Amount appropriated in this Act

$8,097,963 $12,056,305

23.23. State Schools

Purpose: The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development.

Total Funds

$25,652,280

Other Funds

$1,423,122

Other Funds - Not Specifically Identified

$1,423,122

State Funds

$24,229,158

2066

JOURNAL OF THE HOUSE

State General Funds

$24,229,158

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$24,244,124 $25,667,246

Reduce funds to reflect an adjustment in property liability premiums.

($16,113)

($16,113)

Reflect an adjustment in telecommunications expenses.

$1,147

$1,147

Amount appropriated in this Act

$24,229,158 $25,652,280

23.24. 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

$29,861,188

Federal Funds and Grants

$16,012,923

Federal Funds Not Specifically Identified

$16,012,923

State Funds

$13,848,265

State General Funds

$13,848,265

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,059,152 $30,072,075

Reduce funds.

($210,887)

($210,887)

Amount appropriated in this Act

$13,848,265 $29,861,188

23.25. 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

$23,870,066

Federal Funds and Grants

$10,390,857

Federal Funds Not Specifically Identified

$10,390,857

State Funds

$13,479,209

State General Funds

$13,479,209

23.26. 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 multihandicapped student.

Total Funds

$1,551,946

State Funds

$1,551,946

State General Funds

$1,551,946

TUESDAY, MARCH 5, 2013

2067

Section 24: Employees' Retirement System Total Funds Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments

$48,253,922 $3,508,813 $3,508,813
$26,532,022 $26,532,022 $18,213,087 $18,213,087

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 the deferred compensation program for all employees of the state, giving them an effective supplement for their retirement planning.

Total Funds

$3,508,813

Other Funds

$3,508,813

Agency Funds

$3,508,813

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

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

$24,829,000

State Funds

$24,829,000

State General Funds

$24,829,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2068

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Increase funds reduced in HB 742 (2012 session) to fully fund the annual required contribution for FY 2013. Amount appropriated in this Act

State Funds $24,729,000
$100,000
$24,829,000

Total Funds $24,729,000
$100,000
$24,829,000

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

$18,213,087

Intra-State Government Transfers

$18,213,087

Retirement Payments

$18,213,087

Section 25: Forestry Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$42,865,189 $5,994,473 $5,994,473 $6,833,695 $474,661 $6,359,034
$29,987,021 $29,987,021
$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

$3,440,533

Federal Funds and Grants

$48,800

Federal Funds Not Specifically Identified

$48,800

Other Funds

$76,288

Agency Funds

$46,016

Other Funds - Not Specifically Identified

$30,272

State Funds

$3,315,445

State General Funds

$3,315,445

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2069

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for personal services to reflect projected expenditures. Amount appropriated in this Act

State Funds $3,371,335
($7,684) $3,424
($51,630) $3,315,445

Total Funds $3,496,423
($7,684) $3,424
($51,630) $3,440,533

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

$6,724,494

Federal Funds and Grants

$3,565,275

Federal Funds Not Specifically Identified

$3,565,275

Other Funds

$1,027,732

Agency Funds

$428,645

Other Funds - Not Specifically Identified

$599,087

State Funds

$2,081,487

State General Funds

$2,081,487

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 (HB 742)

$2,132,169 $6,775,176

Reflect an adjustment in telecommunications expenses.

$804

$804

Replace state funds with existing federal funds to support one position.

($51,486)

($51,486)

Amount appropriated in this Act

$2,081,487 $6,724,494

25.3. Forest Protection
Purpose: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection through cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide

2070

JOURNAL OF THE HOUSE

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

$31,493,082

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

$24,590,089

State General Funds

$24,590,089

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$24,937,379 $31,840,372

Reflect an adjustment in telecommunications expenses.

$7,571

$7,571

Reduce funds for personal services to reflect projected expenditures.

($252,280)

($252,280)

Reduce funds for operating expenses.

($31,273)

($31,273)

Reduce funds for motor vehicle purchases.

($71,308)

($71,308)

Amount appropriated in this Act

$24,590,089 $31,493,082

25.4. Tree Seedling Nursery

Purpose: The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

Total Funds

$1,207,080

Federal Funds and Grants

$133,717

Federal Funds Not Specifically Identified

$133,717

Other Funds

$1,073,363

Other Funds - Not Specifically Identified

$1,073,363

Section 26: Governor, Office of the Total Funds Federal Funds and Grants Child Care and Development Block Grant Preventive Health and Health Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$168,928,124 $112,378,204
$40,015 $200,470 $3,814,350 $108,323,369 $2,323,134 $2,323,134 $54,226,786 $54,226,786

TUESDAY, MARCH 5, 2013

2071

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

$20,233,401

State Funds

$20,233,401

State General Funds

$20,233,401

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$22,578,261 $22,578,261

Reduce funds for the Unemployment Trust Fund loan by $2,344,860 from $19,108,685 to $16,763,825 to reflect the actual need for the interest payment due September 30, 2012.

($2,344,860) ($2,344,860)

Amount appropriated in this Act

$20,233,401 $20,233,401

26.2. Governor's Office

Purpose: The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per O.C.G.A. 45-7-4 shall be $40,000.

Total Funds

$5,964,805

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$5,864,805

State General Funds

$5,864,805

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,987,885 $6,087,885

Reflect an adjustment in telecommunications expenses.

$56,557

$56,557

Reduce funds for operating expenses.

($179,637)

($179,637)

Amount appropriated in this Act

$5,864,805 $5,964,805

2072

JOURNAL OF THE HOUSE

26.3. Governor's Office of Planning and Budget

Purpose: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies.

Total Funds

$7,840,179

State Funds

$7,840,179

State General Funds

$7,840,179

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,043,611 $8,043,611

Reduce funds to reflect an adjustment in property liability premiums.

($299)

($299)

Reflect an adjustment in telecommunications expenses.

$38,175

$38,175

Reduce funds for operating expenses.

($228,808)

($228,808)

Reduce funds for the American Indian Council Contract.

($12,500)

($12,500)

Amount appropriated in this Act

$7,840,179 $7,840,179

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

$896,352

Federal Funds and Grants

$89,558

Federal Funds Not Specifically Identified

$89,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

State Funds

$806,769

State General Funds

$806,769

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$841,704

$931,287

Reflect an adjustment in telecommunications expenses.

$1,779

$1,779

Reduce funds for operating expenses.

($14,251)

($14,251)

Reduce funds for computer charges.

($2,000)

($2,000)

Reduce funds for contractual services.

($9,000)

($9,000)

Reduce funds for personal services.

($11,463)

($11,463)

Amount appropriated in this Act

$806,769

$896,352

TUESDAY, MARCH 5, 2013

2073

26.5. Children and Families, Governor's Office for

Purpose: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

Total Funds

$11,275,107

Federal Funds and Grants

$8,416,066

Preventive Health and Health Services Block Grant

$200,470

Temporary Assistance for Needy Families Block Grant

$3,814,350

Federal Funds Not Specifically Identified

$4,401,246

State Funds

$2,859,041

State General Funds

$2,859,041

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,906,072 $11,121,668

Reflect an adjustment in telecommunications expenses.

$40,151

$40,151

Reduce funds for community strategy grants.

($87,182)

($87,182)

Recognize the Preventive Health and Health Services Block Grant funds for sexual assault centers.

$0

$200,470

Amount appropriated in this Act

$2,859,041 $11,275,107

26.6. Emergency Management Agency, Georgia

Purpose: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events, and to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

Total Funds

$32,573,905

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

$2,062,867

State General Funds

$2,062,867

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,108,027 $32,619,065

Reduce funds to reflect an adjustment in property liability premiums.

($1,144)

($1,144)

Reflect an adjustment in telecommunications expenses.

$19,225

$19,225

Reduce funds for personal services and eliminate one position.

($45,227)

($45,227)

2074

JOURNAL OF THE HOUSE

Reduce funds for communications. Reduce funds for the Civil Air Patrol contract. Amount appropriated in this Act

($1,851) ($16,163) $2,062,867

($1,851) ($16,163) $32,573,905

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

$868,816

Federal Funds and Grants

$395,550

Federal Funds Not Specifically Identified

$395,550

State Funds

$473,266

State General Funds

$473,266

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$473,461

$869,011

Reduce funds to reflect an adjustment in property liability premiums.

($13)

($13)

Reflect an adjustment in telecommunications expenses.

($182)

($182)

Amount appropriated in this Act

$473,266

$868,816

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

$6,187,582

Federal Funds and Grants

$411,930

Child Care and Development Block Grant

$40,015

Federal Funds Not Specifically Identified

$371,915

Other Funds

$500

Other Funds - Not Specifically Identified

$500

State Funds

$5,775,152

State General Funds

$5,775,152

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,954,848 $6,367,278

Reflect an adjustment in telecommunications expenses.

$2,163

$2,163

Reduce funds for operating expenses.

($50,645)

($50,645)

Reduce funds for contractual services.

($71,000)

($71,000)

TUESDAY, MARCH 5, 2013

2075

Reduce funds for computer charges. Reduce funds for telecommunications. Amount appropriated in this Act

($57,000) ($3,214)
$5,775,152

($57,000) ($3,214)
$6,187,582

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 Business Practices Act and other related consumer protection statutes.

Total Funds

$6,788,257

Other Funds

$1,414,753

Other Funds - Not Specifically Identified

$1,414,753

State Funds

$5,373,504

State General Funds

$5,373,504

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,682,565 $7,097,318

Reduce funds to reflect an adjustment in property liability premiums.

($126)

($126)

Reflect an adjustment in telecommunications expenses.

($138,458)

($138,458)

Reduce funds for personal services and operating expenses.

($170,477)

($170,477)

Amount appropriated in this Act

$5,373,504 $6,788,257

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

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

$555,303

State Funds

$555,303

State General Funds

$555,303

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$572,486

$572,486

Reduce funds to reflect an adjustment in property liability premiums.

($8)

($8)

2076

JOURNAL OF THE HOUSE

Reduce funds for personal services and operating expenses. Amount appropriated in this Act

($17,175) $555,303

($17,175) $555,303

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

$2,382,499

State Funds

$2,382,499

State General Funds

$2,382,499

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,455,543 $2,455,543

Reflect an adjustment in telecommunications expenses.

$622

$622

Reduce funds for personal services.

($63,666)

($63,666)

Reduce funds for contractual services.

($10,000)

($10,000)

Amount appropriated in this Act

$2,382,499 $2,382,499

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 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 Prior Year Funds - Other State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers

$1,554,556,098 $994,563,420 $1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614 $60,867,092 $53,771,331 $9,551,600 $321,190,139 $396,938,127 $64,333,037 $2,841,500 $60,762,024 $729,513 $491,050,807 $484,859,001 $6,191,806 $4,608,834

TUESDAY, MARCH 5, 2013

2077

Other Intra-State Government Payments

$4,608,834

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

$87,753,710

Federal Funds and Grants

$53,449,931

Temporary Assistance for Needy Families Block Grant

$16,400,000

Federal Funds Not Specifically Identified

$37,049,931

Other Funds

$46,500

Other Funds - Not Specifically Identified

$46,500

State Funds

$34,257,279

State General Funds

$34,257,279

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

$15,691,720

Federal Funds and Grants

$15,691,720

Temporary Assistance for Needy Families Block Grant

$15,500,000

Federal Funds Not Specifically Identified

$191,720

2078

JOURNAL OF THE HOUSE

27.3. Child Care Licensing

Purpose: The purpose of this appropriation is to protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers.

Total Funds

$2,153,794

Federal Funds and Grants

$619,263

Foster Care Title IV-E

$619,263

State Funds

$1,534,531

State General Funds

$1,534,531

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,581,992 $2,220,406

Reduce funds for one vacant surveyor position.

($47,461)

($66,612)

Amount appropriated in this Act

$1,534,531 $2,153,794

27.4. 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

$9,082,178

Federal Funds and Grants

$9,082,178

Child Care and Development Block Grant

$9,082,178

27.5. Child Support Services

Purpose: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

Total Funds

$97,106,598

Federal Funds and Grants

$69,935,478

Social Services Block Grant

$120,000

Federal Funds Not Specifically Identified

$69,815,478

Other Funds

$2,841,500

Agency Funds

$2,841,500

State Funds

$23,933,860

State General Funds

$23,933,860

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 (HB 742)

$24,606,037 $99,083,589

Eliminate 35 vacant positions.

($526,670) ($1,549,029)

TUESDAY, MARCH 5, 2013

2079

Reduce funds for operating expenses. Amount appropriated in this Act

($145,507) $23,933,860

($427,962) $97,106,598

27.6. Child Welfare Services

Purpose: The purpose of this appropriation is to investigate allegations of child abuse, abandonment, and neglect, and to provide services to protect the child and strengthen the family.

Total Funds

$248,898,658

Federal Funds and Grants

$147,919,258

CCDF Mandatory and Matching Funds

$189,956

Foster Care Title IV-E

$29,203,771

Medical Assistance Program

$159,050

Social Services Block Grant

$9,089,845

Temporary Assistance for Needy Families Block Grant

$80,600,000

Federal Funds Not Specifically Identified

$28,676,636

Other Funds

$8,500,000

Other Funds - Not Specifically Identified

$8,500,000

State Funds

$92,366,911

State General Funds

$92,366,911

Intra-State Government Transfers

$112,489

Other Intra-State Government Payments

$112,489

27.7. Child Welfare Services - Special Project Purpose: The purpose of this appropriation is to increase funds for Child Advocacy Centers. Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant

$250,000 $250,000 $250,000

27.8. Community Services

Purpose: The purpose of this appropriation is to provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services.

Total Funds

$15,884,951

Federal Funds and Grants

$15,884,951

Community Service Block Grant

$15,884,951

27.9. Departmental Administration

Purpose: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia.

Total Funds

$99,157,311

Federal Funds and Grants

$47,041,845

CCDF Mandatory and Matching Funds

$1,118,705

2080

JOURNAL OF THE HOUSE

Child Care and Development Block Grant

$209,161

Community Service Block Grant

$92,976

Foster Care Title IV-E

$5,590,134

Low-Income Home Energy Assistance

$200,000

Medical Assistance Program

$4,437,952

Social Services Block Grant

$2,539,375

Temporary Assistance for Needy Families Block Grant

$8,095,249

Federal Funds Not Specifically Identified

$24,758,293

Other Funds

$11,187,482

Other Funds - Not Specifically Identified

$11,187,482

State Funds

$36,827,399

State General Funds

$36,827,399

Intra-State Government Transfers

$4,100,585

Other Intra-State Government Payments

$4,100,585

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$37,586,501 $100,242,736

Reduce funds to reflect an adjustment in property liability premiums.

($8,906)

($8,906)

Reflect an adjustment in telecommunications expenses.

($1,475,827) ($1,475,827)

Reduce funds for personal services.

($339,543)

($339,543)

Reduce funds for operating expenses.

($86,266)

($102,038)

Reduce funds for computer charges.

($81,110)

($112,653)

Reduce funds for contractual services in information technology.

($717,450)

($996,458)

Reduce funds for Liberty County DFCS office rent.

($50,000)

($50,000)

Reflect an adjustment in telecommunications expenses.

$2,000,000 $2,000,000

Amount appropriated in this Act

$36,827,399 $99,157,311

27.10. Elder Abuse Investigations and Prevention

Purpose: The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred.

Total Funds

$17,730,036

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

$14,156,603

State General Funds

$14,156,603

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2081

Amount from prior Appropriation Act (HB 742) Reduce funds for personal services. Amount appropriated in this Act

State Funds $14,212,422
($55,819) $14,156,603

Total Funds $17,785,855
($55,819) $17,730,036

27.11. Elder Community Living Services

Purpose: The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$110,565,064

Federal Funds and Grants

$41,416,802

Medical Assistance Program

$13,765,259

Social Services Block Grant

$3,761,430

Federal Funds Not Specifically Identified

$23,890,113

State Funds

$69,148,262

State General Funds

$64,074,385

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 (HB 742)

$71,786,918 $113,203,720

Reduce funds to reflect a revised expenditure projection for the Community Care Services Program.

($2,638,656) ($2,638,656)

Amount appropriated in this Act

$69,148,262 $110,565,064

27.12. Elder Support Services

Purpose: The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services.

Total Funds

$8,720,517

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

27.13. Energy Assistance

Purpose: The purpose of this appropriation is to assist low-income households in meeting their

immediate home energy needs.

Total Funds

$51,201,001

Federal Funds and Grants

$51,201,001

2082

JOURNAL OF THE HOUSE

Low-Income Home Energy Assistance

$51,201,001

27.14. Family Violence Services

Purpose: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

Total Funds

$13,885,494

Federal Funds and Grants

$2,083,044

Federal Funds Not Specifically Identified

$2,083,044

State Funds

$11,802,450

State General Funds

$11,802,450

27.15. Federal Eligibility Benefit Services

Purpose: The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF).

Total Funds

$239,684,861

Federal Funds and Grants

$126,313,967

Child Care and Development Block Grant

$900,000

Foster Care Title IV-E

$2,882,030

Low-Income Home Energy Assistance

$365,613

Medical Assistance Program

$40,832,012

Temporary Assistance for Needy Families Block Grant

$19,628,860

Federal Funds Not Specifically Identified

$61,705,452

Other Funds

$10,234,164

Other Funds - Not Specifically Identified

$10,234,164

State Funds

$103,136,730

State General Funds

$103,136,730

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$103,489,119 $240,037,250

Reflect an adjustment in telecommunications expenses.

($352,389)

($352,389)

Amount appropriated in this Act

$103,136,730 $239,684,861

27.16. 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

$61,768,742

Federal Funds and Grants

$61,768,742

TUESDAY, MARCH 5, 2013

2083

Social Services Block Grant Temporary Assistance for Needy Families Block Grant

$35,981,142 $25,787,600

27.17. 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

$194,115,886

Federal Funds and Grants

$126,528,773

Foster Care Title IV-E

$34,705,392

Temporary Assistance for Needy Families Block Grant

$91,734,359

Federal Funds Not Specifically Identified

$89,022

State Funds

$67,587,113

State General Funds

$67,587,113

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$67,637,113 $194,165,886

Reduce funds added in HB 742 (2012 Session) for KidsPeace.

($50,000)

($50,000)

Utilize surplus Temporary Assistance for Needy Families (TANF) funds for increase in out-of-home care utilization.(G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$67,587,113 $194,115,886

27.18. 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

27.19. 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

2084

JOURNAL OF THE HOUSE

27.20. Support for Needy Families - Work Assistance

Purpose: The purpose of this appropriation is to assist needy Georgian families in achieving selfsufficiency 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 following appropriations are for agencies attached for administrative purposes.

27.21. 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

$198,973

State Funds

$198,973

State General Funds

$198,973

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$205,127

$205,127

Reduce funds for personal services.

($6,154)

($6,154)

Amount appropriated in this Act

$198,973

$198,973

27.22. 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

$9,677,967

Federal Funds and Grants

$1,172,819

Medical Assistance Program

$1,172,819

State Funds

$8,505,148

State General Funds

$8,505,148

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,032,225 $9,754,007

Eliminate two vacant administrative positions.

($76,040)

($76,040)

Replace state funds with federal funds.

($451,037)

$0

Amount appropriated in this Act

$8,505,148 $9,677,967

TUESDAY, MARCH 5, 2013

2085

27.23. 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

$2,579,279

Federal Funds and Grants

$2,311,624

Federal Funds Not Specifically Identified

$2,311,624

State Funds

$267,655

State General Funds

$267,655

27.24. 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

$3,584,270

Federal Funds and Grants

$2,335,411

Federal Funds Not Specifically Identified

$2,335,411

State Funds

$1,248,859

State General Funds

$1,248,859

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,401,526 $3,736,937

Reduce funds for personal services.

($152,667)

($152,667)

Amount appropriated in this Act

$1,248,859 $3,584,270

27.25. 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

27.26. 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

$11,099,375

Prior Year Funds - Other

$729,513

2086

JOURNAL OF THE HOUSE

27.27. 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

$36,511,860

Federal Funds and Grants

$6,994,089

Federal Funds Not Specifically Identified

$6,994,089

Other Funds

$18,888,287

Other Funds - Not Specifically Identified

$18,888,287

State Funds

$10,629,484

State General Funds

$10,629,484

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,484,053 $31,366,429

Transfer funds from the Vocational Rehabilitation program to align budget with expenditures for vocational rehabilitation services.

$145,431

$145,431

Adjust funds based on projected expenditures.

$5,000,000 $5,000,000

Amount appropriated in this Act

$10,629,484 $36,511,860

27.28. 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

$78,968,670

Federal Funds and Grants

$65,667,153

Federal Funds Not Specifically Identified

$65,667,153

Other Funds

$806,216

Other Funds - Not Specifically Identified

$806,216

State Funds

$12,495,301

State General Funds

$12,495,301

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$13,031,299 $79,504,668

Reduce funds for personal services.

($390,567)

($390,567)

Transfer funds to the Roosevelt Warm Springs Institute program to align budget with expenditures for vocational rehabilitation services.

($145,431)

($145,431)

Amount appropriated in this Act

$12,495,301 $78,968,670

Section 28: Insurance, Office of the Commission of Total Funds

$21,189,143

TUESDAY, MARCH 5, 2013

2087

Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$2,126,966 $2,126,966
$97,232 $81,806 $15,426 $18,964,945 $18,964,945

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

$1,707,714

State Funds

$1,707,714

State General Funds

$1,707,714

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,699,506 $1,699,506

Reduce funds to reflect an adjustment in property liability premiums.

($397)

($397)

Reflect an adjustment in telecommunications expenses.

$8,605

$8,605

Amount appropriated in this Act

$1,707,714 $1,707,714

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

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

$8,218,538

Federal Funds and Grants

$1,123,107

Federal Funds Not Specifically Identified

$1,123,107

Other Funds

$97,232

Agency Funds

$81,806

2088

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$15,426

State Funds

$6,998,199

State General Funds

$6,998,199

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,403,077 $8,623,416

Reduce funds for personal services.

($223,667)

($223,667)

Eliminate the contract with the Department of Labor for information technology services.

($28,047)

($28,047)

Reduce funds for operating expenses.

($8,332)

($8,332)

Reduce funds to align budget with expenditures.

($144,832)

($144,832)

Amount appropriated in this Act

$6,998,199 $8,218,538

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

28.5. Insurance Regulation

Purpose: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

Total Funds

$5,835,694

Federal Funds and Grants

$1,003,859

Federal Funds Not Specifically Identified

$1,003,859

State Funds

$4,831,835

State General Funds

$4,831,835

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,037,835 $6,041,694

Reduce funds for personal services.

($206,000)

($206,000)

Amount appropriated in this Act

$4,831,835 $5,835,694

TUESDAY, MARCH 5, 2013

2089

28.6. Special Fraud

Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

Total Funds

$4,037,712

State Funds

$4,037,712

State General Funds

$4,037,712

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,437,712 $3,437,712

Increase funds to reflect assessments on insurance providers for additional fraud detection coverage.

$600,000

$600,000

Amount appropriated in this Act

$4,037,712 $4,037,712

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

$128,969,124 $27,148,061 $27,148,061 $22,487,237 $22,487,237 $79,333,826 $79,333,826

29.1. Bureau Administration

Purpose: The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property.

Total Funds

$8,297,697

Federal Funds and Grants

$30,000

Federal Funds Not Specifically Identified

$30,000

State Funds

$8,267,697

State General Funds

$8,267,697

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,275,139 $7,305,139

Reduce funds to reflect an adjustment in property liability premiums.

($5,928)

($5,928)

Reflect an adjustment in telecommunications expenses.

$1,048,486 $1,048,486

Reduce funds for personal services. (CC:YES)

($50,000)

($50,000)

Amount appropriated in this Act

$8,267,697 $8,297,697

2090

JOURNAL OF THE HOUSE

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

$10,296,523

Federal Funds and Grants

$181,425

Federal Funds Not Specifically Identified

$181,425

Other Funds

$5,574,412

Other Funds - Not Specifically Identified

$5,574,412

State Funds

$4,540,686

State General Funds

$4,540,686

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,153,521 $10,314,319

Reduce funds to reflect an adjustment in property liability premiums.

($17,796)

($17,796)

Replace state funds with other funds for operations to reflect revised

($1,115,039)

$0

revenue projections.

Replace state funds with additional anticipated revenues from fingerprint fees for operations.

($480,000)

$0

Amount appropriated in this Act

$4,540,686 $10,296,523

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

$26,901,323

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

$26,662,327

State General Funds

$26,662,327

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$26,558,210 $26,797,206

Reduce funds to reflect an adjustment in property liability premiums.

($99,828)

($99,828)

TUESDAY, MARCH 5, 2013

2091

Reflect an adjustment in telecommunications expenses. Reduce funds for personal services. Amount appropriated in this Act

$300,000 ($96,055) $26,662,327

$300,000 ($96,055) $26,901,323

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

$29,843,681

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

$28,398,116

State General Funds

$28,398,116

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$28,244,689 $29,690,254

Reduce funds to reflect an adjustment in property liability premiums.

($18,444)

($18,444)

Reflect an adjustment in telecommunications expenses.

$300,000

$300,000

Reduce funds for personal services.

($109,503)

($109,503)

Reduce funds for telecommunications by eliminating landlines for employees who have business cell phones.

($18,626)

($18,626)

Amount appropriated in this Act

$28,398,116 $29,843,681

The following appropriations are for agencies attached for administrative purposes.

29.5. Criminal Justice Coordinating Council

Purpose: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants.

Total Funds

$53,629,900

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

$11,465,000

State General Funds

$11,465,000

2092

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 (HB 742)

$11,984,709 $54,149,609

Reflect an adjustment in telecommunications expenses.

$4,008

$4,008

Reduce funds for temporary labor.

($10,531)

($10,531)

Reduce funds to reflect projected Accountability Court expenditures.

($513,186)

($513,186)

Amount appropriated in this Act

$11,465,000 $53,629,900

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

$299,337,798 $1,524,955 $1,524,955 $5,346,927 $5,346,927
$292,465,916 $292,465,916

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 residential placement, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management.

Total Funds

$84,289,944

Other Funds

$1,724,638

Other Funds - Not Specifically Identified

$1,724,638

State Funds

$82,565,306

State General Funds

$82,565,306

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$88,760,377 $90,485,015

Reduce funds to reflect an adjustment in property liability premiums.

($2,315)

($2,315)

Reflect an adjustment in telecommunications expenses.

$189,496

$189,496

Eliminate funds for contracts in low utilization programs.

($4,881,867) ($4,881,867)

TUESDAY, MARCH 5, 2013

2093

Reduce funds for contracts by switching 114 non-secure detention monitoring slots not in independent court districts to active GPS monitoring.
Reduce funds for personal services. Reflect a change in the purpose statement. (CC:YES)
Amount appropriated in this Act

($696,811)

($696,811)

($803,574) $0
$82,565,306

($803,574) $0
$84,289,944

30.2. 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

$27,414,054

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

$26,864,172

State General Funds

$26,864,172

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$26,944,170 $27,494,052

Reduce funds to reflect an adjustment in property liability premiums.

($6,693)

($6,693)

Reflect an adjustment in telecommunications expenses.

$227,725

$227,725

Reduce funds for personal services.

($301,030)

($301,030)

Amount appropriated in this Act

$26,864,172 $27,414,054

30.3. 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

$82,976,377

Federal Funds and Grants

$1,089,360

Federal Funds Not Specifically Identified

$1,089,360

Other Funds

$1,578,199

Other Funds - Not Specifically Identified

$1,578,199

State Funds

$80,308,818

State General Funds

$80,308,818

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2094

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses related to education services at multiple YDCs. Eliminate two recreation staff positions at Eastman YDC. Reduce funds for personal services. Amount appropriated in this Act

State Funds $81,513,332
($45,066) $83,371
($483,670)
($29,575) ($729,574) $80,308,818

Total Funds $84,180,891
($45,066) $83,371
($483,670)
($29,575) ($729,574) $82,976,377

30.4. 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

$104,657,423

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

$102,727,620

State General Funds

$102,727,620

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$103,529,255 $105,459,058

Reduce funds to reflect an adjustment in property liability premiums.

($46,118)

($46,118)

Reflect an adjustment in telecommunications expenses.

$111,080

$111,080

Reduce funds for personal services.

($866,597)

($866,597)

Amount appropriated in this Act

$102,727,620 $104,657,423

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

$136,160,509 $122,284,919 $122,284,919
$13,735,317 $13,735,317
$140,273 $140,273

TUESDAY, MARCH 5, 2013

2095

31.1. 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

$32,804,813

Federal Funds and Grants

$31,312,292

Federal Funds Not Specifically Identified

$31,312,292

State Funds

$1,352,248

State General Funds

$1,352,248

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 (HB 742)

$1,818,382 $33,270,947

Reduce funds to reflect an adjustment in property liability premiums.

($5,590)

($5,590)

Reflect an adjustment in telecommunications expenses.

($1,877)

($1,877)

Reduce funds for personal services and eliminate one filled position.

($171,736)

($171,736)

Reduce funds for operating expenses.

($286,931)

($286,931)

Amount appropriated in this Act

$1,352,248 $32,804,813

31.2. 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

31.3. Unemployment Insurance

Purpose: The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants.

Total Funds

$54,962,877

Federal Funds and Grants

$49,173,186

Federal Funds Not Specifically Identified

$49,173,186

State Funds

$5,789,691

State General Funds

$5,789,691

31.4. 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.

2096

JOURNAL OF THE HOUSE

Total Funds

$46,142,946

Federal Funds and Grants

$39,549,568

Federal Funds Not Specifically Identified

$39,549,568

State Funds

$6,593,378

State General Funds

$6,593,378

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,798,338 $46,347,906

Reflect an adjustment in telecommunications expenses.

($1,010)

($1,010)

Eliminate funds for four filled positions.

($203,950)

($203,950)

Amount appropriated in this Act

$6,593,378 $46,142,946

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

$59,753,206 $3,597,990 $3,597,990
$37,377,433 $37,377,433 $18,777,783 $18,777,783

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

$55,022,264

Other Funds

$37,375,322

Other Funds - Not Specifically Identified

$37,375,322

State Funds

$17,646,942

State General Funds

$17,646,942

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$17,702,607 $55,077,929

Reduce funds to reflect an adjustment in property liability premiums.

($269)

($269)

Reflect an adjustment in telecommunications expenses.

($55,396)

($55,396)

Amount appropriated in this Act

$17,646,942 $55,022,264

TUESDAY, MARCH 5, 2013

2097

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

$4,730,942

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

$1,130,841

State General Funds

$1,130,841

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,135,658 $4,735,759

Reflect an adjustment in telecommunications expenses.

($4,817)

($4,817)

Amount appropriated in this Act

$1,130,841 $4,730,942

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 State General Funds

$251,338,962 $54,101,622 $11,607 $54,090,015
$107,309,338 $24,259,164 $82,946,261 $103,913 $89,928,002 $89,928,002

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,

2098

JOURNAL OF THE HOUSE

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

$6,622,996

Federal Funds and Grants

$4,470,663

Federal Funds Not Specifically Identified

$4,470,663

Other Funds

$110,329

Other Funds - Not Specifically Identified

$110,329

State Funds

$2,042,004

State General Funds

$2,042,004

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,114,490 $6,695,482

Reflect an adjustment in telecommunications expenses.

$17,212

$17,212

Replace state funds with existing federal funds for operating expenses.

($69,698)

($69,698)

Reduce funds for operating expenses.

($20,000)

($20,000)

Amount appropriated in this Act

$2,042,004 $6,622,996

33.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$11,606,222

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

$11,457,157

State General Funds

$11,457,157

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$11,559,274 $11,708,339

Reduce funds to reflect an adjustment in property liability premiums.

($147,804)

($147,804)

Reflect an adjustment in telecommunications expenses.

$91,583

$91,583

Reduce funds for operating expenses.

($45,896)

($45,896)

Amount appropriated in this Act

$11,457,157 $11,606,222

TUESDAY, MARCH 5, 2013

2099

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

$114,919,334

Federal Funds and Grants

$32,861,619

Federal Funds Not Specifically Identified

$32,861,619

Other Funds

$56,778,515

Agency Funds

$24,259,164

Other Funds - Not Specifically Identified

$32,519,351

State Funds

$25,279,200

State General Funds

$25,279,200

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$25,928,053 $115,568,187

Reduce funds to reflect an adjustment in property liability premiums.

($4,148)

($4,148)

Reflect an adjustment in telecommunications expenses.

$201,686

$201,686

Reduce funds for personal services and eliminate six vacant positions.

($606,391)

($606,391)

Reduce funds for contracts.

($240,000)

($240,000)

Amount appropriated in this Act

$25,279,200 $114,919,334

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:

2100

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742)
Retain 100% of funds and utilize for clean-up activities, local government reimbursement requests, and operating expenses. (CC:YES)
Amount appropriated in this Act

State Funds $3,397,423
$0

Total Funds $3,397,423
$0

$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

$2,320,413

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

$1,299,626

State General Funds

$1,299,626

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,306,663 $2,327,450

Reflect an adjustment in telecommunications expenses.

$11,279

$11,279

Replace state funds with existing federal funds for personal services.

($18,316)

($18,316)

Amount appropriated in this Act

$1,299,626 $2,320,413

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

$56,570,747

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

$13,385,764

State General Funds

$13,385,764

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$13,696,318 $56,881,301

TUESDAY, MARCH 5, 2013

2101

Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Reduce funds for personal services and eliminate two filled positions. Amount appropriated in this Act

$108,177 ($62,073) ($356,658) $13,385,764

$108,177 ($62,073) ($356,658) $56,570,747

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

$1,865,775

State Funds

$1,865,775

State General Funds

$1,865,775

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,923,479 $1,923,479

Reduce funds for operating expenses.

($57,704)

($57,704)

Amount appropriated in this Act

$1,865,775 $1,865,775

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

$53,824,159

Federal Funds and Grants

$13,837,944

Federal Funds Not Specifically Identified

$13,837,944

2102

JOURNAL OF THE HOUSE

Other Funds

$8,785,162

Other Funds - Not Specifically Identified

$8,785,162

State Funds

$31,201,053

State General Funds

$31,201,053

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$32,129,399 $54,752,505

Reflect an adjustment in telecommunications expenses.

$274,648

$274,648

Reduce funds for personal services, and eliminate two filled positions and three vacant positions.

($625,934)

($625,934)

Replace state funds with existing federal funds.

($251,298)

($251,298)

Reduce funds for operating expenses.

($325,762)

($325,762)

Amount appropriated in this Act

$31,201,053 $53,824,159

Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$53,878,492 $806,050 $806,050
$53,072,442 $53,072,442

34.1. Board Administration

Purpose: The purpose of this appropriation is to provide administrative support for the agency.

Total Funds

$4,776,712

State Funds

$4,776,712

State General Funds

$4,776,712

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,952,894 $4,952,894

Reduce funds to reflect an adjustment in property liability premiums.

($1,092)

($1,092)

Reflect an adjustment in telecommunications expenses.

($7,085)

($7,085)

Reduce funds for computer expenses.

($168,005)

($168,005)

Amount appropriated in this Act

$4,776,712 $4,776,712

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.

TUESDAY, MARCH 5, 2013

2103

Total Funds

$11,601,066

State Funds

$11,601,066

State General Funds

$11,601,066

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$11,610,330 $11,610,330

Reflect an adjustment in telecommunications expenses.

($1,134)

($1,134)

Reduce funds for personal services.

($43,000)

($43,000)

Transfer funds and two positions from the Parole Supervision program to support the transition center max-out initiative.

$34,870

$34,870

Amount appropriated in this Act

$11,601,066 $11,601,066

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

$37,050,013

Federal Funds and Grants

$806,050

Federal Funds Not Specifically Identified

$806,050

State Funds

$36,243,963

State General Funds

$36,243,963

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$36,867,564 $37,673,614

Reflect an adjustment in telecommunications expenses.

($19,837)

($19,837)

Reduce funds for personal services.

($238,638)

($238,638)

Reduce funds for operating expenses as part of the virtual office initiative.

($55,900)

($55,900)

Transfer funds and two positions to the Clemency Decisions program to support the transition center max-out initiative.

($34,870)

($34,870)

Reduce funds for real estate rentals as part of the virtual office initiative.

($274,356)

($274,356)

Amount appropriated in this Act

$36,243,963 $37,050,013

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.

2104

JOURNAL OF THE HOUSE

Total Funds

$450,701

State Funds

$450,701

State General Funds

$450,701

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$450,983

$450,983

Reflect an adjustment in telecommunications expenses.

($282)

($282)

Amount appropriated in this Act

$450,701

$450,701

Section 35: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified Prior Year Funds - Other

$820,201 $820,201 $705,234 $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

$820,201

Other Funds

$820,201

Other Funds - Not Specifically Identified

$705,234

Prior Year Funds - Other

$114,967

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$842,012

Reduce funds for operating expenses.

$0

($21,811)

Amount appropriated in this Act

$0

$820,201

The following appropriations are for agencies attached for administrative purposes.

35.2. Payments to Georgia Building Authority

Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2105

Amount from prior Appropriation Act (HB 742) Increase payments to Treasury by $155,934 from $1,996,734 to $2,152,668. (CC:YES) Amount appropriated in this Act

State Funds $0 $0
$0

Total Funds $0 $0
$0

Section 36: Public Defender Standards Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$40,668,355 $340,000 $340,000
$40,328,355 $40,328,355

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

$6,293,567

Other Funds

$340,000

Other Funds - Not Specifically Identified

$340,000

State Funds

$5,953,567

State General Funds

$5,953,567

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,005,496 $6,345,496

Reflect an adjustment in telecommunications expenses.

($6,846)

($6,846)

Reduce funds for personal services.

($45,083)

($45,083)

Amount appropriated in this Act

$5,953,567 $6,293,567

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

$34,374,788

State Funds

$34,374,788

State General Funds

$34,374,788

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2106

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

State Funds $34,395,328
($20,540) $34,374,788

Total Funds $34,395,328
($20,540) $34,374,788

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

$698,968,678 $431,199,269
$20,886,897 $2,419,641 $1,940,650
$10,404,530 $395,547,551
$52,423,532 $889,332
$51,534,200 $215,256,808
$2,396,580 $200,847,108
$12,013,120 $88,289 $88,289

37.1. Adolescent and Adult Health Promotion

Purpose: The purpose of this appropriation is to provide education and services to promote the health and well-being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

Total Funds

$38,111,648

Federal Funds and Grants

$28,088,004

Maternal and Child Health Services Block Grant

$1,000,000

Preventive Health and Health Services Block Grant

$149,000

Temporary Assistance for Needy Families Block Grant

$10,404,530

Federal Funds Not Specifically Identified

$16,534,474

Other Funds

$1,237,224

Other Funds - Not Specifically Identified

$1,237,224

State Funds

$8,786,420

State General Funds

$3,633,981

Tobacco Settlement Funds

$5,152,439

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 5, 2013

2107

Amount from prior Appropriation Act (HB 742) Eliminate three vacant positions in adolescent health and youth development due to organizational restructure. Provide funds for the SHAPE Initiative contract. Reduce funds for programmatic grant-in-aid. Amount appropriated in this Act

State Funds $8,903,663 ($172,243)
$85,000 ($30,000) $8,786,420

Total Funds $38,228,891
($172,243)
$85,000 ($30,000) $38,111,648

37.2. Adult Essential Health Treatment Services

Purpose: The purpose of this appropriation is to provide treatment and services to low-income Georgians with cancer, and Georgians at risk of stroke or heart attacks.

Total Funds

$7,524,986

Federal Funds and Grants

$300,000

Preventive Health and Health Services Block Grant

$300,000

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 (HB 742)

$7,224,986 $7,524,986

Amount appropriated in this Act

$7,224,986 $7,524,986

37.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs.

Total Funds

$28,862,077

Federal Funds and Grants

$7,654,298

Medical Assistance Program

$1,807,258

Preventive Health and Health Services Block Grant

$471,900

Federal Funds Not Specifically Identified

$5,375,140

State Funds

$21,207,779

State General Funds

$21,075,984

Tobacco Settlement Funds

$131,795

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$20,492,715 $28,147,013

Reduce funds to reflect an adjustment in property liability premiums.

($7,399)

($7,399)

Reflect an adjustment in telecommunications expenses.

$2,642,703 $2,642,703

2108

JOURNAL OF THE HOUSE

Reduce funds for personal services ($1,880,240) and operating expenses ($40,000).
Amount appropriated in this Act

($1,920,240) ($1,920,240) $21,207,779 $28,862,077

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

$37,752,934

Federal Funds and Grants

$35,127,019

Maternal and Child Health Services Block Grant

$280,000

Preventive Health and Health Services Block Grant

$100,000

Federal Funds Not Specifically Identified

$34,747,019

Other Funds

$221,976

Other Funds - Not Specifically Identified

$221,976

State Funds

$2,403,939

State General Funds

$2,403,939

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,753,939 $38,102,934

Eliminate one-time funds to evaluate a real-time interactive web-based quality assessment and assurance system utilizing American Association of Neurological Surgeons (AANS) approved evidencebased medicine for Traumatic Brain Injury.

($350,000)

($350,000)

Amount appropriated in this Act

$2,403,939 $37,752,934

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

TUESDAY, MARCH 5, 2013

2109

37.6. Immunization

Purpose: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$10,911,464

Federal Funds and Grants

$8,405,559

Preventive Health and Health Services Block Grant

$500,000

Federal Funds Not Specifically Identified

$7,905,559

State Funds

$2,505,125

State General Funds

$2,505,125

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

$47,544,604

Federal Funds and Grants

$27,264,919

Maternal and Child Health Services Block Grant

$8,698,918

Federal Funds Not Specifically Identified

$18,566,001

Other Funds

$75,000

Other Funds - Not Specifically Identified

$75,000

State Funds

$20,204,685

State General Funds

$20,204,685

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$22,079,771 $49,419,690

Replace state funds with existing federal funds in the oral health prevention program.

($475,340)

($475,340)

Reduce funds for programmatic grant-in-aid.

($1,101,746) ($1,101,746)

Recognize contract savings by moving high cost hemophilia clients into the federal Pre-Existing Condition Insurance Plan (PECIP).

($298,000)

($298,000)

Amount appropriated in this Act

$20,204,685 $47,544,604

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

$319,519,029

Federal Funds and Grants

$257,026,187

Maternal and Child Health Services Block Grant

$10,623,280

Medical Assistance Program

$119,108

Federal Funds Not Specifically Identified

$246,283,799

2110

JOURNAL OF THE HOUSE

Other Funds

$50,245,945

Agency Funds

$245,945

Other Funds - Not Specifically Identified

$50,000,000

State Funds

$12,176,208

State General Funds

$12,176,208

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 (HB 742)

$12,203,708 $319,546,529

Reduce funds for programmatic grant-in-aid.

($27,500)

($27,500)

Amount appropriated in this Act

$12,176,208 $319,519,029

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

State General Funds

$30,499,493

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

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

TUESDAY, MARCH 5, 2013

2111

delivering local public health services.

Total Funds

$81,858,778

Federal Funds and Grants

$493,275

Medical Assistance Program

$493,275

State Funds

$81,365,503

State General Funds

$81,365,503

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$81,858,779 $82,845,330

Reduce funds for programmatic grant-in-aid.

($493,276)

($986,552)

Amount appropriated in this Act

$81,365,503 $81,858,778

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 following appropriations are for agencies attached for administrative purposes.

37.13. Brain and Spinal Injury Trust Fund

Purpose: The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries.

Total Funds

$2,396,580

State Funds

$2,396,580

Brain and Spinal Injury Trust Fund

$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

$15,159,098

State Funds

$15,159,098

State General Funds

$15,159,098

2112

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 (HB 742)

$15,937,214 $15,937,214

Reduce funds for contractual services.

($778,116)

($778,116)

Amount appropriated in this Act

$15,159,098 $15,159,098

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

$184,362,284 $33,824,374 $33,824,374 $3,881,145 $3,881,145
$111,889,674 $111,889,674
$34,767,091 $34,767,091

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

$7,459,046

Federal Funds and Grants

$243,034

Federal Funds Not Specifically Identified

$243,034

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$3,116,012

State General Funds

$3,116,012

Intra-State Government Transfers

$4,000,000

Other Intra-State Government Payments

$4,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,114,878 $7,457,912

Reflect an adjustment in telecommunications expenses.

$1,134

$1,134

Amount appropriated in this Act

$3,116,012 $7,459,046

TUESDAY, MARCH 5, 2013

2113

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

$7,372,499

Intra-State Government Transfers

$7,372,499

Other Intra-State Government Payments

$7,372,499

38.3. Departmental Administration

Purpose: The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

Total Funds

$8,280,566

Federal Funds and Grants

$141,571

Federal Funds Not Specifically Identified

$141,571

Other Funds

$3,510

Other Funds - Not Specifically Identified

$3,510

State Funds

$8,135,485

State General Funds

$8,135,485

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,249,014 $8,394,095

Reflect an adjustment in telecommunications expenses.

$4,676

$4,676

Reduce funds for operating expenses.

($30,000)

($30,000)

Reduce funds for personal services.

($88,205)

($88,205)

Amount appropriated in this Act

$8,135,485 $8,280,566

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

$2,126,892

State Funds

$1,790,127

State General Funds

$1,790,127

Intra-State Government Transfers

$336,765

Other Intra-State Government Payments

$336,765

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2114

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Transfer funds for personal services from Field Offices and Services to properly align budget to expenditures. Increase funds to reflect projected expenditures. Amount appropriated in this Act

State Funds $1,602,488
$810 $159,929
$26,900 $1,790,127

Total Funds $1,939,253
$810 $159,929
$26,900 $2,126,892

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

$93,119,017

Federal Funds and Grants

$8,096,038

Federal Funds Not Specifically Identified

$8,096,038

Other Funds

$1,252,400

Other Funds - Not Specifically Identified

$1,252,400

State Funds

$76,250,579

State General Funds

$76,250,579

Intra-State Government Transfers

$7,520,000

Other Intra-State Government Payments

$7,520,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$77,541,397 $94,409,835

Reduce funds to reflect an adjustment in property liability premiums.

($21,781)

($21,781)

Reflect an adjustment in telecommunications expenses.

$71,931

$71,931

Reduce funds for operating expenses.

($140,877)

($140,877)

Reduce funds for personal services.

($90,162)

($90,162)

Transfer funds for personal services to Executive Security Services to properly align budget to expenditures.

($159,929)

($159,929)

Delay the start of the state funded Trooper School until FY 2014.

($950,000)

($950,000)

Amount appropriated in this Act

$76,250,579 $93,119,017

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.

TUESDAY, MARCH 5, 2013

2115

Total Funds

$23,390,720

Federal Funds and Grants

$6,277,159

Federal Funds Not Specifically Identified

$6,277,159

Other Funds

$70,160

Other Funds - Not Specifically Identified

$70,160

State Funds

$3,926,364

State General Funds

$3,926,364

Intra-State Government Transfers

$13,117,037

Other Intra-State Government Payments

$13,117,037

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,125,133 $24,526,922

Reflect an adjustment in telecommunications expenses.

$851

$851

Reduce funds for operating expenses.

($25,000)

($25,000)

Reduce funds for personal services and recognize savings due to a delay in hiring civilian weighmasters and Motor Carrier Compliance Division officers.

($978,667)

($978,667)

Reduce funds for computer expenses.

($133,386)

($133,386)

Replace state funds with other funds for operations.

($5,062,567)

$0

Amount appropriated in this Act

$3,926,364 $23,390,720

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

$3,481,202

State Funds

$3,275,664

State General Funds

$3,275,664

Intra-State Government Transfers

$205,538

Other Intra-State Government Payments

$205,538

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,274,853 $3,480,391

Reflect an adjustment in telecommunications expenses.

$811

$811

Amount appropriated in this Act

$3,275,664 $3,481,202

2116

JOURNAL OF THE HOUSE

38.8. Troop J Specialty Units

Purpose: The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI.

Total Funds

$1,502,824

State Funds

$1,502,824

State General Funds

$1,502,824

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,502,013 $1,502,013

Reflect an adjustment in telecommunications expenses.

$811

$811

Amount appropriated in this Act

$1,502,824 $1,502,824

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

$634,993

State Funds

$634,993

State General Funds

$634,993

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$635,005

$635,005

Reduce funds to reflect an adjustment in property liability premiums.

($12)

($12)

Amount appropriated in this Act

$634,993

$634,993

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

$18,229,082

Federal Funds and Grants

$17,327,181

Federal Funds Not Specifically Identified

$17,327,181

Other Funds

$250

Other Funds - Not Specifically Identified

$250

State Funds

$446,399

TUESDAY, MARCH 5, 2013

2117

State General Funds

$446,399

Intra-State Government Transfers

$455,252

Other Intra-State Government Payments

$455,252

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$368,599 $18,151,282

Reflect an adjustment in telecommunications expenses.

$11,543

$11,543

Reduce funds for real estate rentals.

($11,058)

($11,058)

Increase funds for five positions to offset a loss of federal funds.

$77,315

$77,315

Amount appropriated in this Act

$446,399 $18,229,082

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

$2,736,394

Other Funds

$358,051

Other Funds - Not Specifically Identified

$358,051

State Funds

$2,378,343

State General Funds

$2,378,343

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,471,897 $2,779,948

Reduce funds to reflect an adjustment in property liability premiums.

($160)

($160)

Reflect an adjustment in telecommunications expenses.

$2,837

$2,837

Replace state funds with other funds for operations.(G:YES) (CC:YES)

($50,000)

$0

Reduce funds for personal services. (CC:YES)

($46,231)

($46,231)

Amount appropriated in this Act

$2,378,343 $2,736,394

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

$16,029,049

Federal Funds and Grants

$1,739,391

Federal Funds Not Specifically Identified

$1,739,391

2118

JOURNAL OF THE HOUSE

Other Funds

$2,096,774

Other Funds - Not Specifically Identified

$2,096,774

State Funds

$10,432,884

State General Funds

$10,432,884

Intra-State Government Transfers

$1,760,000

Other Intra-State Government Payments

$1,760,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,611,301 $16,207,466

Reduce funds to reflect an adjustment in property liability premiums.

($28,197)

($28,197)

Reflect an adjustment in telecommunications expenses.

$18,119

$18,119

Reduce funds for operating expenses.

($59,498)

($59,498)

Reduce funds for personal services and eliminate two vacant positions.

($108,841)

($108,841)

Amount appropriated in this Act

$10,432,884 $16,029,049

Section 39: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$9,214,770 $1,300,246 $1,300,246 $7,673,049 $7,673,049

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

$1,195,743

Federal Funds and Grants

$83,500

Federal Funds Not Specifically Identified

$83,500

State Funds

$1,112,243

State General Funds

$1,112,243

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,111,939 $1,195,439

Reduce funds to reflect an adjustment in property liability premiums.

($176)

($176)

Reflect an adjustment in telecommunications expenses.

$480

$480

Amount appropriated in this Act

$1,112,243 $1,195,743

TUESDAY, MARCH 5, 2013

2119

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

$2,111,437

Federal Funds and Grants

$1,188,246

Federal Funds Not Specifically Identified

$1,188,246

State Funds

$923,191

State General Funds

$923,191

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$977,613 $2,165,859

Reflect an adjustment in telecommunications expenses.

$701

$701

Reduce funds for operating expenses.

($55,123)

($55,123)

Amount appropriated in this Act

$923,191 $2,111,437

39.3. Utilities Regulation

Purpose: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers.

Total Funds

$5,907,590

Federal Funds and Grants

$28,500

Federal Funds Not Specifically Identified

$28,500

State Funds

$5,637,615

State General Funds

$5,637,615

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,874,014 $6,143,989

Reflect an adjustment in telecommunications expenses.

$2,508

$2,508

Reduce funds for personal services.

($238,907)

($238,907)

Reflect a change in the purpose statement. (CC:YES)

$0

$0

Amount appropriated in this Act

$5,637,615 $5,907,590

Section 40: Regents, University System of Georgia Total Funds Other Funds Agency Funds

$6,268,126,013 $4,520,662,186 $2,488,606,751

2120

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified Research Funds State Funds State General Funds

$4,617,161 $2,027,438,274 $1,747,463,827 $1,747,463,827

40.1. Agricultural Experiment Station

Purpose: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competitiveness of Georgia's agribusiness.

Total Funds

$71,606,714

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$34,053,795

State General Funds

$34,053,795

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$35,107,005 $72,659,924

Reduce funds for personal services.

($1,053,210) ($1,053,210)

Amount appropriated in this Act

$34,053,795 $71,606,714

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

Agency Funds

$4,760,149

Research Funds

$184,373

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 4H youth program for the state.

Total Funds

$53,667,744

Other Funds

$25,083,929

Agency Funds

$21,102,370

Other Funds - Not Specifically Identified

$231,559

Research Funds

$3,750,000

TUESDAY, MARCH 5, 2013

2121

State Funds

$28,583,815

State General Funds

$28,583,815

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$29,467,851 $54,551,780

Reduce funds for personal services.

($884,036)

($884,036)

Amount appropriated in this Act

$28,583,815 $53,667,744

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

$17,629,177

Other Funds

$10,475,000

Agency Funds

$10,475,000

State Funds

$7,154,177

State General Funds

$7,154,177

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,375,440 $17,850,440

Reduce funds for operating expenses.

($221,263)

($221,263)

Amount appropriated in this Act

$7,154,177 $17,629,177

40.5. Forestry Cooperative Extension

Purpose: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources.

Total Funds

$1,063,690

Other Funds

$575,988

Other Funds - Not Specifically Identified

$100,000

Research Funds

$475,988

State Funds

$487,702

State General Funds

$487,702

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$502,786 $1,078,774

Reduce funds for personal services.

($15,084)

($15,084)

2122

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$487,702 $1,063,690

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

$12,752,956

Other Funds

$10,250,426

Agency Funds

$590,634

Other Funds - Not Specifically Identified

$659,792

Research Funds

$9,000,000

State Funds

$2,502,530

State General Funds

$2,502,530

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,579,928 $12,830,354

Reduce funds for personal services.

($77,398)

($77,398)

Amount appropriated in this Act

$2,502,530 $12,752,956

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

$229,487,340

Other Funds

$223,917,958

Research Funds

$223,917,958

State Funds

$5,569,382

State General Funds

$5,569,382

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,791,631 $229,709,589

TUESDAY, MARCH 5, 2013

2123

Reduce funds for operating expenses. Eliminate one-time funds for industrial storm water research. Amount appropriated in this Act

($172,249) ($50,000) $5,569,382

($172,249) ($50,000)
$229,487,340

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

$1,193,847

Other Funds

$486,281

Agency Funds

$118,633

Research Funds

$367,648

State Funds

$707,566

State General Funds

$707,566

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$729,450 $1,215,731

Reduce funds for personal services.

($21,884)

($21,884)

Amount appropriated in this Act

$707,566 $1,193,847

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

$2,508,676

Other Funds

$1,345,529

Agency Funds

$745,529

Research Funds

$600,000

State Funds

$1,163,147

State General Funds

$1,163,147

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,199,121 $2,544,650

Reduce funds for personal services.

($35,974)

($35,974)

Amount appropriated in this Act

$1,163,147 $2,508,676

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.

2124

JOURNAL OF THE HOUSE

Total Funds

$28,297,463

State Funds

$28,297,463

State General Funds

$28,297,463

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$29,172,642 $29,172,642

Replace state funds with internally generated funds for personal services.

($875,179)

($875,179)

Amount appropriated in this Act

$28,297,463 $28,297,463

40.12. Public Libraries

Purpose: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs.

Total Funds

$36,445,836

Other Funds

$5,222,400

Agency Funds

$5,222,400

State Funds

$31,223,436

State General Funds

$31,223,436

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$32,189,109 $37,411,509

Reduce funds for personal services and operating expenses.

($965,673)

($965,673)

Amount appropriated in this Act

$31,223,436 $36,445,836

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

$18,278,598

State Funds

$18,278,598

State General Funds

$18,278,598

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$18,843,915 $18,843,915

Reduce funds for personal services and operating expenses.

($565,317)

($565,317)

Amount appropriated in this Act

$18,278,598 $18,278,598

TUESDAY, MARCH 5, 2013

2125

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

$8,102,099

State Funds

$8,102,099

State General Funds

$8,102,099

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,231,266 $8,231,266

Reduce funds to reflect an adjustment in property liability premiums.

($23,055)

($23,055)

Reflect an adjustment in telecommunications expenses.

$104,473

$104,473

Reduce funds for personal services and operating expenses.

($210,585)

($210,585)

Amount appropriated in this Act

$8,102,099 $8,102,099

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

$6,104,447

State Funds

$6,104,447

State General Funds

$6,104,447

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,293,244 $6,293,244

Reduce funds for personal services and operating expenses.

($188,797)

($188,797)

Amount appropriated in this Act

$6,104,447 $6,104,447

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

$4,843,046

Other Funds

$3,650,620

Agency Funds

$900,000

Research Funds

$2,750,620

State Funds

$1,192,426

State General Funds

$1,192,426

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2126

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds for personal services. Amount appropriated in this Act

State Funds $1,229,305
($36,879) $1,192,426

Total Funds $4,879,925
($36,879) $4,843,046

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

$5,739,425,963

Other Funds

$4,183,908,853

Agency Funds

$2,419,517,166

Research Funds

$1,764,391,687

State Funds

$1,555,517,110

State General Funds

$1,555,517,110

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,631,690,795 $5,815,599,648

Reduce funds to reflect an adjustment in property liability premiums.

($2,723,724) ($2,723,724)

Eliminate one-time funds for the Southern Legislative Conference.

($25,000)

($25,000)

Reduce funds for personal services and operating expenses.

($73,424,961) ($73,424,961)

Amount appropriated in this Act

$1,555,517,110 $5,739,425,963

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

$2,470,069

State Funds

$2,470,069

State General Funds

$2,470,069

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,546,463 $2,546,463

Reduce funds for personal services and operating expenses.

($76,394)

($76,394)

Amount appropriated in this Act

$2,470,069 $2,470,069

40.19. Veterinary Medicine Teaching Hospital Purpose: The purpose of this appropriation is to provide clinical instruction for veterinary medicine

TUESDAY, MARCH 5, 2013

2127

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

$10,038,119

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$416,168

State General Funds

$416,168

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$429,039 $10,050,990

Reduce funds for personal services.

($12,871)

($12,871)

Amount appropriated in this Act

$416,168 $10,038,119

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

$2,269,752

State Funds

$2,269,752

State General Funds

$2,269,752

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,339,951 $2,339,951

Reduce funds for the Prep School ($47,522) and the Junior College ($22,677).

($70,199)

($70,199)

Amount appropriated in this Act

$2,269,752 $2,269,752

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

$13,370,145

State Funds

$13,370,145

State General Funds

$13,370,145

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$12,850,843 $12,850,843

2128

JOURNAL OF THE HOUSE

Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Eliminate one-time funds for special education programming. Transfer funds from the Department of Education for half of the Discovery Education contract. Amount appropriated in this Act

($14,212) $112,159 ($50,000) $471,355
$13,370,145

($14,212) $112,159 ($50,000) $471,355
$13,370,145

Section 41: Revenue, Department of Total Funds Federal Funds and Grants Prevention and Treatment of Substance Abuse Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$173,243,088 $518,929 $251,507 $267,422
$33,383,189 $27,166,189
$6,217,000 $139,115,390 $138,965,390
$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

$13,895,617

Other Funds

$140,000

Agency Funds

$140,000

State Funds

$13,530,037

State General Funds

$13,530,037

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 (HB 742)

$13,763,396 $14,128,976

Reflect an adjustment in telecommunications expenses.

$257,328

$257,328

Reduce funds for personal services and operating expenses.

($490,687)

($490,687)

Amount appropriated in this Act

$13,530,037 $13,895,617

TUESDAY, MARCH 5, 2013

2129

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

$7,111,205

Other Funds

$484,210

Agency Funds

$484,210

State Funds

$6,626,995

State General Funds

$6,626,995

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,573,819 $7,058,029

Reduce funds to reflect an adjustment in property liability premiums.

($4,008)

($4,008)

Reflect an adjustment in telecommunications expenses.

$57,184

$57,184

Amount appropriated in this Act

$6,626,995 $7,111,205

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

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

$625,000

State Funds

$625,000

State General Funds

$625,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Transfer funds from the Tax Compliance program for the Fraud Detection and Prevention System contract. (CC:Transfer funds from the Tax Compliance program based on projected expenditures for the Fraud Detection and Prevention System contract.)

$625,000

$625,000

Amount appropriated in this Act

$625,000

$625,000

2130

JOURNAL OF THE HOUSE

41.5. Industry Regulation

Purpose: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, and 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

$5,951,351

Federal Funds and Grants

$518,929

Prevention and Treatment of Substance Abuse Block Grant

$251,507

Federal Funds Not Specifically Identified

$267,422

Other Funds

$2,421,996

Agency Funds

$599,996

Other Funds - Not Specifically Identified

$1,822,000

State Funds

$3,010,426

State General Funds

$2,860,426

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 (HB 742)

$3,041,834 $5,982,759

Reflect an adjustment in telecommunications expenses.

$28,592

$28,592

Reduce funds for one vacant auditor position and one vacant compliance investigator position.

($60,000)

($60,000)

Amount appropriated in this Act

$3,010,426 $5,951,351

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

$5,085,590

Other Funds

$3,095,000

Agency Funds

$400,000

Other Funds - Not Specifically Identified

$2,695,000

State Funds

$1,990,590

State General Funds

$1,990,590

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,819,038 $4,914,038

Reflect an adjustment in telecommunications expenses.

$171,552

$171,552

Amount appropriated in this Act

$1,990,590 $5,085,590

TUESDAY, MARCH 5, 2013

2131

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

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

$21,592,548

Other Funds

$6,440,990

Agency Funds

$4,740,990

Other Funds - Not Specifically Identified

$1,700,000

State Funds

$15,151,558

State General Funds

$15,151,558

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,265,208 $20,706,198

Reflect an adjustment in telecommunications expenses.

$886,350

$886,350

Amount appropriated in this Act

$15,151,558 $21,592,548

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

$3,739,483

State Funds

$3,739,483

State General Funds

$3,739,483

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,710,891 $3,710,891

Reflect an adjustment in telecommunications expenses.

$28,592

$28,592

Amount appropriated in this Act

$3,739,483 $3,739,483

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.

2132

JOURNAL OF THE HOUSE

Total Funds

$13,102,935

State Funds

$13,102,935

State General Funds

$13,102,935

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,243,359 $14,243,359

Reflect an adjustment in telecommunications expenses.

$28,592

$28,592

Reduce funds for personal services and operating expenses.

($1,169,016) ($1,169,016)

Amount appropriated in this Act

$13,102,935 $13,102,935

41.11. Tax Compliance

Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

Total Funds

$53,485,323

Other Funds

$19,835,993

Agency Funds

$19,835,993

State Funds

$33,649,330

State General Funds

$33,649,330

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$35,779,600 $55,615,593

Reflect an adjustment in telecommunications expenses.

$228,736

$228,736

Reduce funds for personal services based on projected expenditures and transfer $1,986,623 in savings to the Fraud Detection and Prevention program. (CC:Reduce funds for personal services based on projected expenditures and transfer $625,000 in savings to the Fraud Detection and Prevention program.)

($2,359,006)

($2,359,006)

Amount appropriated in this Act

$33,649,330 $53,485,323

41.12. Tax Policy

Purpose: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

Total Funds

$2,690,307

Other Funds

$965,000

Agency Funds

$965,000

State Funds

$1,725,307

State General Funds

$1,725,307

TUESDAY, MARCH 5, 2013

2133

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,610,939 $2,575,939

Reflect an adjustment in telecommunications expenses.

$114,368

$114,368

Amount appropriated in this Act

$1,725,307 $2,690,307

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

$22,547,005

State Funds

$22,547,005

State General Funds

$22,547,005

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$21,489,103 $21,489,103

Reflect an adjustment in telecommunications expenses.

$1,057,902 $1,057,902

Amount appropriated in this Act

$22,547,005 $22,547,005

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

$32,816,536 $85,000 $85,000
$1,557,183 $1,121,412
$435,771 $31,174,353 $31,174,353

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

$4,357,341

Other Funds

$532,671

Other Funds - Not Specifically Identified

$96,900

Records Center Storage Fee

$435,771

State Funds

$3,824,670

2134

JOURNAL OF THE HOUSE

State General Funds

$3,824,670

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,433,889 $4,966,560

Reduce funds to reflect an adjustment in property liability premiums.

($1,593)

($1,593)

Reduce funds for personal services and eliminate five filled positions. (CC:Reduce funds for personal services, eliminate five filled positions and one vacant position, and reduce funds for operating expenses while maintaining service two days per week. )

($607,626)

($607,626)

Amount appropriated in this Act

$3,824,670 $4,357,341

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

$2,000,456

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

State Funds

$1,260,944

State General Funds

$1,260,944

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,261,271 $2,000,783

Reduce funds to reflect an adjustment in property liability premiums.

($327)

($327)

Amount appropriated in this Act

$1,260,944 $2,000,456

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

$6,365,880

Federal Funds and Grants

$85,000

Federal Funds Not Specifically Identified

$85,000

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$6,230,880

State General Funds

$6,230,880

TUESDAY, MARCH 5, 2013

2135

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,789,720 $4,924,720

Reduce funds to reflect an adjustment in property liability premiums.

($673)

($673)

Reflect an adjustment in telecommunications expenses.

$1,181,833 $1,181,833

Transfer funds from the Office Administration program to comply with the National Voter Registration Act's maintenance of effort requirements.

$260,000

$260,000

Amount appropriated in this Act

$6,230,880 $6,365,880

42.4. Office Administration

Purpose: The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$5,872,731

Other Funds

$15,000

Other Funds - Not Specifically Identified

$15,000

State Funds

$5,857,731

State General Funds

$5,857,731

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,117,898 $6,132,898

Reduce funds to reflect an adjustment in property liability premiums.

($167)

($167)

Reduce funds for personal services and transfer savings to the Elections program to comply with the National Voter Registration Act's maintenance of effort requirements.

($260,000)

($260,000)

Amount appropriated in this Act

$5,857,731 $5,872,731

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

$7,160,340

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$7,010,340

State General Funds

$7,010,340

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,011,199 $7,161,199

2136

JOURNAL OF THE HOUSE

Reduce funds to reflect an adjustment in property liability premiums. Amount appropriated in this Act

($859) $7,010,340

($859) $7,160,340

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

$883,809

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$833,809

State General Funds

$833,809

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$833,891

$883,891

Reduce funds to reflect an adjustment in property liability premiums.

($82)

($82)

Amount appropriated in this Act

$833,809

$883,809

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

$264,529

Other Funds

$20,000

Other Funds - Not Specifically Identified

$20,000

State Funds

$244,529

State General Funds

$244,529

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$252,104

$272,104

Reduce funds to reflect an adjustment in property liability premiums.

($12)

($12)

Reduce funds for operating expenses.

($7,563)

($7,563)

Amount appropriated in this Act

$244,529

$264,529

TUESDAY, MARCH 5, 2013

2137

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

$1,727,037

State Funds

$1,727,037

State General Funds

$1,727,037

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,941,697 $1,941,697

Reduce funds to reflect an adjustment in property liability premiums.

($53)

($53)

Reflect an adjustment in telecommunications expenses.

$34,473

$34,473

Reduce funds for personal services to reflect projected expenditures.

($223,829)

($223,829)

Reduce funds for operating expenses.

($25,251)

($25,251)

Amount appropriated in this Act

$1,727,037 $1,727,037

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

$1,344,810

State Funds

$1,344,810

State General Funds

$1,344,810

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,344,179 $1,344,179

Reflect an adjustment in telecommunications expenses.

$631

$631

Amount appropriated in this Act

$1,344,810 $1,344,810

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

$2,839,603

State Funds

$2,839,603

State General Funds

$2,839,603

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2138

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for personal services to reflect projected expenditures. Amount appropriated in this Act

State Funds $2,944,265
($525) $4,734 ($108,871) $2,839,603

Total Funds $2,944,265
($525) $4,734 ($108,871) $2,839,603

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

$5,124,172 $1,266,565 $1,266,565
$632,184 $632,184 $2,558,834 $2,558,834 $665,842 $665,842

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

$733,896

State Funds

$733,896

State General Funds

$733,896

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$744,781

$744,781

Reduce funds to reflect an adjustment in property liability premiums.

($590)

($590)

Reflect an adjustment in telecommunications expenses.

($3,502)

($3,502)

Reduce funds for operating expenses.

($6,793)

($6,793)

Amount appropriated in this Act

$733,896

$733,896

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

$1,775,598

Federal Funds and Grants

$932,290

TUESDAY, MARCH 5, 2013

2139

Federal Funds Not Specifically Identified

$932,290

Other Funds

$632,184

Other Funds - Not Specifically Identified

$632,184

State Funds

$211,124

State General Funds

$211,124

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$238,237 $1,802,711

Reflect an adjustment in telecommunications expenses.

($542)

($542)

Replace state funds with other funds for personal services.

($26,571)

($26,571)

Amount appropriated in this Act

$211,124 $1,775,598

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

$2,358,769

Federal Funds and Grants

$334,275

Federal Funds Not Specifically Identified

$334,275

State Funds

$1,358,652

State General Funds

$1,358,652

Intra-State Government Transfers

$665,842

Other Intra-State Government Payments

$665,842

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,383,592 $2,383,709

Reflect an adjustment in telecommunications expenses.

($1,992)

($1,992)

Replace state funds with existing other funds for personal services.

($22,948)

($22,948)

Amount appropriated in this Act

$1,358,652 $2,358,769

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

$123,989

State Funds

$123,242

2140

JOURNAL OF THE HOUSE

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

$131,920

State Funds

$131,920

State General Funds

$131,920

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$162,629

$162,629

Reduce funds for operating expenses.

($21,669)

($21,669)

Replace state funds with other funds for personal services.

($9,040)

($9,040)

Amount appropriated in this Act

$131,920

$131,920

Section 44: Student Finance Commission, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds

$602,670,953 $2,654,594 $2,654,594
$600,016,359 $567,132,700
$32,883,659

44.1. Accel

Purpose: The purpose of this appropriation is to allow students to pursue postsecondary study at approved public and private postsecondary institutions, while receiving dual high school and college credit for courses successfully completed.

Total Funds

$8,542,895

Other Funds

$1,842,895

Other Funds - Not Specifically Identified

$1,842,895

State Funds

$6,700,000

State General Funds

$6,700,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,500,000 $7,069,682

Increase funds to meet the projected need.

$200,000 $1,473,213

Amount appropriated in this Act

$6,700,000 $8,542,895

TUESDAY, MARCH 5, 2013

2141

44.2. 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

$701,750

State Funds

$701,750

State General Funds

$701,750

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$570,000

$570,000

Increase funds. (CC:YES)

$131,750

$131,750

Amount appropriated in this Act

$701,750

$701,750

44.3. 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

44.4. HERO Scholarship

Purpose: The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the spouses and children of such members.

Total Funds

$800,000

State Funds

$800,000

State General Funds

$800,000

44.5. 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

$7,918,596

State Funds

$7,918,596

Lottery Funds

$7,918,596

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,922,124 $7,922,124

Reduce funds to reflect an adjustment in property liability premiums.

($3,528)

($3,528)

2142

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$7,918,596 $7,918,596

44.6. 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

$1,930,296

State Funds

$1,930,296

Lottery Funds

$1,930,296

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,636,276 $2,636,276

Reduce funds to meet the projected need.

($705,980)

($705,980)

Amount appropriated in this Act

$1,930,296 $1,930,296

44.7. 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

$89,452,587

State Funds

$89,452,587

Lottery Funds

$89,452,587

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$112,658,625 $112,658,625

Reduce funds to meet the projected need.

($23,206,038) ($23,206,038)

Amount appropriated in this Act

$89,452,587 $89,452,587

44.8. 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

$46,030,622

State Funds

$46,030,622

Lottery Funds

$46,030,622

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$54,385,503 $54,385,503

Reduce funds for HOPE Scholarships - Private Schools to meet the projected need.

($5,883,155) ($5,883,155)

TUESDAY, MARCH 5, 2013

2143

Reduce funds for the Zell Miller Scholarships for students attending private postsecondary institutions to meet the total projected need of $595,615.
Amount appropriated in this Act

($2,471,726) ($2,471,726) $46,030,622 $46,030,622

44.9. 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

$401,800,599

State Funds

$401,800,599

Lottery Funds

$401,800,599

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$408,235,018 $408,235,018

Reduce funds for HOPE Scholarships - Public Schools to meet the projected need.

($2,880,572) ($2,880,572)

Reduce funds for the Zell Miller Scholarships for students attending public postsecondary institutions to meet the total projected need of $16,973,741.

($3,553,847) ($3,553,847)

Amount appropriated in this Act

$401,800,599 $401,800,599

44.10. 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

44.11. 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

$1,682,251

Other Funds

$237,675

Other Funds - Not Specifically Identified

$237,675

State Funds

$1,444,576

State General Funds

$1,444,576

2144

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 (HB 742)

$1,444,576 $1,927,299

Reduce funds to meet the projected need.

$0

($245,048)

Amount appropriated in this Act

$1,444,576 $1,682,251

44.12. North Georgia ROTC Grants

Purpose: The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program.

Total Funds

$875,000

State Funds

$875,000

State General Funds

$875,000

44.13. 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

44.14. 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

$20,705,835

Other Funds

$529,727

Other Funds - Not Specifically Identified

$529,727

State Funds

$20,176,108

State General Funds

$20,176,108

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$21,896,323 $22,426,050

Reduce funds to meet the projected need and maintain the current award amount.

($1,720,215) ($1,720,215)

Amount appropriated in this Act

$20,176,108 $20,705,835

TUESDAY, MARCH 5, 2013

2145

The following appropriations are for agencies attached for administrative purposes.

44.15. 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

$758,899

Other Funds

$44,297

Other Funds - Not Specifically Identified

$44,297

State Funds

$714,602

State General Funds

$714,602

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$758,655

$758,655

Reflect an adjustment in telecommunications expenses.

$244

$244

Reduce state general funds and replace with other funds from the

($44,297)

$0

Tuition Guaranty Trust Fund (TGTF).

Amount appropriated in this Act

$714,602

$758,899

Section 45: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments

$31,646,587 $590,000 $590,000
$31,056,587 $31,056,587

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.

45.1. 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

45.2. 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.

2146

JOURNAL OF THE HOUSE

Total Funds Intra-State Government Transfers Retirement Payments

$31,056,587 $31,056,587 $31,056,587

Section 46: Technical College System of Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$654,790,471 $66,509,000 $66,509,000
$268,710,000 $268,613,230
$96,770 $317,616,387 $317,616,387
$1,360,000 $1,360,000

46.1. 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

$38,997,108

Federal Funds and Grants

$20,447,889

Federal Funds Not Specifically Identified

$20,447,889

Other Funds

$5,480,000

Agency Funds

$5,480,000

State Funds

$13,069,219

State General Funds

$13,069,219

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$13,473,095 $39,400,984

Reflect an adjustment in telecommunications expenses.

$317

$317

Reduce funds for personal services and convert six full-time positions to part-time.

($282,508)

($282,508)

Reduce funds for operating expenses.

($121,685)

($121,685)

Amount appropriated in this Act

$13,069,219 $38,997,108

46.2. 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.

TUESDAY, MARCH 5, 2013

2147

Total Funds

$8,590,562

Federal Funds and Grants

$62,111

Federal Funds Not Specifically Identified

$62,111

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$7,723,367

State General Funds

$7,723,367

Intra-State Government Transfers

$110,000

Other Intra-State Government Payments

$110,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,944,927 $8,812,122

Reduce funds to reflect an adjustment in property liability premiums.

($1,391)

($1,391)

Reflect an adjustment in telecommunications expenses.

$18,179

$18,179

Eliminate funds for one filled position and one vacant position.

($155,848)

($155,848)

Reduce funds for operating expenses.

($68,000)

($68,000)

Reduce funds for computer charges.

($5,000)

($5,000)

Reduce funds for telecommunications.

($9,500)

($9,500)

Amount appropriated in this Act

$7,723,367 $8,590,562

46.3. Quick Start and Customized Services

Purpose: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace.

Total Funds

$22,139,074

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

$12,209,074

State General Funds

$12,209,074

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$12,578,020 $22,508,020

Reduce funds to reflect an adjustment in property liability premiums.

($7,039)

($7,039)

Reflect an adjustment in telecommunications expenses.

$15,434

$15,434

Reduce funds for Quick Start.

($377,341)

($377,341)

2148

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$12,209,074 $22,139,074

46.4. 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

$585,063,727

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

$284,614,727

State General Funds

$284,614,727

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 (HB 742)

$296,574,308 $597,023,308

Reduce funds to reflect an adjustment in property liability premiums.

($436,552)

($436,552)

Reflect an adjustment in telecommunications expenses.

$339,943

$339,943

Reduce funds for personal services.

($9,908,480) ($9,908,480)

Reduce funds for operating expenses.

($1,954,492) ($1,954,492)

Amount appropriated in this Act

$284,614,727 $585,063,727

Section 47: 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

$2,081,159,751 $1,210,491,192 $1,143,629,823
$66,861,369 $6,695,115 $5,724,308 $970,807
$863,213,211 $857,204,635
$6,008,576 $760,233 $760,233

TUESDAY, MARCH 5, 2013

2149

It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Office of the State Treasurer, attached agency of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriation or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. 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.

47.1. 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

$970,807

Other Funds - Not Specifically Identified

$970,807

State Funds

$2,099,780

State General Funds

$2,099,780

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,064,237 $38,607,589

Reflect funds from the sale of a King Air airplane. (CC:YES)

($964,457)

$0

Amount appropriated in this Act

$2,099,780 $38,607,589

47.2. 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

$895,791,235

Federal Funds and Grants

$675,252,699

Federal Highway Administration Highway Planning and Construction

$675,252,699

2150

JOURNAL OF THE HOUSE

State Funds

$220,538,536

Motor Fuel Funds

$220,538,536

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$211,655,479 $886,908,178

Increase funds for capital outlay projects.

$8,883,057 $8,883,057

Amount appropriated in this Act

$220,538,536 $895,791,235

47.3. 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

47.4. 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

$143,386,258

Federal Funds and Grants

$64,892,990

Federal Highway Administration Highway Planning and Construction

$64,892,990

State Funds

$78,328,268

Motor Fuel Funds

$78,328,268

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 (HB 742)

$74,357,642 $139,415,632

Increase funds for operating expenses.

$1,554,605 $1,554,605

Increase funds for personal services to reflect projected expenditures.

$2,416,021 $2,416,021

Amount appropriated in this Act

$78,328,268 $143,386,258

47.5. Data Collection, Compliance and Reporting Purpose: The purpose of this appropriation is to collect and disseminate crash, accident, road, and

TUESDAY, MARCH 5, 2013

2151

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

47.6. 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

$64,542,143

Federal Funds and Grants

$10,839,823

Federal Highway Administration Highway Planning and Construction

$10,839,823

Other Funds

$898,970

Agency Funds

$898,970

State Funds

$52,803,350

Motor Fuel Funds

$52,803,350

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$51,083,000 $62,821,793

Increase funds for personal services to reflect projected expenditures.

$920,350

$920,350

Increase funds to implement the Small Business Enterprise and Disadvantaged Business Enterprise programs.

$800,000

$800,000

Amount appropriated in this Act

$52,803,350 $64,542,143

47.7. Local Maintenance and Improvement Grants

Purpose: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments for road and bridge resurfacing projects through the State Funded Construction - Local Road Assistance Program.

Total Funds

$110,642,250

State Funds

$110,642,250

Motor Fuel Funds

$110,642,250

47.8. Local Road Assistance Administration Purpose: The purpose of this appropriation is to provide technical and financial assistance to local

2152

JOURNAL OF THE HOUSE

governments for construction, maintenance, and resurfacing of local roads and bridges.

Total Funds

$45,708,468

Federal Funds and Grants

$32,758,670

Federal Highway Administration Highway Planning and Construction

$32,758,670

State Funds

$12,354,565

Motor Fuel Funds

$12,354,565

Intra-State Government Transfers

$595,233

Other Intra-State Government Payments

$595,233

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$16,854,565 $50,208,468

Reduce funds to reflect projected expenditures.

($4,500,000) ($4,500,000)

Amount appropriated in this Act

$12,354,565 $45,708,468

47.9. Planning

Purpose: The purpose of this appropriation is to develop the state transportation improvement program and the state-wide strategic transportation plan, and coordinate transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation.

Total Funds

$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

47.10. Ports and Waterways

Purpose: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

Total Funds

$836,370

State Funds

$836,370

State General Funds

$836,370

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$941,812

$941,812

Reduce funds for property tax assessment to reflect projected expenditures.

($105,442)

($105,442)

Amount appropriated in this Act

$836,370

$836,370

TUESDAY, MARCH 5, 2013

2153

47.11. Rail

Purpose: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

Total Funds

$210,703

Other Funds

$88,239

Agency Funds

$88,239

State Funds

$122,464

State General Funds

$122,464

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$356,891

$445,130

Reduce funds for personal services to reflect projected expenditures.

($234,427)

($234,427)

Amount appropriated in this Act

$122,464

$210,703

47.12. Routine Maintenance

Purpose: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, 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

$217,779,277

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

$192,250,223

Motor Fuel Funds

$192,250,223

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$173,068,804 $198,597,858

Increase funds for operating expenses.

$17,984,339 $17,984,339

Increase funds for personal services to reflect projected expenditures.

$1,197,080 $1,197,080

Amount appropriated in this Act

$192,250,223 $217,779,277

47.13. 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

2154

JOURNAL OF THE HOUSE

Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

Total Funds

$73,534,207

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

$33,837,425

Motor Fuel Funds

$33,837,425

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$19,640,861 $59,337,643

Increase funds for operating expenses.

$9,133,997 $9,133,997

Increase funds for the Motor Carrier Compliance agreement with the Department of Public Safety.

$5,062,567 $5,062,567

Amount appropriated in this Act

$33,837,425 $73,534,207

47.14. Transit

Purpose: The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds

$34,280,329

Federal Funds and Grants

$31,324,367

Federal Funds Not Specifically Identified

$31,324,367

Other Funds

$6,000

Agency Funds

$6,000

State Funds

$2,949,962

State General Funds

$2,949,962

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,277,847 $34,608,214

Reduce funds to reflect an adjustment in property liability premiums.

($100)

($100)

Reduce matching funds for local transit projects.

($327,785)

($327,785)

Amount appropriated in this Act

$2,949,962 $34,280,329

The following appropriations are for agencies attached for administrative purposes.

47.15. Payments to State Road and Tollway Authority Purpose: The purpose of this appropriation is to fund debt service payments on non-general obligation

TUESDAY, MARCH 5, 2013

2155

bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund.

Total Funds

$237,485,221

Federal Funds and Grants

$148,156,201

Federal Highway Administration Highway Planning and Construction

$148,156,201

State Funds

$89,329,020

Motor Fuel Funds

$89,329,020

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$62,351,674 $210,507,875

Transfer funds from the debt sinking fund to the State Road and Tollway Authority for defeasance of the outstanding bonds for GA400 and associated closing expenses.

$26,977,346 $26,977,346

Amount appropriated in this Act

$89,329,020 $237,485,221

Section 48: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds

$38,385,477 $18,260,569 $18,260,569
$291,281 $291,281 $19,833,627 $19,833,627

48.1. 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

$1,474,015

State Funds

$1,474,015

State General Funds

$1,474,015

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,378,152 $1,378,152

Reflect an adjustment in telecommunications expenses.

$95,863

$95,863

Amount appropriated in this Act

$1,474,015 $1,474,015

2156

JOURNAL OF THE HOUSE

48.2. 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

48.3. Georgia War Veterans Nursing Home - Augusta

Purpose: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans, and to serve as a teaching facility for the Medical College of Georgia.

Total Funds

$10,120,391

Federal Funds and Grants

$5,286,048

Federal Funds Not Specifically Identified

$5,286,048

Other Funds

$149,079

Agency Funds

$149,079

State Funds

$4,685,264

State General Funds

$4,685,264

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,035,364 $10,321,412

Reduce funds due to reduced average daily patient census.

($251,282)

($251,282)

Increase other funds to recognize residency fee revenue.

$0

$149,079

Transfer funds to the Veterans Benefits program for personal services.

($98,818)

($98,818)

Utilize existing state funds of $50,261 for the FY 2013 Teachers Retirement System contract increase.(G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$4,685,264 $10,120,391

48.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

Total Funds

$15,645,903

Federal Funds and Grants

$8,173,077

Federal Funds Not Specifically Identified

$8,173,077

Other Funds

$142,202

Agency Funds

$142,202

State Funds

$7,330,624

State General Funds

$7,330,624

TUESDAY, MARCH 5, 2013

2157

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,834,427 $16,007,504

Reduce funds due to reduced average daily patient census.

($361,601)

($361,601)

Transfer funds to the Veterans Benefits program for personal services.

($142,202)

($142,202)

Increase other funds to recognize residency fee revenue.

$0

$142,202

Amount appropriated in this Act

$7,330,624 $15,645,903

48.5. 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 their families about veterans' benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$10,482,210

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

State Funds

$5,858,770

State General Funds

$5,858,770

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,696,544 $10,319,984

Reduce funds to reflect an adjustment in property liability premiums.

($12,207)

($12,207)

Reflect an adjustment in telecommunications expenses.

$53,923

$53,923

Transfer state funds from the Georgia War Veterans Nursing Home Augusta program ($98,818) and the Georgia War Veterans Nursing Home - Milledgeville program ($142,202) for twelve new field service officer positions and two new claims and appeals officer positions.

$120,510

$120,510

Amount appropriated in this Act

$5,858,770 $10,482,210

Section 49: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds State Funds State General Funds

$22,967,684 $523,832 $523,832
$22,443,852 $22,443,852

49.1. Administer the Workers' Compensation Laws
Purpose: The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

2158

JOURNAL OF THE HOUSE

Total Funds Other Funds Agency Funds State Funds State General Funds

$11,705,873 $458,353 $458,353
$11,247,520 $11,247,520

49.2. Board Administration

Purpose: The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds

$11,261,811

Other Funds

$65,479

Agency Funds

$65,479

State Funds

$11,196,332

State General Funds

$11,196,332

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,707,655 $10,773,134

Reduce funds to reflect an adjustment in property liability premiums.

($299)

($299)

Reflect an adjustment in telecommunications expenses.

$488,976

$488,976

Remit payment to the State Treasury (Total Funds: $5,303,747). (CC:YES)

$0

$0

Amount appropriated in this Act

$11,196,332 $11,261,811

Section 50: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds

$966,731,003 $16,456,398 $16,456,398
$950,274,605 $126,088,473 $824,186,132

50.1. GO Bonds Issued Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds

$885,022,963 $16,456,398 $16,456,398
$868,566,565 $126,088,473 $742,478,092

TUESDAY, MARCH 5, 2013

2159

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,041,915,306 $1,058,371,704

Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales.

($144,252,667) ($144,252,667)

Reduce funds for debt service and transfer savings to the Department of Transportation for defeasance of the outstanding bonds for GA-400 and associated closing expenses.

($26,977,346) ($26,977,346)

Replace $29,808,242 in motor fuel funds with state general funds. (CC:YES)

$0

$0

Repeal the authorization of $2,300,000 in 5-year bonds from FY 2013 for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University. (CC:Reflect in GO Bonds New.)

$0

$0

Repeal the authorization of $4,765,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction.

($415,508)

($415,508)

Repeal the authorization of $5,210,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction.

($454,312)

($454,312)

Repeal the authorization of $25,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Low-Wealth for local school construction.

($2,180)

($2,180)

Repeal the authorization of $10,455,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular for local school construction.

($911,676)

($911,676)

Repeal the authorization of $2,670,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction.

($242,436)

($242,436)

Repeal the authorization of $525,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction.

($47,670)

($47,670)

Repeal the authorization of $495,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Low-Wealth for local school construction.

($44,946)

($44,946)

Amount appropriated in this Act

$868,566,565 $885,022,963

2160

JOURNAL OF THE HOUSE

50.2. GO Bonds New

Total Funds

$81,708,040

State Funds

$81,708,040

State General Funds

$81,708,040

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$83,022,008 $83,022,008

Repeal the authorization of $5,140,000 in 20-year bonds from FY 2013 for the Department of Education for the Capital Outlay Program - Regular Advance for local school construction and redirect $5,140,000 in available bond proceeds from a FY 2009 Capital Outlay Program - Regular Advance bond issuance towards these projects.

($439,984)

($439,984)

Repeal the authorization of $765,000 in 20-year bonds from FY 2013 for the Department of Education for the Capital Outlay Program Low-Wealth for local school construction and redirect $765,000 in available bond proceeds from a FY 2009 Capital Outlay Program Additional Low Wealth bond issuance towards these projects.

($65,484)

($65,484)

Repeal the authorization of $2,300,000 in 5-year bonds from FY 2013 for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University.

($531,300)

($531,300)

Repeal the authorization of $1,200,000 in 5-year bonds from FY 2013 for the Technical College System of Georgia for equipment for the classroom building at Southern Crescent Technical College.

($277,200)

($277,200)

Amount appropriated in this Act

$81,708,040 $81,708,040

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.

TUESDAY, MARCH 5, 2013

2161

[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 $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.

2162

JOURNAL OF THE HOUSE

[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 improvement of land, waters, 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 # 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 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

TUESDAY, MARCH 5, 2013

2163

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 Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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

2164

JOURNAL OF THE HOUSE

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 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.

TUESDAY, MARCH 5, 2013

2165

[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 # 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

2166

JOURNAL OF THE HOUSE

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, waters, 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,

TUESDAY, MARCH 5, 2013

2167

construction, development, extension, enlargement, or improvement of land, waters, 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 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

2168

JOURNAL OF THE HOUSE

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 acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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,

TUESDAY, MARCH 5, 2013

2169

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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.
[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

2170

JOURNAL OF THE HOUSE

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, waters, 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,

TUESDAY, MARCH 5, 2013

2171

development, extension, enlargement, or improvement of land, waters, 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 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

2172

JOURNAL OF THE HOUSE

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 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.

TUESDAY, MARCH 5, 2013

2173

Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.302 BOND: K 12 Schools: $105,200,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,552,160 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $105,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.302] From State General Funds, $9,309,724 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 $102,530,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316-317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.303 BOND: K 12 Schools: $78,690,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $7,145,052 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.303] From State General Funds, $7,097,382 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,165,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

2174

JOURNAL OF THE HOUSE

The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.304 BOND: K 12 Schools: $2,020,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $183,416 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.304] From State General Funds, $138,470 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $1,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 1] From State General Funds, $3,876,476 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $44,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 1] From State General Funds, $2,964,800 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 $34,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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.

TUESDAY, MARCH 5, 2013

2175

1 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 2] From State General Funds, $1,326,748 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $15,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 2] From State General Funds, $911,240 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $10,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), carried forward by the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 3] From State General Funds, $3,701,640 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $42,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby amended to read as follows:
[Bond # 3] From State General Funds, $3,247,328 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 $37,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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 of 147, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows:
[Bond # 4] From State General Funds, $407,224 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and

2176

JOURNAL OF THE HOUSE

forty months.
is hereby amended to read as follows:
[Bond # 4] From State General Funds, $405,044 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,645,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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.
is hereby amended to read as follows:
[Bond # 3] From State General Funds, $2,084,360 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 $24,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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.
is hereby amended to read as follows:
[Bond # 4] From State General Funds, $1,142,760 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 $13,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

TUESDAY, MARCH 5, 2013

2177

The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 164, Act No. 775, 2012 Regular Session, H.B. 742) is hereby repealed in its entirety:
[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.
The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 167, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows:
[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.
is hereby amended to read as follows:
[Bond # 42] From State General Funds, $60,060 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 $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 52: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law.
Section 53: 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

2178

JOURNAL OF THE HOUSE

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 54: 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 50 shall be the authorizing paragraphs.
Section 55: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit.
In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation Intra-State Government Transfers. This paragraph 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 10 percent (10%) 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.

TUESDAY, MARCH 5, 2013

2179

PART III All laws and parts of laws in conflict with this Act are repealed.

Representative England of the 116th moved that the House adopt the report of the Committee of Conference on HB 105.

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell E Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 173, nays 0.

The motion prevailed.

2180

JOURNAL OF THE HOUSE

House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334
Dear Robbie,
I was off the floor when HB 105 was voted on. I would like for my vote to reflect Y. Thank you.
/s/ James Beverly Rep. James Beverly District 143
Representative Peake of the 141st moved that Rule 146.6, requiring Conference Committee Reports to lay on the desks for one hour, be suspended for the following Bill of the House:
HB 266. By Representative Peake of the 141st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 266. By Representative Peake of the 141st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an

TUESDAY, MARCH 5, 2013

2181

effective date; to provide applicability; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 266

The Committee of Conference on HB 266 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 266 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Judson Hill Senator, 32nd District

/s/ Rusty Kidd Representative, 141st District

/s/ Renee Unterman Senator, 45th District

/s/ Tom Rice Representative, 95th District

/s/ Larry O'Neal Representative, 146th District

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 that any tax credits earned for qualified research expenses under Code Section 48-7-40.12 in any taxable year beginning before January 1, 2012, and any carryforward attributable thereto, are governed by such Code section in effect for the taxable year in which the credit was earned; to change the definition of energy used in agriculture; to provide for dealers to elect between manufacturing and agricultural exemptions; to place a good faith standard on a seller regarding exemptions from taxation; to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental and leased motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for rental and leased

2182

JOURNAL OF THE HOUSE

vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales and leases; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, 2011 2012, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2012 January 3, 2013, except that Section 85(c), Section 108(i), Section 163(e)(5)(F) Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 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, shall be $250,000.00 for tax years beginning in 2012, and shall be $250,000.00 for tax years beginning in 2013, 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, shall be $800,000.00 for tax years beginning in 2012, and shall be $800,000.00 for tax years beginning in 2013, and provided that Section 1106 of federal Public Law 112-95 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2013)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2013),' and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95. In the event a reference is made in this title to the Internal Revenue Code or

TUESDAY, MARCH 5, 2013

2183

the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2012 January 3, 2013, 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, 2011 2012, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2012 January 3, 2013, 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 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and reports, as follows:
"48-5C-1. (a) As used in this Code section, the term:
(1) 'Fair market value of the motor vehicle' means: (A) The For a used motor vehicle, the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner and based upon a nationally recognized motor vehicle industry pricing guide for fair market and wholesale mark values in determining the taxable value of a motor vehicle under Code Section 48-5-442, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; (B) For a used motor vehicle which is not so listed in such current motor vehicle ad valorem assessment manual, the value from the bill of sale or the value from a reputable used car market guide designated by the commissioner, whichever is greater, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; or (C) The fair market value determined by the state revenue commissioner from the bill of sale of a new motor vehicle for which there is no value under subparagraph (A) of this paragraph, less any rebate and before any reduction for the trade-in value of another motor vehicle. For a new motor vehicle, the greater of the retail selling price or, in the case of a lease of a new motor vehicle, the agreed upon value of the vehicle pursuant to the lease agreement or the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner in determining the taxable value of a motor vehicle under Code Section 48-5-442, less any reduction for the trade-in value of another motor vehicle and any rebate or any cash discounts provided by the selling dealer and taken at the time of sale. The retail selling price or agreed upon value shall include any charges for labor, freight, delivery, dealer fees, and similar charges and dealer add-ons and

2184

JOURNAL OF THE HOUSE

mark-ups, but shall not include any extended warranty or maintenance agreement itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately. (2) 'Immediate family member' means spouse, parent, child, sibling, grandparent, or grandchild. (3) 'Loaner vehicle' means a motor vehicle owned by a dealer which is withdrawn temporarily from dealer inventory for exclusive use as a courtesy vehicle loaned at no charge for a period not to exceed 30 days within a calendar year 366 day period to any one customer whose motor vehicle is being serviced by such dealer. (4) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease, including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales and use taxes. (5) 'Rental motor vehicle' means a motor vehicle designed to carry ten 15 or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver. (6) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value. (7) 'Trade-in value' means the value of the motor vehicle as stated in the bill of sale for a vehicle which has been traded in to the dealer in a transaction involving the purchase of another vehicle from the dealer. (b)(1)(A) Except as otherwise provided in this subsection, any motor vehicle for which a title is issued in this state on or after March 1, 2013, shall be exempt from sales and use taxes to the extent provided under paragraph (92) (95) of Code Section 48-8-3 and shall not be subject to the ad valorem tax as otherwise required under Chapter 5 of Title 48 this title. Any such motor vehicle shall be titled as otherwise required under Title 40 but shall be subject to a state title fee and a local title fee which shall be alternative ad valorem taxes as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. Motor vehicles registered under the International Registration Plan shall not be subject to state and local title ad valorem tax fees but shall continue to be subject to apportioned ad valorem taxation under Article 10 of Chapter 5 of this title.
(B)(i) As used in this subparagraph, the term: (I) 'Local base amount' means $1 billion. (II) 'Local current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle local ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the title ad valorem tax adjustments are required to be made under this subparagraph.

TUESDAY, MARCH 5, 2013

2185

(III) 'Local target collection amount' means an amount equal to the local base amount added to the product of 2 percent of the local base amount multiplied by the number of years since 2012 with a maximum amount of $1.2 billion. (IV) 'State base amount' means $535 million. (V) 'State current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle state ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the state and local title ad valorem tax rate is to be reviewed for adjustment under division (xiv) of this subparagraph. Notwithstanding the other provisions of this subdivision to the contrary, the term 'state current collection amount' for the 2014 calendar year for the purposes of the 2015 review under division (xiv) of this subparagraph shall be adjusted so that such amount is equal to the amount of motor vehicle state ad valorem tax proceeds that would have been collected under this Code section in 2014 if the combined state and local title ad valorem tax rate was 7 percent of the fair market value of the motor vehicle less any trade-in value plus the total amount of motor vehicle state ad valorem tax proceeds collected under Chapter 5 of this title during 2014. (VI) 'State target collection amount' means an amount equal to the state base amount added to the product of 2 percent of the state base amount multiplied by the number of years since 2012. (ii) The combined state and local title ad valorem tax shall be at a rate equal to: (I) For the period commencing March 1, 2013, through December 31, 2013, 6.5 percent of the fair market value of the motor vehicle less any trade-in-value; (II) For the 2014 tax year, 6.75 percent of the fair market value of the motor vehicle less any trade-in value; and (III) Except as provided in division (xiv) of this subparagraph, for the 2015 and subsequent tax years, 7 percent of the fair market value of the motor vehicle less any trade-in value. (iii) For the period commencing March 1, 2013, through December 31, 2013, the state title ad valorem tax shall be at a rate equal to 57 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 43 percent of the tax rate specified in division (ii) of this subparagraph. (iv) For the 2014 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (v) For the 2015 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph.

2186

JOURNAL OF THE HOUSE

(vi) For the 2016 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 53.5 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 46.5 percent of the tax rate specified in division (ii) of this subparagraph. (vii) For the 2017 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 44 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 56 percent of the tax rate specified in division (ii) of this subparagraph. (viii) For the 2018 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 40 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 60 percent of the tax rate specified in division (ii) of this subparagraph. (ix) For the 2019 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 36 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 64 percent of the tax rate specified in division (ii) of this subparagraph. (x) For the 2020 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 34 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 66 percent of the tax rate specified in division (ii) of this subparagraph. (xi) For the 2021 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 30 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 70 percent of the tax rate specified in division (ii) of this subparagraph. (xii) For the 2022 and all subsequent tax years, except as otherwise provided in division (xiii) of this subparagraph for tax years 2022, 2023, and 2024 and except as otherwise provided in division (xiv) of this subparagraph for tax year 2023, the state title ad valorem tax shall be at a rate equal to 28 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 72 percent of the tax rate specified in division (ii) of this subparagraph. (xiii) Beginning in 2016, by not later than January 15 of each tax year through the 2022 tax year, the state revenue commissioner shall determine the local target collection amount and the local current collection amount for the preceding calendar year. If such local current collection amount is equal to or within 1 percent of the local target collection amount, then the state title ad valorem tax rate and the local title ad valorem tax rate for such tax year shall remain at the rate

TUESDAY, MARCH 5, 2013

2187

specified in this subparagraph for that year. If the local current collection amount is more than 1 percent greater than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be reduced automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be increased by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. If the local current collection amount is more than 1 percent less than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be reduced by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. In the event of an adjustment of such ad valorem tax rates, by not later than January 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted rate amounts. The effective date of such adjusted rate amounts shall be January 1 of such tax year. (xiv) In tax years 2015, 2018, and 2022, by not later than July 1 of each such tax year, the state revenue commissioner shall determine the state target collection amount and the state current collection amount for the preceding calendar year. If such state current collection amount is greater than, equal to, or within 1 percent of the state target collection amount after making the adjustment, if any, required in division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall remain at the rate specified in such division. If the state current collection amount is more than 1 percent less than the state target collection amount after making the adjustment, if any, required by division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the state current collection amount would have produced an amount equal to the state target collection amount, and the state title ad valorem tax rate and the local title ad valorem tax rate for the tax year in which such increase in the combined state and local title ad valorem tax rate shall become effective shall be adjusted from the rates specified in this subparagraph or division (xiii) of this subparagraph for such tax year such that the proceeds from such increase in the combined state and local title ad valorem tax rate shall be allocated in full to the state. In the event of an adjustment of the combined state and local title ad

2188

JOURNAL OF THE HOUSE

valorem tax rate, by not later than August 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted combined state and local title ad valorem tax rate for the next calendar year. The effective date of such adjusted combined state and local title ad valorem tax rate shall be January 1 of the next calendar year. Notwithstanding the provisions of this division, the combined state and local title ad valorem tax rate shall not exceed 9 percent. (xv) The state revenue commissioner shall promulgate such rules and regulations as may be necessary and appropriate to implement and administer this Code section, including, but not limited to, rules and regulations regarding appropriate public notification of any changes in rate amounts and the effective date of such changes and rules and regulations regarding appropriate enforcement and compliance procedures and methods for the implementation and operation of this Code section. The state revenue commissioner may promulgate and implement rules and regulations as may be necessary to permit seller financed sales of used vehicles to be assessed 2.5 percentage points less than the rate specified in division (b)(1)(B)(ii) of this Code section. (C) The application for title and the state and local title ad valorem tax fees provided for in subparagraph (A) of this paragraph shall be paid to the tag agent in the county in which the purchaser registers such motor vehicle where the motor vehicle is to be registered and shall be paid at the time the purchaser applies for a title and registers such motor vehicle the application for a certificate of title is submitted or, in the case of an electronic title transaction, at the time when the electronic title transaction is finalized. In an electronic title transaction, the state and local title ad valorem tax fees shall be remitted electronically directly to the county tag agent. A dealer of new or used motor vehicles may accept such application for title and state and local title ad valorem tax fees on behalf of the purchaser of a new or used motor vehicle for the purpose of delivering submitting or, in the case of an electronic title application, finalizing such title application and remitting state and local title ad valorem tax fees to the county tag agent to obtain a tag and title for the purchaser of such motor vehicle. (D) There shall be a penalty imposed on any person who, in the determination of the commissioner, falsifies any information in any bill of sale used for purposes of determining the fair market value of the motor vehicle. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the commissioner. Such determination shall be made within 60 days of the commissioner receiving information of a possible violation of this paragraph. (E) Except in the case in which an extension of the registration period has been granted by the county tag agent under Code Section 40-2-20, a A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and does not transmit submit or, in the case of an electronic title transaction, finalize such

TUESDAY, MARCH 5, 2013

2189

application for title and remit such state and local title ad valorem tax fees to the county tag agent within 10 30 days following the date of purchase shall be liable to the county tag agent for an amount equal to 5 percent of the amount of such state and local title ad valorem tax fees. An additional penalty equal to 10 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 60 days following the date of purchase. An additional 5 percent penalty equal to 15 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 90 days following the date of purchase, and an additional penalty equal to 20 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 120 days following the date of purchase. An additional penalty equal to 25 percent of the amount of such state and local title ad valorem tax fees shall be imposed for each subsequent month 30 day period in which the payment is not transmitted. (F) A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and converts such fees to his or her own use shall be guilty of theft by conversion and, upon conviction, shall be punished as provided in Code Section 168-12. (2) A person or entity acquiring a salvage title pursuant to subsection (b) of Code Section 40-3-36 shall not be subject to the fee specified in paragraph (1) of this subsection but shall be subject to a state title ad valorem tax fee in an amount equal to 1 percent of the fair market value of the motor vehicle. Such state title ad valorem tax fee shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (c)(1) The amount of proceeds collected by tag agents each month as state and local title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest pursuant to subsection (b) of this Code section shall be allocated and disbursed as provided in this subsection. (2) For the 2013 tax year and in each subsequent tax year, the amount of such funds shall be disbursed within 30 20 days following the end of each calendar month as follows: (A) State title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest shall be remitted to the state revenue commissioner who shall deposit such proceeds in the general fund of the state less an amount to be retained by the tag agent not to exceed 1 percent of the total amount otherwise required to be remitted under this subparagraph to defray the cost of administration. Such retained amount shall be remitted to the collecting county's general fund. Failure by the tag agent to disburse within such 30 20 day period shall result in a forfeiture of such administrative fee plus interest on such amount at the rate specified in Code Section 48-2-40; and

2190

JOURNAL OF THE HOUSE

(B) Local title ad valorem tax fees, administrative fees, penalties, and interest shall be designated as local government ad valorem tax funds. The tag agent shall then distribute the proceeds as specified in paragraph (3) of this subsection. (3) The local title ad valorem tax fee proceeds required under this subsection shall be distributed as follows: (A) The tag agent of the county shall within 30 20 days following the end of each calendar month allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county an amount of those proceeds necessary to offset any reduction in ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in the taxing jurisdiction of each governing authority and school district from the amount of ad valorem taxes on motor vehicles collected under Chapter 5 of Title 48 this title in each such governing authority and school district during the same calendar month of 2012. This reduction shall be calculated by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in that taxing jurisdiction in the same calendar month of 2012. In the event that the local title ad valorem tax fee proceeds are insufficient to fully offset such reduction in ad valorem taxes on motor vehicles, the tag agent shall allocate a proportionate amount of the proceeds to each governing authority and to the board of education of each such school district, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; and (B) Of the proceeds remaining following the allocation and distribution under subparagraph (A) of this paragraph, the tag agent shall allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county the remaining amount of those proceeds in the manner provided in this subparagraph. Such proceeds shall be deposited in the general fund of such governing authority or board of education and shall not be subject to any use or expenditure requirements provided for under any of the following described local sales and use taxes but shall be authorized to be expended in the same manner as authorized for the ad valorem tax revenues on motor vehicles under Chapter 5 of Title 48 this title which would otherwise have been collected for such governing authority or board of education. Of such remaining proceeds:
(i) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district and the board of education of each independent school district located in such county in the same manner as required for any local sales and use tax for educational purposes levied pursuant to Part 2 of

TUESDAY, MARCH 5, 2013

2191

Article 3 of Chapter 8 of Title 48 this title currently in effect. If such tax is not currently in effect, such proceeds shall be distributed to such board or boards of education in the same manner as if such tax were in effect;
(ii)(I) Except as otherwise provided in this division, an amount equal to onethird of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect. (II) If such tax were never in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (III) If such tax is currently in effect as well as a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment, an amount equal to one-third of such proceeds shall be distributed in the same manner as required under subdivision (I) of this division and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district. (IV) If such tax is not currently in effect and a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment is currently in effect, such proceeds shall be distributed to the board of education of the county school district and the board of education of any independent school district in the same manner as required under that local constitutional amendment. (V) If such tax is not currently in effect and a homestead option sales and use tax under Article 2A of Chapter 8 of Title 48 this title is in effect, such proceeds shall be distributed to the governing authority of the county, each qualified municipality, and each existing municipality in the same proportion as otherwise required under Code Section 48-8-104; and (iii)(I) An amount equal to one-third of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under an intergovernmental agreement or as otherwise required under the county special purpose local option sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title currently in effect; provided, however, that this subdivision shall not apply if subdivision (III) of division (ii) of this subparagraph is applicable. (II) If such tax were in effect but expired and is not currently in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as if such tax were still in effect according to the

2192

JOURNAL OF THE HOUSE

intergovernmental agreement or as otherwise required under the county special purpose local sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title for the 12 month period commencing at the expiration of such tax. If such tax is not renewed prior to the expiration of such 12 month period, such amount shall be distributed in accordance with subdivision (I) of division (ii) of this subparagraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 this title is not in effect, such amount shall be distributed in accordance with subdivision (II) of division (ii) of this subparagraph. (III) If such tax is not currently in effect in a county in which a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, such proceeds shall be distributed to the governing body of the authority created by local Act to operate such metropolitan area system of public transportation. (IV) If such tax were never in effect, such proceeds shall be distributed in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect; provided, however, that if such tax under such article is not in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (d)(1)(A) Upon the death of an owner of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the death of an owner of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad

TUESDAY, MARCH 5, 2013

2193

valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (2)(A) Upon the transfer from an immediate family member of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members who receive such motor vehicle shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the transfer from an immediate family member of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member who receives such motor vehicle shall transfer title of such motor vehicle to such recipient family member and shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (C) Any title transfer under this paragraph shall be accompanied by an affidavit of the transferor and transferee that such persons are immediate family members to one another. There shall be a penalty imposed on any person who, in the determination of the state revenue commissioner, falsifies any material information in such affidavit. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the state revenue commissioner. Such determination shall be made within 60 days of the state revenue commissioner receiving information of a possible violation of this paragraph. (3) Any individual who: (A) Is required by law to register a motor vehicle or motor vehicles in this state which were registered in the state in which such person formerly resided; and (B) Is required to file an application for a certificate of title under Code Section 403-21 or 40-3-32 shall only be required to pay state and local title ad valorem tax fees in the amount of 50 percent of the amount which would otherwise be due and payable under this subsection at the time of filing the application for a certificate of title, and the remaining 50 percent shall be paid within 12 months. (4) The state and local title ad valorem tax fees provided for under this Code section shall not apply to corrected titles, replacement titles under Code Section 40-3-31, or titles reissued to the same owner pursuant to Code Sections 40-3-50 through 40-3-56.

2194

JOURNAL OF THE HOUSE

(5) Any motor vehicle subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section shall continue to be subject to the title, license plate, revalidation decal, and registration requirements and applicable fees as otherwise provided in Title 40 in the same manner as motor vehicles which are not subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (6) Motor vehicles owned or leased by or to the state or any county, consolidated government, municipality, county or independent school district, or other government entity in this state shall not be subject to the state and local title ad valorem tax fees provided for under paragraph (1) of subsection (b) of this Code section; provided, however, that such other government entity shall not qualify for the exclusion under this paragraph unless it is exempt from ad valorem tax and sales and use tax pursuant to general law.
(7)(A) Any motor vehicle which is exempt from sales and use tax pursuant to paragraph (30) of Code Section 48-8-3 shall be exempt from state and local title ad valorem tax fees under this subsection. (B) Any motor vehicle which is exempt from ad valorem taxation pursuant to Code Section 48-5-478, 48-5-478.1, 48-5-478.2, or 48-5-478.3 shall be exempt from state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (8) There shall be a penalty imposed on the transfer of all or any part of the interest in a business entity that includes primarily as an asset of such business entity one or more motor vehicles, when, in the determination of the state revenue commissioner, such transfer is done to evade the payment of state and local title ad valorem tax fees under this subsection. Such penalty shall not exceed $2,500.00 as a state penalty per motor vehicle and shall not exceed $2,500.00 as a local penalty per motor vehicle, as determined by the state revenue commissioner, plus the amount of the state and local title ad valorem tax fees. Such determination shall be made within 60 days of the state revenue commissioner receiving information that a transfer may be in violation of this paragraph. (9) Any owner of any motor vehicle who fails to submit within 30 days of the date such owner is required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees required under this Code section, plus and, if such state and local title ad valorem tax fees and the penalty are not paid within 60 days following the date such owner is required by law to register such vehicle, interest at the rate of 1.0 percent per month shall be imposed on the state and local title ad valorem tax fees due under this Code section, unless a temporary permit has been issued by the tax commissioner. The tax commissioner shall grant a temporary permit in the event the failure to timely apply for a first certificate of title is due to the failure of a lienholder to comply with Code Section 40-3-56, regarding release of a security interest or lien, and no penalty or

TUESDAY, MARCH 5, 2013

2195

interest shall be assessed. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-3-21 or 40-3-32, as applicable. A new or used motor vehicle dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under this paragraph and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of this paragraph. (10) The owner of any motor vehicle purchased in this state for which a title was issued in this state on or after January 1, 2012, and prior to March 1, 2013, shall be authorized to opt in to the provisions of this subsection at any time prior to January 1 February 28, 2014, upon compliance with the following requirements:
(A)(i) The total amount of Georgia state and local title ad valorem tax fees which would be due from March 1, 2013, to December 31, 2013, if such vehicle had been titled in 2013 shall be determined; and (ii) The total amount of Georgia state and local sales and use tax and Georgia state and local ad valorem tax under Chapter 5 of Title 48 this title which were due and paid in 2012 for that motor vehicle and, if applicable, the total amount of such taxes which were due and paid for that motor vehicle in 2013 and 2014 shall be determined; and (B)(i) If the amount derived under division (i) of subparagraph (A) of this paragraph is greater than the amount derived under division (ii) subparagraph (A) of this paragraph, the owner shall remit the difference to the tag agent. Such remittance shall be deemed local title ad valorem tax fee proceeds; or (ii) If the amount derived under division (i) of subparagraph (A) of this paragraph is less than the amount derived under division (ii) of subparagraph (A) of this paragraph, no additional amount shall be due and payable by the owner. Upon certification by the tag agent of compliance with the requirements of this paragraph, such motor vehicle shall not be subject to ad valorem tax as otherwise required under Chapter 5 of Title 48 this title in the same manner as otherwise provided in paragraph (1) of subsection (b) of this Code section. (11)(A) In the case of rental motor vehicles owned by a rental motor vehicle concern, the state title ad valorem tax fee shall be in an amount equal to .75 .625 percent of the fair market value of the motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .75 .625 percent of the fair market value of the motor vehicle, but only if in the immediately prior calendar year the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was at least $400.00 as certified by the state revenue commissioner. If, in the immediately prior calendar year, the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was not at least $400.00, this paragraph shall not apply and such vehicles shall be subject to the state and local title ad valorem tax fees prescribed in division (b)(1)(B)(ii) of this Code section. (B) Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution.

2196

JOURNAL OF THE HOUSE

(12) A loaner vehicle shall not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section for a period of time not to exceed six months in a calendar year 366 days commencing on the date such loaner vehicle is withdrawn temporarily from inventory. Immediately upon the expiration of such six-month 366 day period, if the dealer does not return the loaner vehicle to inventory for resale, the dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under paragraph (9) of this subsection and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of paragraph (9) of this subsection. (13) Any motor vehicle which is donated to a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code for the purpose of being transferred to another person shall, when titled in the name of such nonprofit organization, not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section but shall be subject to state and local title ad valorem tax fees otherwise applicable to salvage titles under paragraph (2) of subsection (b) of this Code section.
(14)(A) A lessor of motor vehicles that leases motor vehicles for more than 31 consecutive days to lessees residing in this state shall register with the department. The department shall collect an annual fee of $100.00 for such registrations. Failure of a lessor to register under this subparagraph shall subject such lessor to a civil penalty of $2,500.00. (B) A lessee residing in this state who leases a motor vehicle under this paragraph shall register such motor vehicle with the tag agent in such lessee's county of residence within 30 days of the commencement of the lease of such motor vehicle or beginning residence in this state, whichever is later. (C) A lessor that leases a motor vehicle under this paragraph to a lessee residing in this state shall apply for a certificate of title in this state within 30 days of the commencement of the lease of such motor vehicle. (15) There shall be no liability for any state or local title ad valorem tax fees in any of the following title transactions: (A) The addition or substitution of lienholders on a motor vehicle title so long as the owner of the motor vehicle remains the same; (B) The acquisition of a bonded title by a person or entity pursuant to Code Section 40-3-28 if the title is to be issued in the name of such person or entity; (C) The acquisition of a title to a motor vehicle by a person or entity as a result of the foreclosure of a mechanic's lien pursuant to Code Section 40-3-54 if such title is to be issued in the name of such lienholder; (D) The acquisition of a title to an abandoned motor vehicle by a person or entity pursuant to Chapter 11 of this title if such person or entity is a manufacturer or dealer of motor vehicles and the title is to be issued in the name of such person or entity;

TUESDAY, MARCH 5, 2013

2197

(E) The obtaining of a title to a stolen motor vehicle by a person or entity pursuant to Code Section 40-3-43; (F) The obtaining of a title by and in the name of a motor vehicle manufacturer, licensed distributor, licensed dealer, or licensed rebuilder for the purpose of sale or resale or to obtain a corrected title, provided that the manufacturer, distributor, dealer, or rebuilder shall submit an affidavit in a form promulgated by the commissioner attesting that the transfer of title is for the purpose of accomplishing a sale or resale or to correct a title only; (G) The obtaining of a title by and in the name of the holder of a security interest when a motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11 if such title is to be issued in the name of such security interest holder; (H) The obtaining of a title by a person or entity for purposes of correcting a title, changing an odometer reading, or removing an odometer discrepancy legend, provided that, subject to subparagraph (F) of this paragraph, title is not being transferred to another person or entity; and (I) The obtaining of a title by a person who pays state and local title ad valorem tax fees on a motor vehicle and subsequently moves out of this state but returns and applies to retitle such vehicle in this state. (16) It shall be unlawful for a person to fail to obtain a title for and register a motor vehicle in accordance with the provisions of this chapter. Any person who knowingly and willfully fails to obtain a title for or register a motor vehicle in accordance with the provisions of this chapter shall be guilty of a misdemeanor. (17) Any person who purchases a 1963 through 1985 model year motor vehicle for which such person obtains a title shall be subject to this Code section, but the state title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle. (e) The fair market value of any motor vehicle subject to this Code section shall be appealable in the same manner as otherwise authorized for a motor vehicle subject to ad valorem taxation under Code Section 48-5-450; provided, however, that the person appealing the fair market value shall first pay the full amount of the state and local title ad valorem tax prior to filing any appeal. If the appeal is successful, the amount of the tax owed shall be recalculated and, if the amount paid by the person appealing the determination of fair market value is greater than the recalculated tax owed, the person shall be promptly given a refund of the difference. (f) Beginning in 2014, on or before January 31 of each year, the department shall provide a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee showing the state and local title ad valorem tax fee revenues collected pursuant to this chapter and the motor vehicle ad valorem tax proceeds collected pursuant to Chapter 5 of this title during the preceding calendar year."

2198

JOURNAL OF THE HOUSE

SECTION 3. Said title is further amended by revising Code Section 48-7-40.12, relating to tax credits for qualified research expenses, by adding a new subsection to read as follows:
"(f) Any credit earned under this Code section in any taxable year beginning before January 1, 2012, and any credit carryforward attributable thereto, shall be governed by this Code section as in effect for the taxable year in which such credit was earned, including, but not limited to, when determining whether such credit or any credit carryforward may be taken as a credit against the taxpayer's quarterly or monthly payments under Code Section 48-7-103."
SECTION 4. Said title is further amended by revising paragraph (95) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(95) The sale or purchase of any motor vehicle titled in this state on or after March 1, 2013, pursuant to Code Section 48-5C-1. This Except as otherwise provided in this paragraph, this exemption shall not apply to leases or rentals of motor vehicles for periods of 31 or fewer consecutive days or to those sales and use taxes collected pursuant to subsection (d) of Code Section 48-8-241. Lease payments for a motor vehicle that is leased for more than 31 consecutive days for which a state and local title ad valorem tax is paid shall be exempt from sales and use taxes as provided for in this paragraph. No sales and use taxes shall be imposed upon state and local title ad valorem tax fees imposed pursuant to Chapter 5C of this title as a part of the purchase price of a motor vehicle or any portion of a lease or rental payment that is attributable to payment of state and local title ad valorem tax fees under Chapter 5C of this title."
SECTION 5. Said title is further amended by revising paragraph (4) of subsection (a) and adding a new subsection to Code Section 48-8-3.3, relating to an exemption from state sales and use taxes for certain agricultural inputs and machinery, to read as follows:
"(4) 'Energy used in agriculture' means fuels used for agricultural purposes, including, but purposes, other than fuels subject to prepaid state tax as defined in Code Section 48-8-2. The term includes, but is not limited to, off-road diesel, propane, butane, electricity, natural gas, wood, wood products, or wood by-products; liquefied petroleum gas or other fuel used in structures in which broilers, pullets, or other poultry are raised, in which swine are raised, in which dairy animals are raised or milked or where dairy products are stored on a farm, in which agricultural products are stored, and in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of agricultural products; and electricity or other fuel used in the drying, cooking, or further processing of raw agricultural products, including, but not limited to, food processing of raw agricultural products."

TUESDAY, MARCH 5, 2013

2199

"(f) A dealer that performs both manufacturing and agricultural operations at a single place of business may avail itself of the exemptions under either Code Section 48-8-3.2 or this Code section, but not both, for that place of business in any one calendar year."
SECTION 6. Said title is further amended by revising Code Section 48-8-38, relating to the burden of proof on the seller as to taxability, as follows:
"48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is shall be upon the person who makes the sale unless such person, in good faith, takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise tax exempt. (b) The certificate relieves the seller from the burden of proof as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate taken in good faith. A properly completed certificate taken in good faith means a seller shall obtain a certificate:
(1) That is fully completed, including, but not limited to, the name, address, sales tax number, and signature of the taxpayer when required; (2) In a form appropriate for the type of exemption claimed; (3) Claiming an exemption that was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (4) Claiming an exemption that could be applicable to the item being purchased; and (5) Claiming an exemption that is reasonable for the purchaser's type of business. (c) The certificate relieves the seller from the burden of proof on sales for resale as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate, taken in good faith, from a purchaser who: (1) Is engaged in the business of selling tangible personal property; (2) Has a valid sales tax registration number at the time of purchase and has listed his or her sales tax number on the certificate; and (3) At the time of purchasing the tangible personal property, the seller has no reason to believe that the purchaser does not intend to resell it in his or her regular course of business. (c)(d) The certificate shall include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (d) A purchaser claiming an exemption electronically shall use the standard form as adopted by the Streamlined Sales Tax Governing Board. (e) A seller shall obtain the same information for proof of a claimed exemption regardless of the medium in which the transaction occurred. (f) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a fully completed exemption certificate approved by the Streamlined Sales Tax Governing Board, the department, or the Multistate Tax Commission or captures the relevant data elements required under the Streamlined Sales and Use Tax Agreement

2200

JOURNAL OF THE HOUSE

within 90 days subsequent to the date of sale. If the seller has not obtained a fully completed exemption certificate or all relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale, the department shall provide the seller with 120 days subsequent to a request for substantiation to either:
(1) Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtain a certificate that claims an exemption that:
(A) Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (B) Could be applicable to the item being purchased; and (C) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that the transaction was not subject to the tax. (g) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a blanket exemption certificate from a purchaser with which the seller has a recurring business relationship."

SECTION 7. (a) This section and Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 1 shall be applicable to all taxable years beginning on or after January 1, 2012, except the provisions in Section 1 relating to Section 1106 of federal Public Law 112-95 shall also apply to taxable years beginning before January 1, 2012. (b) Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2012. (c) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Peake of the 141st moved that the House adopt the report of the Committee of Conference on HB 266.

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

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M

TUESDAY, MARCH 5, 2013

2201

Y Beasley-Teague Y Bell E Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell E Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J E Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 171, nays 0.

The motion prevailed.

By unanimous consent, all remaining Bills on the Rules Calendar were postponed until the next legislative day.

Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Thursday, March 7, 2013, and the motion prevailed.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Thursday, March 7, 2013.

2202

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, March 7, 2013

Thirtieth 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 Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley E Benton Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Chandler Channell Chapman Cheokas Clark, J Clark, V Cooke

Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas E Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, J Evans Fleming Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton E Golick Gordon Gravley Greene

Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jacobs Jasperse Jones, J Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Lindsey Lumsden Mabra Martin

Maxwell Mayo McCall Meadows Mitchell Morgan Morris E Mosby Murphy Neal Nimmer Nix Oliver O'Neal Pak Parrish Peake Pezold Powell, A Powell, J Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper

Sheldon Sims, B Sims, C Smith, E E Smith, L Smith, M Smith, R Smyre Stephens, M Stephens, R E Stephenson Stovall Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. E Thomas, B Turner Watson, B Welch E Weldon Wilkerson Wilkinson Williams, C Williams, E Williamson Yates Ralston, Speaker

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

Representatives Beverly of the 143rd, Carter of the 175th, Casas of the 107th, Coleman of the 97th, Dollar of the 45th, Epps of the 132nd, Jackson of the 128th, Pruett of the 149th, Setzler of the 35th, Shaw of the 176th, Waites of the 60th, Watson of the 172nd, and Williams of the 168th.

THURSDAY, MARCH 7, 2013

2203

They wished to be recorded as present.
Prayer was offered by Reverend Johnny D. Crist, Pastor Emeritus, Atlanta Vineyard Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, 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 546. By Representatives Beverly of the 143rd and Watson of the 166th:
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 require the Department of Public Health to establish a pilot program to assess the need for and effectiveness of using protocol technicians in areas of this state which do not have access to a hospital; to provide for legislative findings; to provide for the design of the program; to provide for an advisory council; to provide for a report; to provide for related matters; to repeal conflicting laws; and for other purposes.

2204

JOURNAL OF THE HOUSE

Referred to the Committee on Health & Human Services.
HB 547. By Representatives Beverly of the 143rd, Sims of the 169th, Watson of the 172nd and Peake of the 141st:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to parks, historic areas, memorials, and recreation, so as to provide that entrance fees to state parks shall be waived for disabled veterans; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 548. By Representatives Golick of the 40th, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th, Parsons of the 44th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to to change the description of the wards; to provide 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 549. By Representatives Burns of the 159th, Tankersley of the 160th, Hitchens of the 161st, Parrish of the 158th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to establish water emergency response procedures; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 550. By Representatives Scott of the 76th, Dawkins-Haigler of the 91st, Dukes of the 154th, Stephenson of the 90th, Smith of the 125th and others:
A BILL to be entitled an Act to amend Code Section 20-2-73 of the Official Code of Georgia Annotated, relating to suspension and removal of local

THURSDAY, MARCH 7, 2013

2205

school board members under certain circumstances, so as to establish a peer review committee to make recommendations to the Governor regarding removal of local school board members; to provide for election and terms; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 551. By Representatives Knight of the 130th, Yates of the 73rd, Rutledge of the 109th, Stephenson of the 90th and Scott of the 76th:
A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 552. By Representative Morris of the 156th:
A BILL to be entitled an Act to create a board of elections for Appling County and to provide for its powers and duties; to provide for definitions; to provide for submission 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.
HB 553. By Representative Morris of the 156th:
A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 554. By Representatives Weldon of the 3rd, Holcomb of the 81st, Welch of the 110th, Willard of the 51st, Strickland of the 111th and others:

2206

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to repeal Article 6 of the Uniform Commercial Code, relating to bulk transfers; to provide for conforming amendments to other provisions of the title; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 556. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:

A BILL to be entitled an Act to authorize the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed; to specify the uses to which said technology fees may be put; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 604. By Representatives Gardner of the 57th, Bell of the 58th, Thomas of the 56th, Kaiser of the 59th, Brooks of the 55th and others:

A RESOLUTION honoring the life of Senior Patrol Officer Gail Denise Thomas and dedicating an interchange in her memory; and for other purposes.

Referred to the Committee on Transportation.

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

HB 525 HB 527 HB 529 HB 531 HB 533 HB 535 HB 543 HB 545 HR 570 SB 96 SB 156 SB 168 SB 193

HB 526 HB 528 HB 530 HB 532 HB 534 HB 542 HB 544 HB 555 SB 76 SB 101 SB 160 SB 179 SB 194

THURSDAY, MARCH 7, 2013

2207

SB 195 SB 218

SB 209

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 233 HB 476 HB 541 SB 183

Do Pass Do Pass Do Pass Do Pass

HB 470 HB 514 SB 182

Do Pass Do Pass Do Pass

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

Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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

HR 532 Do Pass

Respectfully submitted, /s/ Smith of the 70th
Chairman

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

HR 391 HR 392 HR 506

Do Pass Do Pass Do Pass

2208

JOURNAL OF THE HOUSE

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, MARCH 7, 2013
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:
DEBATE CALENDAR
*Pursuant to Rule 33.3, debate shall be limited to no more than 1 hour on the following bills and resolution: HB 282, HB 399, HB 499, HB 512, and HR 73. Time to be allocated at the discretion of the Speaker.
Modified Open Rule HB 150 Law enforcement officers; the reproduction of arrest booking photographs;
enact provisions (Substitute)(Judy-Bruce-61st) HB 184 Nonpublic Postsecondary Educational Institutions Act of 1990;
authorization to operate by means of accreditation for institutions that meet certain requirements; provide (Substitute)(HEd-Casas-107th) HB 189 Natural Resources, Department of; notify local governing authorities before making certain significant changes in park service; require (Substitute)(GF&P-Buckner-137th) HB 203 American Indian Tribes of Georgia; recognized legitimate tribes; remove certain information (GAff-Hamilton-24th) HB 458 Condominiums; maximum allowable casualty insurance deductible imposed by associations; change (Ins-Atwood-179th) HB 490 Teacher health insurance plans; contract with local employers to librarians and other personnel employed by regional and county libraries; expand board authorization (Ed-Barr-103rd) HB 506 Chattahoochee Judicial Circuit; provide for selection of chief judge (JudySmyre-135th) HB 513 Education; Georgia Medical Center Authority; abolish (H&HSHouston-170th) HB 536 County law libraries; receipt and disbursement of funds by counties having a population of 950,000; repeal and reserve Code section (IGC-Sims-169th) HB 537 Local boards of education; population provision prohibiting certain members from holding other offices; repeal (IGC-Sims-169th) HB 538 County boards of health; population relative to superintendent of largest municipal school system in certain counties serving on board of health ex officio; repeal provision (IGC-Sims-169th)

THURSDAY, MARCH 7, 2013

2209

HB 539 HB 540
HR 107 HR 549

Campus police officers; repeal a portion of a definition based upon population classification (IGC-Sims-169th) Board of education; pension board recompute pension to teachers and employees who retired prior to April 1, 1955 and who had been awarded a pension for 20 years service in counties of 500,000 population (IGCSims-169th) Joint Study Committee on Medicaid Reform; create (Substitute)(AppSheldon-104th) House Study Committee on Professional Licensing Boards; create (AppRynders-152nd)

Modified Structured Rule HB 132 Georgia Board of Pharmacy and Georgia Board of Dentistry;
administratively attached to Department of Community Health; provide (Substitute)(RegI-Hawkins-27th) HB 282 Municipal Broadband Investment Act; enact (Substitute)(EU&THamilton-24th) HB 318 Georgia Tourism Development Act; revise certain definitions; provisions (Substitute)(ED&T-Stephens-164th) HB 372 HOPE; grant at technical college or university institutions; revise eligibility (Substitute)(App-Coomer-14th) HB 382 Torts; governing authority of school that enters into recreational joint-use agreement with public or private entity; limit liability (Substitute)(JudyPowell-171st) HB 407 Drivers' licenses; mandatory use of ignition interlock devices following second conviction for driving under influence of alcohol or drugs; modify and extend provisions (Substitute)(JudyNC-Powell-32nd) HB 434 Liens; mechanics and materialmen; special liens include amount due and interest on such amount; provide (Substitute)(Judy-Weldon-3rd) HB 463 Motor vehicle licenses; registration rates under International Registration Plan for apportioned vehicles; change (MotV-Rice-95th) HB 486 Weight of vehicles; issuance of annual commercial wrecker emergency tow permits; provide qualifications (Trans-Roberts-155th) HB 487 Public health and morals; Georgia Lottery; correct a cross reference (Substitute)(RegI-Ramsey-72nd) HB 494 Mass transportation; installation of safety markers on utility lines to provide adequate visual warning in use of private airstrips; provide (Substitute)(Trans-Welch-110th) HB 499 Torts; payor guidelines and criteria under federal law shall not establish legal basis for negligence or standard of care for medical malpractice; provide (Substitute)(Judy-Sheldon-104th)

2210

JOURNAL OF THE HOUSE

HB 511
HB 512 HB 517
HR 73 HR 603

State employees' health insurance plan; pilot program to provide coverage for bariatric surgical procedures for treatment and management of obesity; provide (Substitute)(H&HS-Dempsey-13th) Safe Carry Protection Act; enact (Substitute)(PS&HS-Jasperse-11th) (AM 29 2157) Alcohol; local control of distance requirements of grocery stores and other licensees for retail sale of wine and malt beverages near college campuses; provide (Substitute)(RegI-Williams-119th) Word, Mr. Lathan Rydell; compensate (App-Hugley-136th) Community Health, Department of; collect and report certain data relating to bariatric surgical procedures; direct (H&HS-Dempsey-13th)

Structured Rule

HB 69

Tax; amount payable for property at redemption; change provisions

(Substitute)(W&M-Benton-31st)

HB 197 Ad valorem tax; land subject to a forest land conservation use covenant;

provide taxation (Substitute)(W&M-Powell-171st)

HB 211 Motor fuel excise tax; public school systems under certain circumstances;

exempt (Substitute)(W&M-Benton-31st)

HB 399 Ad valorem tax; types of interests in real property may be subject to

taxation; clarify (Substitute)(W&M-Knight-130th)

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

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

Representative Thomas of the 56th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:

HB 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:

A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective

THURSDAY, MARCH 7, 2013

2211

dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett
Bentley E Benton Y Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Carson N Carter
Casas N Chandler N Channell
Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper E Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart N England Y Epps, C N Epps, J Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley
Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick
Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N McCall N Meadows Y Mitchell Y Morgan
Morris E Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver N O'Neal N Pak
Parrish N Parsons N Peake N Pezold N Powell, A N Powell, J N Pruett N Quick N Ramsey Y Randall N Rice N Riley N Roberts Y Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sheldon N Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M
Stephens, R E Stephenson Y Stovall N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A N Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 53, nays 106.

The motion was lost.

Representative Randall of the 142nd moved that the following Bill of the House be removed from the Local Calendar and voted on separately:

HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

2212

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.

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

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley E Benton N Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce
Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Carson N Carter
Casas N Chandler N Channell
Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper E Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart N England Y Epps, C N Epps, J Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley
Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick
Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N McCall N Meadows Y Mitchell Y Morgan
Morris E Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver N O'Neal N Pak
Parrish N Parsons N Peake N Pezold N Powell, A N Powell, J N Pruett N Quick N Ramsey Y Randall N Rice N Riley N Roberts Y Rogers, C N Rogers, T N Rutledge N Rynders Y Scott
Setzler Y Sharper N Shaw N Sheldon N Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M
Stephens, R E Stephenson Y Stovall N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch
Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A N Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 52, nays 105.

The motion was lost.

THURSDAY, MARCH 7, 2013

2213

Representative Williams of the 168th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:

HB 476. By Representatives Williams of the 168th and Stephens of the 164th:

A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley E Benton Y Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce
Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Carson N Carter
Casas N Chandler N Channell
Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper E Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas E Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart N England Y Epps, C N Epps, J Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley Y Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser N Kelley Y Kendrick
Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N McCall N Meadows Y Mitchell Y Morgan
Morris E Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver N O'Neal N Pak
Parrish N Parsons N Peake N Pezold N Powell, A N Powell, J N Pruett N Quick N Ramsey Y Randall N Rice N Riley N Roberts Y Rogers, C N Rogers, T N Rutledge N Rynders Y Scott Y Setzler Y Sharper N Shaw N Sheldon N Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M N Stephens, R E Stephenson Y Stovall N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A N Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

2214

JOURNAL OF THE HOUSE

On the motion, the ayes were 54, nays 107.
The motion was lost.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 476. By Representatives Williams of the 168th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 7, 2013

2215

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in 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 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a three-year phase-in period; 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 182. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

2216

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 183. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; 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 establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of

THURSDAY, MARCH 7, 2013

2217

the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, is amended by revising Sections IV, V, and VI as follows:
"SECTION IV. (a) There shall be two full-time judges of the State Court of Bibb County who shall be selected as provided in this section. (b) The judge of the State Court of Bibb County in office on January 1, 2013, shall continue to serve the term of office to which said judge was elected until the election and qualification of a successor as provided by law. (c) The additional judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2013, and expiring December 31, 2014, and until a successor is elected and qualified. A successor to the additional judge shall be elected in a manner provided by Code Section 21-2-138, of the O.C.G.A. for the election of judges of the state courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2138 of the O.C.G.A. for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the state courts of this state. (d) The judge of the State Court of Bibb County having the longest time in service as a judge of said court shall be the chief judge of the State Court of Bibb County. The chief judge shall have responsibility for the administration of the operations of the State Court of Bibb County, including, but not limited to, appointment of the clerk, budgeting, scheduling, and the policies, rules, and standing orders of the State Court of Bibb County. (e) The judges of the State Court of Bibb County shall receive as salary compensation an amount equal to 90 percent of the base salary paid to a judge in the superior courts by the state and, in addition, an amount equal to 90 percent of any county supplement paid to judges of the Superior Court of Bibb County. The chief judge of the State Court of Bibb County shall also be paid additional salary compensation in the amount of $2,500.00. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County. In addition to the salary compensation provided for in this section, the governing authority of Bibb County shall pay on behalf of each judge of the State Court of Bibb County a

2218

JOURNAL OF THE HOUSE

sum equal to the contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A.

SECTION V. The judges of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be subject to such restrictions and discipline, as provided by Chapter 7 of Title 15 of the O.C.G.A. for state court judges in the State of Georgia.

SECTION VI. The solicitor-general of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be selected, as provided for by law for solicitors-general in the State of Georgia. The solicitor-general of said court shall receive as compensation an amount equal to 76 percent of the salary of the judges of the Superior Court of Bibb County paid by the state, and, in addition, an amount equal to 76 percent of the amount of any county supplement paid to the judges of the Superior Court of Bibb County. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, and on the agreement to the Senate substitute, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett Y Bentley E Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas E Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J N Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L

Y McCall Y Meadows N Mitchell N Morgan Y Morris E Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak
Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, B Y Turner

THURSDAY, MARCH 7, 2013

2219

N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fleming Floyd
N Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick
Gordon Y Gravley Y Greene Y Gregory

N Jones, S N Jordan N Kaiser Y Kelley N Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates Y Ralston, Speaker

On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 119, nays 45.

HB 233, HB 470, HB 476, HB 514, SB 182, and SB 183, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.

HB 541, having failed to receive the requisite constitutional majority, was lost.

House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334

Dear Robbie

It is my intent to change my N vote to Y on HB 470.

/s/ James Beverly James Beverly 143

Representative Lindsey of the 54th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 233, HB 470, HB 476, HB 514, SB 182, and SB 183; in failing to give the requisite constitutional majority to HB 541; and in agreeing to the Senate substitute to HB 273.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

2220

JOURNAL OF THE HOUSE

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 1.

By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Shafer of the 48th, Cowsert of the 46th and Albers of the 56th:

A BILL to be entitled an Act to amend Title 33 and Title 19 of the Official Code of Georgia Annotated, relating respectively to insurance and domestic relations, so as to provide that both parents shall have equal access to the child's health insurance information and records; to provide for exceptions; to provide for parenting plans to include that both parents have access to health insurance information and records; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 99. By Senators Hill of the 32nd, Gooch of the 51st, Staton of the 18th, Chance of the 16th, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, so as to allow such taxes to be imposed at a rate of less than 1 percent; to provide for the simultaneous levy of more than one tax under such part if the combined rate of such taxes does not exceed 1 percent; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 116. By Senators Thompson of the 5th, Stone of the 23rd, Unterman of the 45th, Tate of the 38th and Jackson of the 2nd:

A BILL to be entitled an Act to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to increase the penalty for homicide by vehicle in the second degree from a misdemeanor to a misdemeanor of a high and aggravated nature; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

SB 145. By Senators Heath of the 31st, Williams of the 19th and Harper of the 7th:

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 add farm weddings to the definition of agritourism; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 7, 2013

2221

SB 155. By Senators Gooch of the 51st, Cowsert of the 46th, Ginn of the 47th, Murphy of the 27th, Wilkinson of the 50th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change the membership of the Georgia Higher Education Assistance Corporation to accommodate the Fourteenth Congressional District; to change the membership of the Georgia Student Finance Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 163. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Millar of the 40th, Loudermilk of the 14th, McKoon of the 29th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Community Health to study and identify options for Medicaid reform; to provide for a report on findings and recommendations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 181. By Senators Bethel of the 54th, Chance of the 16th, Thompson of the 33rd and Staton of the 18th:
A BILL to be entitled an Act to amend Code Section 1-4-3 of the Official Code of Georgia Annotated, relating to American History Month and Georgia History Month, so as to declare September of each year to be Georgia History Month; to repeal conflicting laws; and for other purposes.
SB 185. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend Article 9 of Title 11 of the O.C.G.A., relating to secured transactions, so as to modernize the article; to change and provide for definitions; to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets considered in determining financial condition of insurers, generally, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 204. By Senators Cowsert of the 46th and McKoon of the 29th:
A BILL to be entitled an Act to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not

2222

JOURNAL OF THE HOUSE

subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, so as to limit the scope of judgments or orders in child custody cases which are subject to direct appeal; to repeal conflicting laws; and for other purposes.
SB 207. By Senators Albers of the 56th, Stone of the 23rd, McKoon of the 29th, Shafer of the 48th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to add private home care providers to the list of persons who may be disqualified from employment when discharged as a felony offender under a first offender plea; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 212. By Senators Mullis of the 53rd, Tippins of the 37th, Miller of the 49th, Butler of the 55th, Millar of the 40th and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require schools to provide training in cardiopulmonary resuscitation and the use of an automated external defibrillator for students in grades seven through 12; to provide for a definition; to provide for requirements; to provide for monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 216. By Senator Carter of the 1st:
A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 224. By Senators Golden of the 8th, Shafer of the 48th and Chance of the 16th:
A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to provide for conditions, procedures, and limitations; to provide for related

THURSDAY, MARCH 7, 2013

2223

matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 378. By Senators Mullis of the 53rd, Staton of the 18th, Miller of the 49th, Albers of the 56th, Wilkinson of the 50th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for the dedication of revenues collected from the sale of fireworks for the funding of trauma care and firefighter services in the State of Georgia; to provide that the General Assembly may provide by law for the dedication and deposit of revenues raised from specified sources for the purpose of funding trauma care and firefighter services; to provide that such funds shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:

SB 1.

By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Shafer of the 48th, Cowsert of the 46th and Albers of the 56th:

A BILL to be entitled an Act to amend Title 33 and Title 19 of the Official Code of Georgia Annotated, relating respectively to insurance and domestic relations, so as to provide that both parents shall have equal access to the child's health insurance information and records; to provide for exceptions; to provide for parenting plans to include that both parents have access to health insurance information and records; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 99.

By Senators Hill of the 32nd, Gooch of the 51st, Staton of the 18th, Chance of the 16th, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, so as to allow such taxes to be imposed at a rate of less than 1 percent; to provide for the simultaneous levy of more than one tax under such part if the combined rate of such taxes does not

2224

JOURNAL OF THE HOUSE

exceed 1 percent; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 116. By Senators Thompson of the 5th, Stone of the 23rd, Unterman of the 45th, Tate of the 38th and Jackson of the 2nd:
A BILL to be entitled an Act to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to increase the penalty for homicide by vehicle in the second degree from a misdemeanor to a misdemeanor of a high and aggravated nature; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 145. By Senators Heath of the 31st, Williams of the 19th and Harper of the 7th:
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 add farm weddings to the definition of agritourism; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 155. By Senators Gooch of the 51st, Cowsert of the 46th, Ginn of the 47th, Murphy of the 27th, Wilkinson of the 50th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change the membership of the Georgia Higher Education Assistance Corporation to accommodate the Fourteenth Congressional District; to change the membership of the Georgia Student Finance Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 163. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Millar of the 40th, Loudermilk of the 14th, McKoon of the 29th and others:

THURSDAY, MARCH 7, 2013

2225

A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Community Health to study and identify options for Medicaid reform; to provide for a report on findings and recommendations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 181. By Senators Bethel of the 54th, Chance of the 16th, Thompson of the 33rd and Staton of the 18th:
A BILL to be entitled an Act to amend Code Section 1-4-3 of the Official Code of Georgia Annotated, relating to American History Month and Georgia History Month, so as to declare September of each year to be Georgia History Month; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
SB 185. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend Article 9 of Title 11 of the O.C.G.A., relating to secured transactions, so as to modernize the article; to change and provide for definitions; to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets considered in determining financial condition of insurers, generally, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 204. By Senators Cowsert of the 46th and McKoon of the 29th:
A BILL to be entitled an Act to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, so as to limit the scope of judgments or orders in child custody cases which are subject to direct appeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

2226

JOURNAL OF THE HOUSE

SB 207. By Senators Albers of the 56th, Stone of the 23rd, McKoon of the 29th, Shafer of the 48th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to add private home care providers to the list of persons who may be disqualified from employment when discharged as a felony offender under a first offender plea; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 212. By Senators Mullis of the 53rd, Tippins of the 37th, Miller of the 49th, Butler of the 55th, Millar of the 40th and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require schools to provide training in cardiopulmonary resuscitation and the use of an automated external defibrillator for students in grades seven through 12; to provide for a definition; to provide for requirements; to provide for monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 216. By Senator Carter of the 1st:
A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 224. By Senators Golden of the 8th, Shafer of the 48th and Chance of the 16th:
A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to provide for conditions, procedures, and limitations; to provide for related

THURSDAY, MARCH 7, 2013

2227

matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SR 378. By Senators Mullis of the 53rd, Staton of the 18th, Miller of the 49th, Albers of the 56th, Wilkinson of the 50th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for the dedication of revenues collected from the sale of fireworks for the funding of trauma care and firefighter services in the State of Georgia; to provide that the General Assembly may provide by law for the dedication and deposit of revenues raised from specified sources for the purpose of funding trauma care and firefighter services; to provide that such funds shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Appropriations.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Coomer of the 14th, Williams of the 168th, Benton of the 31st, Waites of the 60th, Neal of the 2nd, and Thomas of the 56th.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the House, having been postponed from the previous legislative day, were taken up for consideration and read the third time:
HB 454. By Representatives Martin of the 49th, Lindsey of the 54th and Abrams of the 89th:
A BILL to be entitled an Act to amend Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the contents and form of the budget report, so as to require certain items to be included in the tax expenditure review; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

2228

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J
Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes
Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 402. By Representatives Stephens of the 164th and Spencer of the 180th:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to revise various provisions relative to shore protection

THURSDAY, MARCH 7, 2013

2229

and coastal marshlands protection; to revise and add definitions; to establish authority and powers of the Department of Natural Resources; to revise provisions relating to permit activities and procedures; to repeal provisions relating to local shore assistance programs; to provide for marine contractor licenses; to repeal provisions relating to the leasing of state-owned marshland or water bottoms; to provide for applicability; to strike obsolete language and correct cross-references; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to revise and add definitions; to establish authority of the Department of Natural Resources to issue letters of permission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, is amended in Code Section 12-5-232, relating to definitions relative to shore protection, by adding three new paragraphs to read as follows:
"(6.1) 'Commissioner' means the commissioner of natural resources." "(9.1) 'Letter of permission' means written authorization from the department to conduct a proposed activity in an area subject to the jurisdiction of this part, provided such activity is either within the physical perimeter of an existing serviceable project or involves the construction and removal of a project or other temporary activity that concludes within six months, inclusive of the time needed to return all affected areas to a condition approximate to, or better than, that which existed before commencement of the activity." "(16.1) 'Serviceable' means usable as is or with only minor maintenance, but not so degraded as to essentially require reconstruction, as determined by the department."
SECTION 2. Said article is further amended in Code Section 12-5-234, relating to the powers and duties of the department relative to shore protection, by revising subsection (a) as follows:
"(a) The department shall have the following authority:

2230

JOURNAL OF THE HOUSE

(1) To administer and enforce this part and all rules, regulations, and orders issued pursuant to this part; (2) To accept moneys from persons, government units, and private organizations; (3) To conduct public hearings and to institute and to prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated pursuant to this part; provided, however, that all such actions shall be in the name of the department; (4) To make reasonable inspections of the lands within jurisdiction of this part to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued pursuant to this part are faithfully complied with; and (5) To issue letters of permission and impose a reasonable fee for processing such letters of permission; and (5)(6) To exercise all incidental powers necessary to carry out the purposes of this part."
SECTION 3. Said article is further amended by revising Code Section 12-5-237, relating to required permits for shoreline construction, to read as follows: "12-5-237.
(a) No person shall construct or erect any structure or construct, erect, conduct, or engage in any shoreline engineering activity or engage in any land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accordance with the terms and conditions of a permit therefor issued in accordance with this part. A permit may authorize the construction or maintenance of the project proposed in an application. After construction of a project pursuant to a permit, the project may be maintained without a an additional permit so long as it does not further alter the natural topography or vegetation of the site or increase the size or scope of the project, and remains in serviceable condition.
(b)(1) No permit shall be required for a structure, shoreline engineering activity, or land alteration which exists as of July 1, 1979, provided that a permit must be obtained for any modification which will have a greater adverse effect on the sandsharing system or for any addition to or extension of such shoreline engineering activity, structure, or land alteration; provided, further, that, if any structure, shoreline engineering activity, or land alteration is more than 80 percent destroyed by wind, water, or erosion as determined by an appraisal of the fair market value by a real estate appraiser certified pursuant to Chapter 39A of Title 43, a permit is required for reconstruction. (2) No permit shall be required for any activity conducted pursuant to a letter of permission. At least 15 days prior to the commencement of any activity authorized pursuant to a letter of permission, the department shall provide public notice describing such activity and the location thereof; provided, however, that public notice shall not be required for any such activity that is necessary for public safety or the delivery of public services."

THURSDAY, MARCH 7, 2013

2231

SECTION 4. Said article is further amended in Code Section 12-5-282, relating to definitions relative to coastal marshlands, by adding two new paragraphs to read as follows:
"(7.1) 'Letter of permission' means written authorization from the department to conduct a proposed activity in an area subject to the jurisdiction of this part, provided such activity is either within the physical perimeter of an existing serviceable project or involves the construction and removal of a project or other temporary activity that concludes within six months, inclusive of the time needed to return all affected areas to a condition approximate to, or better than, that which existed prior to the commencement of such activity." "(13) 'Serviceable' means usable as is or with only minor maintenance but not so degraded as to essentially require reconstruction, as determined by the department."
SECTION 5. Said article is further amended in Code Section 12-5-284, relating to the authority of the Department of Natural Resources relative to coastal marshlands generally, by revising subsection (a) as follows:
"(a) The department shall have the following authority: (1) To administer and enforce this part and all rules, regulations, and orders promulgated under this part and to determine jurisdiction under this part; (2) To accept moneys that are available from persons, government units, and private organizations; (3) To conduct public hearings and institute and prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated hereunder, provided that all such actions shall be in the name of the department; and (4) To issue letters of permission and impose a reasonable fee for processing such letters of permission; and (4)(5) To exercise all incidental powers necessary to carry out the purposes of this part."
SECTION 6. Said article is further amended in Code Section 12-5-286, relating to permit requirements and procedures, by revising subsection (a) as follows:
"(a)(1) No person shall remove, fill, dredge, drain, or otherwise alter any marshlands or construct or locate any structure on or over marshlands in this state within the estuarine area thereof without first obtaining a permit from the committee or, in the case of minor alteration of marshlands, the commissioner. A permit may authorize the construction or maintenance of the project proposed in an application. After construction pursuant to a permit, a project may be maintained without a an additional permit so long as it does not further alter the natural topography or vegetation at the project site and remains in serviceable condition.

2232

JOURNAL OF THE HOUSE

(2) No permit shall be required for any activity conducted pursuant to a letter of permission. At least 15 days prior to the commencement of any activity authorized pursuant to a letter of permission, the department shall provide public notice describing such activity and the location thereof; provided, however, that public notice shall not be required for any such activity that is necessary for public safety or the delivery of public services."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Fullerton Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold
Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland
Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

THURSDAY, MARCH 7, 2013

2233

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 238. By Representatives Maxwell of the 17th, Battles of the 15th, Coleman of the 97th, Benton of the 31st, Riley of the 50th and others:
A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Public School Employees Retirement System, so as to clarify certain provisions relating to a limitation on the maximum level of retirement benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 47-7-60 of the Official Code of Georgia Annotated, relating to dues required of members of the Georgia Firefighters' Pension Fund and effect of failure to pay dues in a timely manner, so as to change the amount of dues required; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-7-60 of the Official Code of Georgia Annotated, relating to dues required of members of the Georgia Firefighters' Pension Fund and effect of failure to pay dues in a timely manner, is amended by revising subsection (a) as follows:
"(a) Each firefighter or volunteer firefighter accepted for membership in the fund shall pay to the fund the sum of $15.00 $25.00 for each month of service as a firefighter or volunteer firefighter in a fire department. Such monthly payments shall be due on or before the tenth day of each month of service."
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.

2234

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Fludd Y Frazier Y Frye Y Fullerton Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris E Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

HB 78. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Abrams of the 89th, Cooper of the 43rd and others:

A BILL to be entitled an Act to amend Title 16, Code Section 24-13-130, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the O.C.G.A., relating to crimes and offenses, when depositions to preserve testimony in

THURSDAY, MARCH 7, 2013

2235

criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit exploitation of disabled adults, elder persons, and residents; to move relevant criminal penalties from Title 30 into Title 16; to amend Code Section 17-17-3, Title 31, Chapter 3 of Title 35, and Code Sections 42-8-63.1 and 49-2-14.1 of the O.C.G.A., so as to provide for conforming cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 16, Code Section 24-13-130, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities, respectively, so as to expand protection of disabled adults and elder persons; to provide for and revise definitions; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit exploitation of disabled adults, elder persons, and residents; to provide for exceptions to criminal liability; to provide for investigatory powers; to expand the right to take a deposition in criminal proceedings under certain circumstances; to apply provisions relating to the protection of elder persons from exploitation to elder persons who are residents in long-term care facilities; to expand reporting requirements for persons in need of protective services and for reporting abuse or exploitation in long-term care facilities; to expand the cooperative development of certain education and training programs; to move relevant criminal penalties from Title 30 into Title 16; to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to include physician assistants as mandatory reporters; to amend Code Section 17-17-3, Title 31, Chapter 3 of Title 35, and Code Sections 42-8-63.1 and 49-2-14.1 of the Official Code of Georgia Annotated, relating to definitions, health, the Georgia Bureau of Investigation, discharging disqualifying individuals from employment, and records check requirements for licensing certain child welfare agencies, respectively, so as to provide for conforming cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I ELDER PROTECTION MODERNIZATION

2236

JOURNAL OF THE HOUSE

SECTION 1-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Article 8 of Chapter 5, relating to the protection of elder persons, as follows:
"ARTICLE 8
16-5-100. As used in this article, the term:
(1) 'Alzheimer's disease' means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (2) 'Dementia' means:
(A) An irreversible global loss of cognitive function causing evident intellectual impairment which always includes memory loss, without alteration of state of consciousness, as diagnosed by a physician, and is severe enough to interfere with work or social activities, or both, and to require at least intermittent care or supervision; or (B) The comatose state of an adult resulting from any head injury. (3) 'Disabled adult' means a person 18 years of age or older who is mentally or physically incapacitated or has Alzheimer's disease or dementia. (4) 'Elder person' means a person 65 years of age or older. (5) 'Essential services' means social, medical, psychiatric, or legal services necessary to safeguard a disabled adult's, elder person's, or resident's rights and resources and to maintain the physical and mental well-being of such person. Such services may include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards. (6) 'Exploit' means illegally or improperly using a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another person's profit or advantage. (7) 'Long-term care facility' means any skilled nursing facility, intermediate care home, assisted living community, community living arrangement, or personal care home subject to regulation and licensure by the Department of Community Health. (8) 'Resident' means any person who is receiving treatment or care in any long-term care facility. (9) 'Sexual abuse' means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult, elder person, or resident to engage in any of the following conduct: (A) Lewd exhibition of the genitals or pubic area of any person;

THURSDAY, MARCH 7, 2013

2237

(B) Flagellation or torture by or upon a person who is unclothed or partially unclothed; (C) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated; (D) Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; (E) Defecation or urination for the purpose of sexual stimulation of the viewer; or (F) Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure.
16-5-100. 16-5-101. (a) A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a person who is 65 years of age or older disabled adult, elder person, or resident commits the offense of cruelty to a person who is 65 years of age or older disabled adult, elder person, or resident when the person willfully deprives a person who is 65 years of age or older disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of a person who is 65 years of age or older such person is jeopardized or willfully inflicts physical pain, physical injury, sexual abuse, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult, elder person, or resident. (b) The provisions of this Code section shall not apply to a physician nor any person acting under a physician's direction nor to a hospital, skilled nursing facility, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith following a course of treatment developed in accordance with accepted medical standards acting within the scope of his or her employment or agency or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, an order not to resuscitate, or the instructions of the patient or the patient's lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31, or any employee or agent thereof to provide health care essential services or shelter to any person in the absence of another legal obligation to do so. (b.1)(c) The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge, or control, or custody of a person who is 65 years of age or older disabled adult, elder person, or resident who in good faith provides treatment by spiritual means alone through prayer for the person's physical or mental condition, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the person. (c)(d) A person convicted of who commits the offense of cruelty to a person who is 65 years of age or older as provided in this Code section disabled adult, elder person, or resident of a long-term care facility, upon conviction, shall be punished by

2238

JOURNAL OF THE HOUSE

imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.
16-5-102. (a) Any person who knowingly and willfully exploits a disabled adult, elder person, or resident shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both. (b) Any person who threatens, intimidates, or attempts to intimidate a disabled adult, elder person, or resident who is the subject of a report made pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, a witness, or any other person cooperating with an investigation conducted pursuant to this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (c) Any person who willfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, upon conviction, shall be guilty of a misdemeanor of a high and aggravated nature.
16-5-103. An owner, officer, administrator, board member, employee, or agent of a long-term care facility shall not be held criminally liable for the actions of another person who is convicted pursuant to this article unless such owner, officer, administrator, board member, employee, or agent has failed in his or her duty to provide essential services to a disabled adult, elder person, or resident.
16-5-104. This article shall be cumulative and supplemental to any other law of this state."
SECTION 1-2. Said title is further amended by revising subsection (a) of Code Section 16-9-108, relating to investigative and subpoena powers of district attorney and the Attorney General, as follows:
"(a) In any investigation of a violation of this article or any investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, Article 8 of Chapter 5 of this title, or Article 8 of Chapter 9 of Title 16 this chapter involving the use of a computer in furtherance of the act, the Attorney General or any district attorney shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. The Attorney General or any such district attorney is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers."

THURSDAY, MARCH 7, 2013

2239

SECTION 1-3. Said title is further amended by revising subsection (a) of Code Section 16-9-109, relating to disclosures by service providers pursuant to investigations, as follows:
"(a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, or 16-5-90, Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer, cellular telephone, or any other electronic device used in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section."
SECTION 1-4. Code Section 24-13-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, is amended by revising subsections (b) and (c) as follows:
"(b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the proceeding and the witness:
(1) Is in imminent danger of death or great bodily harm; (2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding; (3) Is about to leave this state, and there are reasonable grounds to believe that such witness will be unable to attend the a criminal trial or proceeding; (4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the testify as a witness at a criminal trial or proceeding; or (5) Is being detained as a material witness, and there are reasonable grounds to believe that the witness will flee if released from detention; or (6) Is 72 years of age or older. (c) A motion to take a deposition of a material witness, or a physician as provided in paragraph (2) of subsection (a) of this Code section, shall be verified and shall state: (1) The nature of the offense charged; (2) The status of the criminal proceedings; (3) The name of the witness and an address in Georgia where the witness may be contacted unless, for good cause shown, the court allows an exception to this paragraph;

2240

JOURNAL OF THE HOUSE

(4) That the testimony of the witness is material to the proceeding or that the witness is a physician as provided in paragraph (2) of subsection (a) of this Code section; and (5) The basis for taking the deposition as provided in subsection (b) of this Code section."
SECTION 1-5. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising Code Section 30-5-3, relating to definitions for the chapter, as follows:
"30-5-3. As used in this chapter, the term:
(1) 'Abuse' means the willful infliction of physical pain, physical injury, sexual abuse, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person. (2) 'Caretaker' means a person who has the responsibility for the care of a disabled adult or elder person as a result of family relationship, contract, voluntary assumption of that responsibility, or by operation of law. (3) 'Court' means the probate court for the county of residence of the disabled adult or elder person or the county in which such person is found. In any case in which the judge of the probate court is unable to hear a case brought under this chapter within the time required for such hearing, such judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or said judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of such county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served. (4)(3) 'Department' means the Department of Human Services. (5)(4) 'Director' means the director of the Division of Aging Services of the Department of Human Services, or the director's designee. (6)(5) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72 16-5-100. (7) 'Disabled adult in need of protective services' means a disabled adult who is subject to abuse, neglect, or exploitation as a result of that adult's mental or physical incapacity.

THURSDAY, MARCH 7, 2013

2241

(7.1)(6) 'Elder person' means a person 65 years of age or older who is not a resident of a long-term care facility as defined in Article 4 of Chapter 8 of Title 31. (8)(7) 'Essential services' means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult's or elder person's rights and resources and to maintain the physical and mental well-being of such person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include the taking into physical custody of a disabled adult or elder person without that person's consent. (9)(8) 'Exploitation' means the illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage. (10)(9) 'Neglect' means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person. (11)(10) 'Protective services' means services necessary to protect a disabled adult or elder person from abuse, neglect, or exploitation. Such services shall include, but not be limited to, evaluation of the need for services and mobilization of essential services on behalf of a disabled adult or elder person. (11) 'Sexual abuse' means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult or elder person to engage in any of the following conduct:
(A) Lewd exhibition of the genitals or pubic area of any person; (B) Flagellation or torture by or upon a person who is unclothed or partially unclothed; (C) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated; (D) Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; (E) Defecation or urination for the purpose of sexual stimulation of the viewer; or (F) Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure."
SECTION 1-6. Said chapter is further amended by revising subsection (a) and paragraph (1) of subsection (b) and adding a new subsection to Code Section 30-5-4, relating to reporting of the need for protective services, to read as follows:
"(a)(1)(A) The following persons Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, chiropractor, podiatrist,

2242

JOURNAL OF THE HOUSE

pharmacist, physical therapist, occupational therapist, licensed professional counselor, nursing personnel, social work personnel, day-care personnel, coroner, medical examiner, employee of a public or private agency engaged in professional health related services to elder persons or disabled adults, or law enforcement personnel having reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person been the victim of abuse, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section:
(i) Any person required to report child abuse as provided in subsection (c) of Code Section 19-7-5; (ii) Physical therapists; (iii) Occupational therapists; (iv) Day-care personnel; (v) Coroners; (vi) Medical examiners; (vii) Emergency medical services personnel, as such term is defined in Code Section 31-11-49; (viii) Any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31; (ix) Employees of a public or private agency engaged in professional health related services to elder persons or disabled adults; and (x) Clergy members. (B) Any Except as provided in this paragraph, any employee of a financial institution, as defined in Code Section 7-1-4, having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution while that employee is acting as a fiduciary, as defined in Code Section 7-1-4, but only for such assets that the employee is holding or managing in a fiduciary capacity. (C) When the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, such person shall notify the person in charge of the facility and such person or that person's designee shall report or cause reports to be made in accordance with the provisions of this Code section. (2) Any other person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services, or has been the victim of abuse, neglect, or exploitation may report such information as provided in this Code section. (b)(1) A report that a disabled adult or elder person who is not a resident of a longterm care facility as defined in Code Section 31-8-80 31-8-81 is in need of protective services or has been the victim of abuse, neglect, or exploitation shall be made to an

THURSDAY, MARCH 7, 2013

2243

adult protection agency providing protective services, as designated by the department or, if such agency is unavailable, and to an appropriate law enforcement agency or prosecuting attorney. If a report of a disabled adult or elder person abuse or exploitation is made to an adult protection agency or independently discovered by the agency and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate law enforcement agency or prosecuting attorney. If the disabled adult or elder person is a resident of a long-term care facility as defined in Code Section 31-8-80 31-8-81, a report shall be made in accordance with Article 4 of Chapter 8 of Title 31. If a report made in accordance with the provisions of this Code section alleges that the abuse or exploitation occurred within a long-term care facility, such report shall be investigated in accordance with Articles 3 and 4 of Chapter 8 of Title 31." "(d) Any suspected abuse, neglect, exploitation, or need for protective services 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, neglect, exploitation, or need for protective services 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 such matters confided to him or her 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 abuse, neglect, exploitation, or the need for protective services 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 such matters from the confession of the perpetrator."
SECTION 1-7. Said chapter is further amended by revising Code Section 30-5-5, relating to investigation of reports of need for protective services, by adding new subsections to read as follows:
"(i) In any case in which the judge of the court is unable to hear a case brought under this chapter within the time required for such hearing, such judge shall appoint a person to serve and exercise all the jurisdiction of the court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a caseby-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or said judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of such county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served.

2244

JOURNAL OF THE HOUSE

(j) As used in this Code section, the term 'court' means the probate court for the county of residence of the disabled adult or elder person or the county in which such person is found."
SECTION 1-8. Said chapter is further amended by revising Code Section 30-5-7, relating to confidentiality of public records, as follows:
"30-5-7. All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Nothing in this Code section shall be construed to deny state agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse or exploitation within an agency's scope of authority, or to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an a disabled adult or elder person is a victim from having access to such records."
SECTION 1-9. Said chapter is further amended by revising Code Section 30-5-8, relating to criminal offenses and penalties, as follows:
"30-5-8. (a)(1)(A) In addition to any other provision of law, the abuse or exploitation of any disabled adult or elder person shall be unlawful. (B) In addition to any other provision of law, the neglect of any disabled adult or elder person by a guardian, caretaker, or other person supervising the welfare of or having immediate charge or custody of such disabled adult or elder person shall be unlawful.
(2) In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term 'disabled adult' means a person 18 years of age or older who is:
(A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and (B) Mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72. An owner, officer, administrator, or board member of a long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided under any other law.

THURSDAY, MARCH 7, 2013

2245

(3) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)(a)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection Code section shall be guilty of a misdemeanor. (c)(b) Any violation of this Code section shall constitute a separate offense."
SECTION 1-10. Said chapter is further amended by revising Code Section 30-5-10, relating to cooperative effort in development of programs relating to abuse and exploitation of persons 65 years of age or older, as follows:
"30-5-10. The Department of Human Services department, the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council of the State of Georgia, and the Institute of Continuing Judicial Education shall develop programs for the education and training of social services, criminal justice, and judicial professionals concerning the abuse and exploitation of persons who are 65 years of age or older disabled adults, elder persons, and residents of long-term care facilities, as defined in Code Section 165-100. Said agencies, together with any other agency of this state which is involved in the investigation of the abuse or exploitation of persons who are 65 years of age or older disabled adults, elder persons, and residents of long-term care facilities, as defined in Code Section 16-5-100, are directed to cooperate in the development of such training programs to the extent allowable under Article I, Section II, Paragraph III of the Constitution of this state."
SECTION 1-11. Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of residents in long-term care facilities, is amended by revising paragraph (2) of Code Section 31-8-81, relating to definitions for the article, as follows:
"(2) 'Exploitation' means an unjust the illegal or improper use of another person or the person's property a resident or the resident's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage."
SECTION 1-12. Said article is further amended by revising Code Section 31-8-82, relating to reporting abuse or exploitation in long-term care facilities, as follows:
"31-8-82. (a) Any:

2246

JOURNAL OF THE HOUSE

(1) Administrator, manager, physician, nurse, nurse's aide, orderly, or other employee in a hospital or facility; (2) Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, or psychologist; or (3) Employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities who has knowledge of the following people who have reasonable cause to believe that any resident or former resident has been abused or exploited while residing in a longterm care facility shall immediately make a report as described in subsection (c) (d) of this Code section by telephone or in person to the department. In the event that an immediate report to the department is not possible, the person and shall make the report to the appropriate law enforcement agency or prosecuting attorney: (1) Any person required to report child abuse as provided in subsection (c) of Code Section 19-7-5; (2) Physical therapists; (3) Occupational therapists; (4) Day-care personnel; (5) Coroners; (6) Medical examiners; (7) Emergency medical services personnel, as defined in Code Section 31-11-49; (8) Any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31; (9) Employees of a public or private agency engaged in professional health related services to residents; and (10) Clergy members. (b) Persons required to make a report pursuant to subsection (a) of this Code section Such person shall also make a written report to the department within 24 hours after making the initial report. (b)(c) Any other person who has knowledge that a resident or former resident has been abused or exploited while residing in a long-term care facility may report or cause a report to be made to the department or the appropriate law enforcement agency. (c)(d) A report of suspected abuse or exploitation shall include the following: (1) The name and address of the person making the report unless such person is not required to make a report; (2) The name and address of the resident or former resident; (3) The name and address of the long-term care facility; (4) The nature and extent of any injuries or the condition resulting from the suspected abuse or exploitation; (5) The suspected cause of the abuse or exploitation; and (6) Any other information which the reporter believes might be helpful in determining the cause of the resident's injuries or condition and in determining the identity of the person or persons responsible for the abuse or exploitation.

THURSDAY, MARCH 7, 2013

2247

(d) Upon receipt of a report of abuse or exploitation, the department may notify the appropriate law enforcement agency. In the event a report is made directly to a law enforcement agency, under subsection (a) or (b) of this Code section, that agency shall immediately notify the department. (e) The department shall maintain accurate records which shall include all reports of abuse or exploitation, the results of all investigations and administrative or judicial proceedings, and a summary of actions taken to assist the resident. (f) Any suspected abuse or exploitation 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 or exploitation 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 such matters confided to him or her 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 abuse or exploitation 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 such matters from the confession of the perpetrator."
SECTION 1-13. Said article is further amended by revising Code Section 31-8-86 relating to confidentiality, as follows:
"31-8-86. The identities of the resident, the alleged perpetrator, and persons making a report or providing information or evidence shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be revealed or as otherwise required by law. Upon the resident's or his or her representative's request, the department shall make information obtained in an abuse report or complaint and an investigation available to an allegedly abused or exploited resident or his or her representative for inspection or duplication, except that such disclosure shall be made without revealing the identity of any other resident, the person making the report, or persons providing information by name or inference. For the purpose of this Code section, the term 'representative' shall include any person authorized in writing by the resident or appointed by an appropriate court to act upon the resident's behalf. The term 'representative' also shall include a family member of a deceased or physically or mentally impaired resident unable to grant authorization; provided, however, that such family members who do not have written or court authorization shall not be authorized by this Code section to receive the resident's health records as defined in Code Section 31-33-1. Nothing in this Code section shall be construed to deny agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse or exploitation within an agency's scope of authority, or law enforcement personnel who are

2248

JOURNAL OF THE HOUSE

conducting an investigation into any criminal offense in which a resident is a victim from having access to such records."
PART II MANDATORY REPORTERS
SECTION 2-1.
Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, is amended by revising subparagraph (c)(1)(A), as follows:
"(A) Physicians licensed to practice medicine, physician assistants, interns, or residents;"
PART III CROSS-REFERENCES
SECTION 3-1.
Code Section 17-17-3 of the Official Code of Georgia Annotated, relating to definitions for the "Crime Victims' Bill of Rights," is amended by revising paragraph (4) as follows:
"(4) 'Crime' means an act committed in this state which constitutes any violation of Chapter 5 of Title 16; Chapter 6 of Title 16; Article 1, 3, or 4 of Chapter 7 of Title 16; Article 1 or 2 of Chapter 8 of Title 16; Chapter 9 of Title 16; Part 3 of Article 3 of Chapter 12 of Title 16; Code Section 30-5-8; Code Section 40-6-393; Code Section 40-6-393.1; or Code Section 40-6-394."
SECTION 3-2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subparagraphs (a)(2)(E) and (a)(2)(L) through (a)(2)(N) of Code Section 31-2-9, relating to records check requirements for certain facilities under the Department of Community Health, as follows:
"(E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older Article 8 of Chapter 5 of Title 16;" "(L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N)(M) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere."
SECTION 3-3. Said title is further amended by revising subparagraphs (N) and (O) of paragraph (2) of Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks for personal care homes, as follows:

THURSDAY, MARCH 7, 2013

2249

"(N) A violation of Code Section 16-6-5.1, relating to sexual assault against a person in custody; (O) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person Article 8 of Chapter 5 of Title 16;"
SECTION 3-4. Said title is further amended by revising paragraph (2) of Code Section 31-7-350, relating to definitions for nursing home employee record checks, as follows:
"(2) 'Crime' means commission of an offense which constitutes a felony with respect to the following:
(A) A violation of Code Section 16-5-21, relating to aggravated assault; (B) A violation of Code Section 16-5-24, relating to aggravated battery; (C) A violation of Code Section 16-6-1, relating to rape; (D) A violation of Code Section 16-8-2, relating to theft by taking; (E) A violation of Code Section 16-8-3, relating to theft by deception; (F) A violation of Code Section 16-8-4, relating to theft by conversion; (G) A violation of Code Section 16-5-1, relating to murder and felony murder; (H) A violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; (I) A violation of Code Section 16-8-40, relating to robbery; (J) A violation of Code Section 16-8-41, relating to armed robbery; (K) A felony violation of Code Section 16-9-1; (L) A violation of Article 8 of Chapter 5 of Title 16; (L)(M) A violation of Chapter 13 of Title 16, relating to controlled substances; or (M)(N) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere."
SECTION 3-5. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by revising paragraph (14) of subsection (a) of Code Section 35-3-4, relating to the powers and duties of the Georgia Bureau of Investigation, as follows:
"(14) Identify and investigate violations of Code Section 30-5-8 or 16-5-100 Article 8 of Chapter 5 of Title 16; and"
SECTION 3-6. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 35-3-34.1, relating to circumstances when exonerated first offender's criminal record may be disclosed, as follows:
"(2) The request for information is an inquiry about a person who has applied for employment with a nursing home, assisted living community, personal care home, long-term care facility as defined in Code Section 31-8-51 or a person or entity that

2250

JOURNAL OF THE HOUSE

offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8 Article 8 of Chapter 5 of Title 16; or"

SECTION 3-7. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to discharging disqualifying individuals from employment, is amended by revising paragraph (3) of subsection (a) as follows:
"(3) The employment is with a nursing home, assisted living community, personal care home, long-term care facility as defined in Code Section 31-8-51 or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8 Article 8 of Chapter 5 of Title 16; or"

SECTION 3-8. Code Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to records check requirements for licensing certain child welfare agencies, is amended by revising subparagraphs (a)(2)(E) and (a)(2)(L) through (a)(2)(N) as follows:
"(E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older Article 8 of Chapter 5 of Title 16;" "(L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N)(M) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere."

PART IV REPEALER SECTION 4-1.

All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams Y Alexander Y Allison

Y Coomer Y Cooper E Dawkins-Haigler

Y Hamilton Y Harbin Y Harden

Y McCall Y Meadows Y Mitchell

Sims, C Y Smith, E Y Smith, L

THURSDAY, MARCH 7, 2013

2251

Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett
Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye
Fullerton Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Morgan E Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 497. By Representatives Tanner of the 9th, Rogers of the 29th, Hamilton of the 24th, Burns of the 159th and Hawkins of the 27th:

A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to revise provisions regarding the numbering and registration of vessels; to revise application procedures and expiration provisions; to revise a provision regarding exclusions and exemptions; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

2252

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 168, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

HB 473. By Representatives Welch of the 110th and Wilkinson of the 52nd:

A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and

THURSDAY, MARCH 7, 2013

2253

municipal corporations, so as to add the option of fiscal year 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.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 170, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

2254

JOURNAL OF THE HOUSE

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the House:

HB 364. By Representatives Strickland of the 111th, Rutledge of the 109th, Welch of the 110th, Knight of the 130th and Yates of the 73rd:

A BILL to be entitled an Act to authorize the governing authority of the City of McDonough 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 466. By Representatives Rogers of the 10th and Gasaway of the 28th:

A BILL to be entitled an Act to provide for a new charter for the City of Cornelia; to provide a general repealer; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

HB 240. By Representatives Carson of the 46th, Holt of the 112th, Black of the 174th and Evans of the 42nd:

A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require Medicaid and PeachCare for Kids reimbursement for certain speech-language pathology services; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower

Y McCall Y Meadows Y Mitchell Y Morgan E Morris E Mosby Y Murphy Y Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M

THURSDAY, MARCH 7, 2013

2255

Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon
Gravley Y Greene Y Gregory

Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight
Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts
Rogers, C Y Rogers, T N Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S N Welch N Weldon
Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 159, nays 6.

The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th:

A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

2256

JOURNAL OF THE HOUSE

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 transfer responsibility for administration and enforcement of provisions relating to coin operated amusement machines from the Department of Revenue to the Georgia Lottery Corporation; to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to a lottery for education, so as to provide for such transfer of responsibility; to provide for findings of the General Assembly; to revise provisions relating to such administration and enforcement; to provide for licensing of operators; to create the Class B machine operators advisory board; to provide for a Class B accounting terminal; to provide for procedures, conditions, and limitations; to provide for fees and penalties; to provide for disposition of certain revenues; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to improper use of coin operated amusement machines, so as to change certain provisions relating to definitions; to change certain provisions regarding forfeiture of coin operated amusement machines; to amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to state legislative intent with respect to the effect of this Act on maritime vessels; to provide for an effective date; to provide for an automatic repeal upon a finding of unconstitutionality; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Chapter 17, relating to coin operated amusement machines, and redesignating it as a new Article 3 of Chapter 27 of Title 50, relating to a lottery for education, as follows: "CHAPTER 17 ARTICLE 3
Part 1 48-17-1. 50-27-70. (a) The General Assembly finds that the ability to operate a bona fide coin operated amusement machine business in this state constitutes a privilege and not a right. Further, in order to prevent the unregulated operation of the bona fide coin operated amusement machine business, the General Assembly is enacting the procedural enhancements of this article which will aid in the enforcement of the tax obligations that arise from the operation of bona fide coin operated amusement machine businesses as well as prevent unauthorized cash payouts. The General Assembly finds that the bona fide coin operated amusement machine business can be conducted in a manner to safeguard the fiscal soundness of the state, enhance public welfare, and support the need to educate Georgia's children through the HOPE scholarship program and pre-

THURSDAY, MARCH 7, 2013

2257

kindergarten funding authorized by Article I, Section II, Paragraph VIII of the Constitution. (b) As used in this chapter article, the term:
(1) 'Applicant' or 'licensee' means an owner as defined in this Code section, including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself. (2)(A) 'Bona fide coin operated amusement machine' means:(A) Every every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to subsections (b) through (g) of Code Section 16-12-35, and which can be legally shipped interstate according to federal law. Examples of bona fide coin operated amusement machines include, but are expressly not limited to, the following:
(i) Pinball machines; (ii) Console machines; (iii) Video games; (iv) Crane machines; (v) Claw machines; (vi) Pusher machines; (vii) Bowling machines; (viii) Novelty arcade games; (ix) Foosball or table soccer machines; (x) Miniature racetrack, football, or golf machines; (xi) Target or shooting gallery machines; (xii) Basketball machines; (xiii) Shuffleboard games; (xiv) Kiddie ride games; (xv) Skeeball machines; (xvi) Air hockey machines; (xvii) Roll down machines; (xviii) Trivia machines; (xix) Laser games; (xx) Simulator games; (xxi) Virtual reality machines; (xxii) Maze games; (xxiii) Racing games; (xxiv) Coin operated pool tables or coin operated billiard tables as defined in paragraph (3) of Code Section 43-8-1; and (xxv) Any other similar amusement machine which can be legally operated in Georgia; and.

2258

JOURNAL OF THE HOUSE

(B) Every The term also means machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object such as jukeboxes or other similar types of music machines. (B) The term 'bona fide coin operated amusement machine' does not include the following:
(i) Coin operated washing machines or dryers; (ii) Vending machines which for payment of money dispense products or services; (iii) Gas and electric meters; (iv) Pay telephones; (v) Pay toilets; (vi) Cigarette vending machines; (vii) Coin operated scales; (viii) Coin operated gumball machines; (ix) Coin operated parking meters; (x) Coin operated television sets which provide cable or network programming; (xi) Coin operated massage beds; and (xii) Machines which are not legally permitted to be operated in Georgia. (2.1) 'Business owner or business operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (2.2)(3) '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; (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 (E) Rewards a successful player with any combination of items listed in subparagraphs (B), (C), and (D) of this paragraph. (2.3)(4) 'Class B machine' means a bona fide coin operated amusement machine that 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:

THURSDAY, MARCH 7, 2013

2259

(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. (3)(5) 'Commissioner' means the state revenue commissioner. 'Distributor' means a person, individual, partnership, corporation, limited liability company, or any other business entity that buys, sells, or distributes Class B machines to or from operators. (3.1)(6) 'Location license' means the initial and annually renewed license which every business location owner or business location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state. (3.2)(7) 'Location license fee' means the fee paid to obtain the location license. (8) 'Location owner or location operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (9) 'Manufacturer' means a person, individual, partnership, corporation, limited liability company, or any other business entity that supplies and sells major components or parts, including software, hardware, or both, to Class B machine distributors or operators. (4)(10) 'Master license' means the certificate which every owner of a bona fide coin operated amusement machine must purchase and display in the owner's or operator's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the state. (4.1)(11) 'Net receipts' means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemption of winnings from the amusement machine, and minus the amount of moneys refunded to the public for malfunction bona fide malfunctions of the amusement machine. (5)(12) 'Operator' means any person, individual, firm, company, association, corporation, or other business entity who that exhibits, displays, or permits to be exhibited or displayed, in a place of business other than his own, any bona fide coin operated amusement machine in this state. (6)(13) 'Owner' means any person, individual, firm, company, association, corporation, or other business entity owning any bona fide coin operated amusement machine in this state. (7)(14) 'Permit fee' means the annual per machine charge which every owner of a bona fide coin operated amusement machine in commercial use must purchase and display in either the owner's or operator's place of business in order to legally operate the machine in the state.

2260

JOURNAL OF THE HOUSE

(15) 'Person' means an individual, any corporate entity or form authorized by law including any of its subsidiaries or affiliates, or any officer, director, board member, or employee of any corporate entity or form authorized by law. (7.1)(16) 'Single play' or 'one play' means the completion of a sequence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, cards, or other evidence of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) (d)(1)(A) through (d)(1)(D) of Code Section 16-12-35 after each play. (9)(17) 'Slot machine or any simulation or variation thereof' means any contrivance which, for a consideration, affords the player an opportunity to obtain money or other thing of value, the award of which is determined solely by chance, whether or not a prize is automatically paid by the contrivance. (8)(18) 'Sticker' means the decal issued for every bona fide coin operated amusement machine to show proof of payment of the permit fee. (10)(19) 'Successful player' means an individual who wins on one or more plays of a bona fide coin operated amusement machine. (11)(20) 'Temporary location permit' means the permit which every business location owner or business location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses.
48-17-2. 50-27-71. (a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees to the corporation as follows:
(1) For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $500.00. In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter article so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,500.00; (B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter article, such owner shall pay an additional master license fee of $1,500.00; or

THURSDAY, MARCH 7, 2013

2261

(C) For 61 or more machines, the owner shall pay a master license fee of $3,500.00; and (2) For any number of Class B machines, the owner shall pay a master license fee of $5,000.00. The cost of the license shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon said such payment, the commissioner corporation shall issue a master license certificate to the owner. The master license fee levied by this Code section shall be collected by the commissioner corporation on an annual basis for the period from July 1 to June 30. The commissioner board may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this Code section may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any license or permit period. (a.1) Every business location owner or business location operator shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner corporation on an annual basis from July 1 to June 30. The location license fee shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon payment, the commissioner corporation shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner board may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business location owner or business location operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. (a.2) The corporation may refuse to issue or renew a location owner or location operator license or may revoke or suspend a location owner or location operator license issued under this article if: (1) The licensee or applicant has intentionally violated a provision of this chapter or a regulation promulgated under this chapter; (2) The licensee or applicant has intentionally failed to provide requested information or answer a question, intentionally made a false statement in or in connection with his or her application or renewal, or omitted any material or requested information; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the corporation; (4) Failure to revoke or suspend the license would be contrary to the intent and purpose of this article;

2262

JOURNAL OF THE HOUSE

(5) The licensee or applicant has engaged in unfair methods of competition and unfair or deceptive acts or practices as provided in Code Section 50-27-87.1; or (6) Any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, fails to meet any obligations imposed by the tax laws or other laws or regulations of this state. (b) A copy of an owner's master license and the business location owner's or business location operator's location license shall be prominently displayed at all locations where the owner and business location owner or business location operator have bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fees levied under this Code section. (c) Each master license and each location license shall list the name and address of the owner or business location owner or business location operator, as applicable. (d) The commissioner corporation may provide a duplicate original master license certificate or location license certificate if the original certificate has been lost, stolen, or destroyed. The fee for a duplicate original certificate is $100.00. If the original certificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the certificate was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed certificate, if applicable, before a duplicate original certificate can be issued. A certificate for which a duplicate certificate has been issued is void. (e) A license or permit issued under this Code section: (1) Is effective for a single business entity; (2) Vests no property or right in the holder of the license or permit except to conduct the licensed or permitted business during the period the license or permit is in effect; (3) Is nontransferable, nonassignable by and between owners or business location owners and business location operators, and not subject to execution; and (4) Expires upon the death of an individual holder of a license or permit or upon the dissolution of any other holder of a license or permit. (f) An application for the renewal of a license or permit must be made to the commissioner corporation by June 1 of each year. (g) Acceptance of a license or permit issued under this Code section constitutes consent by the licensee and the business location owner or business location operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or the commissioner's corporation's agents may freely enter the business premises where the licensed and permitted machines are located during normal business hours for the purpose of ensuring compliance with this chapter article. (h) An application for a license or permit to do business under this chapter article shall contain a complete statement regarding the ownership of the business to be licensed or the business where the permitted machines are to be located. This statement of ownership shall specify the same information that is required by the application to secure a sales tax number for the State of Georgia.

THURSDAY, MARCH 7, 2013

2263

(i) An application for a master license shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. An application for a location license shall be accompanied by the appropriate fee. (j) An application is subject to public inspection. (k) A renewal application filed on or after July 1, but before the license expires, shall be accompanied by a late fee of $125.00. A master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the owner shall obtain a new master license or the business location owner or business location operator shall obtain a new location license, as applicable, by complying with the requirements and procedures for obtaining an original master license or location license. (l) A holder of a license who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license or permit renewal has not been issued, unless the holder of the license is notified by the commissioner corporation prior to the expiration date of a problem with the renewal. (m) Holders of location licenses and temporary location permits shall be subject to the same provisions of this chapter article with regard to refunds, license renewals, license suspensions, and license revocations as are holders of master licenses.
48-17-3. 50-27-72. (a) No refund is allowed for a master license except as follows:
(1) The owner makes a written request to the commissioner corporation for a refund prior to the beginning of the calendar year for which it was purchased; (2) The owner makes a written request prior to the issuance of the master license or registration certificate; (3) The owner makes a written request for a refund claiming the master license or registration certificate was mistakenly purchased due to reliance on incorrect information from the commissioner corporation; (4) The processing of the master license is discontinued; or (5) The issuance of the master license is denied. (b) Before a refund will be allowed if the renewal of a master license is denied, the commissioner corporation shall verify that the applicant has no machines in operation and does not possess any machines except those that are exempt from the fees. If a master license is not issued, the commissioner corporation may retain $100.00 to cover administrative costs. (c) No refund will be allowed if the owner has an existing liability for any other fees or taxes due. Any refund will be applied to the existing liability due.
48-17-4. 50-27-73. (a) The commissioner corporation shall not renew a master, location owner, or location operator license for a business under this chapter article and shall suspend for any

2264

JOURNAL OF THE HOUSE

period of time or cancel a master, location owner, or location operator license if the commissioner corporation finds that the applicant or licensee is indebted to the state for any fees, costs, penalties, or delinquent fees. (b) The commissioner corporation shall not issue or renew a license for a business under this chapter article if the applicant does not designate and maintain an office in this state or if the applicant does not permit inspection by the commissioner corporation's agents of his or her place of business or of all records which the applicant or licensee is required to maintain. (c) The commissioner corporation may refuse to issue or renew a master license or may revoke or suspend a master license issued under this chapter if:
(1) The licensee or applicant has intentionally violated a provision of this chapter or a regulation promulgated under this chapter; (2) The licensee or applicant has intentionally failed to provide requested information or answer a question, or has intentionally made a false statement in or in connection with his or her application or renewal, or omitted any material or requested information; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the commissioner corporation; (4) A licensee or applicant that allows the use of its master license certificate or per machine permit stickers by any other business entity or person who owns or operates bona fide coin operated amusement machines available for commercial use and available to the public for play. If such unauthorized use occurs, the commissioner corporation may fine the licensee as follows:
(A) One hundred and fifty thousand dollars for each improper use of a per machine permit sticker; and (B) One Twenty-five thousand dollars for each improper use of a master license certificate. In addition, the commissioner corporation is authorized to seize the machines in question and assess the master license and permit fees as required by law and to assess the costs of such seizure to the owner or operator of the machines; or (5) Failure to suspend or revoke the license would be contrary to the intent and purpose of this chapter article; (6) The licensee or applicant has engaged in unfair methods of competition and unfair or deceptive acts or practices as provided in Code Section 50-27-87.1; or (7) Any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, fails to meet any obligations imposed by the tax laws or other laws or regulations of this state. (d) The commissioner corporation, on the request of a licensee or applicant for a license, shall conduct a hearing to ascertain whether a licensee or applicant for a license has engaged in conduct which would be grounds for revocation, suspension, or refusal to issue or renew a license.

THURSDAY, MARCH 7, 2013

2265

(e) The corporation shall not limit the number of master licenses it can issue. Except as provided in this subsection, the corporation shall not issue any new Class B master licenses until one year after it certifies that the Class B accounting terminal authorized by Code Section 50-27-101 is implemented; provided, however, the corporation shall be permitted to renew Class B master licenses at any time.
48-17-5. 50-27-74. (a) An applicant or licensee is entitled to at least 30 days' written notice and, if requested, a hearing in the following instances:
(1) After an application for an original or renewal license has been refused; (2) Before the commissioner corporation may revoke a license; or (3) Before the commissioner corporation may invoke any other sanctions provided by this chapter article. For purposes of this paragraph, sanctions shall not include:
(A) Issuance of a citation; (B) Imposition of a late fee, penalty fee, or interest penalty under subsection (k) of Code Section 48-17-2 50-27-71, Code Section 48-17-11 50-27-80, or subsection (a) of Code Section 48-17-13 50-27-82; or (C) Sealing a machine or imposing charges related thereto under subsection (g) of Code Section 48-17-13 50-27-82. (b) The written notice provided by this Code section may be served personally by the commissioner chief executive officer or an authorized representative of the corporation or sent by United States certified mail or statutory overnight delivery addressed to the applicant, licensee, or registration certificate holder at its last known address. In the event that notice cannot be effected by either of these methods after due diligence, the commissioner chief executive officer may prescribe any reasonable method of notice calculated to inform a person of average intelligence and prudence of the commissioner's corporation's action, including publishing the notice in a newspaper of general circulation in the area in which the applicant, licensee, or registration certificate holder conducts its business activities. The written notice shall state with particularity the basis upon which the commissioner corporation is taking the proposed actions. (c) Subject to approval by the chief executive officer and corporation, the Bona Fide Coin Operated Amusement Machine Operator Advisory Board shall establish a procedure for hearings required by this article. Such procedure shall empower the chief executive officer with the authority to delegate or appoint any person or public agency to preside over the hearing and adjudicate the appeal, and the procedure shall identify the party responsible for entering a final decision for the corporation.
48-17-6. 50-27-75. (a) The commissioner corporation shall deliver to the applicant or licensee a written copy of the order refusing an application or renewal application, revoking a master license, or imposing any other sanction provided in this chapter article issued after any required hearing provided by Code Section 50-27-74. (b) Delivery of the commissioner's corporation's order may be given by:

2266

JOURNAL OF THE HOUSE

(1) Personal service upon an individual applicant or licensee; (2) Personal service upon any officer, director, partner, trustee, or receiver, as the case may be; (3) Personal service upon the person in charge of the business premises, temporarily or otherwise, of the applicant or licensee; (4) Sending such notice by United States certified mail or statutory overnight delivery addressed to the business premises of the applicant or licensee; or (5) Posting notice upon the outside door of the business premises of the applicant or licensee. (c) Notice shall be deemed complete upon the performance of any action authorized in this Code section.
48-17-7. 50-27-76. (a) Appeal by an affected person from all actions of the commissioner corporation or chief executive officer shall be to the Superior Court of Fulton County or the superior court where the owner has the machines located at the time that the action has been taken by the commissioner. The review shall be conducted by the court and shall be confined to the record. (b) The court shall not substitute its judgment for that of the commissioner corporation or chief executive officer as to the weight of the evidence on questions of fact committed to the discretion of the commissioner corporation or chief executive officer. The court may affirm the decision of the commissioner corporation or chief executive officer in whole or in part; the court shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the commissioner's corporation's or chief executive officer's findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the commissioner corporation or chief executive officer; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
48-17-8. 50-27-77. Appeal from any final judgment of the superior court Superior Court of Fulton County may be taken by any party, including the commissioner corporation, in the manner provided for in civil actions generally.

THURSDAY, MARCH 7, 2013

2267

48-17-9. 50-27-78. (a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay an annual permit fee for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B machine. The fee shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon payment, the commissioner corporation shall issue a sticker for each bona fide coin operated amusement machine. The annual fees levied by this chapter article shall be collected by the commissioner corporation on an annual basis for the period from July 1 to June 30. The commissioner board may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter article shall be allowed to any owner who ceases the exhibition or display of any bona fide coin operated amusement machine prior to the end of any license or permit period. (b) The sticker issued by the commissioner corporation to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may transfer stickers from one machine to another in the same class and from location to location so long as all machines in commercial use available for play by the public have a sticker of the correct class and the owner uses the stickers only for machines that it owns. (c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certificate to allow for effective monitoring of the licensing and permit system. Permit stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location. (d) The commissioner corporation may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $50.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void. (e) Each permit sticker issued for a bona fide coin operated amusement machine which rewards a winning player exclusively with free replays, noncash redemption merchandise, prizes, toys, gift certificates, or novelties; or points, tokens, tickets, cards, or other evidence of winnings that may be exchanged for free replays or noncash redemption merchandise, prizes, toys, gift certificates, or novelties, in accordance with the provisions of subsections (b) through (d) of Code Section 16-12-35 shall include the following: 'GEORGIA LAW PROHIBITS THE PAYMENT OR RECEIPT OF ANY MONEY FOR REPLAYS OR MERCHANDISE AWARDED FOR PLAYING THIS MACHINE. O.C.G.A. SECTION 16-12-35.'

2268

JOURNAL OF THE HOUSE

(f) Nothing in this article shall be construed to provide any authority to the corporation to limit the number of permits issued in this state or to limit the number of permits provided to an operator, location owner, or location operator. (g) The corporation shall not assess any fees that are not explicitly authorized under this article on a manufacturer, distributor, operator, location owner, or location operator.
48-17-10. 50-27-79. No refund shall be allowed for the annual permit fee assessed on each bona fide coin operated amusement machine registered with the commissioner corporation except as follows:
(1) The owner makes a written request to the commissioner corporation for a refund prior to the beginning of the calendar year for which the permit sticker was purchased and returns the permit sticker; (2) The owner makes a written request for a refund prior to the issuance of the permit sticker; (3) The owner makes a written request for a refund claiming the permit sticker was mistakenly purchased for a machine not subject to the permit fee and returns the permit sticker; or (4) The owner provides the commissioner corporation with a sworn affidavit that a machine was sold, stolen, or destroyed prior to the beginning of the calendar year for which the permit was purchased and returns the sticker unless it was attached to the stolen or destroyed machine.
48-17-11. 50-27-80. If an owner purchases or receives additional bona fide coin operated amusement machines during the calendar year, the applicable annual permit fee shall be paid to the commissioner corporation and the sticker shall be affixed to the machine before the machine may be legally operated. A penalty fee equal to twice the applicable annual permit fee shall be assessed by the commissioner corporation for every machine in operation without a permit sticker.
48-17-12. 50-27-81. (a) The commissioner chief executive officer shall provide for the proper administration of this chapter article and is authorized to act on behalf of the corporation for such purpose. The commissioner chief executive officer may initiate investigations, hearings, and take other necessary measures to ensure compliance with the provisions of this chapter article or to determine whether violations exist. If the commissioner chief executive officer finds evidence of any criminal violations, the commissioner he or she shall notify the appropriate prosecuting attorney in the county in which such violation occurred.

THURSDAY, MARCH 7, 2013

2269

(b) The commissioner chief executive officer is authorized to provide for the enforcement of this chapter article and the board shall provide for collection of the revenues under this chapter article by rule and regulation. (c) The commissioner chief executive officer may delegate to an authorized representative any authority given to the commissioner chief executive officer by this chapter article, including the conduct of investigations, imposing of fees and fines, and the holding of hearings.
48-17-13. 50-27-82. (a) If any owner or operator of any bona fide coin operated amusement machine in this state shall violate any provision of this chapter article or any rule and regulation promulgated under this chapter article, the commissioner corporation may investigate the violation and may seek sanctions, including late fees of $50.00 for failure to pay timely permit sticker fees, $125.00 for failure to pay timely the master license fee, suspension or revocation of a license, seizure of equipment, interest penalty, and debarment for repeat offenders. (b) No person other than an owner shall intentionally remove a current tax sticker from a bona fide coin operated amusement machine or from the location where the machine is located. Any person who violates this subsection shall be guilty of a misdemeanor. (c) A person who owns or operates bona fide coin operated amusement machines without a current master license or without a permit sticker on display shall be guilty of a misdemeanor. (d) A person who knowingly secures or attempts to secure a master license or permit sticker under this chapter article by fraud, misrepresentation, or subterfuge is guilty of a felony. (e) Any person who knowingly uses a sticker for the purpose of engaging in unlawful gambling shall be guilty of a misdemeanor. (f) Any bona fide coin operated amusement machine not having the required master license or permit stickers may be seized and confiscated by the commissioner or his corporation's agents or employees and sold at public auction after 30 days' advertisement. Upon payment of the license required, the commissioner corporation may return any property so seized and confiscated and compromise any tax or penalty assessed. The owner from whom the bona fide coin operated amusement machine is seized may, at any time within ten days after the seizure, repossess the property by filing with the commissioner corporation a bond, in cash or executed by a surety company authorized to do business in this state, in double amount of the tax and penalties due. Within 30 days after the bond has been filed, the owner must bring an action in a court of competent jurisdiction to have the seizure set aside; otherwise, the bond so filed must shall be declared forfeited to the commissioner corporation. (g) The commissioner chief executive officer or an authorized representative of the commissioner thereof may seal in a manner that will prevent its full operation any such bona fide coin operated amusement machine that is in commercial use available to the public for play whose master license or sticker under this chapter article has been

2270

JOURNAL OF THE HOUSE

suspended or revoked, upon which the fee has not been paid, or that is not registered with the commissioner corporation under this chapter article. Whoever shall break the seal affixed by the commissioner chief executive officer or an authorized representative of the commissioner thereof without the commissioner's chief executive officer's approval or whoever shall provide in commercial use available to the public for play any such bona fide coin operated amusement machine after said the seal has been broken without the commissioner's chief executive officer's approval or whoever shall remove any bona fide coin operated amusement machine from its location after the same has been sealed by the commissioner chief executive officer shall be guilty of a misdemeanor. The commissioner corporation shall charge a fee of $75.00 for the release of any bona fide coin operated amusement machine which is sealed. The fee shall be paid to the commissioner corporation.
48-17-14. 50-27-83. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any other provision of this title Title 48 as it existed prior to July 1, 2010, shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to July 1, 2010, are expressly preserved and declared to be legal and valid obligations to the state. (b) The enactment and amendment of this chapter article shall not affect offenses committed or prosecutions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense. (c) Nothing in this chapter article shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in violation of the laws or Constitution of this state.
48-17-15. 50-27-84. (a) As used in this Code section, the term:
(1) 'Amusement or recreational establishment' means an open-air establishment frequented by the public for amusement or recreation. Such an establishment shall be in a licensed fixed location located in this state and which has been in operation for at least 35 years. (2) 'Business location' means any structure, vehicle, or establishment where a business is conducted. (3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a

THURSDAY, MARCH 7, 2013

2271

commission. Revenue from the sale of goods and services at wholesale shall not be included. (b)(1) No business location owner or business location operator shall derive more than 50 percent of such business location owner's or business location operator's monthly gross retail receipts for the business location in which the Class B bona fide coin operated amusement machine or machines are situated from such Class B bona fide coin operated amusement machines. (2) Except as authorized by a local ordinance, no business location owner or business location operator shall offer more than nine Class B bona fide coin operated amusement machines to the public for play in the same business location; provided, however, that this limitation shall not apply to an amusement or recreational establishment. (c) For each business location which offers to the public one or more Class B bona fide coin operated amusement machines, the business location owner or business location operator shall prepare a monthly verified report setting out separately by location in Georgia: (1) The the gross retail receipts from the Class B bona fide coin operated amusement machines; and (2) The the gross retail receipts for the business location; and (3) The net receipts of the Class B machines. Upon request, the business owner or business operator shall supply such monthly reports to the commissioner. The department shall be authorized to audit any records for any such business location. (c.1) Each person holding a Class B master license shall prepare a monthly verified report setting out separately by location in Georgia: (1) The gross receipts from the Class B machines which the master licensee maintains; and (2) The net receipts of the Class B machines. (d) In accordance with the provisions of Code Section 48-17-4 50-27-73 and the procedures set out in Code Sections 48-17-5 and 48-17-6 50-27-74 and 50-27-75, the commissioner corporation may fine an applicant or holder of a license, refuse to issue or renew a location license or master license, or revoke or suspend a location license or master license for single or repeated violations of subsection (b) of this Code section. (e) A business location owner or business location operator shall report the information prescribed in this Code section in the form required by the commissioner corporation. Such report shall be submitted in an electronic format approved by the commissioner corporation. (f) Beginning on August 20, 2013, and on the twentieth day of each month thereafter, for the previous month, the reports required by subsections (c) and (c.1) of this Code section shall be supplied to the corporation on forms provided by the corporation, including electronic means. The corporation shall be authorized to audit any records for any such business location or master licensee subject to this Code section. The corporation may contract with any state agencies to perform the audits authorized by

2272

JOURNAL OF THE HOUSE

this Code section, and it may contract or enter into a memorandum of understanding with the Department of Revenue to enforce the provisions of this Code section.
48-17-16. 50-27-85. (a) Except as specifically provided in this article, for For single or repeated violations of this chapter article by a business location owner or business location operator who offers one or more bona fide coin operated amusement machines for play by the public, the commissioner corporation may impose the following penalties on such a business location owner or business location operator:
(1) A civil fine in an amount specified in rules and regulations promulgated in accordance with this chapter article; or (2) For a third or subsequent offense, a suspension or revocation of the privilege of offering one or more bona fide coin operated amusement machines for play by the public. (b) Before a penalty is imposed in accordance with this Code section, a business location owner or business location operator shall be entitled to at least 30 days' written notice and, if requested, a hearing as provided in Code Section 50-27-74. Such written notice shall be served in the manner provided for written notices to applicants and holders of licenses in subsection (b) of Code Section 48-17-5 50-27-74, and an order imposing a penalty shall be delivered in the manner provided for delivery of the commissioner's corporation's orders to applicants for licenses and holders of licenses in Code Section 48-17-6 50-27-75. (c) In the case of a suspension or revocation in accordance with this Code section, the commissioner corporation shall require the business location owner or business location operator to post a notice in the business location setting out the period of the suspension or revocation. No applicant or holder of a license or permit shall allow a bona fide coin operated amusement machine under the control of such applicant or holder of a license or permit to be placed in a business location owned or operated by a business location owner or business location operator who has been penalized by a suspension or revocation during the period of the suspension or revocation.
48-17-17. 50-27-86. In addition to the state regulatory provisions regarding bona fide coin operated amusement machines contained in Code Section 16-12-35 and this chapter article, 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) Prohibiting 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

THURSDAY, MARCH 7, 2013

2273

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 location owner or business location 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 location owner or business location 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; (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 location owner or business location operator subject to paragraph (1) of subsection (b) of Code Section 48-17-15 50-27-84 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 50-27-84; (7) Requiring the business location owner or business location 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;

2274

JOURNAL OF THE HOUSE

(9) Requiring as a condition for doing business in the jurisdiction disclosure by the business location owner or business location 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.
50-27-87. (a)(1) Except as provided in this Code section, a person shall not own, maintain, place, or lease a bona fide coin operated amusement machine unless he or she has a valid operator's license; provided, however, that a manufacturer or distributor may own a bona fide coin operated amusement machine intended for sale to an operator, manufacturer, or distributor. (2) An operator shall only place or lease bona fide coin operated amusement machines for use in Georgia in a licensed location owner's or location operator's establishments. (3) To be eligible as an operator, the person shall not have had a gambling license in any state for at least five years prior to obtaining or renewing a Georgia operator's license. (4) On or after July 1, 2013, no person with or applying for an operator's license shall have an interest in any manufacturer, distributor, location owner, or location operator in this state. (5) Failure to adhere to the provisions of this subsection shall result in a fine of not more than $50,000.00 and loss of the license for a period of one to five years per incident and subject the operator to the loss of any other state or local license held by the operator. The corporation shall notify any state or federal agency that issues a license to such operator of the breach of its duties under this article. (b)(1) No bona fide coin operated amusement machine, its parts, or software or hardware shall be placed or leased in any location owner's or location operator's establishment except by a licensed owner and only if the owner or agent of the location owner or location operator has entered into a written agreement with a licensed operator for placement of the bona fide coin operated amusement machine. Beginning on July 1, 2013, no person with or applying for a location owner's or location operator's license shall have an interest in any person or immediate family member of a person licensed as an operator, or doing business as a distributor, or manufacturer in this state. A location owner or location operator may sell a bona fide coin operated amusement machine to anyone except another location owner or location operator. Failure to adhere to this subsection shall result in a fine of not less than $50,000.00 and loss of the location owner's or location operator's license for a period of one to five years per incident and subject the location owner or location operator to the loss of any other state or local licenses held by the location owner or

THURSDAY, MARCH 7, 2013

2275

location operator. The corporation shall notify any state or federal agency that issues a license to such location owner or location operator of the breach of its duties under this article. (2) A copy of the written agreement shall be on file in the operator's and the location owner's and location operator's place of business and available for inspection by individuals authorized by the corporation. (3) Any written agreement entered into after the effective date of this article shall be exclusive as between one bona fide coin operated amusement machine operator and one location owner or location owner per location. (c) No person shall receive a portion of any proceeds or revenue from the operation of a bona fide coin operated amusement machine except the operator, location owner, or location operator, notwithstanding Code Section 50-27-102. No commission or fee shall be awarded for the facilitation of a contract or agreement between an operator and a location owner or location operator; provided, however, that an employee of an operator may receive compensation, including a commission, for such agreements or contracts. (d) This Code section shall only apply to manufacturers, distributors, operators, and location owners or location operators of Class B machines.
50-27-87.1. The following acts or practices are deemed unfair methods of competition and unfair and deceptive acts under this article:
(1) Until the corporation certifies that the Class B accounting terminal authorized by Code Section 50-27-101 is implemented, an owner, location owner, or location operator retaining more than 50 percent of the net monthly proceeds for the operation of a Class B machine; (2) An owner entering into an agreement with a manufacturer or distributor:
(A) That grants the owner exclusive rights to own, maintain, place, or lease a type, model, or brand of bona fide coin operated amusement machine in this state; or (B) For the lease of a bona fide coin operated amusement machine, its parts, or software or hardware; (3) A location owner or location operator asking, demanding, or accepting anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees from an operator, as an incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. A location owner that violates this subsection shall have all of the location owner's state business licenses revoked for a period of one to five years per incident. The location owner also shall be fined up to $50,000.00 per incident and required to repay any incentive fees or other payments received from the operator; and (4) An operator or individual providing anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees to a location owner or location

2276

JOURNAL OF THE HOUSE

operator, as any incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. An operator or individual who violates this subsection shall have all of his or her state business licenses revoked for a period of one to five years per incident. The individual or location owner also shall be fined up to $50,000.00 per incident.
50-27-88. (a) The corporation shall establish rules or policies, with the advice and consent of the Bona Fide Coin Operated Amusement Machine Operator Advisory Board, to establish or create:
(1) Forms and information reasonably required for the submission of a license application; and (2) Procedures to ensure that applicants for a license provide the identical name and address of the applicant as stated in the application for a license required by local governing authorities and specify the premises where the licensee shall have its place of business. (b) Any legal entity, including but not limited to all partnerships, limited liability companies, and domestic or foreign corporations, lawfully registered and doing business under the laws of Georgia or the laws of another state and authorized by the Secretary of State to do business in Georgia which seeks to obtain a license for bona fide coin operated amusement machines may be permitted to apply for a license in the name of the legal entity as it is registered in the office of the Secretary of State; provided, however, that: (1) In its application for any bona fide coin operated amusement machine license, the legal entity shall provide the corporation with the name and address of its agent authorized to receive service of process under the laws of Georgia, together with a listing of its current officers and their respective addresses; (2) Any change in the status of licensee's registered agent, including but not limited to change of address or name, shall be reported to the corporation within ten business days of such occurrence; (3) In the event that a legal entity shall fail to appoint or maintain a registered agent in Georgia as required by law, or whenever its registered agent cannot with due diligence be found at the registered office of the business as designated in its application for license, the chief executive officer shall be appointed agent to receive any citation for violation of the provisions of this article; (4) Process may be served upon the chief executive officer by leaving with the chief executive officer duplicate copies of such citations; (5) In the event that the notice of citation is served upon the chief executive officer or one of the chief executive officer's designated agents, the chief executive officer shall immediately forward one of the copies to the business at its registered office; (6) Any service made upon the chief executive officer shall be answerable within 30 days; and

THURSDAY, MARCH 7, 2013

2277

(7) The corporation shall keep a record of all citations served upon the chief executive officer under this article and shall record the time of service and the disposition of that service.
50-27-89. (a) There shall be a Bona Fide Coin Operated Amusement Machine Operator Advisory Board to be composed of ten members. The chief executive officer of the corporation shall serve as a member. Two members shall be appointed by the Speaker of the House of Representatives, two members by the Lieutenant Governor, and five members by the Governor; at least one gubernatorial appointee shall be a representative of the Board of Regents of the University System of Georgia and another gubernatorial appointee shall be a consumer member who is not related to the business of bona fide coin operated amusement machines. At least seven members shall be Georgia operators with current master licenses representing the broadest possible spectrum of business characteristics of bona fide coin operated amusement machine operators. (b) Members appointed to the advisory board shall serve terms of four years. Upon the expiration of a member's term of office, a new member appointed in the same manner as the member whose term of office expired as provided in subsection (a) of this Code section shall become a member of the advisory board and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the advisory board, a new member shall be appointed for the unexpired term of office by the official who appointed the vacating member. Members may be reappointed to additional terms. (c) The advisory board shall establish its own policies and internal operating procedures. Members of the advisory board shall serve without compensation or reimbursement of expenses. The advisory board may report to the corporation in writing at any time. The corporation may invite the advisory board to make an oral presentation to the corporation. (d) The advisory board shall have the exclusive authority to initiate a process to determine a variety of cost-effective, efficacious, and fiscally responsible approaches for consideration by the corporation of a Class B accounting terminal authorized by Code Section 50-27-101. The advisory board shall be further authorized to contract with the Department of Administrative Services to develop a request for proposal to receive bids to provide the Class B accounting terminal and shall submit a minimum of three recommended proposals to the corporation unless only two vendors respond. The corporation shall select one of the recommended proposals to serve as the Class B accounting terminal vendor. (e) No advisory board member, corporation member, or immediate family of either may own a substantial interest in or be an employee, independent contractor, agent, or officer of any vendor recommended to or selected by the corporation. For the purposes of this Code section, 'substantial interest' means the direct or indirect ownership of any privately held assets or stock or over $5,000.00 in publicly traded stock.

2278

JOURNAL OF THE HOUSE

Part 2 50-27-100. The General Assembly finds that:
(1) There is a compelling state interest in ensuring the most efficient, honest, and accurate regulation of the bona fide coin operated amusement machine industry in this state; and (2) The most efficient, accurate, and honest regulation of the bona fide coin operated amusement machine industry in this state can best be facilitated by establishing a Class B accounting terminal to which all Class B machines will be linked by a communications network to provide superior capability of auditing, reporting, and regulation of the coin operated amusement machine industry.
50-27-101. (a) In cooperation with the Bona Fide Coin Operated Amusement Machine Operator Advisory Board established under Code Section 50-27-89, the corporation shall procure a Class B accounting terminal linked by a communications network through which all Class B machines in a location shall connect to a single point of commerce for the purpose of accounting and reporting to the state. In no event shall the terminal approved by the corporation limit participation to only one manufacturer or one type of bona fide coin operated amusement machine. Consideration shall be given to the cost associated with retrofitting all existing Class B machines and efforts made to minimize that cost. (b) Six months after the procurement of a Class B accounting terminal and successful pilot testing, all Class B machines shall be linked by a communications network to a Class B accounting terminal for purposes of monitoring and reading device activities as provided for in this Code section. When the corporation is satisfied with the operation of the Class B accounting terminal it shall certify the effective status of the Class B accounting terminal and notify all licensees of such certification. (c) The Class B accounting terminal shall be designed and operated to allow the monitoring and reading of all Class B machines for the purpose of compliance with regard to their obligations to the state. The Class B accounting terminal shall be located within and administered by the corporation. (d) The Class B accounting terminal shall not provide for the monitoring or reading of personal or financial information concerning patrons of bona fide coin operated amusement machines. (e) Any entity that acts as a vendor for the corporation in building, operating, maintaining, or contracting to build, operate, or maintain a Class B accounting terminal shall be prohibited from obtaining a license as an operator or location owner or location operator. (f) Except as provided in subsection (e) of Code Section 50-27-73, nothing in this part shall be construed to provide any authority to the corporation to limit or eliminate Class B machines or to limit, eliminate, or unduly restrict the number of licenses, permits, or certifications for operators or location owners or location operators.

THURSDAY, MARCH 7, 2013

2279

(g) The corporation shall not expand, limit, or otherwise alter what constitutes a bona fide coin operated amusement machine and the permitted redemption related items, except that the corporation shall be permitted to authorize any ticket or product of the corporation. (h) The corporation shall be exempt from and not subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The corporation shall allow for notice of and comment on any policies or rules enacted pursuant to this article, including approval by the Bona Fide Coin Operated Amusement Machine Operator Advisory Board.
50-27-102. (a) Upon successful implementation and certification of the Class B accounting terminal under the provisions of Code Section 50-27-101, and for the first fiscal year thereafter, all owners of Class B machines and location owners and location operators shall apportion net receipts as follows:
(1) The location owner or location operator shall: (A) Retain 47.5 percent of the net receipts; and (B) Provide 52.5 percent of the net receipts to the corporation; and
(2) The corporation shall: (A) Retain 5 percent of the net receipts; and (B) Provide, within five business days of receipt, 47.5 percent of the net receipts to the operator holding the Class B master license for the cost of securing, operating, and monitoring the machines.
(b) In each fiscal year after the implementation and certification required by subsection (a) of this Code Section, the corporation's share shall increase 1 percent, taken evenly from the location owner or location operator and the operator, to a maximum of 10 percent. (c) The corporation shall require location owners and location operators to place all bona fide coin operated amusement machine proceeds due the corporation in a segregated account in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, bona fide coin operated amusement machine proceeds shall be deemed to be the property of the corporation. The corporation may require a location owner or location operator to establish a single separate electronic funds transfer account where available for the purpose of receiving proceeds from Class B machines, making payments to the corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each bona fide coin operated amusement machine location owner or location operator shall establish a separate bank account for bona fide coin operated amusement machine proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets. Whenever any person who receives proceeds from bona fide coin operated amusement machines becomes insolvent or dies insolvent, the proceeds due the

2280

JOURNAL OF THE HOUSE

corporation from such person or his or her estate shall have preference over all debts or demands. If any financial obligation to the corporation has not been timely received, the officers, directors, members, partners, or shareholders of the location owner or location operator shall be personally liable for the moneys owed to the corporation."
SECTION 1-2. Said title is further amended by reserving the Chapter 17 designation.
PART II SECTION 2-1. Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in gambling, is amended by revising subsection (g) as follows; "(g) Should it appear that any person filing a defense in the action knew, or by the exercise of ordinary care should have known, that the property was used in violation of this Code section, the same shall be sold by order of the court after such advertisement as the court shall direct, and such person shall have no claim upon the property or the proceeds from the sale thereof. Notwithstanding the provisions of subsection (j) of Code Section 16-14-7, in any forfeiture action involving bona fide coin operated amusement machines brought under Code Section 16-14-7 for an alleged violation of 16-14-4, where an alleged violation of this article is used to prove a pattern of racketeering activity as defined in paragraph (8) of Code Section 16-14-3, any property subject to forfeiture under this article shall not be subject to forfeiture unless the state proves the owner of such property had actual knowledge the property was being used in violation of this article."
SECTION 2-2. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to applicability of certain provisions relative to gambling, is amended by revising subsections (a), (h), and (i) as follows;
"(a) As used in this Code section, the term 'some skill' means any presence of the following factors, alone or in combination with one another:
(1) A learned power of doing a thing competently; (2) A particular craft, art, ability, strategy, or tactic; (3) A developed or acquired aptitude or ability; (4) A coordinated set of actions, including, but not limited to, eye-hand coordination; (5) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both; (6) Technical proficiency or expertise; (7) Development or implementation of strategy or tactics in order to achieve a goal; or (8) Knowledge of the means or methods of accomplishing a task.

THURSDAY, MARCH 7, 2013

2281

The term some skill refers to a particular craft, coordinated effort, art, ability, strategy, or tactic employed by the player to affect in some way the outcome of the game played on a bona fide coin operated amusement machine as defined in paragraph (2) of Code Section 48-17-1 50-27-70. If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the 'some skill' requirement of this Code section." "(h) Any gift certificates, tokens, vouchers, tickets, or other evidence of winnings awarded under subsection (c) or (d) of this Code section must be redeemable only at the premises on which the game or device is located. It shall be unlawful for any person to provide to any other person as a reward for play on any such game or device any gift certificate, token, voucher, ticket, or other evidence of winning which is redeemable or exchangeable for any thing of value at any other premises. It shall be unlawful for any person at any premises other than those on which the game or device is located to give any thing of value to any other person for any gift certificate, token, voucher, ticket, or other evidence of winning received by such other person from play on such game or device. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature. This subsection shall not apply to any ticket or product of the Georgia Lottery Corporation. (i) The merchandise, prizes, toys, gift certificates, novelties, or rewards which may be awarded under subsection (c) or (d) of this Code section may not include or be redeemable or exchangeable for any firearms, alcohol, or tobacco or any lottery ticket or other item enabling participation in any lottery. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2-3. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended in paragraph (43) by replacing the term "Chapter 17 of this title" with "Chapter 27 of Title 50".
SECTION 2-4. Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to limitation on authority of local government to impose regulatory fee, examples of businesses or practitioners or professions or occupations which may be subject to fees, individuals and entities not subject to fees, and general laws not repealed, is amended in paragraph (20) of subsection (c) by replacing the term "Code Section 48-17-1" with "Code Section 5027-70" and by replacing the term "Code Section 48-17-9" with "Code Section 50-27-78".
SECTION 2-5. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the lottery for education, is amended by revising paragraph (14) of subsection (a) of Code Section 50-27-9, relating to general powers of the lottery corporation, as follows:

2282

JOURNAL OF THE HOUSE

"(14) To enter into contracts or agreements with state or local law enforcement agencies, including the Department of Revenue, for the performance of law enforcement, background investigations, and security checks, and auditing and enforcement of license requirements required by Article 3 of this chapter;

PART III SECTION 3-1. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of Section 2-2 of this Act, this Act shall stand repealed by operation of law. (c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley

THURSDAY, MARCH 7, 2013

2283

Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, C Y Epps, J Y Evans N Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner
Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 107. By Representatives Sheldon of the 104th, Rynders of the 152nd, Channell of the 120th, Parrish of the 158th, Cooper of the 43rd and others:

A RESOLUTION creating the Joint Study Committee on Medicaid Reform; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Creating the Joint Study Committee on Medicaid Reform; and for other purposes.

WHEREAS, Medicaid serves a vital role in ensuring the health of the needy citizens of this state who would otherwise be without access to necessary health care; and

WHEREAS, the cost of providing Medicaid continues to escalate and to require significant amounts of state resources each year; and

WHEREAS, with Medicaid enrollment increasing at the same time that states are facing unprecedented budget pressures, there is widespread recognition that expanded access to care is unsustainable without changes in how states deliver and pay for care; and

2284

JOURNAL OF THE HOUSE

WHEREAS, for the purposes of determining an appropriate plan for Medicaid reform, it would be beneficial to study current policies and procedures of Medicaid and whether current programs are being implemented in the most efficient and effective manner, the federal expansion of Medicaid as authorized under the federal Patient Protection and Affordable Care Act, and models in other states to enable the General Assembly to understand and determine appropriate levels of service and expenses of Medicaid in order to ensure sustainability of the Medicaid program.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Study Committee on Medicaid Reform to be composed of 18 members as follows:
(1) Six members of the Senate, appointed by the Lieutenant Governor, at least one of which shall be a member of the minority caucus; (2) Six members of the House of Representatives, appointed by the Speaker of the House of Representatives, at least one of which shall be a member of the minority caucus; and (3) Six members appointed by the Governor as follows:
(A) One representative from the Department of Community Health; (B) One member representing hospitals; (C) One member representing insurance providers; (D) One member representing nursing homes; (E) One physician; and (F) One consumer member. The Lieutenant Governor and the Speaker of the House of Representatives shall each designate one of their appointees to serve as cochairpersons. The committee may elect other officers as deemed necessary. The cochairpersons may designate and appoint subcommittees from among the membership of the committee as well as appoint other persons to perform such functions as they may determine to be necessary as relevant to and consistent with this resolution. The cochairpersons shall only vote to break a tie. The committee shall meet at the call of the cochairpersons. A quorum for transacting business shall be a majority of the members of the committee.
BE IT FURTHER RESOLVED that the committee may conduct its meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The allowances authorized by this resolution shall not be received by any member of the

THURSDAY, MARCH 7, 2013

2285

committee for more than five days unless additional days are authorized. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate.

BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations to the General Assembly and the Governor, with suggestions for proposed legislation, if any, on or before December 31, 2013. The committee shall stand abolished on December 31, 2013.

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 Abrams Y Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague N Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E

2286

JOURNAL OF THE HOUSE

Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gordon Y Gravley Y Greene N Gregory

Y Marin Y Martin Y Maxwell Y Mayo

Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Williamson Y Yates
VACANT Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 167, nays 5.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

HB 371. By Representatives Harbin of the 122nd, Parsons of the 44th, Peake of the 141st, Harrell of the 106th and Williamson of the 115th:

A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to define liquefied natural gas for motor fuel tax purposes; 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 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to define liquefied natural gas for motor fuel tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended by revising subsection (a) of Code Section 48-9-3, relating to the levy of an excise tax on motor fuels, as follows:
"(a)(1) An excise tax is imposed at the rate of 7 1/2 per gallon on distributors who sell or use motor fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor. (2) In the event any motor fuels which are not commonly sold or measured by the gallon are used in any motor vehicles on the public highways of this state, the commissioner may assess, levy, and collect a tax upon such fuels, under such regulations as the commissioner may promulgate, in accordance with and measured

THURSDAY, MARCH 7, 2013

2287

by the nearest power potential equivalent to that of one gallon of regular grade gasoline. Any determination by the commissioner of the power potential equivalent of such motor fuels shall be prima-facie correct. Upon each such quantity of such fuels used upon the public highways of this state, a tax at the same rate per gallon imposed on motor fuel under paragraph (1) of this subsection shall be assessed and collected. (3) No county, municipality, or other political subdivision of this state shall levy any fee, license, or other excise tax on a gallonage basis upon the sale, purchase, storage, receipt, distribution, use, consumption, or other disposition of motor fuel. Nothing contained in this article shall be construed to prevent a county, municipality, or other political subdivision of this state from levying license fees or taxes upon any business selling motor fuel.
(4)(A) For purposes of this subsection, and notwithstanding the provisions of paragraph (2) of this subsection and any provision contained in the National Bureau of Standards Handbook or any other national standard that may be adopted by law or regulation, the gallon equivalent of compressed natural gas shall be not less than 110,000 British thermal units and the gallon equivalent of liquefied natural gas shall not be less than 6.06 pounds. (B) As used in this paragraph, the term:
(i) 'compressed Compressed natural gas' means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel. (ii) 'Liquefied natural gas' means methane or natural gas in the form of a cryogenic or refrigerated liquid for use as a motor fuel."

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 Abrams Y Alexander
Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal

Y Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland

2288

JOURNAL OF THE HOUSE

Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

Representative Willard of the 51st moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

HB 1.

By Representatives Willard of the 51st, Lindsey of the 54th, Abrams of the 89th, Ehrhart of the 36th, Parsons of the 44th and others:

A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice, to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to conform provisions to the new Chapter 16 of Title 9, correct cross-references, and remove obsolete or improper references to forfeiture; to amend the O.C.G.A., so as to conform provisions to the new Chapter 16 of Title 9, correct cross-references, and remove obsolete or improper references to forfeiture; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The motion prevailed.

THURSDAY, MARCH 7, 2013

2289

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 267. By Senator Ligon, Jr. of the 3rd:
A RESOLUTION urging the United States Army Corps of Engineers to close Noyes Cut in the Satilla River System; and for other purposes.
SR 348. By Senators Hill of the 32nd, Mullis of the 53rd, Golden of the 8th, Chance of the 16th and Albers of the 56th:
A RESOLUTION creating the Georgia Program Integrity Joint Study Committee; and for other purposes.
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 245. By Senators Hill of the 32nd, Miller of the 49th, Shafer of the 48th, Cowsert of the 46th and Chance of the 16th:
A RESOLUTION requesting the United States Congress to adopt a resolution proposing a balanced budget amendment to the United States Constitution and to submit the same to the states for ratification; and for other purposes.
SR 371. By Senators Cowsert of the 46th, Shafer of the 48th, Chance of the 16th, Hill of the 32nd, Loudermilk of the 14th 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.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:

2290

JOURNAL OF THE HOUSE

SB 13. By Senator Carter of the 1st:
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 require mandatory reporting for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 372. By Representatives Coomer of the 14th, Evans of the 42nd, Carter of the 175th, Nimmer of the 178th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise eligibility for a HOPE grant at a technical college or university institution; to revise a provision relating to the submission of an annual request for funding for the Technical College System of Georgia; 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 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for HOPE grants, so as to revise eligibility for a HOPE grant at a technical college or university institution; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for HOPE grants, is amended by revising subsection (a) as follows:
"(a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Technical College System of Georgia or a unit of the University System of Georgia shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:
(1) Meet achievement standards by earning a cumulative grade point average of at least 3.0 2.0 at the end of the quarter or semester in which the student has attended 30 or 60 semester hours or 45 or 90 quarter hours of courses towards a diploma or certificate for which the student received HOPE funds pursuant to this part. The

THURSDAY, MARCH 7, 2013

2291

grade point average shall be calculated using such 30 semester or 45 quarter hours taken pursuant to this subsection. An otherwise eligible student who attains or regains a cumulative grade point average of at least 3.0 2.0 at the end of a quarter or semester in which the student has attempted 30 or 60 semester hours or 45 or 90 quarter hours may qualify or requalify for a HOPE grant; provided, however, that a student who receives a HOPE grant and loses eligibility pursuant to this paragraph is only eligible to regain or requalify for the HOPE grant one time; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon

2292

JOURNAL OF THE HOUSE

Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th, Dempsey of the 13th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," is amended by revising Code Section 48-8271, relating to definitions, as follows:
"48-8-271. As used in this article, the term:
(1) 'Agreement' means a tourism attraction an agreement for a tourism attraction project entered into, pursuant to Code Section 48-8-275, on behalf of between the

THURSDAY, MARCH 7, 2013

2293

Department of Community Affairs and an approved company pursuant to Code Section 48-8-275. (2) 'Annual sales and use tax' means state sales and use taxes remitted to the state that were generated by sales to the general public at the approved tourism attraction during the calendar year immediately preceding the date of filing the sales and use tax refund claim. (2)(3) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other the entity that is seeking has submitted an application to undertake a tourism attraction project, which has been approved pursuant to Code Section 48-8-275 and is approved, pursuant to subsection (b) of Code Section 48-8-274, by the Governor and by the governing authority of the city where the tourism attraction project is to be located if within a city and by the governing authority of the county where the tourism attraction project is to be located. For each tourism attraction project, only one company may be approved under this article. (3)(4) 'Approved costs' means:
(A) For new tourism attractions: (i) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a new tourism attraction project; (ii) The costs of acquiring real property or rights in real property and any costs incidental thereto; (iii) All costs for construction materials and equipment installed at the new tourism attraction project; (iv) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a new tourism attraction project which is not paid by the vendor, supplier, deliveryman, or contractor or otherwise provided; (v) All costs of architectural and engineering services, including but not limited to estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a new tourism attraction project; (vi) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a new tourism attraction project; (vii) All costs required for the installation of utilities, including but not limited to water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company; and (viii) All other costs comparable with those described in this subparagraph; or

2294

JOURNAL OF THE HOUSE

(B) For existing tourism attractions, any approved costs otherwise specified in subparagraph (A) of this paragraph; provided, however, that such costs are limited to the expansion only of an existing tourism attraction and not the renovation of an existing tourism attraction. (5) 'Approved tourism attraction' means a project that was approved pursuant to Code Section 48-8-274 and that has since opened to the public and become operational as a tourism attraction. (6) 'Expansion' means the addition of equipment, facilities, or real estate to an existing tourism attraction for the purpose of increasing its size, scope, or visitor capacity. (4)(7) 'Incremental sales and use tax' means those state and local sales and use taxes remitted to the state that were generated by the tourism attraction project above the amount of such sales and use taxes generated by the previous use of the property on which such project is located except as otherwise provided in Code Section 48-8-278 sales to the general public at the approved tourism attraction from the date on which construction of the expansion project is completed through the end of the calendar year immediately preceding the date of filing the incremental sales and use tax refund claim, less the state sales and use taxes remitted to the state that were generated by sales to the general public at the approved tourism attraction during the 12 month period immediately preceding the commencement of construction of the expansion project. (8) 'Incremental sales and use tax refund' is the amount equal to the lesser of the incremental sales and use tax or 2.5 percent of the total of all approved costs incurred at any time prior to January 1 of the year during which the claim for the incremental sales and use tax refund is filed. (9) 'Local sales and use tax' means any sales and use tax that is levied and imposed in an area consisting of less than the entire state, however authorized. (10) 'Renovation' means the restoration, rebuilding, redesign, repair, or replacement of worn elements so that the functionality, quality, or attractiveness of buildings or structures is equivalent to a former state. (11) 'Sales and use tax refund' is the amount equal to the lesser of the annual sales and use tax or 2.5 percent of the total of all approved costs incurred at any time prior to January 1 of the year during which the claim for the sales and use tax refund is filed. (5)(12) 'Tourism attraction' means a cultural or historical site; a recreation or entertainment facility; a convention hotel and conference center; an automobile race track, including, but not limited to, Atlanta Motor Speedway, with other tourism amenities; a golf course facility with other tourism amenities; marinas and water parks with lodging and restaurant facilities designed to attract tourists to the State of Georgia; or a Georgia crafts and products center. A tourism attraction shall not include the following: (A) Facilities that are be primarily devoted to the retail sale of goods, shopping centers, restaurants, or movie theaters.; or

THURSDAY, MARCH 7, 2013

2295

(B) Recreational facilities that do not serve as likely destinations where individuals who are not residents of this state would remain overnight in commercial lodging at the tourism attraction. (6)(13) 'Tourism attraction project' or 'project' means includes the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction, including but not limited to surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company. Such term shall not include the renovation of an existing tourism attraction."
SECTION 2. Said article is further amended by revising Code Section 48-8-273, relating to tourism attraction agreements, as follows:
"48-8-273. (a) In the sole discretion of the Governor commissioner of economic development and the commissioner of community affairs, in consideration of the execution of the agreement, each and subject to the approved company's compliance with the terms of the agreement, an approved company shall be granted a sales and use tax refund from the incremental sales and use tax on the sales generated by the approved company and arising at the tourism attraction for new projects or an incremental sales and use tax refund for expansions of existing tourism attractions. (b) The approved company shall have no obligation to refund or otherwise return any amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. (c) For all tourism attractions the The term of the agreement granting the sales and use tax a refund under this article shall be ten years, commencing on the later of: (1) The final approval of the agreement for purposes of the sales and use tax refund; or (2) The the date the tourism attraction opens for business and begins to collect sales and use taxes or, for an expansion, the date construction is complete. (d) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved company's first year's refund after activation of the term and without changing the term. (e) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the incremental sales and use tax liability of the approved company or 25 percent of the approved costs for the tourism attraction project. The incremental sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to the lesser of the

2296

JOURNAL OF THE HOUSE

incremental sales and use tax liability of the approved company for that year or 2.5 percent of the approved costs. (f)(d) On or before March 31 of each year For each calendar year or partial calendar year occurring during the term of the agreement, an approved company shall file with the Department of Revenue a claim for the incremental sales and use tax refund collected by the approved company and remitted to the Department of Revenue during the preceding calendar year pursuant to subsection (e) of this Code section a refund under this article by March 31 of the following year. (g)(e) The Department of Revenue, in consultation with the Department of Community Affairs and other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the Department of Revenue to reflect the intent of this article. (h)(f) No sales and use tax refund shall be granted to an approved project which company that is during a tax year simultaneously receiving any other state tax incentive associated with any one tourism attraction project. (i)(g) Any sales and use tax refund shall be first applied to any outstanding tax obligation of the approved company which that is due and payable to the state. (h) Refunds under this article shall be made without interest."
SECTION 3. Said article is further amended by revising Code Section 48-8-274, relating to an application for a tourism project, as follows:
"48-8-274. (a) The commissioner of community affairs, in consultation with the Governor and other appropriate state agencies, shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations. (b) In addition to any standards set forth pursuant to subsection (a) of this Code section, an An application for a tourism attraction project filed with the Department of Community Affairs shall include, but not be limited to:
(1) Marketing plans for the tourism attraction project that target individuals who are not residents of this state; (2) A description and location of the tourism attraction project; (3) Capital and other anticipated specific expenditures for the tourism attraction project and the anticipated sources of funding for such project; (4) The anticipated employment and wages to be paid at the tourism attraction project; (5) Business plans which that indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and (6) The anticipated revenues to be generated by the tourism attraction project.; and (7) Resolutions from the governing authority of the county or the city, if any, in which the tourism attraction will be located endorsing the tourism attraction project and, where applicable, including appropriate affirmative clauses regarding permitting, land use, local incentives, and the provision of local public infrastructure.

THURSDAY, MARCH 7, 2013

2297

(c) Following the filing of the application, the Department of Community Affairs shall submit the application to an independent consultant who shall perform an in depth analysis of the proposed project. All costs associated with such application and analysis shall be paid for by the approved company. (d) The Governor may, in the Governor's sole discretion, commissioner of economic development and the commissioner of community affairs may grant approval to the tourism attraction project if the project shall:
(1) Have approved costs in excess of $1 million and such project is to be a tourism attraction; (2) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with tourism attractions in this state and the amount by which increased state local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company; (3) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 100 days per year, including the first year of operation; (4) Not adversely affect existing employment in the state; and (5) For each year following the third year of operation, attract a minimum of 25 percent of its visitors from nonresidents of this state; and. (6) Meet such other criteria as deemed appropriate by the Governor."
SECTION 4. Said article is further amended by revising Code Section 48-8-275, relating to entering into an agreement with an approved company, as follows:
"48-8-275. Following approval by the Governor of a project, the Department of Community Affairs shall enter into an agreement with any approved company. The agreement may which may also include as a partner any local development authority. The, and the terms and provisions of each agreement shall include, but not be limited to:
(1) The projected amount of approved costs, provided that any increase in approved costs incurred by the approved company and agreed to by the Department of Community Affairs shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (e) of Code Section 48-8-273 for tax years commencing on or after July 1, 2011; (2) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Community Affairs shall grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; and (3) A statement specifying the term of the agreement in accordance with subsection (c) of Code Section 48-8-273."

2298

JOURNAL OF THE HOUSE

SECTION 5. Said article is further amended by revising Code Section 48-8-276, relating to a failure to abide by the terms of an agreement, as follows:
"48-8-276. (a) Compliance with the agreement is subject to review by the Department of Community Affairs. (b) In the event an approved company fails to abide by the terms of the agreement, then such agreement shall be void and all sales and use tax proceeds which that were refunded shall become immediately due and payable back to the state and to the governing authority of any county or municipality whose approval was required under paragraph (2) of Code Section 48-8-271."

SECTION 6. Said article is further amended by revising Code Section 48-8-278, relating to the application of the article, as follows:
"48-8-278. This article shall not apply to the sales tax for educational purposes levied pursuant to Part 2 of Article 3 of this chapter and Article VIII, Section VI, Paragraph IV of the Constitution any local sales and use tax levied or imposed at any time."

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner N Dudgeon Y Dukes

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes N Holt

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal N Pak

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Strickland Y Talton

THURSDAY, MARCH 7, 2013

2299

Y Beverly Y Black Y Braddock Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman N Cooke

Y Dunahoo N Duncan N Dutton E Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner N Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey Y Randall Y Rice N Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tankersley Y Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 19.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 513. By Representative Houston of the 170th:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to abolish the Georgia Medical Center 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nimmer

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R

2300

JOURNAL OF THE HOUSE

Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Fleming Floyd Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 167, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representative Benton of the 31st moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

HB 69. By Representative Benton of the 31st:

A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change provisions relating to the amount payable at redemption; to provide for related matters; to repeal conflicting laws; and for other purposes.

The motion prevailed.

Representative Barr of the 103rd moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Higher Education:

THURSDAY, MARCH 7, 2013

2301

HB 490. By Representatives Barr of the 103rd, Casas of the 107th, Rogers of the 29th, Ramsey of the 72nd, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel, so as to expand board authorization to contract with local employers to librarians and other personnel employed by regional and county libraries; to provide for definitions; to provide for related matters; to repeal conflicting laws; for other purposes.
The motion prevailed.
The Speaker announced the House in recess until 1:45 o'clock, this afternoon.

2302

JOURNAL OF THE HOUSE

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 the requisite constitutional majority the following bills of the Senate:
SB 23. By Senators Davenport of the 44th, Fort of the 39th, Jones of the 10th, James of the 35th, Tate of the 38th and others:
A BILL to be entitled an Act to establish the "Stacey Nicole English Act" and in her honor to aid in the location of missing persons who may be incapacitated due to serious medical conditions; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to prohibit minimum waiting periods for initiating a missing person report; to authorize a state-wide endangered person advisory based on a missing person's severe medical condition; to amend Code Section 40-2-26 of the O.C.G.A., relating to form and contents of application for registration of motor vehicles, so as to provide for emergency contact information in vehicle application registration forms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 222. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as

THURSDAY, MARCH 7, 2013

2303

amended specifically by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), so as to repeal certain provisions relating to the election and terms of office of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 223. By Senator Harbison of the 15th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 165. By Senators McKoon of the 29th and Harbison of the 15th:
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; to amend an Act entitled "An Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the superior courts, so as to provide for additional judges of the Atlanta Judicial Circuit, the Bell-Forsyth Judicial Circuit, the Chattahoochee Judicial Circuit, the Cobb Judicial Circuit, the Tallapoosa Judicial Circuit, and the Towaliga Judicial Circuit," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to change the method of selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for the duties of the chief judge and presiding judge of said circuit; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 170. By Senator Hill of the 32nd:
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.

2304

JOURNAL OF THE HOUSE

SB 177. By Senators Ginn of the 47th, Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th:
A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to change the membership of the Georgia Tourism Foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 187. By Senator Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 189. By Senators Millar of the 40th, Albers of the 56th, Henson of the 41st, Carter of the 1st, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to permit proprietary institutions of higher education to participate in establishing college and career academies; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 206. By Senators Cowsert of the 46th, Shafer of the 48th, Chance of the 16th, Hill of the 32nd, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to provide for delegations from the State of Georgia to certain conventions called by the Congress of the United States for proposing amendments to the Constitution of the United States pursuant to Article V of said constitution; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 645. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Bryant of the 162nd, Hitchens of the 161st and others:

THURSDAY, MARCH 7, 2013

2305

A RESOLUTION recognizing and commending Dr. William James Daugherty and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 646. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Mr. Ira Spradlin on the occasion of his retirement and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 391. By Representative Waites of the 60th:
A RESOLUTION honoring the life and memory of Richard Joseph "Joey" Halford and inviting his family members to be recognized by the House of Representatives; and for other purposes.
HR 392. By Representative Waites of the 60th:
A RESOLUTION honoring the life and memory of Shawn Antonio Smiley and inviting his family members to be recognized by the House of Representatives; and for other purposes.
HR 506. By Representative Dollar of the 45th:
A RESOLUTION congratulating the Pope High School Wrestling team and inviting them to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 647. By Representatives Martin of the 49th, Pruett of the 149th, Mitchell of the 88th, Douglas of the 78th and Ralston of the 7th:
A RESOLUTION recognizing and commending Sports Care Connect, State Bank and Trust, and the North Metro Football League; and for other purposes.
HR 648. By Representatives Holt of the 112th, Dickerson of the 113th, Rutledge of the 109th and Welch of the 110th:

2306

JOURNAL OF THE HOUSE

A RESOLUTION honoring the life and memory of Charles Chester King, Jr.; and for other purposes.
HR 649. By Representative Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Ms. Rita A. Scott on her outstanding public service; and for other purposes.
HR 650. By Representatives Smith of the 70th, Epps of the 132nd and Ramsey of the 72nd:
A RESOLUTION commending Dr. Bob Heaberlin, the Association of Middle Level Education's 2012-2013 National Distinguished Educator of the Year; and for other purposes.
HR 651. By Representative Beasley-Teague of the 65th:
A RESOLUTION celebrating the 96th birthday of Jimmie "MeMa" Louton; and for other purposes.
HR 652. By Representative Nimmer of the 178th:
A RESOLUTION recognizing and commending Mr. Stetson F. Bennett, Jr., for being the longest serving Constitutional Officer in the State of Georgia; and for other purposes.
HR 653. By Representatives Williams of the 87th, Frazier of the 126th, Bentley of the 139th, Bruce of the 61st, Mayo of the 84th and others:
A RESOLUTION honoring Brother Derrick Thornton for his outstanding service as Christian Chapter Number 67 associate worthy patron; and for other purposes.
HR 654. By Representatives Rogers of the 29th, Barr of the 103rd, Hawkins of the 27th and Dunahoo of the 30th:
A RESOLUTION honoring the life and memory of Mr. Lewis Henson; and for other purposes.
HR 655. By Representatives Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th and Lindsey of the 54th:

THURSDAY, MARCH 7, 2013

2307

A RESOLUTION honoring the life and memory of Dr. William Coppedge Collins; and for other purposes.
HR 656. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Abrams of the 89th, Dollar of the 45th, O`Neal of the 146th and others:
A RESOLUTION recognizing the Building Owners and Managers Association of Georgia for 100 years of excellence serving as the premier association for the commercial real estate industry; and for other purposes.
HR 657. By Representatives Willard of the 51st, Jacobs of the 80th, Oliver of the 82nd, Weldon of the 3rd, Welch of the 110th and others:
A RESOLUTION celebrating the 30th anniversary of the magistrate court system; and for other purposes.
HR 658. By Representative Holmes of the 129th:
A RESOLUTION recognizing and commending Mr. Roger A. Harrison, the 2013 Outstanding Recent Alumni Award recipient selected by the Georgia College Alumni Association Board of Directors; and for other purposes.
HR 659. By Representatives Brooks of the 55th and Jones of the 53rd:
A RESOLUTION honoring the life and memory of Harold Hersch; and for other purposes.
HR 660. By Representatives Lindsey of the 54th and Abrams of the 89th:
A RESOLUTION commending the Rotary Club of Atlanta on its 100th anniversary and for its continued service in the community, the State of Georgia, and around the world; and for other purposes.
HR 661. By Representatives Neal of the 2nd, Oliver of the 82nd, Lindsey of the 54th, Ramsey of the 72nd, Pak of the 108th and others:
A RESOLUTION recognizing March 7, 2013, as Georgia Justice Project Day at the capitol; and for other purposes.
HR 662. By Representative Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Senator Donzella James; and for other purposes.

2308

JOURNAL OF THE HOUSE

HR 663. By Representative Beasley-Teague of the 65th:

A RESOLUTION recognizing and commending Representative Calvin Smyre; and for other purposes.

HR 664. By Representative Beasley-Teague of the 65th:

A RESOLUTION recognizing and commending Representative Dorothea "Dee" Dawkins-Haigler; and for other purposes.

HR 665. By Representative Beasley-Teague of the 65th:

A RESOLUTION recognizing and commending Senator Valencia Seay; and for other purposes.

HR 666. By Representative Beasley-Teague of the 65th:

A RESOLUTION recognizing and commending State Representative Gloria Frazier; and for other purposes.

HR 667. By Representative Beasley-Teague of the 65th:

A RESOLUTION recognizing and commending "Able" Mable Thomas; and for other purposes.

HR 668. By Representative Beasley-Teague of the 65th:

A RESOLUTION recognizing and commending State Representative Lynn Smith; and for other purposes.

HR 669.

By Representatives Beasley-Teague of the 65th, Abrams of the 89th, Dawkins-Haigler of the 91st, Stephenson of the 90th, Bell of the 58th and others:

A RESOLUTION recognizing and commending Representative Tyrone L. Brooks, Sr.; and for other purposes.

HR 670. By Representative Channell of the 120th:

A RESOLUTION commending a future leader, Rob Andrews; and for other purposes.

THURSDAY, MARCH 7, 2013

2309

HR 671. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, April Watkins; and for other purposes.
HR 672. By Representative Channell of the 120th:
A RESOLUTION congratulating Mr. James Boswell English and Mrs. Janice Dianne Hartley English upon the grand occasion of their 50th wedding anniversary; and for other purposes.
HR 673. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, John Cawthon; and for other purposes.
HR 674. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, David McKoy; and for other purposes.
HR 675. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Jody Worth; and for other purposes.
HR 676. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Robert Motley; and for other purposes.
HR 677. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Charles Russell; and for other purposes.
HR 678. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Lindsay Sumner; and for other purposes.

2310

JOURNAL OF THE HOUSE

HR 679. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Sibley Bryan III; and for other purposes.
HR 680. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Mason Third; and for other purposes.
HR 681. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Tommie Ward; and for other purposes.
HR 682. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Ramona Warren; and for other purposes.
HR 683. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Joe Watson; and for other purposes.
HR 684. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Bryce McCuin; and for other purposes.
HR 685. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Ranata Wilson; and for other purposes.
HR 686. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Deandra Lanier; and for other purposes.

THURSDAY, MARCH 7, 2013

2311

HR 687. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Kendrick Harris; and for other purposes.
HR 688. By Representative Channell of the 120th:
A RESOLUTION commending a future leader, Ian Jackson; and for other purposes.
HR 691. By Representatives Williams of the 87th, Frazier of the 126th, Bentley of the 139th, Bruce of the 61st, Mayo of the 84th and others:
A RESOLUTION honoring Brother Dennis Bennett, Sr., for his outstanding service as Christian Chapter Number 67 associate worthy patron; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 132. By Representatives Hawkins of the 27th, Rogers of the 29th, Watson of the 166th, Channell of the 120th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 and Chapter 11 of Title 43 of the O.C.G.A., relating to pharmacists and pharmacies and dentists, dental hygienists, and dental assistants, respectively, so as to provide that the Georgia State Board of Pharmacy and the Georgia Board of Dentistry are transferred from being administratively attached from the Secretary of State to the Department of Community Health; to provide for the powers and duties of each board; to authorize each board to employ an executive director; to provide for the powers and duties of such executive directors; to provide for additional powers of the Georgia Drugs and Narcotics Agency; to provide for a census of dentists and dental hygienists; to revise provisions relating to qualifications of applicants to practice dentistry; to provide for notice of felonies by licensees; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT

2312

JOURNAL OF THE HOUSE

To amend Chapter 4 of Title 26 and Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies and dentists, dental hygienists, and dental assistants, respectively, so as to provide that the Georgia State Board of Pharmacy and the Georgia Board of Dentistry are transferred from being administratively attached to the Secretary of State to being divisions of the Department of Community Health; to provide for the powers and duties of each board; to authorize each board to employ an executive director; to provide for the powers and duties of such executive directors; to provide that the Georgia Drugs and Narcotics Agency may employ personnel who are not special agents and may contract with licensing boards for purposes of conducting investigations; to provide for a census of dentists and dental hygienists; to revise provisions relating to qualifications of applicants to practice dentistry; to provide for notice of felonies by licensees; 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:
PART I SECTION 1-1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended in Code Section 26-4-5, relating to definitions, by revising paragraph (11.1) and by adding new paragraphs to read as follows: "(3.1) 'Cognizant member' means that member of the Georgia State Board of Pharmacy who is charged with conducting investigative interviews relating to investigations involving licensees, registrants, and permit holders." "(11.1) 'Division director' means the division director of the professional licensing boards division, as provided in Chapter 1 of Title 43." "(15.1) 'Executive director' means the executive director appointed by the Georgia State Board of Pharmacy pursuant to Code Section 26-4-20."
SECTION 1-2. Said chapter is further amended by revising Code Section 26-4-20, relating to the continuation of the State Board of Pharmacy and enforcement of provisions of chapter vested in board, as follows:
"26-4-20. (a) The Georgia State Board of Pharmacy existing immediately preceding July 1, 1998 2013, is continued in existence, and members serving on the board immediately preceding that date shall continue to serve out their terms of office and until their respective successors are appointed and qualified. (b) The responsibility for enforcement of the provisions of this chapter shall be vested in the Georgia State Board of Pharmacy. The board shall have all of the duties, powers, and authority specifically granted by or necessary for the enforcement of this chapter, as well as such other duties, powers, and authority as it may be granted from time to time by applicable law.

THURSDAY, MARCH 7, 2013

2313

(c) On and after July 1, 2013, the board shall not be under the jurisdiction of the Secretary of State but shall be a division of the Department of Community Health; provided, however, that except as otherwise specifically provided, the board shall be autonomous from the Board of Community Health and the commissioner of community health and shall exercise its quasi-judicial, rule-making, licensing, or policy-making functions independently of the department and without approval or control of the department and prepare its budget and submit its budgetary requests, if any, through the department. Such transfer shall in no way affect any existing obligations, liabilities, or rights of the board, as such existed on June 30, 2013. The board shall have with respect to all matters within the jurisdiction of the board as provided under this chapter the powers, duties, and functions of professional licensing boards as provided in Chapter 1 of Title 43. (d) The board shall appoint and fix the compensation, which shall be approved by the Board of Community Health, of an executive director of such board who shall serve at the pleasure of the board. (e) The venue of any action involving members of the board shall be the county in which is found the primary office of the board. The executive director of the board shall not be considered a member of the board in determining the venue of any such action, and no court shall have jurisdiction over any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction."
SECTION 1-3. Said chapter is further amended in Code Section 26-4-21, relating to eligibility requirements for board members, by revising subsection (c) as follows:
"(c) Appointees to the board shall immediately after their appointment take and subscribe to an oath or affirmation before a qualified officer that they will faithfully and impartially perform the duties of the office, which and the oath shall be filed with the Secretary of State Office of the Governor, whereupon the Secretary of State Office of the Governor shall issue to each appointee a certificate of appointment."
SECTION 1-4. Said chapter is further amended in Code Section 26-4-22, relating to the number and terms of members, appointment, and vacancies, by revising subsection (a) as follows:
"(a) The board shall consist of seven members possessing the qualification specified in subsection (a) of Code Section 26-4-21 and one additional member possessing the qualifications specified in subsection (b) of Code Section 26-4-21 who shall be appointed by the Governor and confirmed by the Senate for a term of five years or until their successors are appointed and qualified. Pharmacist members shall represent a diversity of practice settings and geographic dispersion of practitioners across the this state."

2314

JOURNAL OF THE HOUSE

SECTION 1-5. Said chapter is further amended by revising Code Section 26-4-23, relating to removal of board members, as follows:
"26-4-23. Any member who has failed to attend three consecutive regular monthly meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor upon request of the board. The president of the board shall notify the Governor in writing when any such member has failed to attend three consecutive regular monthly meetings. Any member of the board may be removed by the Governor in the same manner as provided in Code Section 43-1-17."
SECTION 1-6. Said chapter is further amended by revising Code Section 26-4-24, relating to meetings and organization, appeals, and serving of notices and legal process, as follows:
"26-4-24. The board shall meet at least annually to organize and elect a president and a vicepresident vice president from its members. The division director shall be the secretary of the board and shall have all the power, duties, and authority with reference to such board as shall be prescribed by Chapter 1 of Title 43 and shall perform such other duties as may be prescribed by the board. The vice president shall serve as the cognizant member of the board. All appeals from the decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board may be filed with or served upon the division director executive director at his or her office in the county of domicile of the professional licensing boards division board."
SECTION 1-7. Said chapter is further amended by revising Code Section 26-4-25, relating to compensation of board members, as follows:
"26-4-25. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2 may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier within this state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of this state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members shall be subject to approval of the president and

THURSDAY, MARCH 7, 2013

2315

executive director. Out-of-state travel by board members shall be approved by the board president and the executive director."
SECTION 1-8. Said chapter is further amended by revising Code Section 26-4-26, relating to meetings, notice, quorum, and open meetings, as follows:
"26-4-26. (a) The To transact its business, the board shall meet on a regular basis to transact its business hold regular meetings at least once each month unless, in the discretion of the president, it is deemed unnecessary for a particular month. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by at least two-thirds of the members of the board. (b) Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by Chapter 14 of Title 50 relating to open meetings. (c) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by this chapter or by any rule of the board, all actions of the board shall be by a majority of a quorum. (d) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board. (d)(e) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public. (f) Proceedings before the board wherein a licensee's or permit holder's right to practice pursuant to this chapter in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Neither refusal of a license or permit nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50; provided, however, that the applicant shall be allowed to appear before the board, if the applicant so requests, prior to the board making a final decision regarding the issuance of the license or permit. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any relevant book, writing, paper, or document. If any licensee or permit holder fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or permit holder and take action as if such licensee or permit holder had been present."
SECTION 1-9. Said chapter is further amended in Code Section 26-4-28, relating to the powers, duties, and authority of the State Board of Pharmacy, by revising paragraphs (20) and (21) of subsection (a), by adding new paragraphs to subsection (a), and by revising subsection (b) as follows:

2316

JOURNAL OF THE HOUSE

"(20) The requiring of background checks, including, but not limited to, criminal history record checks, on any persons or firms applying for licensure or registration pursuant to this chapter; and (21) Serving as the sole governmental or other authority which shall have the authority to approve or recognize accreditation or certification programs for specialty pharmacy practice or to determine the acceptability of entities which may accredit pharmacies or certify pharmacists in a specialty of pharmacy practice, and the board may require such accreditation or certification as a prerequisite for specialty or advanced pharmacy practice. Such accreditation and certification standards for specialties shall be set forth in rules promulgated by the board with such rules to contain the required qualifications or limitations. Any accreditation or certification for specialty pharmacy practice approved or recognized by the board shall be deemed sufficient to meet any and all standards, licensure, or requirements, or any combination thereof, otherwise set forth by any private entity or other government agency to satisfy its stated goals and standards for such accreditation or certification. Nothing in this paragraph shall prohibit private entities, government agencies, professional organizations, or educational institutions from submitting accreditation or certification programs for the review and potential approval or recognition by the board. Accreditation and certification for specialty pharmacy practice under this paragraph shall be subject to the following conditions:
(A) Applications shall be submitted as set forth in rules promulgated or approved by the board for accreditation or certification; (B) Only a pharmacist registered by this state and maintaining an active license in good standing is eligible for certification in a specialty pharmacy practice by the board; (C) Only a pharmacy registered by this state and maintaining an active license in good standing is eligible for accreditation for specialty pharmacy practice by the board; (D) Any board approved or recognized accreditation for a specialty pharmacy practice of a pharmacy is to be deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; (E) Any board approved or recognized specialty certification issued to a pharmacist is deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; and (F) The board may deny, revoke, limit, suspend, probate, or fail to renew the accreditation or specialty certification of a pharmacy, pharmacist, or both for cause as set forth in Code Section 26-4-60 or for a violation of Chapter 13 of Title 16 or if the board determines that a pharmacy, pharmacist, or both, no longer meet the accreditation or certification requirements of the board. Before such action, the

THURSDAY, MARCH 7, 2013

2317

board shall serve upon the pharmacist in charge of a pharmacy or pharmacist an order to show cause why accreditation or certification should not be denied, revoked, limited, suspended, or probated or why the renewal should not be refused. The order to show cause shall contain a statement for the basis therefor and shall call upon the pharmacist in charge of a pharmacy, the pharmacist, or both, to appear before the board at a time and place not more than 60 days after the date of the service of the order.; (22) To adopt a seal by which the board shall authenticate the acts of the board; (23) To keep a docket of public proceedings, actions, and filings; (24) To set its office hours; (25) To require licensees and permit holders to report a change of business address or personal address within ten days of the change in either address; (26) To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases; (27)(A) To authorize the Georgia Drugs and Narcotics Agency to conduct inspections and initiate investigations on its behalf for the purpose of discovering violations of this chapter, Chapter 3 of this title, and Chapter 13 of Title 16. (B) When conducting investigations and inspections on behalf of the board, the Georgia Drugs and Narcotics Agency shall have the same access to and may examine any relevant writing, document, or other material relating to any licensee, registrant, permittee, or applicant as the board. The executive director may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this chapter, Chapter 3 of this title, Chapter 13 of Title 16, or any other law relating to the practice of pharmacy may have taken place. The results of all investigations and inspections initiated by the Georgia Drugs and Narcotics Agency which relate to an individual licensed or permitted by the board shall be reported by the Georgia Drugs and Narcotics Agency to the board, and the records of such investigations shall be kept for the board by the director of the Georgia Drugs and Narcotics Agency, and the board shall retain the right to have access to such records at any time. Notwithstanding the provisions of this subparagraph, Code Section 16-13-60 shall control the access to or release of information. (C) Nothing in this chapter shall be construed to prohibit or limit the authority of the executive director or the director of the Georgia Drugs and Narcotics Agency to conduct inspections and initiate investigations on its own initiative for the purpose of discovering violations of this chapter, Chapter 3 of this title, and Chapter 13 of Title 16 and disclose such information to any law enforcement agency or prosecuting attorney. Notwithstanding the provisions of this subparagraph, Code Section 16-13-60 shall control the access to or release of information. (D) The executive director or the director of the Georgia Drugs and Narcotics Agency may also disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by the board;

2318

JOURNAL OF THE HOUSE

(28) To administer oaths, subpoena witnesses and documentary evidence, including relevant medical records, and take testimony in all matters relating to its duties; (29) To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50; (30) To have the cognizant member of the board conduct investigative interviews in conjunction with the Georgia Drugs and Narcotics Agency and thereafter to report his or her findings, with recommendations, to the board. In order to obtain a nonprejudicial decision, such report and recommendations shall not disclose the identity of the subject of the investigation. The cognizant member shall not vote on matters which he or she has presented to the board as the cognizant member; (31) To issue cease and desist orders to stop the unlicensed practice of pharmacy or other professions licensed, certified, or permitted under this chapter and impose penalties for such violations; (32) To refer cases for criminal prosecution or injunctive relief to appropriate prosecuting attorneys or other law enforcement authorities of this state, another state, or the United States; (33) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state; (34) To sue and be sued in a court of competent jurisdiction; (35) To enter into contracts; (36) To assess fines for violations of this chapter or board rules; and (37) To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation. (b) Proceedings by the board in the exercise of its authority to cancel, suspend, or revoke any license issued under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In all such proceedings, the board shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor signed by the secretary of the board. In any hearing in which the fitness of a licensee or applicant to practice pharmacy or another business or profession licensed by the board under this chapter is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when it deems it necessary, speak to a licensee or applicant and his or her legal counsel in private."
SECTION 1-10. Said chapter is further amended by adding new Code sections to read as follows:
"26-4-28.1. (a) The executive director:
(1) Shall be a full-time employee of the board and shall serve as the chief executive officer and secretary of the board. Any person, in order to qualify for appointment as the executive director, shall be of good moral character and shall possess such qualifications as the board may require. The executive director shall have, with

THURSDAY, MARCH 7, 2013

2319

respect to the board, the same powers, duties, and functions granted to the division director with respect to professional licensing boards under Chapter 1 of Title 43 but shall not be subject to any approval or other powers exercised by the Secretary of State; (2) With the approval of the board, may employ or contract with and fix the compensation of administrative assistants, secretaries, and any other such staff as deemed necessary to assist in the duties of the board. The director of the Georgia Drugs and Narcotics Agency shall serve as the assistant executive director, who shall act on behalf of the executive director in his or her absence. The executive director and other board staff shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of their duties in the same manner as other state officers and employees, and shall receive payment of the same in the manner provided for the board; (3) Shall take an oath to discharge faithfully the duties of the office; and (4) Shall be charged with the duties and powers as prescribed by the board. (b) The executive director shall prepare and maintain a public roster containing the names and business addresses of all current licensees, registration holders, and permit holders for each of the various registrants regulated by the board. A copy of the roster shall be available to any person upon request at a fee prescribed by the board sufficient to cover the cost of printing and distribution. The following shall be treated as confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board: (1) Applications and other personal information submitted by applicants, except to the applicant, the staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes; provided, however, that such deliberations may be released to a law enforcement agency or prosecuting attorney of this state or 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.
26-4-28.2. Any licensee, registration holder, or permit holder who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the board of the conviction within ten days of the conviction. The failure to notify the board of a conviction shall be considered grounds for revocation of his or her license, registration, permit, or other authorization to engage in the practice of pharmacy or another profession regulated under this chapter."

2320

JOURNAL OF THE HOUSE

SECTION 1-11. Said chapter is further amended by revising Code Section 26-4-29, relating to the Georgia Drugs and Narcotics Agency, continuance, appointment, requirements, and duties of director, power to make arrests, report of violations of drug laws, and dangerous drug list, as follows:
"26-4-29. (a) The agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined under Code Section 45-12-71; provided, however, that the agency shall be assigned for administrative purposes only, as defined in Code Section 50-4-3, to the office of the Secretary of State Department of Community Health, except that such department shall prepare and submit the budget for the Georgia Drugs and Narcotics Agency. The Georgia Drugs and Narcotics Agency is authorized by this Code section to enforce the drug laws of this state. The board shall appoint a director who shall be charged with supervision and control of such agency. The Georgia Drugs and Narcotics Agency agency shall employ the number of personnel deemed necessary to properly protect the health, safety, and welfare of the citizens of this state. Such personnel shall be pharmacists registered in this state when employed as either special agents or the deputy director. (b) The director shall hold office at the pleasure of the board, and should any vacancy occur in said such office for any cause whatsoever, said the board shall appoint a successor at a regular or called meeting. The director shall be a pharmacist registered in this state. The director shall serve as the assistant executive director for the board and act on behalf of the executive director during his or her absence. The salary of the director shall be fixed by the board. The whole time of the director shall be at the disposal of the board. The director, or Georgia Drugs and Narcotics Agency agency personnel acting on behalf of the director, shall have the duty and the power to:
(1) Visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which any drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; (2) Enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection; (3) Investigate alleged violations of laws and regulations regarding drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection; (4) Take up samples of the articles listed in paragraph (1) of this subsection from any of the said such establishments for examination and analysis by the state chemist, or under such person's direction and supervision, as provided by Code Section 26-4-131; (5) Seize and take possession of all articles which are declared to be contraband under Chapter 13 of Title 16 and Chapter 3 of this title and this chapter and deliver such articles to the agency;

THURSDAY, MARCH 7, 2013

2321

(6) Compel the attendance of witnesses and the production of evidence on behalf of the board via a subpoena issued by the director, when there is reason to believe any violations of laws or regulations concerning drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection have occurred; and (7) Perform such other duties as may be directed by the board. (c)(1) The director, deputy director, and special agents of the Georgia Drugs and Narcotics Agency shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with violating Chapter 13 of Title 16 and Chapter 3 of this title and this chapter. The deputy director and special agents shall be required to be P.O.S.T. certified peace officers under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' (2) In case of such arrest, the director, deputy director, or any of the special agents shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regard to the person delivered to the sheriff by any such person arrested under power of this Code section shall be the same as if the sheriff had made the original arrest. (c.1)(d) When the deputy director or a special agent employed by the Georgia Drugs and Narcotics Agency leaves the agency under honorable conditions after accumulating 25 years of service in the agency, as a result of a disability arising in the line of duty, or pursuant to approval by the State Board of Pharmacy, such director or agent shall be entitled to retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy, and, upon leaving the agency, the director of the Georgia Drugs and Narcotics Agency shall retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy. (e) The Georgia Drugs and Narcotics Agency may employ personnel who are not special agents to conduct and assist with inspections. (d)(f) Except as otherwise provided in this chapter, upon receiving a summary report from agency personnel, the director shall report to the board what have been determined to be violations of the drug laws and rules over which the board has authority. After such reports have been made to the board, the board can may instruct the director to: (1) Cite any such person or establishment to appear before the cognizant member of the board for an investigative interview; (2) Forward such reports to the Attorney General's office for action decided on by the board; or (3) Take whatever other action the board deems necessary. (g) The Georgia Drugs and Narcotics Agency may contract with and submit invoices for payment of services rendered to other professional licensing boards for the purposes of conducting investigations on their behalf and under the authority of such other professional licensing boards. Such investigations and subsequent reports and summaries shall be subject to the same confidentiality restrictions and disclosure as required for investigations and reports for the requesting professional licensing board.

2322

JOURNAL OF THE HOUSE

Any such payment of services received by the agency shall be deposited into the general fund of the state treasury. (e)(h) The Georgia Drugs and Narcotics Agency shall compile and submit to the General Assembly during each annual legislative session a list of known dangerous drugs as defined in subsection (a) of Code Section 16-13-71 and any other drugs or devices which the board has determined may be dangerous or detrimental to the public health and safety and should require a prescription, and the Georgia Drugs and Narcotics Agency shall assist the State Board of Pharmacy during each annual legislative session by compiling and submitting a list of substances to add to or reschedule substances enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 by using the guidelines set forth in Code Section 16-13-22. (1)(i) The State Board of Pharmacy is authorized and directed to publish in print or electronically and distribute the 'Dangerous Drug List' as prepared by the Georgia Drugs and Narcotics Agency and the 'Georgia Controlled Substances Act' as enacted by law. (2)(j) The Georgia State Board of Pharmacy shall provide for a fee as deemed reasonable, or at no cost, such number of copies of the 'Dangerous Drug List' and 'Georgia Controlled Substances Act' to law enforcement officials, school officials, parents, and other interested citizens as are required."
SECTION 1-12. Said chapter is further amended by revising Code Section 26-4-43, relating to temporary licenses, as follows:
"26-4-43. A temporary license may be issued by the division director executive director upon the approval of the president of the board if an applicant produces satisfactory evidence of fulfilling the requirements for licensure under this article, except the examination requirement, and evidence of an emergency situation justifying such temporary license. All temporary licenses shall expire at the end of the month during which the first board meeting is conducted following the issuance of such license and may not be reissued or renewed."
SECTION 1-13. Said chapter is further amended in Code Section 26-4-44, relating to renewal of licenses, by revising subsection (a) as follows:
"(a) Each pharmacist shall apply for renewal of his or her license biennially pursuant to the rules and regulations promulgated by the board. A pharmacist who desires to continue in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require for renewal of the license. Notice of any change of employment or change of business address shall be filed with the division director executive director within ten days after such change. If the board finds that the applicant has been licensed and that such license has not been revoked or placed under suspension and that the applicant has paid the renewal fee, has

THURSDAY, MARCH 7, 2013

2323

continued his or her pharmacy education in accordance with Code Section 26-4-45 and the rules and regulations of the board, and is entitled to continue in the practice of pharmacy, then the board shall issue a license to the applicant."
SECTION 1-14. Said chapter is further amended by revising Code Section 26-4-45, relating to continuing professional pharmaceutical education requirements, as follows:
"26-4-45. The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this chapter, no pharmacist license shall be renewed by the board or the division director executive director until the pharmacist submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in a minimum of 30 hours of approved programs of continuing professional pharmacy education as defined in this Code section. Continuing professional pharmacy education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmacy education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other approved educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year."
SECTION 1-15. Said chapter is further amended in Code Section 26-4-49, relating to drug researcher permits, application for registration, fees, suspension or revocation, and penalty for violations, by revising subsection (b) as follows:
"(b) The board may require that the application for registration as a drug researcher be accompanied by a fee in an amount established under rules promulgated by the board, and the board may establish conditions for exemptions from such fees. Such registration shall not be transferable and shall expire on the expiration date established by the division director executive director and may be renewed pursuant to rules and regulations promulgated by the board. If not renewed, the registration shall lapse and become null and void."

2324

JOURNAL OF THE HOUSE

SECTION 1-16. Said chapter is further amended by revising Code Section 26-4-60, relating to grounds for suspension, revocation, or refusal to grant licenses, as follows:
"26-4-60. (a) The board of pharmacy may refuse to issue or renew, or may suspend, revoke, or restrict the licenses of, or fine any person pursuant to the procedures set forth in this Code section, upon one or more of the following grounds:
(1) Unprofessional conduct as that term is defined by the rules of the board Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice pharmacy or another business or profession licensed under this chapter, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of pharmacy or another licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practices of the business or profession licensed under this chapter; (2) Incapacity that prevents a licensee from engaging in the practice of pharmacy or another business or profession licensed under this chapter with reasonable skill, competence, and safety to the public; (3) Being guilty of one or more of the following:
(A) A Convicted of a felony; (B) Any act Convicted of any crime involving moral turpitude in this state or any other state, territory, or country or in the courts of the United States; or (C) Violations Convicted or guilty of violations of the pharmacy or drug laws of this state, or rules and regulations pertaining thereto, or of laws, rules, and regulations of any other state, or of the federal government; (4) Misrepresentation of a material fact by a licensee in securing the issuance or renewal of a license Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this chapter or on any document connected therewith; practicing fraud or deceit or intentionally making any false statement in obtaining a license to practice the licensed business or profession; or making a false statement or deceptive registration with the board; (5) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license falsely using the title of 'pharmacist' or 'pharmacy intern,' or falsely using the term 'pharmacy' in any manner; (6) Failing to pay the costs assessed in a disciplinary hearing pursuant to subsection (c) of Code Section 26-4-28; (7)(A) Becoming unfit or incompetent to practice pharmacy by reason of:
(i) Intemperance in the use of alcoholic beverages, narcotics, or habit-forming drugs or stimulants; or

THURSDAY, MARCH 7, 2013

2325

(ii) Any abnormal physical or mental condition which threatens the safety of persons to whom such person may compound or dispense prescriptions, drugs, or devices or for whom he or she might manufacture, prepare, or package or supervise the manufacturing, preparation, or packaging of prescriptions, drugs, or devices. (B) In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by licensed health care providers designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21 24-5-501. Every person who shall accept accepts the privilege of practicing pharmacy in this state or who shall file files an application for a license to practice pharmacy in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing pharmacy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of pharmacy with reasonable skill and safety to patients. (C) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21 24-5-501. Every person who shall accept accepts the privilege of practicing pharmacy in this state or who shall file files an application for a license to practice pharmacy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitutes a privileged communication. (D) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (B) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (C) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding;

2326

JOURNAL OF THE HOUSE

(8) Being adjudicated to be mentally ill or insane adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; (9) Violating any rules and regulations promulgated by the board; (10) Promoting to the public in any manner a drug which may be dispensed only pursuant to prescription; (11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to:
(A) A patient or directly to a patient's guardian or caregiver or a physician or physician acting as the patient's agent for whom the prescription drug was prescribed if:
(i) Such prescription drugs are prescribed for complex chronic, terminal, or rare conditions; (ii) Such prescription drugs require special administration, comprehensive patient training, or the provision of supplies and medical devices or have unique patient compliance and safety monitoring requirements; (iii) Due to the prescription drug's high monetary cost, short shelf life, special manufacturer specified packaging and shipping requirements or instructions which require temperature sensitive storage and handling, limited availability or distribution, or other factors, the drugs are not carried in the regular inventories of retail pharmacies such that the drugs could be immediately dispensed to multiple retail walk-in patients; (iv) Such prescription drug has an annual retail value to the patient of more than $10,000.00; (v) The patient receiving the prescription drug consents to the delivery of the prescription drug via expedited overnight common carrier and designates the specialty pharmacy to receive the prescription drug on his or her behalf; (vi) The specialty pharmacy utilizes, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (vii) The specialty pharmacy establishes and notifies the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs; (B) An institution or to sell, distribute, or deliver prescription drugs, upon his or her request, to an enrollee in a health benefits plan of a group model health maintenance organization or its affiliates by a pharmacy which is operated by that same group

THURSDAY, MARCH 7, 2013

2327

model health maintenance organization and licensed under Code Section 26-4-110 or to a patient on behalf of a pharmacy. Any pharmacy using the mails or other common carriers to dispense prescriptions pursuant to this paragraph shall comply with the following conditions:
(i) The pharmacy shall provide an electronic, telephonic, or written communications mechanism which reasonably determines whether the medications distributed by the mails or other common carriers have been received by the enrollee and through which a pharmacist employed by the group model health maintenance organization or a pharmacy intern under his or her direct supervision is enabled to offer counseling to the enrollee as authorized by and in accordance with his or her obligations under Code Section 26-4-85, unless the enrollee refuses such consultation or counseling pursuant to subsection (e) of such Code section. In addition, the enrollee shall receive information indicating what he or she should do if the integrity of the packaging or medication has been compromised during shipment; (ii) In accordance with clinical and professional standards, the State Board of Pharmacy shall promulgate a list of medications which may not be delivered by the mails or other common carriers. However, until such list is promulgated, the group model health maintenance organization shall not deliver by use of the mails or other common carriers Class II controlled substance medications, medications which require refrigeration, chemotherapy medications deemed by the federal Environmental Protection Agency as dangerous, medications in suppository form, and other medications which, in the professional opinion of the dispensing pharmacist, may be clinically compromised by distribution through the mail or other common carriers; (iii) The pharmacy shall utilize, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (iv) The pharmacy shall establish and notify the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs. For purposes of this subparagraph (B) of this paragraph, the term 'group model health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefits plans of the health maintenance organization; or (C) A pharmacist or pharmacy to dispense a prescription and deliver it to another pharmacist or pharmacy to make available for a patient to receive the prescription and patient counseling according to Code Section 26-4-85. The State Board of

2328

JOURNAL OF THE HOUSE

Pharmacy shall adopt any rules and regulations necessary to implement this subparagraph; (12) Unless otherwise authorized by law, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the prior authorization of the practitioner ordering or prescribing the same; (13) Violating or attempting to violate a statute, law, or any lawfully promulgated rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which when such statute, law, rule, or regulation relates to or in part regulates the practice of pharmacy or another business or profession licensed under this chapter, when the licensee or applicant knows or should know that such action is violative of violates such statute, law, or rule; or violating either a public or confidential lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; or (14) Having his or her license to practice pharmacy or another business or profession licensed under this chapter revoked, suspended, or annulled by any lawful licensing authority of this or any other state, having disciplinary action taken against him or her by any lawful licensing authority of this or any other state, or being denied a license or renewal by any lawful licensing authority of this or any other state.; (15) Failure to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; or (16) Knowingly performing any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice pharmacy or another business or profession licensed under this chapter or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board. (b) The board shall have the power to suspend or revoke the license of the pharmacist in charge when a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed, or otherwise disposed of has not been kept by the pharmacy in conformance with the record-keeping and inventory requirements of federal law and the rules of the board. (c) Any person whose license to practice pharmacy in this state has been suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license pursuant to rules and regulations promulgated by the board. Such petition shall be made in writing and in the form prescribed by the board. The board may, in its discretion, grant or deny such petition, or it may modify its

THURSDAY, MARCH 7, 2013

2329

original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. (d) Nothing in this Code section shall be construed as barring criminal prosecutions for violations of this chapter. (e) All final decisions by the board shall be subject to judicial review pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (f) Any individual or entity whose license to practice pharmacy is revoked, suspended, or not renewed shall return his or her license to the offices of the board within ten days after receipt of notice of such action. (g) For purposes of this Code section, a conviction shall include a finding or verdict of guilty, or a plea of guilty, or a plea of nolo contendere, or no contest in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. (h) Nothing in this Code section shall be construed as barring or prohibiting pharmacists from providing or distributing health or drug product information or materials to patients which are intended to improve the health care of patients. (i) The board shall have the power to suspend any license issued under Article 3 of this chapter when such holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3. The board shall also have the power to deny the application for issuance or renewal of a license under Article 3 of this chapter when such applicant is not in compliance with a court order for child support as provided in either of such Code sections. The hearings and appeals procedures provided for in such Code sections shall be the only such procedures required to suspend or deny any license issued under Article 3 of this chapter. (j) Nothing in this chapter shall prohibit any person from assisting any duly licensed pharmacist or practitioner in the measuring of quantities of medication and the typing of labels therefor, but excluding the dispensing, compounding, or mixing of drugs, provided that such duly licensed pharmacist or practitioner shall be physically present in the dispensing area and actually observing the actions of such person in doing such measuring and typing, and provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner. (k) The board shall have the power to suspend any license issued under Article 3 of this chapter when such holder is a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295. The board shall also have the power to deny the application for issuance or renewal of a license under Article 3 of this chapter when such applicant is a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295. The hearings and appeals procedures provided for in Code Section 20-3-295 shall be the only such procedures required to suspend or deny any license issued under Article 3 of this chapter.
(l)(1) The executive director is vested with the power and authority to make or cause to be made through employees or agents of the board or the Georgia Drugs and Narcotics Agency such investigations as he or she or the board may deem necessary

2330

JOURNAL OF THE HOUSE

or proper for the enforcement of the provisions of this Code section and the laws relating to the practice of pharmacy and other businesses and professions licensed by the board. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The executive director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of pharmacy or other business or profession subject to regulation or licensing by the board may have taken place. Notwithstanding the provisions of this paragraph, Code Section 16-13-60 shall control the access to or release of information. (2) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public. (m) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice a business or profession licensed under this chapter, or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying. (n) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of such chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. The board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant. (o) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of

THURSDAY, MARCH 7, 2013

2331

the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the executive director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the executive director, or his or her designee, shall be deemed to be service upon the licensee or applicant. (p) Board proceedings that result in 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 such license, subject to reinstatement in the discretion of the board. The board may restore and reissue a license to practice under this chapter and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the provisions of this chapter. (q) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever."
SECTION 1-17. Said chapter is further amended by revising subsection (a) of Code Section 26-4-115, relating to wholesale drug distributors, registration, fees, reports of excessive purchases, and penalty for violations, as follows:
"(a) All persons, firms, or corporations, whether located in this state or in any other state, engaged in the business of selling or distributing drugs at wholesale in this state, in the business of supplying drugs to manufacturers, compounders, and processors in this state, or in the business of a reverse drug distributor shall biennially register with the board as a drug wholesaler, distributor, reverse drug distributor, or supplier. The application for registration shall be made on a form to be prescribed and furnished by said the board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the division director executive director. Registration shall be renewed pursuant to the rules and regulations of the board, and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists,

2332

JOURNAL OF THE HOUSE

pharmacies, wholesale distribution, or reverse drug distribution of controlled substances or dangerous drugs as defined in Chapter 13 of Title 16; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked."
PART II SECTION 2-1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, dental hygienists, and dental assistants, is amended in Code Section 43-11-1, relating to definitions, so as to add a new paragraph to read as follows: "(6.1) 'Executive director' means the executive director appointed by the board pursuant to Code Section 43-11-2.1."
SECTION 2-2. Said chapter is further amended by adding a new Code section to read as follows:
"43-11-2.1 (a) On and after July 1, 2013, the board shall not be under the jurisdiction of the Secretary of State but shall be a division of the Department of Community Health; provided, however, that except as otherwise specifically provided, the board shall be autonomous from the Board of Community Health and the commissioner of community health and shall exercise its quasi-judicial, rule-making, licensing, or policy-making functions independently of the department and without approval or control of the department and prepare its budget and submit its budgetary requests, if any, through the department. Such transfer shall in no way affect any existing obligations, liabilities, or rights of the board, as such existed on June 30, 2013. The board shall have with respect to all matters within the jurisdiction of the board as provided under this chapter the powers, duties, and functions of professional licensing boards as provided in Chapter 1 of this title. (b) The board shall appoint and fix the compensation, which shall be approved by the Board of Community Health, of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director shall have those duties and powers prescribed by the board and any power, duty, and functions granted to the division director with respect to professional licensing boards under Chapter 1 of Title 43 but shall not be subject to any approval or other powers exercised by the Secretary of State. (c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board. (d) The board, through the executive director, may hire investigators for the purpose of conducting investigations. Any person so employed, if a P.O.S.T. certified peace officer under Chapter 8 of Title 35, shall be considered to be a peace officer and shall have all

THURSDAY, MARCH 7, 2013

2333

powers, duties, and status of a peace officer of this state; provided, however, that such investigators shall only be authorized, upon written approval of the executive director, notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms in the performance of their duties and exercise the powers of arrest in the performance of their duties. (e) The venue of any action involving members of the board shall be the county in which is found the primary office of the governmental entity of which the defendant is an officer. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction. (f) The board shall give point credit to veterans in the same manner as required under Code Sections 43-1-9 through 43-1-13. (g) Initial judicial review of a final decision of the board shall be held solely in the superior court of the county of domicile of the board. (h) The executive director shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which shall be made available to any member of the General Assembly upon request. (i) The executive director shall prepare and maintain a roster containing the names and addresses of all current dental and dental hygiene licensees. A copy of this roster shall be available to any person upon request at a fee prescribed by the executive director sufficient to cover the cost of printing and distribution. (j) The executive director, with the approval of the board, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required of the board. (k) It shall be the duty of the executive director to keep minutes and a record of all acts of the board and such other books and records as may be necessary to show the acts of the board."
SECTION 2-3. Said chapter is further amended in Code Section 43-11-5, relating to the duty of members to notify the division director of address, as follows:
"43-11-5. Each member of the board, upon the receipt of his or her commission, shall file with the division director executive director his or her post office address and thereafter a notice of any change therein thereof. Any notice mailed to such address by the division director executive director shall be deemed to comply with the requirements of this chapter as notice to him or her."
SECTION 2-4. Said chapter is further amended in Code Section 43-11-6, relating to reimbursement of members, as follows:

2334

JOURNAL OF THE HOUSE

"43-11-6. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2 receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within this state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members are subject to approval of the president and executive director. Out-of-state travel by board members must be approved by the board president and the executive director."
SECTION 2-5. Said chapter is further amended in Code Section 43-11-7, relating to powers and duties of the board, as follows:
"43-11-7. The board shall perform such duties and possess and exercise such powers, relative to the protection of the public health and the control and regulation of the practice of dentistry as this chapter prescribes and confers upon it. The board shall also have the power and authority to promulgate the following powers and duties:
(1) To adopt, amend, and repeal rules and regulations to carry out the performance of its duties as set forth in this chapter; (2) To examine all applicants for licenses to practice dentistry who are entitled under this chapter to be so examined and issue licenses to practice dentistry according to this chapter; (3) To make all necessary bylaws and rules for the governance of the board and the performance of its duties; (4) To have and use a common seal bearing the name 'Georgia Board of Dentistry' by which the board shall authenticate the acts of the board; (5) To establish rules regarding licensure including, but not limited to, inactive status as the board deems appropriate; (6) To issue, deny, or reinstate the licenses or permits of duly qualified applicants for licensure or permits under this chapter; (7) To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional dental training, require dental community service, or otherwise sanction licensees, permit holders or others over whom the board has jurisdiction under this chapter;

THURSDAY, MARCH 7, 2013

2335

(8) To employ an executive director and such other staff as the board may deem necessary and appropriate to implement this chapter and provide support and who shall be subject to the same confidentiality requirements of the board; (9) To keep a docket of public proceedings, actions, and filings; (10) To set its office hours; (11) To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation; (12) To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases; (13) To initiate investigations for purposes of discovering violations of this chapter; (14) To administer oaths, subpoena witnesses and documentary evidence including dental records, and take testimony in all matters relating to its duties; (15) To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50; (16) To conduct investigative interviews; (17) To issue cease and desist orders to stop the unlicensed practice of dentistry or other professions licensed or permitted under this chapter and impose penalties for such violations; (18) To refer cases for criminal prosecution or injunctive relief to appropriate prosecuting attorneys or other law enforcement authorities of this state, another state, or the United States; (19) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state; (20) To sue and be sued in a court of competent jurisdiction; (21) To enter into contracts; and (22) To accept donations, contributions, grants, or bequests of funds or property."
SECTION 2-6. Said chapter is further amended in Code Section 43-11-8, relating to the board examining applicants, issuing licenses, and making bylaws and rules, as follows:
"43-11-8. (a) The board shall exercise the following powers and duties:
(1) Examine all applicants for licenses to practice dentistry who are entitled under this chapter to be so examined and issue licenses to practice dentistry according to this chapter; (2) Make all necessary bylaws and rules for the governance of the board and the performance of its duties; and (3) Have and use a common seal bearing the name 'Georgia Board of Dentistry.' (b) It shall be the duty of the division director to keep minutes and a record of all the acts of the board and such other books and records as may be necessary to show the acts of the board. Reserved."

2336

JOURNAL OF THE HOUSE

SECTION 2-7. Said chapter is further amended in Code Section 43-11-11, relating to a census of practicing dentists and dental hygienists and publication of names, as follows:
"43-11-11. The board may, from time to time, through its members or other suitable persons, take a census of all practicing dentists and dental hygienists of any locality, city, or county in the state when it may consider it necessary for the purpose of carrying out this chapter; the board may at any time cause the names of all licensed dentists and dental hygienists in any locality, city, or county to be posted or published; and the board is authorized to pay for taking such census and posting or publishing such names. (a) The board shall gather census data on each dentist and dental hygienist in this state. Such census data shall be obtained from each dentist and dental hygienist as part of the license renewal process on a biennial basis. Renewal of a license shall be contingent on completion and provision of a census questionnaire to the board. Failure by a licensee to submit the census questionnaire shall authorize the board to refuse to grant a license renewal, revoke a license, or discipline a licensee under Code Section 43-11-47. (b) The board shall by regulation establish a standard form for the collection of census data. Such form and the census data obtained shall be available for dissemination to any member of the public. (c) The standard form shall at a minimum request the following information from dentists renewing their license:
(1) The dentist's age and gender; (2) Each location identified by ZIP Code in which the dentist operates a private dental practice or practices dentistry; (3) Whether the dentist is a specialist and the specialty in which the dentist is engaged; and (4) Whether the dentist practices dentistry full time, which shall mean 30 or more hours per week, or part time, which shall mean less than 30 hours per week. (d) The standard form shall at a minimum request the following information from dental hygienists renewing their license: (1) The dental hygienist's age and gender; (2) Each location identified by ZIP Code in which the dental hygienist provides treatment services; and (3) Whether the dental hygienist provides treatment full time, which shall mean 30 or more hours per week, or part time, which shall mean less than 30 hours per week."
SECTION 2-8. Said chapter is further amended in Code Section 43-11-12, relating to public inspection of board records, as follows:
"43-11-12. It shall be the duty of the division director executive director to keep at his or her office the minutes of the board, together with all the books and records of the board, which books and records shall, except as provided in subsection (k) of Code Section 43-1-2,

THURSDAY, MARCH 7, 2013

2337

be public records open to inspection by the public except on Sundays and legal holidays. The following shall be treated as confidential and need not be disclosed without prior approval of the board:
(1) Applications and other personal information submitted by applicants, except to the applicant, staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and board; (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in the official board minutes."
SECTION 2-9. Said chapter is further amended in Code Section 43-11-13, relating to service of orders and subpoenas of the board, as follows:
"43-11-13. (a) It shall be the duty of the several sheriffs, their deputies, and the constables to serve any and all lawful orders and subpoenas of the board. The board may also appoint any other person to serve any decision, order, or subpoena of the board, which and it shall be that person's duty it shall be to execute the same. (b) All orders and processes of the board shall be signed and attested by the division director executive director or the president of the board in the name of the board with its seal attached; and any notice or legal process necessary to be served upon the board may be served upon the division director executive director."
SECTION 2-10. Said chapter is further amended in Code Section 43-11-40, relating to qualification of applicants for licenses to practice dentistry and criminal background check, as follows:
"43-11-40. (a)(1) Applicants for a license to practice dentistry must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure: (A) Successful completion at an accredited dental school approved by the board of the last two years of a pre-doctoral program and receipt of the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and (B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of

2338

JOURNAL OF THE HOUSE

didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree. (2) The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for licensure. (3) In order to be granted a license under this Code section, all applicants must pass a clinical examination approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language. (b) All applications to the board for a license shall be made through the division director executive director, who shall then submit all such applications to the board. (c) Subject to the provisions of subsection (a) of Code Section 43-11-47, applicants who have met the requirements of this Code section shall be granted licenses to practice dentistry. (d) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure 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 a background check."
SECTION 2-11. Said chapter is further amended in Code Section 43-11-41, relating to applications for provisional licenses to practice dentistry by credentials, as follows:
"43-11-41. (a)(1) Applicants for a provisional license to practice dentistry by credentials must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any. Applicants must have been in full-time clinical practice, as defined by rules and regulations established by the board; full-time faculty, as defined by board rule and regulation; or a combination of both for the five years immediately preceding the date of the application and must hold an active dental license in good standing from another state. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for provisional licensure by credentials: (A) Successful completion at an accredited dental school approved by the board of the last two years of a pre-doctoral program leading to and receipt of the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and (B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school.

THURSDAY, MARCH 7, 2013

2339

(2) The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for provisional licensure. (3) In order to be granted a provisional license under this Code section, all applicants must have passed a clinical examination given by a state or regional testing agency approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language. (4) The board may establish additional licensure requirements by rule and regulation. (b) All applications to the board for a provisional license by credentials shall be made through the division director executive director, who shall then submit all such applications to the board. The fee for provisional licensure by credentials shall be paid to the division director executive director and shall be in an amount established by the board. (c) Subject to the provisions of subsection (a) of Code Section 43-11-47, an applicant who has met the requirements of this Code section shall be granted a provisional license to practice dentistry, which shall be valid for two years from the date it is issued and may be renewed subject to the approval of the board. (d) Application for a provisional license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for provisional licensure 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 a background check. (e) Upon receipt of license, the applicant by credentials must establish active practice, as defined by rules and regulations of the board, in this state within two years of receiving such license under this Code section or the license shall be automatically revoked."
SECTION 2-12. Said chapter is further amended in Code Section 43-11-43, relating to fees, as follows:
"43-11-43. Each person applying for examination for a license to practice dentistry shall, at the time of making his or her application, pay to the division director executive director a fee to be set by the board. Each person applying for the renewal of a license or authority to practice dentistry or for the establishment of a license or authority that has been lost shall, at the time of making his or her application, pay to the division director executive director a fee to be set by the board. Such fee shall cover the entire service for granting or issuing licenses to practice dentistry."
SECTION 2-13. Said chapter is further amended in Code Section 43-11-46, relating to renewal of registration, by revising subsection (a) as follows:

2340

JOURNAL OF THE HOUSE

"(a) Every person licensed by the board to practice dentistry shall register biennially on the renewal date set by the division director board and shall pay to the division director executive director a registration fee which shall be set by the board. The board shall provide for penalty fees for late registration."
SECTION 2-14. Said chapter is further amended in Code Section 43-11-47, relating to the refusal to grant, or revocation of, licenses, by revising paragraph (3) of subsection (a) and subsections (h) and (k) as follows:
"(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere; and, as used in this subsection, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Any licensee who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the board of conviction within ten days of the conviction. The failure to notify the board of a conviction shall be considered grounds for revocation of his or her license;" "(h)(1) The division director executive director is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she or the board or any district attorney may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director executive director, the president of the board, or his or her the appointed representative of either may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of dentistry may have taken place. Upon approval of the board, any person properly conducting an investigation on behalf of the board shall have access to and shall have the right to examine the physical premises of a dental practice. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director executive director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to any law enforcement agency or prosecuting attorney or to another enforcement agency or lawful licensing authority. (3) All records relating to any patient of a licensee who is the subject of a board inquiry shall be admissible at any hearing held to determine whether a violation of

THURSDAY, MARCH 7, 2013

2341

this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a patient shall be reviewed in camera and shall not be disclosed to the public. (4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant." "(k) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director executive director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the division director executive director shall be deemed to be service upon the licensee or applicant."
SECTION 2-15. Said chapter is further amended in Code Section 43-11-48, relating to the initiation of proceedings for violation of chapter, by revising subsection (b) as follows:
"(b) A record of all hearings, decisions, and orders shall be kept for the board by the division director executive director."
SECTION 2-16. Said chapter is further amended in Code Section 43-11-70, relating to an examination requirement, as follows:
"43-11-70. No person shall practice as a dental hygienist in this state until such person has passed a written and a clinical examination conducted or approved by the board. The fee for such examination shall be paid to the division director executive director and shall be in an amount established by the board. The board shall issue licenses and license certificates as dental hygienists to those persons who have passed the examination in a manner satisfactory to the board, which and the license certificate shall be posted and displayed in the place in which the hygienist is employed."
SECTION 2-17. Said chapter is further amended in Code Section 43-11-71.1, relating to applications for licenses to practice dental hygiene by credentials, by revising subsection (b) as follows:
"(b) All applications to the board for a license by credentials shall be made through the division director executive director, who shall then submit all such applications to the board. The fee for licensure by credentials shall be paid to the division director executive director and shall be in an amount established by the board."

2342

JOURNAL OF THE HOUSE

SECTION 2-18. Said chapter is further amended in Code Section 43-11-73, relating to renewals, by revising subsection (a) as follows:
"(a) Every person licensed by the board to practice dental hygiene shall register biennially on the renewal date set by the division director executive director and shall pay to the division director executive director a registration fee which shall be set by the board. The board shall provide for penalty fees for late registration."

PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams N Alexander N Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick N Brockway N Brooks N Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter N Casas Y Chandler Y Channell Y Chapman Y Cheokas

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans N Fleming N Floyd Y Fludd E Frazier N Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick

N Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson N Hightower Y Hill Y Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J N Pruett N Quick Y Ramsey N Randall Y Rice N Riley Y Roberts Y Rogers, C
Rogers, T Y Rutledge Y Rynders N Scott E Setzler

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C

THURSDAY, MARCH 7, 2013

2343

Y Clark, J Y Clark, V Y Coleman N Cooke

N Gordon N Gravley Y Greene N Gregory

N Marin Martin
Y Maxwell Y Mayo

Y Sharper Y Shaw N Sheldon Y Sims, B

N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 122, nays 46.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 549. By Representatives Rynders of the 152nd, England of the 116th, Meadows of the 5th, Jones of the 47th and O`Neal of the 146th:

A RESOLUTION creating the House Study Committee on Professional Licensing Boards; 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 Abrams Y Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson

2344

JOURNAL OF THE HOUSE

Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 166, nays 4.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 458. By Representatives Atwood of the 179th, Williams of the 119th, Smith of the 134th, Weldon of the 3rd, Peake of the 141st and others:

A BILL to be entitled an Act to amend Code Section 44-3-94 of the Official Code of Georgia Annotated, relating to damage or destruction of units, restoration, vote not to restore, and allocation of insurance deductible, so as to change the maximum allowable casualty insurance deductible imposed by condominium associations; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson
Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites

THURSDAY, MARCH 7, 2013

2345

Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon
Sims, B

Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 170, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 506. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th and Pezold of the 133rd:

A BILL to be entitled an Act to amend a general Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for terms of office; to provide for filling vacancies in such office; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett
Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

2346

JOURNAL OF THE HOUSE

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye N Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jackson Y Jacobs
Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, the ayes were 166, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

HB 382. By Representatives Powell of the 171st, Lindsey of the 54th, Ehrhart of the 36th, Allison of the 8th, Dudgeon of the 25th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity; to provide for definitions; to provide for specifications for a recreational joint-use agreement; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity; to provide for definitions; to provide for specifications for a recreational joint-use agreement; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 7, 2013

2347

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, is amended by adding a new Code section to read as follows:
"51-1-52. (a) As used in this Code section, the term:
(1) 'Facilities' means a school's buildings, fixtures, and equipment, including, but not limited to, classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, gardens, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition. (2) 'Public entity' means an entity other than the state or its departments, institutions, agencies, commissions, councils, authorities, boards, bureaus, or any other entity of the state. (3) 'Recreational joint-use agreement' means a written agreement between the governing authority of a school and a public entity or private entity authorizing such entity to access the facilities of a school under the governing authority's jurisdiction for the purposes of conducting or engaging in recreational, physical, or performing arts activity. (4) 'School' means any public pre-kindergarten, elementary school, or secondary school. (b) A recreational joint-use agreement shall: (1) Set forth the terms and conditions of the use of a facility; (2) Include a hold harmless provision in favor of the governing authority; (3) Be revocable at any time by the governing authority of the school; (4) Require the public entity or private entity to maintain and provide proof of a minimum of $1 million in liability insurance coverage applicable to the use of the facilities and effective for the duration of such agreement; and (5) Provide a citation that such agreement shall be governed by this Code section. (c) The governing authority of a school that enters into a recreational joint-use agreement which complies with subsection (b) of this Code section shall not be deemed to have waived its sovereign immunity as to damages to persons or property arising out of or resulting from such recreational joint-use agreement. (d) Code Section 51-12-33 shall not apply to claims for civil damages arising from the use of a school's facilities pursuant to a recreational joint-use agreement. (e) This Code section shall apply to causes of action arising on or after July 1, 2013."
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.

2348

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene
Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 170, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

THURSDAY, MARCH 7, 2013

2349

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 210. By Senators Tolleson of the 20th, Jeffares of the 17th, Miller of the 49th, Crosby of the 13th, Harper of the 7th and others:
A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal Chapter 6A, relating to land conservation; to create the Georgia Legacy Program; to provide for legislative intent; to create conservation funding mechanisms and provide for their operation; to establish procedural requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 226. By Senators Gooch of the 51st, Jackson of the 24th, Wilkinson of the 50th, Bethel of the 54th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to investigation fees; to provide for changes to compensation options of coroners; 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 234. By Senators Jones of the 25th, Murphy of the 27th, Millar of the 40th, Ginn of the 47th, Golden of the 8th 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 comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell travel insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

2350

JOURNAL OF THE HOUSE

SB 243. By Senators Bethel of the 54th, Jeffares of the 17th, Millar of the 40th and Carter of the 42nd:
A BILL to be entitled an Act to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for such organizations; to change certain provisions relating to taxation reporting requirements for such organizations; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to change certain provisions relating to qualified education tax credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 512. By Representatives Jasperse of the 11th, Meadows of the 5th, Roberts of the 155th, Ballinger of the 23rd, Powell of the 32nd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to change provisions relating to carrying weapons in unauthorized locations; to change provisions relating to persons exempt from the provisions of Code Sections 16-11-126 through 16-11-127.2; to change legislative findings and provide for preemption for weapons other than firearms; to provide for a cause of action and damages; to amend Title 16, relating to crimes and offenses, and Article 27 of Chapter 2 of Title 20, relating to loitering at or disrupting schools, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change provisions relating to carrying weapons in unauthorized locations; to provide for a short title; to provide for and change definitions; to change provisions relating to carrying a weapon in government buildings, places of worship, and bars; to revise the definition of school safety zones; to change provisions relating to carrying weapons within certain school safety zones and at school functions; to change provisions relating to exemptions for carrying weapons

THURSDAY, MARCH 7, 2013

2351

within school safety zones; to allow persons who have had their weapons carry license revoked to be eligible to be license holders under certain circumstances; to remove fingerprinting requirements for renewal licenses; to change provisions relating to weapons carry licenses; to change provisions relating to persons exempt from the provisions of Code Sections 16-11-126 through 16-11-127.2; to provide for local boards of education to authorize personnel to carry weapons within school safety zones under certain circumstances; to provide for the offense of unlawfully carrying a weapon into a secure airport area; to change legislative findings and provide for preemption for weapons other than firearms; to amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency, unruliness, or deprivation of a minor, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
This Act shall be known and may be cited as the "Safe Carry Protection Act."
SECTION 1-2. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by revising subsection (d) of Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, as follows:
"(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to forbid exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135."
SECTION 1-3. Said article is further amended by revising Code Section 16-11-127, relating to carrying weapons in unauthorized locations and penalty, as follows:
"(a) As used in this Code section, the term: (1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

2352

JOURNAL OF THE HOUSE

(2)(1) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (3)(2) 'Government building' means:
(A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (4)(3) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (5)(4) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, or prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, or prison, place of worship, or bar for the parking of motor vehicles at a government building, or at such courthouse, jail, or prison, place of worship, or bar. (b) Except as provided in subsection (d) or (e) of this Code section, a A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship; (5)(4) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders; (7)(5) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (8)(6) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. (c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental

THURSDAY, MARCH 7, 2013

2353

agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to forbid exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply:
(1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility. (e) A license holder shall be authorized to carry a weapon in a government building or courthouse where ingress into such building or courthouse is not restricted or screened by security personnel during the hours the government building or courthouse is open for business. A person who is not a license holder and who attempts to enter a government building or courthouse with a weapon shall be guilty of a misdemeanor. A person who enters or attempts to enter a government building or courthouse where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor; provided, however, that a person who exits such building or courthouse or leaves such location upon his or her observation that such building or courthouse has security personnel restricting or screening ingress into such building or courthouse shall not be guilty of violating this subsection."
SECTION 1-4. Said article is further amended by revising subsection (a), paragraph (1) of subsection (b), and subsections (c) through (f) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"(a) As used in this Code section, the term: (1) 'Bus or other transportation furnished by a school' means a bus or other transportation furnished by a public or private elementary or secondary school. (2) 'School function' means a school function or related activity that occurs outside of a school safety zone and is for a public or private elementary or secondary school. (1)(3) 'School safety zone' means in or on any real property or building owned by or leased to:

2354

JOURNAL OF THE HOUSE

(A) Any any public or private elementary school, secondary school, or school local board of education and used for elementary or secondary education; and in or on the campus of any (B) Any public or private technical school, vocational school, college, university, or other institution of postsecondary education. (2)(4) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25." "(c) The provisions of this Code section shall not apply to: (1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes; (2) Participants in organized sport shooting events or firearm training courses; (3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (4) Persons participating in law enforcement training conducted by a police academy certified by the Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof; (5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties: (A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm;

THURSDAY, MARCH 7, 2013

2355

(E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and (F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; (6) A person who has been authorized in writing by a duly authorized official of the school a public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education or a local board of education as provided in Code Section 16-11-130.1 to have in such person's possession or use as part of any activity being conducted at a school building, school property, or within a school safety zone, at a school function, or on a bus or other transportation furnished by a school a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid; (7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, within a school safety zone, at a school function, or school property or on a bus or other transportation furnished by the a school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property within a school safety zone or is in transit through a designated school safety zone; (8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, within a school safety zone, at a school function, or school property or on a bus or other transportation furnished by the a school, or when such vehicle is used to transport someone to an activity being conducted on school property within a school safety zone which has been authorized by a duly authorized official of the school or local board of education as provided by paragraph (6) of this subsection; provided, however, that this exception shall not apply to a student attending such a public or private elementary or secondary school; (9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; (11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;

2356

JOURNAL OF THE HOUSE

(12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation; (13) Public safety directors of municipal corporations; (14) State and federal trial and appellate judges; (15) United States attorneys and assistant United States attorneys; (16) Clerks of the superior courts; (17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle; or (18) Constables of any county of this state; or (19) Any license holder when he or she is in or on any real property or building owned or leased to any public or private technical school, vocational school, college, university, or other institution of postsecondary education; provided, however, that such exception shall not apply to such property or buildings used for athletic sporting events or student housing, including fraternity and sorority houses. (d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, that it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section. (3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law. (e) It shall be no defense to a prosecution for a violation of this Code section that: (1) A public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school public or private elementary or secondary school or public or private technical school, vocational school, college, university, or other institution of postsecondary education purposes at the time of the offense; or (3) The offense took place on a bus or other transportation furnished by a school vehicle. (f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and

THURSDAY, MARCH 7, 2013

2357

boundaries of the area of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or the area of any campus of any public or private technical school, vocational school, college, university, or other institution of postsecondary education and used for student housing or athletic sporting events, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county."
SECTION 1-5. Said article is further amended by revising subsections (b), (c), (d), and (f) of Code Section 16-11-129, relating to license to carry weapons, as follows:
"(b) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief an adjudication of guilt. Such term shall not include an order of discharge and exoneration pursuant to Article 3 of Chapter 8 of Title 42. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (2) No weapons carry license shall be issued to: (A) Any person under 21 years of age; (B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation; (C) Any person against whom proceedings are pending for any felony; (D) Any person who is a fugitive from justice; (E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922;

2358

JOURNAL OF THE HOUSE

(F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; (G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section within three years of the date of his or her application; (H) Any person who has been convicted of any of the following:
(i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii)(ii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127 and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five three years immediately preceding the date of the application; (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (E) through (G) of this paragraph for at least five three years immediately preceding the date of the application; or (J) Any person who has been involuntarily hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center or adjudicated by a court to be in need of involuntary outpatient mental health treatment within the five years immediately preceding the application. An applicant's statement that he or she has not been involuntarily hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center or adjudicated by a court to be in need of involuntary outpatient mental health treatment within the five years immediately preceding his or her application shall create a rebuttable presumption that he or she has not been so hospitalized or treated; provided, however, that the The judge of the probate court may shall require any an applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been involuntarily hospitalized as an inpatient or involuntarily treated as an outpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the Each applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. Within three days of receiving an application, the judge shall forward a request to the applicable mental health hospital, alcohol or drug or other treatment center, or Department of Behavioral

THURSDAY, MARCH 7, 2013

2359

Health and Developmental Disabilities which shall provide a report of any findings relating to the applicant which may bear on the applicant's eligibility for a weapons carry license or license renewal to the judge by telephone and in writing within 30 days of receiving the request for such information. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license. (3) If first offender treatment without adjudication of guilt for a conviction contained in subparagraph (F) or (I) of paragraph (2) of this subsection was entered and such sentence was successfully completed and such person has not had any other conviction since the completion of such sentence and for at least five years immediately preceding the date of the application, he or she shall be eligible for a weapons carry license provided that no other license exception applies. (c) Fingerprinting. Following completion of the application for a weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then so that such agency can capture the fingerprints of the applicant for a weapons carry license or renewal license and place the name of the applicant on the blank license form. The appropriate local law enforcement agency shall place the fingerprint on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court if a fingerprint is required to be furnished by subsection (f) of this Code section. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the fingerprinting and processing of an application. Fingerprinting shall not be required for applicants seeking temporary renewal licenses or renewal licenses. (d) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant

2360

JOURNAL OF THE HOUSE

Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by United States Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court." "(f)(1) Weapons carry license specifications. Weapons carry licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, and sex of the licensee. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. Licenses issued on and before December 31, 2011, shall bear a clear print of the licensee's right index finger; however, if the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken prior to January 1, 2012, shall be in the format specified by the former provisions of this paragraph as they existed on June 30, 2013. (2)(A) On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the

THURSDAY, MARCH 7, 2013

2361

personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (B)(3) Using the physical characteristics of the license set forth in subparagraph (A) of this paragraph (2) of this subsection, The Council of Probate Court Judges of Georgia shall create specifications for the probate courts so that all weapons carry licenses in this state shall be uniform and so that probate courts can petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing such licenses. The department shall follow the competitive bidding procedure set forth in Code Section 50-5-102."
SECTION 1-6. Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11127.2, as follows:
"(3) Persons in the military service of the state or of the United States or a person 21 years of age or younger who has received an honorable discharge from the military service of the United States;"
SECTION 1-7. Said article is further amended by adding two new Code sections to read as follows:
"16-11-130.1. (a) As used in this Code section, the term:
(1) 'Bus or other transportation furnished by a school' means a bus or other transportation furnished by a public or private elementary or secondary school. (2) 'School function' means a school function or related activity that occurs outside of a school safety zone for a public or private elementary or secondary school. (3) 'School safety zone' means in or on any real property or building owned by or leased to any public or private elementary or secondary school or local board of education and used for elementary or secondary education. (4) 'Weapon' shall have the same meaning as set forth in Code Section 16-11-127.1. (b) A local board of education shall approve personnel to possess or carry weapons as provided in paragraph (6) of subsection (c) of Code Section 16-11-127.1 if such board has adopted and implemented a policy which provides for:

2362

JOURNAL OF THE HOUSE

(1) Sufficient training of approved personnel prior to authorizing such personnel to carry weapons. The training shall at a minimum include training on judgment pistol shooting, marksmanship, and a review of current laws relating to the use of force for the defense of self and others; provided, however, that the local board of education training policy may substitute for certain training requirements the personnel's prior military or law enforcement service if the approved personnel has previously served as a certified law enforcement officer or has had military service which involved similar weapons training; (2) An approved list of the types of weapons and ammunition and the quantity of weapons and ammunition authorized to be possessed or carried; (3) The exclusion from approval of any personnel who has had an employment or other history indicating any type of mental or emotional instability as determined by the local board of education; and (4) A mandatory method of securing weapons which shall include at a minimum a requirement that the weapon, if permitted to be carried concealed by personnel, shall be carried in a holster on the person and not in a purse, briefcase, bag, or similar other accessary which is not secured on the body of the person and, if maintained separate from the person, shall be maintained in a secured lock safe or similar lock box that cannot be easily accessed by students. (c) Any personnel selected to possess or carry weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be a license holder, and the local board of education shall be responsible for conducting a criminal history background check of such personnel annually to determine whether such personnel remains qualified to be a license holder. (d) The selection of approved personnel to possess or carry a weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be done strictly on a voluntary basis. No personnel shall be required to possess or carry a weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school and shall not be terminated or otherwise retaliated against for refusing to possess or carry a weapon. (e) The local board of education shall be responsible for any costs associated with approving personnel to carry or possess weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school; provided, however, that nothing contained in this Code section shall prohibit any approved personnel from paying for part or all of such costs or using any other funding mechanism available, including donations or grants from private persons or entities. (f) Documents and meetings pertaining to personnel approved to carry or possess weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be considered employment and public safety security records and shall not be exempt from disclosure under Article 4 of Chapter 18 of Title 50. (g) This Code section shall not be construed to require or otherwise mandate that any local board of education or school administrator adopt or implement a practice or

THURSDAY, MARCH 7, 2013

2363

program for the approval of personnel to possess or carry weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school nor shall this Code section create any liability for adopting or declining to adopt such practice or program. Such decision shall rest with each individual local board of education.
16-11-130.2. (a) No person shall enter the restricted access area of a commercial service airport, in or beyond the airport security screening checkpoint, knowingly possessing or knowingly having under his or her control a weapon or long gun. Such area shall not include an airport drive, general parking area, walkway, or shops and areas of the terminal that are outside the screening checkpoint and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that weapons are prohibited in such area. (b) A person who violates this Code section shall be guilty of a misdemeanor; provided, however, that a person who violates this Code section with the intent to commit a separate felony offense shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $15,000.00, imprisonment for not less than one nor more than ten years, or both. (c) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state which is in conflict with this Code section shall be null, void, and of no force and effect and this Code section shall preempt any such ordinance, resolution, regulation, or policy."
SECTION 1-8. Said article is further amended by revising subsections (a) and (b) of Code Section 16-11173, relating to legislative findings and preemption of local regulation and lawsuits, and by adding a new subsection to read as follows:
"(a)(1) It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern. (2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se. (b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, nor any agency, board, department, commission, or authority of this state, other than the General Assembly, by rule, regulation, or other enactment shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons; firearms dealers or dealers of other weapons; or dealers in firearms components of firearms or other weapons. (2) The authority to bring suit and right to recover against any weapons, firearms, or ammunition manufacturer, trade association, or dealer by or on behalf of any

2364

JOURNAL OF THE HOUSE

governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority." "(f) As used in this Code section, the term 'weapon' shall have the same meaning as set forth in Code Section 16-11-127.1."
PART II SECTION 2-1.
Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency, unruliness, or deprivation of a minor, is amended by revising paragraph (5) of subsection (b) as follows:
"(5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or"
PART III SECTION 3-1.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Jasperse of the 11th offers the following amendment:
Amend the substitute to HB 512 (LC 35 2989S) by inserting after the semicolon on line 17 the following: to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal background checks to private persons and businesses, so as to provide for the collection and dissemination of information pertinent to issuing weapons carry licenses;
By deleting "or private" from line 220.

THURSDAY, MARCH 7, 2013

2365

By inserting between lines 275 and 276 the following: (D) 'Involuntary treatment' shall have the same meaning as set forth in Code Section 37-3-1.
By replacing "or" with "or" on line 308.
By revising lines 309 through 337 as follows: (J) Any person who: (i) Has been adjudicated mentally incompetent to stand trial; (ii) Has been adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Chapter 7 of Title 17; or (iii) Is registered on the state sexual offender registry; (K) Any person who, within the five years immediately preceding the application, has had a guardian or conservator appointed to represent such person as a result of a mental illness or alcoholic or drug dependency; (L) Any person who, within the five years immediately preceding the application, has made a credible threat to do physical violence to another person which threat was heard by a law enforcement officer and reported to the Georgia Crime Information Center. The judge of the probate court shall request such information from the Georgia Crime Information Center and shall be entitled to such information as set forth in subsection (e.1) of Code Section 35-3-34; or (M) Any person who, has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application, has had involuntary treatment. An applicant's statement that he or she has not had involuntarily treatment within the five years immediately preceding his or her application shall create a rebuttable presumption that he or she has not been so treated. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department shall request involuntary treatment information from the Georgia Crime Information Center as provided in paragraph (3) of subsection (e) of Code Section 35-3-34. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the a weapons carry license or renewal license to an applicant who has had involuntary treatment.

2366

JOURNAL OF THE HOUSE

By inserting between lines 543 and 544 the following:
SECTION 1-9. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal background checks to private persons and businesses and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, by adding a new paragraph to subsection (e) and a new subsection to read as follows:
"(3)(A) As used in this paragraph, the term 'involuntary treatment' shall have the same meaning as set forth in Code Section 37-3-1. (B) The records of the center shall include information as to whether a person has had involuntary treatment. In order to carry out the provisions of Code Section 1611-129, the center shall be provided such information and no other mental health information from the records of the probate and superior courts ordering persons to have involuntarily treatment. With respect to probate court records, such information shall be provided in a manner agreed upon by the Probate Judges Training Council and the bureau. With respect to superior court records, such information shall be provided in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the bureau. Such records shall be provided in a manner so as to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary treatment information has been received by the center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period. (C) In order to carry out the provisions of Code Section 16-11-129, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or been found not guilty by reason of insanity at the time of the crime. The clerk of court shall report such information to the center." "(e.1) Any law enforcement officer who hears a credible threat to do physical violence to another person shall report the name and identifying information of the individual making such threat, the date such threat was made, and any pertinent circumstances surrounding such threat to the center and the center shall be authorized to collect and disseminate such information to probate judges as provided in Code Section 16-11-129. After five years have elapsed from the date such threat was made, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period."
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.

THURSDAY, MARCH 7, 2013

2367

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming Y Floyd N Fludd E Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton E Golick N Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby
Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson N Wilkinson N Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 56.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

House of Representatives Coverdell Legislative Office Building
Room 604-A Atlanta, Georgia 30334

March 7, 2013

2368

JOURNAL OF THE HOUSE

Robbie Rivers Clerk of the House 309 State Capitol Washington Street Atlanta, GA 30334
Dear Mr. Rivers,
On Thursday, March 7, 2013, please record a NO vote on HB 512.
Yours for Greater Georgia,
/s/ Quincy Murphy Wm Quincy Murphy Georgia State Representative District 127
HB 434. By Representatives Weldon of the 3rd, Willard of the 51st and Jacobs of the 80th:
A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due and interest on such amount; 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 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due and interest on such amount; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, is amended by revising Code Section 4414-361, relating to creation of liens and property to which lien attaches, as follows:

THURSDAY, MARCH 7, 2013

2369

"44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:
(1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; (2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; (3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate; (4) All registered foresters performing or furnishing services on or with respect to any real estate; (5) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; (6) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories; (7) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; (8) All contractors to build railroads; and (9) All suppliers furnishing rental tools, appliances, machinery, or equipment for the improvement of real estate. (b) Each special lien specified in subsection (a) of this Code section may attach to the real estate of the owner for which the labor, services, or materials are furnished if they are furnished at the instance of the owner, contractor, or some other person acting for the owner or contractor and shall include the value of work done and materials furnished in any easement or public right of way adjoining said real estate if the work done or materials furnished in the easement or public right of way is for the benefit of said real estate and is within the scope of the owner's contract for improvements to said real estate. (c) Each special lien specified in subsection (a) of this Code section shall include: (1) The amount due and owing the lien claimant under the terms of its contract, subcontract, or purchase order; or (2) In the absence of a contract, subcontract, or purchase order, the unpaid value of the labor, materials, and services provided by the lien claimant for the improvement of the real estate. (d) Each special lien specified in subsection (a) of this Code section shall include interest on the principal amount due in accordance with Code Section 7-4-2 or 7-4-16."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

2370

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock
Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye
Fullerton Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson Y Jacobs
Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin
Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

House of Representatives Coverdell Legislative Office Building, Room 408
Atlanta, Georgia 30334

THURSDAY, MARCH 7, 2013

2371

March 7, 2013

The Honorable Robbie Rivers Clerk of the House of Representatives 307 State Capitol Atlanta, Georgia 30334

Dear Mr. Rivers:

During the vote on House Bill 434, my machine malfunctioned; I intended to cast a "yea" vote for the bill.

Sincerely,

/s/ Carolyn Hugley Carolyn F. Hugley

HB 486. By Representatives Roberts of the 155th, Nimmer of the 178th, Burns of the 159th, Watson of the 172nd, Shaw of the 176th 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

2372

JOURNAL OF THE HOUSE

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye
Fullerton Gardner Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 167, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the Senate:

SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd and others:

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 personal service of a summons on a corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd:

THURSDAY, MARCH 7, 2013

2373

A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes
Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

2374

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 169, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 511. By Representatives Dempsey of the 13th, Watson of the 166th, Cooper of the 43rd, Sims of the 123rd, Clark of the 101st and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for a pilot program to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions; to provide for eligibility; to provide for requirements; to provide for a review panel; to provide for an evaluation report on the pilot program; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for a pilot program to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions; to provide for eligibility; to provide for requirements; to provide for a review panel; to provide for an evaluation report on the pilot program; to provide for automatic repeal; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by adding a new Code section to read as follows:
"45-18-10.1. (a) Beginning six months after the effective date of this Code section, the department shall conduct a two-year pilot program to provide coverage for the treatment and management of obesity and related conditions under the health insurance plan for state employees established under this article. The pilot program will provide benefits for medically necessary bariatric procedures for participants selected for inclusion in the pilot program.

THURSDAY, MARCH 7, 2013

2375

(b) Participation in the pilot program shall be limited to no more than 75 individuals per year, to be selected in a manner determined by the department. Any person who has elected coverage under the state employees' health insurance plan established pursuant to this article shall be eligible to be selected to participate in the pilot program in accordance with criteria established by the department which shall include, but not be limited to:
(1) Participation in the state employees' health insurance plan's wellness program for at least 12 months; (2) Completion of a health risk assessment through the state employees' health insurance plan's wellness program; (3) A body mass index of:
(A) Greater than 40; or (B) Greater than 35 with one or more co-morbidities such as diabetes, hypertension, gastro-esophageal reflux disease, sleep apnea, or asthma; (4) Consent to provide personal and medical information to the state employees' health insurance plan; (5) Non-tobacco user; (6) No other primary group health coverage or primary coverage with Medicare; and (7) Must have been covered under the state employees' health insurance plan for two years immediately prior to the pilot program and must express an intent to continue coverage under the state employees' health insurance plan for two years following the approved surgical procedure date. (c) Eligible individuals must apply to participate in the pilot program. The individual and his or her physician shall complete and submit an obesity treatment program application to the department no later than February 1 for each year of the pilot program. The health insurance carrier shall review the criteria contained in subsection (b) of this Code section to determine qualified applicants for the pilot program. (d) The selected participants shall be eligible to receive a multi-disciplinary health evaluation at a facility located within the State of Georgia which is designated by the American Society for Metabolic and Bariatric Surgery as a Bariatric Surgery Center of Excellence. The bariatric surgical procedures covered in the pilot program are: (1) Gastric band; (2) Laparoscopic sleeve gastrectomy; and (3) Rouen-Y gastric bypass. The participants shall use the department's contracted health insurance carrier to enroll in a case management program and to receive prior authorization for a surgical procedure provided pursuant to the pilot program. The health insurance carrier shall provide case management and patient follow-up services. Benefits for a bariatric surgical procedure under the pilot program shall be provided only when the surgical procedure is performed at a Center of Excellence within the State of Georgia. (e) All health care services provided pursuant to the pilot program shall be subject to the health insurance carrier's plan of benefits and policy provisions. Complications that

2376

JOURNAL OF THE HOUSE

arise after the discharge date are subject to the health insurance carrier's plan of benefits and policy provisions. (f) Participants must agree to comply with any and all terms and conditions of the pilot program including, but not limited to, participation and reporting requirements. Participation requirements shall include a 12 month postsurgery case management program. Each participant must also agree to comply with any and all requests by the department for postsurgical medical and productivity information, and such agreement shall survive his or her participation in the state employees' health insurance plan. (g) A panel shall review the results and outcomes of the pilot program beginning three months after program initiation and shall conduct subsequent reviews every three months for the remainder of the pilot program. The panel shall be composed of the following members, appointed by the Governor:
(1) A representative of the state health benefit plan; (2) A representative of the state health insurance carrier or carriers providing coverage under the pilot program; and (3) At least two physicians who carry a certification by the American Society for Metabolic and Bariatric Surgery. (h) The department shall provide an annual report by December 15 of each year and a final report by December 15 of the last year of the pilot program to the chairpersons of the House Committee on Health and Human Services, the Senate Health and Human Services Committee, the House Committee on Appropriations, and the Senate Appropriations Committee. The report shall include, at a minimum: (1) Whether patients in the pilot have experienced:
(A) A reduction in body mass index, and if so, the average amount of reduction; or (B) The reduction or elimination of co-morbidities, and if so, which co-morbidities were reduced or eliminated; (2) The total number of individuals who applied to participate in the pilot program; (3) The total number of participants who enrolled in the pilot program; (4) The average cost of each procedure conducted under the pilot program, including gastric band, laparoscopic sleeve gastrectomy, and Rouen-Y gastric bypass; (5) The total cost of each participant's annual health care costs prior to the surgical procedure and for each of the subsequent post-procedure years for the three years following the surgical procedure; and (6) The percentage of employees still employed by the state 12 months following the surgical procedure and 24 months following the surgical procedure, respectively. (i) This Code section shall stand repealed 42 months after the effective date of such Code section."
SECTION 2. This Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an Appropriations Act enacted by the General Assembly. If funds are so appropriated, then this Act shall become effective on the later of the date on which

THURSDAY, MARCH 7, 2013

2377

such Appropriations Act becomes effective or the beginning date of the fiscal year for which such appropriations are made.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan N Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon N Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites Y Watson, B Y Watson, S N Welch N Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 16.

2378

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 603. By Representatives Dempsey of the 13th, Cooper of the 43rd, Watson of the 166th and Jones of the 53rd:

A RESOLUTION directing the Department of Community Health to collect and report certain data relating to bariatric surgical procedures; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A
Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

THURSDAY, MARCH 7, 2013

2379

On the adoption of the Resolution, the ayes were 164, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 517. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Tankersley of the 160th, Williamson of the 115th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores and other licensees for the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores and other licensees shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; 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 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores and other licensees for the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores and other licensees shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; 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 3 of Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising subsection (a) of Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites, as follows:
"(a)(1) No person knowingly and intentionally may sell or offer to sell: (A) Any distilled spirits in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus; (B) Any wine or malt beverages within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is

2380

JOURNAL OF THE HOUSE

applied for if the sale of wine and beer was lawful at such location at any time during the 12 months immediately preceding such application;. Nothing in this subparagraph shall prohibit a licensee for the retail sale of only wine and malt beverages for consumption off the premises from selling wine or malt beverages within 100 yards of any college campus, where so permitted by resolution or ordinance of the county or municipality; or (C) Any distilled spirits, wine, or malt beverages within 100 yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981. (2) As used in this subsection, the term 'school building' or 'educational building' shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools or private schools as defined in subsection (b) of Code Section 20-2-690."

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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell
Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar N Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower
Hill Y Hitchens Y Holcomb Y Holmes Y Holt N Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T E Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites

THURSDAY, MARCH 7, 2013

2381

Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas N Chandler Y Channell N Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fludd E Frazier Y Frye Y Fullerton Y Gardner
Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sheldon Y Sims, B

Y Watson, B Y Watson, S N Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tem assumed the Chair.

HB 197. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Peake of the 141st, Black of the 174th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for taxation of land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for a revision of the requirements for land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes.

2382

JOURNAL OF THE HOUSE

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 subsections (b), (c), (f), (i), (j), and (m) of Code Section 48-5-7.7, relating to the "Georgia Forest Land Protection Act of 2008," as follows:
"(b) As used in this Code section, the term: (1) 'Contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (2) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence and its underlying land located on the property; as used in this subparagraph, the term 'underlying land' means the minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. This provision for excluding the underlying land of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to such a covenant, or is subject to a renewal of a previous conservation use covenant, on or after January 1, 2014; (C) Such property has as its primary use the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land. Such property may, in addition, have one or more of the following secondary uses: (i) The promotion, preservation, or management of wildlife habitat; (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services, such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but is not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program, such as the Sustainable Forestry Initiative, Forest Stewardship

THURSDAY, MARCH 7, 2013

2383

Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the State Forestry Commission. (3) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (4) 'Qualified property' means forest land conservation use property as defined in this subsection. (5) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (2) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant unless otherwise required under subsection (e) of this Code section; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be used for one or more secondary purposes specified in subparagraph (b)(2)(C) of this Code section. The following uses of real property shall not constitute using the property for another type of business:
(A) The lease of hunting rights or the use of the property for hunting purposes; shall not constitute another type of business. (B) The charging of admission for use of the property for fishing purposes; shall not constitute another type of business. (C) The production of pine straw shall not constitute another type of business; and (D) The granting of easements solely for ingress and egress; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county or counties, if applicable, in which such property is located; provided, however, that if no soil map is available for the county or counties, if applicable, in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property." "(f)(1) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 485-7.1 or current use assessment under Code Section 48-5-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and

2384

JOURNAL OF THE HOUSE

shall not constitute a breach thereof. No property may be changed more than once under this subsection paragraph. (2) Any property that is subject to a covenant under this Code section and subsequently fails to adhere to the qualifying purpose, as defined in paragraph (5) of subsection (b) of this Code section, may be changed from the covenant under this Code section and placed under a covenant provided for in Code Section 48-5-7.4 if the property otherwise qualifies under the provisions of that Code section. In such a case, the existing covenant under this Code section shall be terminated, and the change shall not constitute a breach thereof. No property may be changed more than once under this paragraph." "(i)(1) If ownership of all or a part of the a forest land conservation use property constituting at least 200 acres is acquired during a covenant period by another qualified owner qualified to enter into an original forest land conservation use covenant, then the original covenant may be continued only by both such acquiring owner and the transferor for the remainder of the term, in which event, no breach of the covenant shall be deemed to have occurred if the total size of a tract from which the transfer was made is reduced below 200 acres or the size of the tract transferred is less than 200 acres. Following the expiration of the original covenant, no new covenant shall be entered with respect to the either tract from which the transfer was made unless such tract exceeds 200 acres. If a qualified owner has entered into an original forest land conservation use covenant and subsequently acquires additional qualified property contiguous to the property in the original covenant, the qualified owner may elect to enter the subsequently acquired qualified property into the original covenant for the remainder of the 15 year period of the original covenant; provided, however, that such subsequently acquired qualified property shall be less than 200 acres. (2) If, following such transfer, a breach of the covenant occurs by the acquiring owner, the penalty and interest shall apply to the entire transferred tract and shall be paid by the acquiring owner who breached the covenant. In such case, the covenant shall terminate on such entire transferred tract but shall continue on such entire remaining tract from which the transfer was made and on which the breach did not occur for the remainder of the original covenant. (3) If, following such transfer, a breach of the covenant occurs by the transferring owner, the penalty and interest shall apply to the entire remaining tract from which the transfer was made and shall be paid by the transferring owner who breached the covenant. In such case, the covenant shall terminate on such entire remaining tract from which the transfer was made but shall continue on such entire transferred tract and on which the breach did not occur for the remainder of the original covenant. (j)(1) For each taxable year beginning on or after January 1, 2010 2014, all applications for conservation use assessment under this Code section, including any forest land covenant required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in each county in which the property is located for the tax year for which such forest land conservation use assessment is

THURSDAY, MARCH 7, 2013

2385

sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for forest land conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment appeals of the annual notice of assessment except that in the case of property which is the subject of a tax appeal of the annual notice of assessment under Code Section 48-5-311, an application for forest land conservation use assessment may be filed at any time while such appeal is pending. An application for continuation of such forest land conservation use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for forest land conservation use assessment under this Code section shall be filed with the county board of tax assessors in which the property is located who shall approve or deny the application. Such county board of tax assessors shall file a copy of the approved covenant in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such covenant in the real property records maintained in the clerk's office. If the covenant is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such covenants shall be paid by the qualified owner of the eligible property with the application for forest land conservation use assessment under this Code section and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application or covenant by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property, and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311." "(m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) Except as provided in subsection (i) of this Code section and paragraph (4) of this subsection, the penalty shall be applicable to the entire tract which is the subject of the covenant. and:
(A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning with year one be two and one-half times the difference between the total amount of

2386

JOURNAL OF THE HOUSE

tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. The penalty shall be twice the difference between the total amount of the tax paid pursuant to the conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (4) If ownership of a portion of the land subject to the original covenant constituting at least 200 acres is transferred to another owner qualified to enter into an original forest land conservation use covenant in a bona fide arm's length transaction and breach subsequently occurs, then the penalty shall either be assessed against the entire remaining tract from which the transfer was made or the entire transferred tract, on whichever the breach occurred. The calculation of penalties in paragraph (2) (3) of this subsection shall be used except that the penalty amount resulting from such calculation shall be multiplied by the percentage which represents the acreage of such tract on which the breach occurs to the original covenant acreage. The resulting amount shall be the penalty amount owed by the owner of such tract of land on which the breach occurred."
SECTION 2. Said chapter is further amended by revising Code Section 48-5-295.1, relating to the performance review board, as follows:
"48-5-295.1. (a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be assessors or chief appraisers, provided that neither chief appraiser shall be who are not members of the board or a chief appraiser for the county under review. (b) It shall be the duty of a performance review board to make a thorough and complete investigation of the county board of tax assessors with respect to all actions of the county board of tax assessors and appraisal staff regarding the technical competency of appraisal techniques and compliance with state law and regulations, including the

THURSDAY, MARCH 7, 2013

2387

Property Tax Appraisal Manual. The performance review board shall issue a written report of its findings to the commissioner and the county governing authority which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials. (c) The findings of the report of the review board under subsection (b) of this Code section or of any audit performed by the Department of Revenue at the request of the Governor may be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295. (d) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section."
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"48-5-295.2. (a) The commissioner shall appoint an independent performance review board if he or she determines, through the examination of the digest for any county in a digest review year pursuant to Code Section 48-5-342, that there is evidence which calls into question the technical competence of appraisal techniques and compliance with state law and regulations, including the Property Tax Appraisal Manual, with respect to the conservation use value of forest land. (b) The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be chief appraisers, provided that neither chief appraiser shall be a chief appraiser for the county under review. (c) The performance review board shall issue a written report of its findings to the commissioner and the county governing authority which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials. (d) The findings of the report of the review board under subsection (c) of this Code section or of any audit performed by the Department of Revenue or the Department of Audits shall be grounds for the state to withhold local assistance grants pursuant to Code Section 48-5A-3. If the findings in the report of the performance review board indicate that the provisions of paragraph (6) of Code Section 48-5-2 have been knowingly violated by a local government in order to receive a larger local assistance grant than allowed by law, then the most recent local assistance grant requested by the local government shall be withheld by the Department of Revenue. For a second or subsequent offense, the next two requests for local assistance grants shall be withheld by the Department of Revenue.

2388

JOURNAL OF THE HOUSE

(e) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section."
SECTION 4. Said chapter is further amended by revising division (e)(6)(D)(iii) of Code Section 48-5311, relating to county boards of equalization and review of assessments, as follows:
"(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 year's valuation as set by the county board of tax assessors. lesser of the valuation in the year preceding the year in which the appeal was filed or 85 percent of the current year's value, 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 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. (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 $5,000.00. (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 In no event shall the amount of such interest exceed $150.00 $5,000.00."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 7, 2013

2389

The report of the Committee, which was favorable to the passage of the Bill, 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 Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye
Fullerton Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley N Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 5.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 211. By Representatives Benton of the 31st, Coleman of the 97th, Dickson of the 6th and Frye of the 118th:

2390

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of motor fuel excise tax, so as to exempt public school systems from motor fuel excise taxes 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 Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of motor fuel excise tax, so as to exempt public school systems from motor fuel excise taxes under certain circumstances for a limited period of time; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of motor fuel excise tax, is amended in subsection (b) by striking "or" at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting in lieu thereof "; or", and by adding a new paragraph to read as follows:
"(11) For the period of time beginning July 1, 2013, and ending June 30, 2015, sales of motor fuel to public school systems in this state for the exclusive use of the school system in operating school buses when the motor fuel is purchased and paid for by the school system."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson

Y Hamilton Harbin
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M

THURSDAY, MARCH 7, 2013

2391

Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the Senate:

SB 241. By Senators Hill of the 6th, Harbison of the 15th, Dugan of the 30th and Hill of the 32nd:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to provide for leadership and service recognition of students applying to institutions of the university system; to provide for

2392

JOURNAL OF THE HOUSE

recommendations for admissions to the university system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 399. By Representatives Knight of the 130th, Hamilton of the 24th, Stephens of the 165th, Kaiser of the 59th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Titles 6 and 48 of the Official Code of Georgia Annotated, relating to aviation and revenue and taxation, respectively, so as to clarify which type of interests in real property may be subject to ad valorem taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to clarify which type of interests in real property may be subject to ad valorem taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, is amended by revising Code Section 6-321, relating to lands acquired, owned, leased, controlled, or occupied by local governments deemed for public purposes, as follows:
"6-3-21. Any lands acquired, owned, leased, controlled, or occupied by counties, municipalities, or other political subdivisions for the purpose or purposes enumerated in Code Section 6-3-20 shall be and are declared to be acquired, owned, leased, controlled, or occupied for public, governmental, and municipal purposes; provided, however, that with respect to facilities located on such lands, which lands are located outside of the territorial limits of the political subdivision that leases such lands and which are leased to, controlled, or occupied by private parties, the interests created in such private parties, for the purpose of ad valorem taxation only, are declared not to be used for public, governmental, or municipal purposes and said resulting interests, regardless of the

THURSDAY, MARCH 7, 2013

2393

extent of such interest, whether possessory or an estate in land so long as the interests create an estate in land, are subject to ad valorem taxation; provided, further, that the underlying fee interest in such property which remains vested in the county, municipality, or other political subdivision shall be deemed to be used for public, governmental, and municipal purposes. The municipality's interest in lands and the facilities located thereon located inside the territorial limits of a municipality which are owned by that municipality for the purposes enumerated in Code Section 6-3-20, are declared to be used for public, governmental, or municipal purposes and are not subject to ad valorem taxation."

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 Jordan of the 77th moved that HB 399 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett N Bentley N Benton Y Beverly N Black N Braddock N Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Carson N Carter N Casas N Chandler

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson N Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart N England Y Epps, C N Epps, J N Evans N Fleming Y Floyd Y Fludd E Frazier Y Frye
Fullerton Y Gardner N Gasaway

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan
Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight

N McCall N Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Pezold N Powell, A N Powell, J N Pruett N Quick N Ramsey E Randall N Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge

N Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer
Stephens, M N Stephens, R Y Stephenson Y Stovall N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson

2394

JOURNAL OF THE HOUSE

N Channell N Chapman N Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Geisinger Y Glanton E Golick Y Gordon N Gravley N Greene N Gregory

N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N Rynders Y Scott N Setzler Y Sharper N Shaw N Sheldon N Sims, B

N Willard Y Williams, A N Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 53, nays 116.

The motion 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 Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly
Black Y Braddock Y Broadrick
Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner N Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans Y Fleming N Floyd N Fludd E Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb
Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse
Jones, J N Jones, L N Jones, S N Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer
Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. E Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C

THURSDAY, MARCH 7, 2013

2395

Y Clark, J Y Clark, V Y Coleman Y Cooke

N Gordon Y Gravley Y Greene Y Gregory

N Marin Y Martin Y Maxwell N Mayo

N Sharper Y Shaw Y Sheldon Y Sims, B

N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 111, nays 56.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 536. By Representatives Sims of the 169th and Carson of the 46th:

A BILL to be entitled an Act to amend Code Section 36-15-11 of the Official Code of Georgia Annotated, relating to receipt and disbursement of funds for county law libraries by counties having population of 950,000 or more, so as to repeal and reserve such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye
Fullerton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon

2396

JOURNAL OF THE HOUSE

Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 537. By Representatives Sims of the 169th and Carson of the 46th:

A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of local board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other elective offices, so as to repeal a population provision prohibiting certain members of county boards of education from holding other offices; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner

THURSDAY, MARCH 7, 2013

2397

Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fleming Floyd
Y Fludd E Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 168, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 538. By Representatives Sims of the 169th and Carson of the 46th:

A BILL to be entitled an Act to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of health, so as to repeal a provision based upon population relative to the superintendent of the largest municipal school system in certain counties serving on the county board of health ex officio; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre
Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

2398

JOURNAL OF THE HOUSE

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 169, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 539. By Representatives Sims of the 169th and Carson of the 46th:

A BILL to be entitled an Act to amend Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions relative to campus police officers, so as to repeal a portion of a definition based upon population classification; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Roberts of the 155th moved that HB 539 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Abrams N Alexander Y Allison N Anderson N Atwood N Ballinger N Barr Y Battles
Beasley-Teague N Bell N Bennett N Bentley Y Benton Y Beverly

N Coomer Cooper
N Dawkins-Haigler N Deffenbaugh Y Dempsey N Dickerson N Dickey N Dickson Y Dollar N Douglas N Drenner N Dudgeon N Dukes N Dunahoo

N Hamilton N Harbin N Harden N Harrell Y Hatchett N Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal N Pak Y Parrish

N Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M N Stephens, R N Stephenson N Stovall Y Strickland N Talton N Tankersley

THURSDAY, MARCH 7, 2013

2399

Y Black Braddock
N Broadrick Y Brockway N Brooks
Bruce Y Bryant N Buckner Y Burns N Caldwell, J Y Caldwell, M N Carson Y Carter
Casas Chandler N Channell Chapman N Cheokas N Clark, J N Clark, V Coleman Y Cooke

N Duncan Y Dutton
Ehrhart Y England N Epps, C Y Epps, J N Evans N Fleming Y Floyd N Fludd E Frazier N Frye N Fullerton Y Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon N Gravley Y Greene Y Gregory

N Howard N Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J N Jones, L N Jones, S Y Jordan
Kaiser Y Kelley N Kendrick N Kidd Y Kirby Y Knight N Lindsey Y Lumsden N Mabra N Marin Y Martin N Maxwell N Mayo

N Parsons N Peake Y Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey E Randall N Rice Y Riley Y Roberts N Rogers, C N Rogers, T N Rutledge Y Rynders N Scott N Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, B N Turner
VACANT N Waites N Watson, B Y Watson, S Y Welch N Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
Williams, E Y Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 72, nays 89.

The motion was lost.

Representative Weldon of the 3rd moved the previous question.

The previous question was ordered.

The following amendment was read:

Representative Sims of the 169th et al. offer the following amendment:

Amend HB 539 (LC 35 2984) by replacing lines 9 through 17 with the following: "(1) 'Campus' means the grounds and buildings owned or occupied by a college or university or the grounds and buildings of a school or training facility operated by or under the authority of the State Board of Education. The term 'campus' shall also include any public or private property within 500 yards of the property of an educational facility and one-quarter mile of any public street or public sidewalk connecting different buildings of the same educational facility when the property or buildings of the educational facility are located within any county in this state having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

2400

JOURNAL OF THE HOUSE

Y Abrams Y Alexander N Allison Y Anderson Y Atwood N Ballinger Y Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley N Benton Y Beverly N Black N Braddock Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns Y Caldwell, J N Caldwell, M Y Carson N Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman N Cooke

N Coomer Cooper
Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton
Ehrhart N England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner N Gasaway Y Geisinger Y Glanton E Golick Y Gordon N Gravley N Greene N Gregory

N Hamilton Y Harbin Y Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower Y Hill N Hitchens Y Holcomb N Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse
Jones, J Y Jones, L Y Jones, S N Jordan
Kaiser N Kelley Y Kendrick Y Kidd Y Kirby N Knight Y Lindsey N Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo

N McCall Meadows
Y Mitchell Morgan
N Morris Y Mosby Y Murphy Y Neal N Nimmer N Nix Y Oliver N O'Neal Y Pak N Parrish Y Parsons Y Peake N Pezold N Powell, A N Powell, J N Pruett Y Quick N Ramsey E Randall Y Rice Y Riley N Roberts Y Rogers, C N Rogers, T Y Rutledge N Rynders Y Scott Y Setzler Y Sharper N Shaw N Sheldon N Sims, B

Y Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M N Stephens, R Y Stephenson Y Stovall N Strickland N Talton Y Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson Y Wilkinson Y Willard N Williams, A N Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the adoption of the amendment, the ayes were 92, nays 76.

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger

N Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson

N Hamilton Y Harbin Y Harden N Harrell N Hatchett Y Hawkins

N McCall Meadows
Y Mitchell Y Morgan N Morris Y Mosby

Y Sims, C Y Smith, E N Smith, L Y Smith, M Y Smith, R Y Smyre

THURSDAY, MARCH 7, 2013

2401

Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley N Benton Y Beverly N Black N Braddock Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman N Cooke

N Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes
Dunahoo N Duncan N Dutton
Ehrhart N England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley N Greene N Gregory

Y Henson N Hightower Y Hill Y Hitchens Y Holcomb N Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs N Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan
Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo

Y Murphy Y Neal N Nimmer N Nix Y Oliver Y O'Neal Y Pak N Parrish Y Parsons Y Peake N Pezold N Powell, A N Powell, J N Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley N Roberts Y Rogers, C Y Rogers, T Y Rutledge N Rynders Y Scott Y Setzler Y Sharper N Shaw Y Sheldon Y Sims, B

N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Strickland Y Talton Y Tankersley Y Tanner N Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites Y Watson, B N Watson, S N Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, as amended, the ayes were 121, nays 47.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

HB 540. By Representatives Sims of the 169th and Carson of the 46th:

A BILL to be entitled an Act to repeal an Act to provide in all counties of 500,000 or more population according to the United States Census of 1960 or any future United States Census that the pension board of the board of education in such counties shall recompute the pension paid to those teachers and employees who had retired as a matter of right prior to April 1, 1955, and who had been awarded a basic pension for 20 years of service, approved March 21, 1963 (Ga. L. 1963, p. 2469); to repeal conflicting laws; and for other purposes.

2402

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner N Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin
Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

N McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley N Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 165, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

HB 203. By Representatives Hamilton of the 24th and Jasperse of the 11th:

A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to protection of American Indian Human Remains and Burial Objects, so as to remove

THURSDAY, MARCH 7, 2013

2403

certain information associated with recognized legitimate American Indian Tribes of Georgia; 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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo

N McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley N Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S
Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 160, nays 7.

The Bill, having received the requisite constitutional majority, was passed.

2404

JOURNAL OF THE HOUSE

HB 407. By Representatives Powell of the 32nd, Hitchens of the 161st, Atwood of the 179th, Rice of the 95th and Taylor of the 173rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; 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 3 of Chapter 5 of Title 40 and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses and ignition interlock devices as a condition of probation, respectively, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; 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 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, is amended by revising paragraph (2) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions to return the driver's license, as follows:
"(2) Upon the second 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, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the department for reinstatement of said such driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail

THURSDAY, MARCH 7, 2013

2405

unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-554, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction 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 Alcohol or Drug Use Risk Reduction Program, provides proof of installation and maintenance of an ignition interlock device for a period of six months one year coinciding with the issuance of an ignition interlock device limited driving permit as provided in Code Section 40-5-64 unless waived due to financial hardship, and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere 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 plea of nolo contendere is accepted, shall be considered and counted as convictions; or"
SECTION 2. Said article is further amended by revising paragraph (2) of subsection (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, as follows:
"(2) An ignition interlock device limited driving permit shall be valid for a period of eight months one year. Upon successful completion of eight months one year 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 two months as provided in paragraph (1) of this subsection."
SECTION 3. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, is amended by revising subsection (a) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, notice to the Department of Public Safety, and fees for driver's license indicating device required, as follows:
"(a) 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 issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license, subject to the following conditions:

2406

JOURNAL OF THE HOUSE

(1) Such person shall have installed and shall maintain in each motor vehicle registered in such person's name for a period of not less than eight months one year a functioning, certified ignition interlock device; (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person for a period of not less than eight months one year a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. Upon successful completion of eight months one year 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 two 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."
SECTION 4. Said article is further amended by revising subsection (b) and paragraphs (1) and (3) of subsection (d) of Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary license and reporting requirement, as follows:
"(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. (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:
(A) That the person to whom such probationary 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

THURSDAY, MARCH 7, 2013

2407

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) 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 one year. (B) Upon the expiration of such eight-month one-year 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." "(d)(1) If a person required to report to an ignition interlock provider as required by subsection (c) of this Code section fails to report to the provider as required or receives an unsatisfactory report from the provider at any time during the six-month one-year period, the Department of Driver Services shall revoke such person's ignition interlock device limited driving permit immediately upon notification from the provider of the failure to report or failure to receive a satisfactory report. Except as provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Driver Services shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded." "(3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below in this paragraph, the Department of Driver Services shall issue a new ignition interlock device limited driving permit that shall be valid for a period of six months one year to such person. Such reasons shall be for providential cause and shall include, but not be limited to, the following: (A) Medical necessity, as evidenced by a written statement from a medical doctor; (B) The person was incarcerated; (C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or

2408

JOURNAL OF THE HOUSE

(D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure."

SECTION 5. This Act shall become effective on July 1, 2013, and shall apply to offenses committed on or after such date.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey E Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

THURSDAY, MARCH 7, 2013

2409

On the passage of the Bill, by substitute, the ayes were 169, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 184. By Representatives Casas of the 107th, Golick of the 40th, Allison of the 8th, Ehrhart of the 36th and Brockway of the 102nd:
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 fees based on enrollment of students; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 20-3-250.8 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 fees based on enrollment of students; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 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," is amended by revising subsection (a) as follows:
"(a)(1) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog such a catalogue or other written description published, or proposed to be published, by the nonpublic postsecondary educational institution, containing the information specified in subparagraph (a)(1)(D) of Code Section 20-3250.6, including information required by rules and regulations of the commission.

2410

JOURNAL OF THE HOUSE

Such application shall also be accompanied by evidence of a surety bond if required by Code Section 20-3-250.10 and subsection (c) of Code Section 20-3-250.27 and shall be accompanied by payment of the fees specified in Code Section 20-3-250.11; provided, however, that when making application to the commission for authorization to operate, those nonpublic postsecondary educational institutions exempt from certain provisions of this part pursuant to the provisions of paragraph (10) of subsection (a) of Code Section 20-3-250.3 or subsection (c) of Code Section 20-3250.3 shall be required to submit only those documents pertaining to provisions of this part from which such nonpublic postsecondary educational institutions are not exempt.
(2)(A) Notwithstanding paragraph (1) of this subsection, a nonprofit nonpublic postsecondary educational institution that meets the following criteria may apply for an authorization to operate by means of accreditation from the commission:
(i) Such institution has operated legally in this state for at least five consecutive years; (ii) Such institution holds institutional accreditation by an accrediting agency that is recognized by either the Council for Higher Education Accreditation or the United States Department of Education; and (iii) Such institution has no formal complaints or actions against it by the commission in the past 12 months which have been unresolved for more than 45 days. (B) The commission may not require an institution granted an authorization to operate by means of accreditation pursuant to this paragraph to submit information or reports that differ from the information or reports required by its accrediting association; provided, however, that each such institution shall file with the commission an application for renewal which shall be accompanied by payment of fees as provided herein and shall follow all other applicable requirements of this part. Such fees shall be collected by the executive director and established by the commission and shall be based on the number of students enrolled in such institution, but in no event shall such fees exceed the cost of tuition of one credit hour per student enrolled. All fees collected pursuant to this paragraph shall be deposited in the state treasury to the credit of the general fund, and no fees collected pursuant to this paragraph shall be subject to refund. (C) An institution granted an authorization to operate by means of accreditation pursuant to this paragraph shall be required to apply for and obtain a regular authorization to operate for any new or existing program which exceeds the level or scope of such institution's accreditation. (3)(A) Notwithstanding paragraph (1) of this subsection, a for profit nonpublic postsecondary educational institution that meets the following criteria may apply for an authorization to operate by means of accreditation from the commission: (i) Such institution has operated legally in this state for at least ten consecutive years;

THURSDAY, MARCH 7, 2013

2411

(ii) Such institution holds institutional accreditation by an accrediting agency that is recognized by either the Council for Higher Education Accreditation or the United States Department of Education; and (iii) Such institution has no formal complaints or actions against it by the commission in the past 12 months which have been unresolved for more than 45 days. (B) The commission may not require an institution granted an authorization to operate by means of accreditation pursuant to this paragraph to submit information or reports that differ from the information or reports required by its accrediting association; provided, however, that each such institution shall file with the commission an application for renewal which shall be accompanied by payment of fees as provided herein and shall follow all other applicable requirements of this part. Such fees shall be collected by the executive director and established by the commission and shall be based on the number of students enrolled in such institution, but in no event shall such fees exceed the cost of tuition of one credit hour per student enrolled. All fees collected pursuant to this paragraph shall be deposited in the state treasury to the credit of the general fund, and no fees collected pursuant to this paragraph shall be subject to refund. (C) An institution granted an authorization to operate by means of accreditation pursuant to this paragraph shall be required to apply for and obtain a regular authorization to operate for any new or existing program which exceeds the level or scope of such institution's accreditation."

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 107th et al. offer the following amendment:

Amend the substitute to HB 184 (LC 33 5078S) on lines 46 and 70 by substituting "$2.00" for "the cost of tuition of one credit hour".

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 Abrams Y Alexander Y Allison

Y Coomer Y Cooper Y Dawkins-Haigler

Y Hamilton Y Harbin Y Harden

Y McCall Y Meadows Y Mitchell

Sims, C Y Smith, E Y Smith, L

2412

JOURNAL OF THE HOUSE

Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett
Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton E Golick
Gordon Y Gravley Y Greene Y Gregory

Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

THURSDAY, MARCH 7, 2013

2413

SB 225. By Senators Stone of the 23rd and Shafer of the 48th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 231. By Senators Loudermilk of the 14th, Albers of the 56th, Ligon, Jr. of the 3rd, Hill of the 4th and Bethel of the 54th:
A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, so as to extend the sunset provisions for the additional sums collected on fines for the purpose of funding the commission and driver education and training in Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 6:50 o'clock, this evening.
The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 236. By Senators Jones of the 25th, Murphy of the 27th, Harper of the 7th, Tippins of the 37th, Ginn of the 47th 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 require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any, attributable to the Patient Protection and Affordable Care Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

2414

JOURNAL OF THE HOUSE

SR 293. By Senator Gooch of the 51st:
A RESOLUTION honoring the life of Mr. Ralph A. Pierce and dedicating a road in his memory; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 692. By Representatives Hill of the 22nd, Cheokas of the 138th, Yates of the 73rd and Sims of the 169th:
A RESOLUTION recognizing March 13, 2013, as Civil Air Patrol Day at the capitol, commending the volunteers of the Civil Air Patrol for their service to the citizens of Georgia, and inviting them to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 693. By Representative Douglas of the 78th:
A RESOLUTION recognizing and commending Mindless Behavior; and for other purposes.
HR 694. By Representatives Alexander of the 66th and Morgan of the 39th:
A RESOLUTION recognizing and commending Syndicutz Barbershop; and for other purposes.
HR 695. By Representatives Parrish of the 158th, Channell of the 120th, Smyre of the 135th, Ralston of the 7th and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Joseph A. Parker upon his retirement; and for other purposes.
HR 696. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION recognizing and commending New Beginning Full Gospel Baptist Church for its program on the Freedom Rides; and for other purposes.
HR 697. By Representatives Harbin of the 122nd, Fleming of the 121st and Sims of the 123rd:

THURSDAY, MARCH 7, 2013

2415

A RESOLUTION recognizing and commending Thomas Alexander Crow; and for other purposes.
HR 698. By Representative Allison of the 8th:
A RESOLUTION commending Ansley Vardeman for her significant achievements; and for other purposes.
HR 699. By Representative Shaw of the 176th:
A RESOLUTION recognizing and commending Mrs. Tara Terrell on her outstanding accomplishments; and for other purposes.
HR 700. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION recognizing the Institute for Georgia Environmental Leadership (IGEL); and for other purposes.
HR 701. By Representatives Alexander of the 66th and Gravley of the 67th:
A RESOLUTION recognizing and commending Mark Stephen Haney, Jr.; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 150. By Representatives Bruce of the 61st, Pruett of the 149th, Roberts of the 155th, Burns of the 159th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10, Chapter 1 of Title 35, Article 4 of Chapter 18 of Title 50, and Title 51 of the O.C.G.A., relating to selling and other trade practices, general provisions for law enforcement officers and agencies, inspection of public records, and torts, respectively, so as to enact provisions relating to the reproduction of arrest booking photographs; to require law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to prohibit the use of an individual's persona for commercial purposes without authorization; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:

2416

JOURNAL OF THE HOUSE

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, so as to change provisions relating to prohibited telemarketing and Internet activities; to provide for definitions; to prohibit certain persons from collecting a fee for removing certain individuals' arresting booking photographs from a website; to change provisions relating to acts exempt from the part; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act, is amended in Code Section 10-1-393.5, relating to prohibited telemarketing, Internet activities, or home repair, by adding a new subsection to read as follows:
"(b.1)(1) As used in this subsection, the term: (A) 'Photograph' means a photograph of a subject individual that was taken in this state by an arresting law enforcement agency. (B) 'Subject individual' means an individual who was arrested and had his or her photograph taken and: (i) Access to his or her case or charges was restricted pursuant to Code Section 35-3-37; (ii) Prior to indictment, accusation, or other charging instrument, his or her case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and the offense against such individual was closed by the arresting law enforcement agency; (iii) Prior to indictment, accusation, or other charging instrument, the statute of limitations expired; (iv) Prior to indictment, accusation, or other charging instrument, his or her case was referred to the prosecuting attorney but was later dismissed; (v) Prior to indictment, accusation, or other charging instrument, the grand jury returned two no bills; (vi) After indictment or accusation, all charges were dismissed or nolle prossed; (vii) After indictment or accusation, 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; or (viii) The individual was acquitted of all of the charges by a judge or jury.

THURSDAY, MARCH 7, 2013

2417

(2) Any person who is engaged in any activity involving or using a computer or computer network who publishes on such person's website a subject individual's arrest booking photograph for purposes of commerce shall be deemed to be transacting business in this state. Within 30 days of the sending of a written request by a subject individual, including his or her name, date of birth, date of arrest, and the name of the arresting law enforcement agency, such person shall, without fee or compensation, remove from such person's website the subject individual's arrest booking photograph. Such written request shall be transmitted via certified mail, return receipt requested, or statutory overnight delivery, to the registered agent, principal place of business, or primary residence of the person who published the website. Without otherwise limiting the definition of unfair and deceptive acts or practices under this part, a failure to comply with this paragraph shall be unlawful."

SECTION 2. Said part is further amended by revising paragraph (2) of Code Section 10-1-396, relating to acts exempt from part, as follows:
"(2) Acts done by the publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station, or website in the publication or dissemination of:
(A) News or commentary; or (B) An an advertisement of or for another person, when the publisher, owner, agent, or employee did not have knowledge of the false, misleading, or deceptive character of the advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the advertised product or service."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre

2418

JOURNAL OF THE HOUSE

Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice N Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D N Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 494. By Representatives Welch of the 110th, Cheokas of the 138th and Pruett of the 149th:

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 provide for the installation of safety markers on utility lines to provide for adequate visual warning in the use of private airstrips; to provide for definitions; to provide for the powers, authority, and duties of the Department of Transportation; to provide for a schedule of installation fees; to impose a penalty; to provide an appeal process; to provide for the promulgation of rules and regulations by the department; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

THURSDAY, MARCH 7, 2013

2419

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 provide for the installation of safety markers on utility lines to provide for adequate visual warning in the use of private airstrips; to provide for definitions; to provide for the powers, authority, and duties of the Department of Transportation; to provide for a schedule of installation fees; to impose a penalty; to provide an appeal process; to provide for the promulgation of rules and regulations by the department; 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 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by adding a new Code section to read as follows:
"32-9-8.1. (a) As used in this Code section, the term:
(1) 'Appurtenant utility line' means an above ground electrical power line or nonelectrical cable or wire that penetrates a 20:1 approach slope as measured from the runway threshold at either end of the private airstrip. (2) 'Installation fee schedule' means a listing of fees necessary to purchase and install safety markers as determined by the department. (3) 'Private airstrip' means a privately owned landing strip for airplanes, gliders, or helicopters for personal or private use that is not open to the general public and not subject to the provisions of Code Section 32-9-8. (4) 'Safety marker' means a highly visible object or device affixed to an appurtenant utility line which alerts operators of aircraft to the existence of the appurtenant utility line. (b) Any owner of a private airstrip may make a written notice, either by certified mail or statutory overnight delivery, return receipt requesed, to an owner of an appurtenant utility line requesting the installation of safety markers. Within 90 days of the owner of an appurtenant utility line's receipt of such written notice, the owner of the appurtenant utility line shall: (1) Determine the appropriate type, number, and location of safety markers to be installed on the appurtenant utility line which will provide adequate visual warning to the flying public of the close proximity of the appurtenant utility lines to the private airstrip; (2) Determine the installation fee costs for the installation of such safety markers based on the installation fee schedule developed by the department; and (3) Provide notice to the owner of the private airstrip as to the type, number, location, and installation fee of the requisite safety markers.

2420

JOURNAL OF THE HOUSE

The owner of the appurtenant utility line shall file a request for review pursuant to subsection (e) of this Code section if such owner is unable to comply or anticipates being unable to comply with this subsection for any reason, including but not limited to the time provided for responding to the owner of the private airstrip, the time provided for installation, or the fees set in the installation fee schedule. (c) The owner of the private airstrip shall have 90 days from the receipt of notice under paragraph (3) of subsection (b) of this Code section to:
(1) Remit to the owner of the appurtenant utility line the full amount of the installation fee; (2) File a request for review pursuant to subsection (e) of this Code section; or (3) Provide written notice to the owner of the appurtenant utility line of his or her decision not to pursue the installation of the safety markers. If the owner of the private airstrip provides such written notice or does not take any action under paragraph (1) or (2) of this subsection, the owner of the appurtenant utility line shall have no further obligation under this Code section; provided, however, that this paragraph shall not be construed to prohibit the owner of the private airstrip from sending written notice to the same owner of an appurtenant utility line in any subsequent calendar year. (d) If the owner of the private airstrip pays the full amount of the installation fee under paragraph (1) of subsection (c) of this Code section, the owner of the appurtenant utility line shall have 90 days from receipt of payment to purchase the safety markers and complete the installation. The owner of the appurtenant utility line shall file a request for review pursuant to subsection (e) of this Code section and may be granted up to two extensions of time not to exceed 90 days upon a showing that the need for an extension is the result of force majeure or the lack of market supply of the requisite safety markers. (e) If any owner of an appurtenant utility line fails to comply with any provision of this Code section or any owner of an appurtenant utility line anticipates an inability to comply with any provision of this Code section, then an order enforcing this Code section or granting an exception may be sought from the department. Either party may file with the department a written request for review of the matter. Any such request for review shall be accompanied by a filing fee of $50.00 and shall include any documents or forms required by the department. A copy of such request for review shall be served upon the other party by certified mail or statutory overnight delivery, return receipt requested. The department shall within 30 days after the filing of such request investigate the matter and issue an order either requiring the owner of the appurtenant utility line to take such action as is necessary for purposes of compliance with this Code section or grant an exception to the owner of the appurtenant utility line as to time for compliance or a deviation from the installation fee schedule of the department. Copies of any such order of the department shall be served upon all parties by certified mail or statutory overnight delivery, return receipt requested. The department shall keep detailed records of its costs of investigation and review for

THURSDAY, MARCH 7, 2013

2421

purposes of this subsection, and such records shall be subject to public inspection as provided by Article 4 of Chapter 18 of Title 50. (f) If any owner of an appurtenant utility line fails to comply with any order of the department under subsection (e) of this Code section within 15 days after receipt of such order, then after notice and opportunity for a hearing, such owner of an appurtenant utility line shall be subject to a civil penalty in the amount of $1,000.00 per day beginning 15 days after the date of receipt of the order of the department until the owner of the appurtenant utility line has complied with the order of the department; provided, however, that the department may grant an extension of time for compliance without penalty upon a showing that the owner of the appurtenant utility line's failure to timely comply was due to force majeure. Any fine under this subsection shall be tolled for the period from the filing of a petition for a judicial review and shall be subject to judicial review in such manner as is provided by law for judicial review of contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' until the rendering of a final decision. (g) The department shall promulgate such rules and regulations as are necessary to implement the provisions of this Code section, including, but not limited to, the promulgation of rules and regulations to establish the installation fee schedule."

SECTION 2. For purposes of proposing rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on October 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett
Bentley Y Benton

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton

2422

JOURNAL OF THE HOUSE

Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 7, 2013

2423

SB 172. By Senators Jones of the 10th, Thompson of the 33rd, Carter of the 42nd, Chance of the 16th, Jackson of the 2nd and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and University System of Georgia, so as to provide for a civil rights museum as a division of the Georgia Capitol Museum; to repeal conflicting laws; and for other purposes.
SB 242. By Senators Hill of the 6th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to powers of downtown development authorities generally, so as to provide that downtown development authorities may undertake projects regarding reducing energy or water consumption on property or installing an improvement to property that produces energy from renewable resources within the territorial boundaries of the municipality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 499. By Representatives Sheldon of the 104th, Lindsey of the 54th, Welch of the 110th, Williamson of the 115th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide that payor guidelines and criteria under federal law shall not establish a legal basis for negligence or a standard of care for medical malpractice; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide that payor guidelines and criteria under federal law shall not establish a legal basis for negligence or a standard of care for medical malpractice or product liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

2424

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, is amended by adding a new Code section to read as follows:
"51-1-52. (a) As used in this Code section, the term:
(1) 'Criteria' means criteria relating to administrative procedures and shall not include criteria relating to medical treatment, quality of care, or best practices. (2) 'Guideline' means a guideline relating to administrative procedures and shall not include guidelines relating to medical treatment, quality of care, or best practices. (3) 'Payor' means any insurer, health maintenance organization, self-insurance plan, or other person or entity which provides, offers to provide, or administers hospital, outpatient, medical, or other health care benefits to persons treated by a health care provider in this state pursuant to any policy, plan, or contract of accident and sickness insurance as defined in Code Section 33-7-2. (4) 'Standard' means a standard relating to administrative procedures and shall not include standards relating to medical treatment, quality of care, or best practices. (b) The development, recognition, or implementation of any guideline by any public or private payor or the establishment of any payment standard or reimbursement criteria under any federal laws or regulations related to health care shall not be construed, without competent expert testimony establishing the appropriate standard of care, to establish a legal basis for negligence or the standard of care or duty of care owed by a health care provider to a patient in any civil action for medical malpractice or product liability. Nor shall compliance with such a guideline, standard, or criteria establish a health care provider's compliance with the standard of care or duty of care owed by a health care provider to a patient in any civil action for medical malpractice or medical product liability without competent expert testimony establishing the appropriate standard of care."

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 Abrams N Alexander Y Allison N Anderson Y Atwood

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R

THURSDAY, MARCH 7, 2013

2425

Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J N Evans Y Fleming Y Floyd Y Fludd E Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton E Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S
Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra Y Marin Y Martin Y Maxwell N Mayo

N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rutledge Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, B Y Turner
VACANT N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 134, nays 35.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the Senate:

SB 85. By Senators Bethel of the 54th, Mullis of the 53rd, Golden of the 8th, Carter of the 1st, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the administration of

2426

JOURNAL OF THE HOUSE

vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to provide for definitions; to provide requirements for the content of vaccine protocol agreements; to provide that a party to a vaccine protocol agreement shall not delegate his or her authority; to limit the number of vaccine protocol agreements into which a physician may enter at any one time; to prohibit certain entities from entering into vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 282. By Representatives Hamilton of the 24th, Parsons of the 44th, Stephens of the 164th, Roberts of the 155th, Harbin of the 122nd and others:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to enact the "Municipal Broadband Investment Act"; to allow for public providers of broadband service to provide such services in unserved areas; to provide for a short title; to prohibit a public provider from providing broadband service to areas that are not unserved areas unless such provider is providing such broadband service as of a date certain; to provide for the authority and jurisdiction of the Public Service Commission to make a determination as to whether an area is an unserved area and as to certain violations; to provide for procedures; to provide a cause of action and for recovery; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Municipal Broadband Investment Act"; to allow for public providers of broadband service to provide such services in unserved areas; to provide for a short title; to provide for definitions; to prohibit a public provider from providing broadband service to areas that are not unserved areas unless such provider is providing such broadband service as of a date certain; to provide for the authority and jurisdiction of the Public Service Commission to make a determination as to whether an area is an unserved area and as to certain violations; to provide for procedures; to provide a cause of action and for recovery; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 7, 2013

2427

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter to read as follows:
"CHAPTER 90A
36-90A-1. This chapter shall be known and may be cited as the 'Municipal Broadband Investment Act.'
36-90A-2. As used in this chapter, the term:
(1) 'Broadband service' means Internet access service with transmission speeds that are equal to or greater than 3.0 megabits per second in the faster direction. (2) 'Census block' means an area so designated by the United States decennial census of 2010 or any future census. (3) 'Commission' means the Public Service Commission. (4) 'National Broadband Map' means a map showing broadband availability across the United States created and maintained by the National Telecommunications and Information Administration in collaboration with the Federal Communications Commission. (5) 'Private provider' means any person, firm, partnership, corporation, or association, other than a public provider, offering broadband service. (6) 'Public provider' means any county, municipal corporation, or other political subdivision of this state which provides broadband service, whether directly, indirectly, or through any authority or instrumentality acting on behalf of or jointly with other public providers, for the benefit of any county, municipal corporation, or other political subdivision of this state; provided, however, that such term shall not include a municipal corporation, or any authority or instrumentality of a municipal corporation, that owns or operates an electric utility. (7) 'Unserved area' means a census block for which the National Broadband Map shows no broadband service is available.
36-90A-3. (a) On and after July 1, 2013, a public provider shall only offer broadband service to unserved areas; provided, however, that such public provider may:
(1) Continue to offer broadband service to any census block to which it provided broadband service on or before June 30, 2013; and (2) Offer broadband service to any census block in which it had, on or before June 30, 2013, infrastructure capable of providing broadband service.

2428

JOURNAL OF THE HOUSE

(b) A public provider seeking to provide broadband service in an area shall file a petition with the commission for a determination that such area is an unserved area. The public provider shall include with the petition a list of any census blocks that encompass the proposed area. Upon a determination by the commission that all of the census blocks in a proposed area are unserved areas, the public provider may commence the provision of broadband service in such unserved areas.

36-90A-4. At any time, upon its own complaint or the complaint of any private provider or any other interested party, the commission shall have the authority and jurisdiction, after notice to all affected broadband service providers and interested parties, and after a hearing, to make a determination of any violation of this chapter by appropriate orders.

36-90A-5. If any public provider does, causes, or permits any act with is prohibited, forbidden, or declared to be unlawful under this chapter, or fails to do any act which is required by an order of the commission, such public provider shall be liable to the persons affected thereby for all loss, damage, or injury caused thereby or resulting therefrom. An action to declare such an act or failure to act unlawful, enjoin the same, and recover loss, damage, or injury may be brought in any court of competent jurisdiction by any such persons affected. In case of recovery, if the jury finds that such act or failure to act was willful, it may fix a reasonable attorney's fee, which shall be taxed and collected as part of the costs of the case.

36-90A-6. The commission shall have the authority to promulgate such rules and regulations as it deems necessary to carry out the provisions and intention of this chapter."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abrams N Alexander N Allison N Anderson Y Atwood Y Ballinger Y Barr N Battles

Y Coomer Y Cooper N Dawkins-Haigler N Deffenbaugh N Dempsey N Dickerson Y Dickey N Dickson

Y Hamilton Y Harbin N Harden Y Harrell N Hatchett N Hawkins N Henson N Hightower

N McCall Meadows
Y Mitchell Y Morgan Y Morris N Mosby E Murphy N Neal

N Sims, C Y Smith, E Y Smith, L N Smith, M
Smith, R Y Smyre Y Spencer
Stephens, M

THURSDAY, MARCH 7, 2013

2429

N Beasley-Teague N Bell N Bennett N Bentley N Benton N Beverly Y Black N Braddock N Broadrick Y Brockway N Brooks
Bruce Y Bryant N Buckner Y Burns N Caldwell, J N Caldwell, M Y Carson N Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas N Clark, J N Clark, V N Coleman N Cooke

Y Dollar N Douglas N Drenner Y Dudgeon N Dukes N Dunahoo Y Duncan N Dutton Y Ehrhart
England N Epps, C N Epps, J N Evans N Fleming N Floyd Y Fludd E Frazier N Frye Y Fullerton N Gardner N Gasaway N Geisinger Y Glanton E Golick
Gordon N Gravley N Greene N Gregory

Y Hill Y Hitchens N Holcomb N Holmes N Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan N Kaiser N Kelley N Kendrick N Kidd
Kirby Y Knight Y Lindsey N Lumsden N Mabra N Marin Y Martin Y Maxwell Y Mayo

Y Nimmer N Nix N Oliver Y O'Neal N Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A N Powell, J Y Pruett N Quick Y Ramsey Y Randall Y Rice N Riley Y Roberts Y Rogers, C N Rogers, T N Rutledge Y Rynders N Scott N Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephens, R N Stephenson Y Stovall N Strickland Y Talton Y Tankersley
Tanner N Taylor, D N Taylor, T Y Teasley N Thomas, A.M. E Thomas, B N Turner
VACANT Waites Y Watson, B N Watson, S N Welch N Weldon N Wilkerson N Wilkinson N Willard Y Williams, A N Williams, C Y Williams, E Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 70, nays 94.

The Bill, having failed to receive the requisite constitutional majority, was lost.

HB 189. By Representatives Buckner of the 137th, Stephens of the 164th, Jackson of the 128th, Epps of the 144th, Williams of the 168th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation generally, so as to require the Department of Natural Resources to notify local governing authorities before making certain significant changes in services at state parks, historic sites, or recreational areas located within the area of the local governing authority; 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

2430

JOURNAL OF THE HOUSE

To amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation generally, so as to require the Department of Natural Resources to notify local governing authorities before making certain significant changes in services at state parks, historic sites, or recreational areas located within the area of the local governing authority; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation generally, is amended by adding a new Code section to read as follows:
"12-3-12. (a) As used in this Code section, the term 'change in services' means the:
(1) Permanent change of a primary existing operational function; (2) Reduction by 50 percent or more of the hours of operation or services; or (3) Closure of any state park, historic site, or recreational area operated by or pursuant to the authority of the department. (b) Prior to making a change in services, the department shall provide 60 days' notice to the governing authority of each municipality and county in which any part of the state park, historic site, or recreational area is located regarding the specific proposed change in services. The notice required by this Code section shall be made in writing and sent to the applicable chairperson of the county commissioners and the mayor of the municipality."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

An amendment by Representative Bryant of the 162nd was ruled not germane.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

Y McCall Y Meadows Y Mitchell Y Morgan

Y Sims, C Y Smith, E Y Smith, L Y Smith, M

THURSDAY, MARCH 7, 2013

2431

Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan
Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin E Martin Y Maxwell Y Mayo

Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner
VACANT Y Waites Y Watson, B
Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 92. By Senators Fort of the 39th, Henson of the 41st, Ramsey, Sr. of the 43rd, Mullis of the 53rd, James of the 35th and others:

2432

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to add public transit to the authorized purposes for the proceeds of such tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 94. By Senators Millar of the 40th, Unterman of the 45th, Hufstetler of the 52nd and Albers of the 56th:
A BILL to be entitled an Act to amend Code Section 43-34-25 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to advanced practice registered nurses, so as to revise provisions relating to the delegation of authority to order radiographic imaging tests; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 158. By Senators Orrock of the 36th, Unterman of the 45th, Stone of the 23rd, Ligon, Jr. of the 3rd, Henson of the 41st and others:
A BILL to be entitled an Act to amend Code Section 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 178. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend Article 6 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and death benefits under the Georgia Legislative Retirement System, so as to define a certain term; to broaden a certain provision prohibiting a person receiving a pension under such retirement system from accepting public employment; to provide that the board of trustees of such retirement system shall have the authority to provide for the time and circumstances of paying benefits as necessary to comply with federal law; to repeal conflicting laws; and for other purposes.
SB 213. By Senators Tolleson of the 20th, Sims of the 12th, Burke of the 11th, Hill of the 4th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Flint River Drought Protection Act," so as to clarify legislative intent; to revise definitions; to expand programs and provide for completion of new studies; to provide for additional powers of the

THURSDAY, MARCH 7, 2013

2433

director; to provide for new irrigation efficiency requirements; to provide for participation in augmented flow programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:

HR 73.

By Representatives Hugley of the 136th, Buckner of the 137th and Smyre of the 135th:

A RESOLUTION compensating Mr. Lathan Rydell Word; 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 Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr
Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley N Benton Y Beverly Y Black N Braddock Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Caldwell, J N Caldwell, M N Carson Y Carter
Casas Y Chandler
Channell Y Chapman

N Coomer Y Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey Y Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Fleming Y Floyd Y Fludd E Frazier Y Frye Y Fullerton Y Gardner
Gasaway Y Geisinger Y Glanton

N Hamilton Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hill Y Hitchens Y Holcomb N Holmes N Holt Y Houston Y Howard Y Hugley
Jackson N Jacobs N Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight
Lindsey N Lumsden

N McCall N Meadows Y Mitchell Y Morgan
Morris Y Mosby E Murphy Y Neal
Nimmer Y Nix Y Oliver N O'Neal N Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A
Powell, J N Pruett N Quick N Ramsey Y Randall Y Rice N Riley Y Roberts Y Rogers, C N Rogers, T N Rutledge
Rynders Y Scott

Y Sims, C Y Smith, E Y Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M
Stephens, R Y Stephenson Y Stovall N Strickland Y Talton Y Tankersley N Tanner
Taylor, D N Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner
VACANT Y Waites Y Watson, B N Watson, S N Welch N Weldon Y Wilkerson Y Wilkinson N Willard Y Williams, A

2434

JOURNAL OF THE HOUSE

Y Cheokas N Clark, J Y Clark, V Y Coleman N Cooke

E Golick Y Gordon N Gravley Y Greene
Gregory

Y Mabra Y Marin E Martin N Maxwell Y Mayo

Y Setzler Y Sharper N Shaw
Sheldon Sims, B

N Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 97, nays 58.

The Resolution, having received the requisite constitutional majority, was adopted.

Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 11, 2013, and the motion prevailed.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, March 11, 2013.

MONDAY, MARCH 11, 2013

2435

Representative Hall, Atlanta, Georgia

Monday, March 11, 2013

Thirty-First Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following communications were received:

The State of Georgia Office of Secretary of State

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached pages list the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 5th day of March 2013, in District 71 for State Representative in Coweta County and a portion of Fayette County to fill the vacancy.

Having received the majority of the votes cast, David J. Stover was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of March, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh.

(SEAL)

/s/ Brian P. Kemp Secretary of State

Georgia Secretary of State Election Report

Special Election Runoff Official Result

March 5, 2013 Special Election Runoff

2436

JOURNAL OF THE HOUSE

State Contest

County

State Representative, District 71 COWETA

FAYETTE

Total

Choice THOMAS G. CRYMES (R) DAVID J. STOVER (R) Votes For Seat In County: THOMAS G. CRYMES (R) DAVID J. STOVER (R) Votes For Seat In County: THOMAS G. CRYMES (R) DAVID J. STOVER (R) Total Votes For Seat:

Votes 854
1,340 2,194
31 16 47 885 1,356 2,241

Votes% 38.92% 61.08%
65.96% 34.04%
39.49% 60.51%

The State of Georgia Office of Secretary of State

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached one (1) pages of typewritten matter constitute a true and correct list of State Representative in the General Assembly of Georgia elected at the 2013 Special Election Run-off held on March 5, 2013; all as the same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of March, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh.

(SEAL)

/s/ Brian P. Kemp Secretary of State

State Representative District 71 David J. Stover

OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE

HOUSE DISTRICT 71 GEORGIA HOUSE OF REPRESENTATIVES

I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.

MONDAY, MARCH 11, 2013

2437

I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.

SO HELP ME GOD.

LOYALTY OATH

I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.

SO HELP ME GOD.

/s/ David J. Stover STATE REPRESENTATIVE

Sworn to and subscribed before me,

This 11th day of March, 2013.

/s/ Michael P. Boggs Judge, Court of Appeals of Georgia

The roll was called and the following Representatives answered to their names:

Abrams Alexander Allison Anderson Atwood Ballinger E Barr Battles Beasley-Teague E Bennett Bentley Benton Black Braddock Broadrick Brockway Brooks

Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey E Dickerson Dickey Dickson Douglas Drenner Dudgeon Dunahoo Duncan Dutton Ehrhart England

Gregory Hamilton Harbin Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Hugley Jackson Jacobs

Maxwell Mayo McCall Meadows Mitchell Morgan E Morris E Murphy Neal Nimmer Nix O'Neal Pak Parrish E Parsons Pezold Powell, A

Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Stover Strickland Talton Tankersley Tanner Taylor, D Taylor, T Thomas, A.M. Thomas, B

2438

JOURNAL OF THE HOUSE

Bryant E Buckner
Burns Caldwell, J E Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas Clark, J Clark, V

E Epps, C Epps, J Evans Fleming Fludd Frazier Frye Gardner Geisinger Glanton
E Golick Gordon Gravley Greene

Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Martin

E Powell, J Pruett Quick Ramsey Rice Riley Roberts Rogers, T Rynders Scott Setzler Sharper Sheldon Sims, B

Turner Waites Watson, B Watson, S Weldon Wilkerson Wilkinson Willard Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Bell of the 58th, Beverly of the 143rd, Bruce of the 61st, Coleman of the 97th, Floyd of the 99th, Fullerton of the 153rd, Gasaway of the 28th, Harden of the 148th, Howard of the 124th, Jordan of the 77th, Marin of the 96th, Mosby of the 83rd, Peake of the 141st, Randall of the 142nd, Rogers of the 29th, Rutledge of the 109th, Shaw of the 176th, Stephenson of the 90th, Teasley of the 37th, and Williams of the 168th.

They wished to be recorded as present.

Prayer was offered by Lucas Ramirez, Executive Director, The Gathering Place, Brunswick, Georgia.

The members pledged allegiance to the flag.

Representative Sims of the 123rd, 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.

MONDAY, MARCH 11, 2013

2439

3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 557. By Representative McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3714), so as to provide for staggered, four-year terms for the mayor and council; to provide that the city clerk may serve as the city treasurer; to provide that the municipal judge shall be a licensed attorney; to provide that the office of elected officials of the city shall be vacated under certain circumstances; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 558. By Representative McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3909), so as to provide for staggered, four-year terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 559. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, so as to provide a short title; to provide for definitions; to provide for

2440

JOURNAL OF THE HOUSE

certain insurance coverage of autism spectrum disorders; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 560. By Representatives Cooke of the 18th, Allison of the 8th, Dutton of the 157th, Brockway of the 102nd and Jasperse of the 11th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide for legislative findings; to provide definitions; to provide that it shall be illegal to use unmanned aerial vehicles by law enforcement in Georgia without first obtaining a warrant; to provide for penalties; to provide for the inadmissibility of any evidence obtained through the use of unmanned aerial vehicles without a warrant; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 561. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to change the description of the election districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 562. By Representatives Drenner of the 85th and Henson of the 86th:
A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 20, Title 36, and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, local government, and general authority, duties, and procedure relative to government purchasing, respectively, so as to modify provisions relating to contractual and purchasing preferences for Georgia service providers and certain supplies, materials, equipment, and agricultural products grown, manufactured, or produced in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 11, 2013

2441

Referred to the Committee on Governmental Affairs.
HB 563. By Representatives Drenner of the 85th and Henson of the 86th:
A BILL to be entitled an Act to amend Code Section 20-2-600 of the Official Code of Georgia Annotated, relating to leasing public school property for private purposes, so as to prohibit the leasing of certain public school property for the purpose of construction and maintenance of telecommunications towers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 564. By Representatives Drenner of the 85th and Henson of the 86th:
A BILL to be entitled an Act to amend Chapter 3A of Title 46 of the Official Code of Georgia Annotated, relating to integrated resource planning for certain electric suppliers, so as to provide for energy savings plans to optimize the use of demand-side capacity options; to provide for requirements; provide for reports and recommendations; to provide for certain editorial changes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 565. By Representatives Clark of the 98th, Neal of the 2nd, Evans of the 42nd, Ramsey of the 72nd, Hitchens of the 161st and others:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that incarcerated individuals who qualify for HOPE GED vouchers may use such vouchers within 12 months of release; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 566. By Representative Pak of the 108th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to make temporary transporter license plates available to motor vehicle mechanics to permit mechanics to test drive certain motor vehicles being serviced or repaired; to provide for related

2442

JOURNAL OF THE HOUSE

matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 567. By Representatives Clark of the 98th, Barr of the 103rd, Dunahoo of the 30th and Kelley of the 16th:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to require the Department of Audits and Accounts to report federal funds received by certain state agencies; to provide for definitions; to provide for submittal of a report to legislative appropriations committees; to provide for legislative recommendations; to provide for a legislative study regarding additional reporting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HR 644. By Representatives Willard of the 51st, Nimmer of the 178th, Dickey of the 140th, Black of the 174th, Smith of the 70th and others:
A RESOLUTION creating the House Study Committee on Timber Security; and for other purposes.
Referred to the Committee on Judiciary.
HR 689. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION urging local boards of education and schools in Georgia to implement renewable energy systems to provide educational and cost-saving opportunities; and for other purposes.
Referred to the Committee on Education.
HR 690. By Representatives Drenner of the 85th and Henson of the 86th:
A RESOLUTION expressing support for an eastern corridor in metropolitan Atlanta, Georgia, for bicycle traffic; and for other purposes.
Referred to the Committee on Transportation.

MONDAY, MARCH 11, 2013

2443

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 546 HB 548 HB 550 HB 552 HB 554 HR 604 SB 99 SB 145 SB 163 SB 185 SB 207 SB 216 SR 378

HB 547 HB 549 HB 551 HB 553 HB 556 SB 1 SB 116 SB 155 SB 181 SB 204 SB 212 SB 224

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 522 HB 529 HB 543 SB 199

Do Pass Do Pass Do Pass Do Pass

HB 525 HB 534 HB 544

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 413 HR 452 HR 466

Do Pass Do Pass Do Pass

2444

JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 522. By Representatives Rutledge of the 109th, Douglas of the 78th, Scott of the 76th, Stephenson of the 90th and Knight of the 130th:
A BILL to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the name of the authority; to change the provisions relating to powers of the authority; to establish the power of the authority to implement programs and regulations for water quality protection, watershed protection, and water conservation; to establish the power of the authority to enter into intergovernmental agreements with respect to water and sewer services; to provide for related matters; to provide for severability; 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 525. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:
A BILL to be entitled an Act to authorize the governing authority of the City of Statesboro to increase the excise tax levied 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 529. By Representative Harden of the 148th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cordele to increase the excise tax levied 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.

MONDAY, MARCH 11, 2013

2445

HB 534. By Representatives Houston of the 170th, Roberts of the 155th and Watson of the 172nd:
A BILL to be entitled an Act to amend an Act providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278), so as to change the amount of the homestead exemption for residents aged 65 or older; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 543. By Representatives Gravley of the 67th, Bruce of the 61st, Jones of the 62nd and Hightower of the 68th:
A BILL to be entitled an Act to authorize the governing authority of Douglas County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 544. By Representatives Turner of the 21st, Carson of the 46th, Hill of the 22nd and Caldwell of the 20th:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide that candidates for the board of commissioners shall have resided within the respective district from which they seek election for a period of at least 12 months immediately preceding their election; to provide for related matters; to provide contingent effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 199. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002

2446

JOURNAL OF THE HOUSE

(Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell E Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

MONDAY, MARCH 11, 2013

2447

On the passage of the Bills, the ayes were 161, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

SB 13. By Senator Carter of the 1st:

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 require mandatory reporting for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 23.

By Senators Davenport of the 44th, Fort of the 39th, Jones of the 10th, James of the 35th, Tate of the 38th and others:

A BILL to be entitled an Act to establish the "Stacey Nicole English Act" and in her honor to aid in the location of missing persons who may be incapacitated due to serious medical conditions; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to prohibit minimum waiting periods for initiating a missing person report; to authorize a state-wide endangered person advisory based on a missing person's severe medical condition; to amend Code Section 40-2-26 of the O.C.G.A., relating to form and contents of application for registration of motor vehicles, so as to provide for emergency contact information in vehicle application registration forms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

SB 62.

By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the

2448

JOURNAL OF THE HOUSE

duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Human Relations & Aging.

SB 85.

By Senators Bethel of the 54th, Mullis of the 53rd, Golden of the 8th, Carter of the 1st, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to provide for definitions; to provide requirements for the content of vaccine protocol agreements; to provide that a party to a vaccine protocol agreement shall not delegate his or her authority; to limit the number of vaccine protocol agreements into which a physician may enter at any one time; to prohibit certain entities from entering into vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 92.

By Senators Fort of the 39th, Henson of the 41st, Ramsey, Sr. of the 43rd, Mullis of the 53rd, James of the 35th and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to add public transit to the authorized purposes for the proceeds of such tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 94.

By Senators Millar of the 40th, Unterman of the 45th, Hufstetler of the 52nd and Albers of the 56th:

A BILL to be entitled an Act to amend Code Section 43-34-25 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to advanced practice registered nurses, so as to revise provisions relating to the delegation of authority to order radiographic imaging tests; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

MONDAY, MARCH 11, 2013

2449

SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd and others:
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 personal service of a summons on a corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 158. By Senators Orrock of the 36th, Unterman of the 45th, Stone of the 23rd, Ligon, Jr. of the 3rd, Henson of the 41st and others:
A BILL to be entitled an Act to amend Code Section 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 165. By Senators McKoon of the 29th and Harbison of the 15th:
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; to amend an Act entitled "An Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the superior courts, so as to provide for additional judges of the Atlanta Judicial Circuit, the Bell-Forsyth Judicial Circuit, the Chattahoochee Judicial Circuit, the Cobb Judicial Circuit, the Tallapoosa Judicial Circuit, and the Towaliga Judicial Circuit," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to change the method of selection of the

2450

JOURNAL OF THE HOUSE

chief judge of the Chattahoochee Judicial Circuit; to provide for the duties of the chief judge and presiding judge of said circuit; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 170. By Senator Hill of the 32nd:
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.
Referred to the Committee on Judiciary Non-Civil.
SB 172. By Senators Jones of the 10th, Thompson of the 33rd, Carter of the 42nd, Chance of the 16th, Jackson of the 2nd and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and University System of Georgia, so as to provide for a civil rights museum as a division of the Georgia Capitol Museum; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Properties.
SB 177. By Senators Ginn of the 47th, Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th:
A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to change the membership of the Georgia Tourism Foundation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
SB 178. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend Article 6 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and death benefits under the Georgia Legislative Retirement

MONDAY, MARCH 11, 2013

2451

System, so as to define a certain term; to broaden a certain provision prohibiting a person receiving a pension under such retirement system from accepting public employment; to provide that the board of trustees of such retirement system shall have the authority to provide for the time and circumstances of paying benefits as necessary to comply with federal law; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 187. By Senator Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 189. By Senators Millar of the 40th, Albers of the 56th, Henson of the 41st, Carter of the 1st, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to permit proprietary institutions of higher education to participate in establishing college and career academies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 206. By Senators Cowsert of the 46th, Shafer of the 48th, Chance of the 16th, Hill of the 32nd, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to provide for delegations from the State of Georgia to certain conventions called by the Congress of the United States for proposing amendments to the Constitution of the United States pursuant to Article V of said constitution; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Interstate Cooperation.

2452

JOURNAL OF THE HOUSE

SB 210. By Senators Tolleson of the 20th, Jeffares of the 17th, Miller of the 49th, Crosby of the 13th, Harper of the 7th and others:
A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal Chapter 6A, relating to land conservation; to create the Georgia Legacy Program; to provide for legislative intent; to create conservation funding mechanisms and provide for their operation; to establish procedural requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 213. By Senators Tolleson of the 20th, Sims of the 12th, Burke of the 11th, Hill of the 4th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Flint River Drought Protection Act," so as to clarify legislative intent; to revise definitions; to expand programs and provide for completion of new studies; to provide for additional powers of the director; to provide for new irrigation efficiency requirements; to provide for participation in augmented flow programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 222. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended specifically by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), so as to repeal certain provisions relating to the election and terms of office of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 223. By Senator Harbison of the 15th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), so as to change the description of the

MONDAY, MARCH 11, 2013

2453

commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 225. By Senators Stone of the 23rd and Shafer of the 48th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 226. By Senators Gooch of the 51st, Jackson of the 24th, Wilkinson of the 50th, Bethel of the 54th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to investigation fees; to provide for changes to compensation options of coroners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 231. By Senators Loudermilk of the 14th, Albers of the 56th, Ligon, Jr. of the 3rd, Hill of the 4th and Bethel of the 54th:
A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, so as to extend the sunset provisions for the additional sums collected on fines for the purpose of funding the commission and driver education and training in Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

2454

JOURNAL OF THE HOUSE

SB 234. By Senators Jones of the 25th, Murphy of the 27th, Millar of the 40th, Ginn of the 47th, Golden of the 8th 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 comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell travel insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 236. By Senators Jones of the 25th, Murphy of the 27th, Harper of the 7th, Tippins of the 37th, Ginn of the 47th 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 require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any, attributable to the Patient Protection and Affordable Care Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 241. By Senators Hill of the 6th, Harbison of the 15th, Dugan of the 30th and Hill of the 32nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to provide for leadership and service recognition of students applying to institutions of the university system; to provide for recommendations for admissions to the university system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 242. By Senators Hill of the 6th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to powers of downtown development authorities generally, so as to provide that downtown development authorities may undertake projects regarding reducing energy or water consumption on property or installing an improvement to property that produces energy from renewable resources within the territorial boundaries of the municipality; to

MONDAY, MARCH 11, 2013

2455

provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
SB 243. By Senators Bethel of the 54th, Jeffares of the 17th, Millar of the 40th and Carter of the 42nd:
A BILL to be entitled an Act to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for such organizations; to change certain provisions relating to taxation reporting requirements for such organizations; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to change certain provisions relating to qualified education tax credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SR 245. By Senators Hill of the 32nd, Miller of the 49th, Shafer of the 48th, Cowsert of the 46th and Chance of the 16th:
A RESOLUTION requesting the United States Congress to adopt a resolution proposing a balanced budget amendment to the United States Constitution and to submit the same to the states for ratification; and for other purposes.
Referred to the Committee on Governmental Affairs.
SR 267. By Senator Ligon, Jr. of the 3rd:
A RESOLUTION urging the United States Army Corps of Engineers to close Noyes Cut in the Satilla River System; and for other purposes
Referred to the Committee on Natural Resources & Environment.
SR 293. By Senator Gooch of the 51st:
A RESOLUTION honoring the life of Mr. Ralph A. Pierce and dedicating a road in his memory; and for other purposes.

2456

JOURNAL OF THE HOUSE

Referred to the Committee on Transportation.

SR 348. By Senators Hill of the 32nd, Mullis of the 53rd, Golden of the 8th, Chance of the 16th and Albers of the 56th:

A RESOLUTION creating the Georgia Program Integrity Joint Study Committee; and for other purposes.

Referred to the Committee on Governmental Affairs.

SR 371. By Senators Cowsert of the 46th, Shafer of the 48th, Chance of the 16th, Hill of the 32nd, Loudermilk of the 14th and others:

A RESOLUTION making renewed application to the Congress of the United States to call for a convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes.

Referred to the Committee on Judiciary.

Representative Lindsey of the 54th moved that the House reconsider its action in agreeing to the Senate Substitute to the following Bill of the House:

HB 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; 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 Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower

Y McCall Y Meadows Y Mitchell N Morgan E Morris N Mosby N Murphy Y Neal

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M

MONDAY, MARCH 11, 2013

2457

N Beasley-Teague N Bell E Bennett
Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce
Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Dollar N Douglas N Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye Y Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton E Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick N Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper
Shaw Y Sheldon Y Sims, B

Y Stephens, R Stephenson
Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch N Weldon N Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 114, nays 47.

The motion prevailed.

Representative Lindsey of the 54th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

2458

JOURNAL OF THE HOUSE

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks
Bruce Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley N Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper
Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 109, nays 51.

The motion prevailed.

Representative Lindsey of the 54th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 476. By Representatives Williams of the 168th and Stephens of the 164th:

A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to

MONDAY, MARCH 11, 2013

2459

provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague
Bell E Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce
Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton E Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra Y Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler N Sharper
Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 117, nays 42.

The motion prevailed.

Representative Lindsey of the 54th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:

2460

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce
Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley N Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby
Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper
Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 107, nays 52.

The motion prevailed.

MONDAY, MARCH 11, 2013

2461

Representative Lindsey of the 54th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 182. By Senator Lucas of the 26th:

A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce
Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper
Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

2462

JOURNAL OF THE HOUSE

On the motion, the ayes were 110, nays 52.

The motion prevailed.

Representative Lindsey of the 54th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 183. By Senator Lucas of the 26th:

A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby N Murphy
Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard
Williams, A

MONDAY, MARCH 11, 2013

2463

Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Golick N Gordon Y Gravley Y Greene Y Gregory

N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Setzler N Sharper
Shaw Y Sheldon Y Sims, B

Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 110, nays 52.

The motion prevailed.

Representative Lindsey of the 54th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:

A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett
Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick

Y Sims, C N Smith, E Y Smith, L
Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B

2464

JOURNAL OF THE HOUSE

E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fleming Floyd
N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley Y Greene Y Gregory

N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 113, nays 51.

The motion prevailed.

Representative Lindsey of the 54th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:

A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett
Bentley Y Benton N Beverly Y Black Y Braddock

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson
Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner

MONDAY, MARCH 11, 2013

2465

Y Broadrick Y Brockway N Brooks N Bruce Y Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley N Greene Y Gregory

N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 110, nays 52.

The motion prevailed.

Representative Lindsey of the 54th moved that the following Bill of the House be placed upon the table:

HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:

A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson Dollar N Douglas N Drenner

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall

2466

JOURNAL OF THE HOUSE

N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley N Greene Y Gregory

Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra N Marin Y Martin Y Maxwell N Mayo

Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 109, nays 54.

The motion prevailed.

Representative Lindsey of the 54th moved that the following Bill of the House be placed upon the table:

HB 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; 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:

MONDAY, MARCH 11, 2013

2467

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley Y Benton N Beverly Y Black Y Braddock N Broadrick Y Brockway N Brooks N Bruce Y Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley N Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Meadows
N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 108, nays 52.

The motion prevailed.

Representative Lindsey of the 54th moved that the following Bill of the House be placed upon the table:

HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L.

2468

JOURNAL OF THE HOUSE

1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Meadows
N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick
Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 107, nays 52.

The motion prevailed.

Representative Lindsey of the 54th moved that the following Bill of the House be placed upon the table:

MONDAY, MARCH 11, 2013

2469

HB 476. By Representatives Williams of the 168th and Stephens of the 164th:

A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell E Bennett N Bentley
Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

McCall Meadows N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M
Stephens, R Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates Ralston, Speaker

On the motion, the ayes were 104, nays 55.

The motion prevailed.

2470

JOURNAL OF THE HOUSE

Representative Lindsey of the 54th moved that the following Bill of the House be placed upon the table:

HB 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:

A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; 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 placed upon the table:

HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:

A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson Dollar N Douglas

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens

McCall N Meadows N Mitchell N Morgan E Morris N Mosby
Murphy Y Neal Y Nimmer Y Nix

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson

MONDAY, MARCH 11, 2013

2471

N Bennett N Bentley
Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley
Greene Y Gregory

N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch
Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 103, nays 56.

The motion prevailed.

Representative Lindsey of the 54th moved that the following Bill of the Senate be placed upon the table:

SB 182. By Senator Lucas of the 26th:

A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

N McCall N Meadows N Mitchell N Morgan

Sims, C N Smith, E Y Smith, L N Smith, M

2472

JOURNAL OF THE HOUSE

Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley
Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey N Dickerson Y Dickey
Dickson Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley Greene Y Gregory

Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick
Ramsey N Randall Y Rice Y Riley N Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch
Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 103, nays 59.

The motion prevailed.

Representative Lindsey of the 54th moved that the following Bill of the Senate be placed upon the table:

SB 183. By Senator Lucas of the 26th:

A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes.

MONDAY, MARCH 11, 2013

2473

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley
Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant E Buckner Y Burns Y Caldwell, J E Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J N Evans Y Fleming Floyd N Fludd N Frazier N Frye Fullerton N Gardner Y Gasaway Y Geisinger N Glanton E Golick N Gordon Y Gravley Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill
Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

N McCall N Meadows N Mitchell N Morgan E Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley N Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler
Sharper Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch
Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 101, nays 56.

The motion prevailed.

Representative Abrams of the 89th moved that the following Bill of the House be taken from the table:

HB 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885

2474

JOURNAL OF THE HOUSE

(Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Y Beverly
Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant E Buckner N Burns N Caldwell, J E Caldwell, M N Carson N Carter N Casas N Chandler
Channell N Chapman
Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey
Dickson Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart N England E Epps, C N Epps, J Y Evans N Fleming Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett Y Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

McCall Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish E Parsons N Peake N Pezold N Powell, A E Powell, J Pruett N Quick N Ramsey Y Randall N Rice N Riley N Roberts Y Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper N Shaw N Sheldon N Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M
Stephens, R Stephenson Y Stovall N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A N Williams, C Y Williams, E N Williamson N Yates Ralston, Speaker

On the motion, the ayes were 59, nays 99.

The motion failed.

MONDAY, MARCH 11, 2013

2475

Representative Abrams of the 89th moved that the following Bill of the House be taken from the table:

HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:

A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Y Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce
Bryant E Buckner N Burns N Caldwell, J E Caldwell, M N Carson N Carter N Casas N Chandler
Channell Chapman Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper
Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart
England E Epps, C N Epps, J Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley Y Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes
Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

McCall Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver O'Neal N Pak Parrish E Parsons N Peake N Pezold N Powell, A E Powell, J Pruett N Quick N Ramsey Randall N Rice N Riley Y Roberts Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper Shaw N Sheldon N Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M
Stephens, R Stephenson Y Stovall N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson N Willard Williams, A N Williams, C Y Williams, E N Williamson N Yates Ralston, Speaker

2476

JOURNAL OF THE HOUSE

On the motion, the ayes were 54, nays 96.

The motion failed.

Representative Abrams of the 89th moved that the following Bill of the House be taken from the table:

HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Bryant E Buckner N Burns N Caldwell, J E Caldwell, M Carson N Carter N Casas N Chandler Channell

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey
Dickson Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart England E Epps, C N Epps, J Y Evans N Fleming Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Gasaway N Geisinger

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey

Y McCall Meadows
Y Mitchell Y Morgan E Morris Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver
O'Neal N Pak N Parrish E Parsons N Peake N Pezold N Powell, A E Powell, J
Pruett N Quick N Ramsey Y Randall N Rice N Riley Y Roberts
Rogers, C N Rogers, T N Rutledge N Rynders

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M N Stephens, R
Stephenson Y Stovall N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson
Willard

MONDAY, MARCH 11, 2013

2477

N Chapman Cheokas
N Clark, J N Clark, V N Coleman N Cooke

Y Glanton E Golick Y Gordon N Gravley
Greene N Gregory

N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

Y Scott N Setzler Y Sharper
Shaw N Sheldon N Sims, B

Williams, A N Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 55, nays 96.

The motion failed.

Representative Abrams of the 89th moved that the following Bill of the House be taken from the table:

HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:

A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Y Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce
Bryant

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey
Dickerson N Dickey N Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart
England Y Epps, C N Epps, J Y Evans

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L

Y McCall Meadows
Y Mitchell Y Morgan E Morris Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish E Parsons N Peake N Pezold N Powell, A E Powell, J
Pruett N Quick

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M N Stephens, R
Stephenson Y Stovall N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B

2478

JOURNAL OF THE HOUSE

E Buckner N Burns N Caldwell, J E Caldwell, M N Carson N Carter N Casas N Chandler
Channell N Chapman
Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Fleming Floyd
Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley
Greene N Gregory

Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N Ramsey Y Randall N Rice N Riley Y Roberts
Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper
Shaw N Sheldon N Sims, B

N Turner Y Waites N Watson, B N Watson, S N Welch
Weldon Y Wilkerson N Wilkinson
Willard Williams, A N Williams, C Y Williams, E N Williamson N Yates Ralston, Speaker

On the motion, the ayes were 56, nays 99.

The motion failed.

Representative Abrams of the 89th moved that the following Bill of the House be taken from the table:

HB 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:

A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas Y Drenner

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb

N McCall Meadows
Y Mitchell Y Morgan E Morris Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R
Smyre N Spencer Y Stephens, M N Stephens, R
Stephenson Y Stovall

MONDAY, MARCH 11, 2013

2479

Y Bentley Benton
Y Beverly Black
N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant E Buckner N Burns N Caldwell, J E Caldwell, M N Carson N Carter N Casas N Chandler
Channell N Chapman
Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart
England Y Epps, C N Epps, J Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley
Greene N Gregory

N Holmes N Holt
Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

N O'Neal N Pak N Parrish E Parsons N Peake N Pezold N Powell, A E Powell, J
Pruett N Quick N Ramsey Y Randall N Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper
Shaw N Sheldon N Sims, B

N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson
Willard Y Williams, A N Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 56, nays 101.

The motion failed.

Representative Abrams of the 89th moved that the following Bill of the Senate be taken from the table:

SB 182. By Senator Lucas of the 26th:

A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson N Atwood

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey

N Hamilton N Harbin N Harden N Harrell N Hatchett

Y McCall Meadows
Y Mitchell Y Morgan E Morris

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R

2480

JOURNAL OF THE HOUSE

N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Y Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce
Bryant E Buckner N Burns N Caldwell, J E Caldwell, M N Carson N Carter N Casas N Chandler
Channell Chapman Cheokas N Clark, J N Clark, V N Coleman N Cooke

Y Dickerson N Dickey N Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart
England Y Epps, C N Epps, J Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley
Greene N Gregory

N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt
Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden
Mabra Y Marin N Martin N Maxwell Y Mayo

Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish E Parsons N Peake N Pezold N Powell, A E Powell, J
Pruett N Quick N Ramsey Y Randall N Rice N Riley Y Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper
Shaw N Sheldon N Sims, B

Y Smyre N Spencer Y Stephens, M N Stephens, R
Stephenson Y Stovall N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson
Willard Williams, A N Williams, C Y Williams, E N Williamson N Yates Ralston, Speaker

On the motion, the ayes were 56, nays 99.

The motion failed.

Representative Abrams of the 89th moved that the following Bill of the Senate be taken from the table:

SB 183. By Senator Lucas of the 26th:

A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 11, 2013

2481

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Y Beverly N Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce
Bryant E Buckner N Burns N Caldwell, J E Caldwell, M N Carson N Carter N Casas N Chandler
Channell N Chapman
Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart
England Y Epps, C N Epps, J Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley
Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt
Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

Y McCall Meadows
Y Mitchell Y Morgan E Morris Y Mosby Y Murphy N Neal N Nimmer N Nix Y Oliver N O'Neal N Pak N Parrish E Parsons N Peake N Pezold N Powell, A E Powell, J
Pruett N Quick N Ramsey Y Randall N Rice N Riley Y Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper
Shaw N Sheldon N Sims, B

Sims, C Y Smith, E N Smith, L
Smith, M N Smith, R
Smyre N Spencer Y Stephens, M N Stephens, R
Stephenson Y Stovall N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites N Watson, B N Watson, S N Welch N Weldon Y Wilkerson N Wilkinson N Willard
Williams, A N Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 54, nays 101.

The motion failed.

Representative Williams of the 168th moved that the following Bill of the House be taken from the table:

HB 476. By Representatives Williams of the 168th and Stephens of the 164th:

A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to

2482

JOURNAL OF THE HOUSE

provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson N Atwood N Ballinger N Barr N Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Y Beverly
Black N Braddock N Broadrick N Brockway Y Brooks Y Bruce Y Bryant E Buckner N Burns N Caldwell, J E Caldwell, M N Carson N Carter N Casas N Chandler
Channell N Chapman
Cheokas N Clark, J N Clark, V N Coleman N Cooke

N Coomer N Cooper Y Dawkins-Haigler N Deffenbaugh N Dempsey Y Dickerson N Dickey N Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton N Ehrhart
England Y Epps, C N Epps, J Y Evans N Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway N Geisinger Y Glanton E Golick Y Gordon N Gravley
Greene N Gregory

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins Y Henson N Hightower N Hill N Hitchens Y Holcomb N Holmes N Holt N Houston Y Howard Y Hugley Y Jackson N Jacobs N Jasperse N Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden Y Mabra Y Marin N Martin N Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy N Neal
Nimmer N Nix Y Oliver N O'Neal N Pak Y Parrish E Parsons N Peake N Pezold N Powell, A E Powell, J
Pruett N Quick N Ramsey Y Randall N Rice N Riley Y Roberts N Rogers, C N Rogers, T N Rutledge N Rynders Y Scott N Setzler Y Sharper
Shaw N Sheldon N Sims, B

Sims, C Y Smith, E N Smith, L Y Smith, M N Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites N Watson, B N Watson, S Y Welch N Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A N Williams, C Y Williams, E N Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 64, nays 97.

The motion failed.

The following members were recognized during the period of Morning Orders and addressed the House:

MONDAY, MARCH 11, 2013

2483

Representatives Sims of the 123rd, Fleming of the 121st, Harbin of the 122nd, Glanton of the 75th, Brooks of the 55th, Holmes of the 129th, Hill of the 22nd, Ballinger of the 23rd, Turner of the 21st, and Bentley of the 139th.
Pursuant to HR 409, the House honored the life and memory of Sean Louis Callahan.
Pursuant to HR 391, the House honored the life and memory of Richard Joseph "Joey" Halford and invited his family members to be recognized by the House of Representatives.
Pursuant to HR 392, the House honored the life and memory of Shawn Antonio Smiley and invited his family members to be recognized by the House of Representatives.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 413. By Representatives Glanton of the 75th, Stovall of the 74th, Douglas of the 78th, Waites of the 60th, Mabra of the 63rd and others:
A RESOLUTION recognizing and commending Chairman Eldrin Bell and inviting him to appear before the House of Representatives; and for other purposes.
HR 452. By Representative Holmes of the 129th:
A RESOLUTION commending Mr. G. Clisby Clarke and inviting him to appear before the House of Representatives; and for other purposes.
HR 466. By Representatives Smith of the 70th, Epps of the 132nd and Ramsey of the 72nd:
A RESOLUTION congratulating Dr. Laurie Barron on being named the 2013 MetLife/NASSP National Middle Level Principal of the Year and inviting her to be recognized by the House of Representatives; and for other purposes.
Representative England of the 116th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:

2484

JOURNAL OF THE HOUSE

Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 106 Do Pass, by Substitute
Respectfully submitted, /s/ England of the 116th
Chairman
Representative Weldon of the 3rd District, Chairman of the Committee on Juvenile Justice, submitted the following report:
Mr. Speaker:
Your Committee on Juvenile Justice 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 193 Do Pass, by Substitute
Respectfully submitted, /s/ Weldon of the 3rd
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 1:00 o'clock, tomorrow afternoon.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 1:00 o'clock, tomorrow afternoon.

TUESDAY, MARCH 12, 2013

2485

Representative Hall, Atlanta, Georgia

Tuesday, March 12, 2013

Thirty-Second Legislative Day

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Alexander Allison E Anderson Atwood Ballinger Barr Battles Bell E Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Chandler Channell Chapman Cheokas Clark, J Coleman Cooke Coomer Cooper

E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Dollar Douglas
E Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Floyd Fludd Frazier Frye Fullerton Gardner Gasaway Geisinger Glanton
E Golick Gordon Gravley Greene

Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holt Houston Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L Jones, S Jordan Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin

Maxwell Mayo McCall Meadows Mitchell Morgan E Morris Nimmer Nix Oliver O'Neal Pak Parrish E Parsons Peake Pezold Powell, A E Powell, J Pruett Quick Ramsey Randall Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sheldon Sims, B

Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Stover Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Abrams of the 89th, Bruce of the 61st, Casas of the 107th, Clark of the 101st, Martin of the 49th, Mosby of the 83rd, Murphy of the 127th, Neal of the 2nd, Rice of the 95th, Setzler of the 35th, Smyre of the 135th, and Stephenson of the 90th.

2486

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Prayer was offered by Reverend Christopher J. Waters, Pastor, Thankful Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, 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 568. By Representative Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), so as to change the description of the council districts for the election of members of the city council to be consistent with the United States decennial census of 2010 for the State of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

TUESDAY, MARCH 12, 2013

2487

HB 569. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 570. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 571. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th and Randall of the 142nd:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

2488

JOURNAL OF THE HOUSE

HB 572. By Representative Harden of the 148th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to 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 for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 573. By Representatives Dickson of the 6th, Broadrick of the 4th and Neal of the 2nd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Whitfield County; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A. shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 574. By Representatives Riley of the 50th, Martin of the 49th, Dudgeon of the 25th, Rice of the 95th and Willard of the 51st:
A BILL to be entitled an Act to amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to clarify the cap on changing the millage rate for ad valorem property taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 575. By Representative Rice of the 95th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), so as to

TUESDAY, MARCH 12, 2013

2489

change certain provisions relating to the city's ability to enter into agreements with other governmental parties; to provide for the city's inclusion to the Gwinnett County Police Service District, the Gwinnett County Fire and Emergency Medical Service District, the Gwinnett County Recreation District, and the Gwinnett County Emergency 9-1-1 System at the conclusion of the city's transition period; to clarify the city's municipal elections through the transition period; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 576. By Representative Harden of the 148th:
A BILL to be entitled an Act to create a board of elections and registration for Wilcox County and to provide for its powers and duties; to provide for definitions; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 577. By Representative Harden of the 148th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 578. By Representatives Harbin of the 122nd, Fleming of the 121st, Sims of the 123rd and McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L.

2490

JOURNAL OF THE HOUSE

2004, p. 4471), as amended, so as to revise the time for vesting in such program; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 579. By Representatives Weldon of the 3rd, Maxwell of the 17th and Battles of the 15th:
A BILL to be entitled an Act to amend Code Section 47-23-63 of the Official Code of Georgia Annotated, relating to definition and effect of full-time and part-time service and calculations, so as to provide that a member of the Georgia Judicial Retirement System who was serving in a full-time position on his or her retirement may use prior part-time service for vesting; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 580. By Representatives Weldon of the 3rd, Maxwell of the 17th and Battles of the 15th:
A BILL to be entitled an Act to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Superior Court Clerks' Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, so as to provide for a spousal survivor's benefit; to provide for an actuarially reduced member's benefit; to provide for an increase in benefits in the event of the death of the spouse or entry of an order of divorce; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 581. By Representatives Morgan of the 39th, Clark of the 101st, Mayo of the 84th, Glanton of the 75th, Smith of the 41st and others:
A BILL to be entitled an Act to amend Code Section 20-2-319.1 of the Official Code of Georgia Annotated, relating to the Georgia Virtual School, so as to provide that credit recovery courses are available to students who have withdrawn from a course due to an illness; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 12, 2013

2491

Referred to the Committee on Education.

HR 702. By Representative Black of the 174th:

A RESOLUTION honoring the life of Mr. Ray Daugharty and dedicating a bridge in his memory; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 557 HB 559 HB 561 HB 563 HB 565 HB 567 HR 689 SB 13 SB 62 SB 92 SB 113 SB 158 SB 170 SB 177 SB 187 SB 206 SB 213 SB 223 SB 226 SB 234 SB 241 SB 243 SR 267 SR 348

HB 558 HB 560 HB 562 HB 564 HB 566 HR 644 HR 690 SB 23 SB 85 SB 94 SB 121 SB 165 SB 172 SB 178 SB 189 SB 210 SB 222 SB 225 SB 231 SB 236 SB 242 SR 245 SR 293 SR 371

Representative Hatchett of the 150th District, Vice-Chairman of the Committee on Economic Development and Tourism, submitted the following report:

Mr. Speaker:

2492

JOURNAL OF THE HOUSE

Your Committee on Economic Development and Tourism 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 529 Do Pass

Respectfully submitted, /s/ Hatchett of the 150th
Vice-Chairman

Representative Burns of the 159th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

Your Committee on Game, Fish and Parks has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 136 Do Pass, by Substitute

Respectfully submitted, /s/ Burns of the 159th
Chairman

Representative Carter of the 175th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 83 SB 104 SB 226

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Carter of the 175th
Chairman

TUESDAY, MARCH 12, 2013

2493

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 535 HB 551 HB 553

Do Pass Do Pass Do Pass

HB 542 Do Pass HB 552 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 645 Do Pass

Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 70 Do Pass SB 218 Do Pass

Respectfully submitted, /s/ Roberts of the 155th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, MARCH 12, 2013

2494

JOURNAL OF THE HOUSE

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 106

General appropriations; State Fiscal Year July 1, 2013 - June 30, 2014 (Substitute)(App-Ralston-7th)

Modified Structured Rule
None
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bills of the House were postponed until tomorrow:
HB 535. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act to create the Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 12, 2013

2495

HB 542. By Representative Dutton of the 157th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), as amended, so as to change the description of the election districts; to provide 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 551. By Representatives Knight of the 130th, Yates of the 73rd, Rutledge of the 109th, Stephenson of the 90th and Scott of the 76th:
A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 552. By Representatives Morris of the 156th and Nimmer of the 178th:
A BILL to be entitled an Act to create a board of elections for Appling County and to provide for its powers and duties; to provide for definitions; to provide for submission 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 553. By Representative Morris of the 156th:
A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:

2496

JOURNAL OF THE HOUSE

The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 101. By Representatives Epps of the 144th, McCall of the 33rd, Jasperse of the 11th, Holmes of the 129th, Harden of the 148th and others:
A BILL to be entitled an Act to amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Code Section 26-2-391 of the Official Code of Georgia Annotated, relating to permits for nonprofit food sales and food service at events, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to repeal conflicting laws; and for other purposes.
HB 198. By Representatives Smith of the 134th, Meadows of the 5th, Maxwell of the 17th, Shaw of the 176th, Abrams of the 89th 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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 202. By Representatives Epps of the 144th, Roberts of the 155th and Shaw of the 176th:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 508. By Representatives Black of the 174th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Charlton County, approved April 17,

TUESDAY, MARCH 12, 2013

2497

1975 (Ga. L. 1975, p. 3952), as amended, so as to change the provisions relating to the compensation of the members of the board; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Wilkinson of the 52nd, Coleman of the 97th, Nimmer of the 178th, Lindsey of the 54th, Thomas of the 100th, Alexander of the 66th, and Tanner of the 9th.
Pursuant to HR 452, the House commended Mr. G. Clisby Clarke and invited him to appear before the House of Representatives.
Pursuant to HR 466, the House congratulated Dr. Laurie Barron on being named the 2013 MetLife/NASSP National Middle Level Principal of the Year and invited her to be recognized by the House of Representatives.
Pursuant to HR 413, the House recognized and commended Chairman Eldrin Bell and invited him to appear before the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 703. By Representatives Ehrhart of the 36th and Carson of the 46th:
A RESOLUTION recognizing Kennesaw State University, commending Kennesaw State on the commencement of its football program, and inviting President Dan Papp, Arlethia Perry-Johnson, Vaughn Williams, and Nathan Humphrey to appear before 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 703 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 645. By Representatives Stephens of the 164th, Stephens of the 165th, Gordon of the 163rd, Bryant of the 162nd, Hitchens of the 161st and others:

2498

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Dr. William James Daugherty and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 703. By Representatives Ehrhart of the 36th and Carson of the 46th:
A RESOLUTION recognizing Kennesaw State University, commending Kennesaw State on the commencement of its football program, and inviting President Dan Papp, Arlethia Perry-Johnson, Vaughn Williams, and Nathan Humphrey to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 704. By Representatives Drenner of the 85th, Henson of the 86th, Kaiser of the 59th and Stovall of the 74th:
A RESOLUTION encouraging state-wide participation in Green Apple Day of Service; and for other purposes.
HR 705. By Representatives Thomas of the 56th and Brooks of the 55th:
A RESOLUTION recognizing March 9, 2013, as Ghana Independence Day in Georgia; and for other purposes.
HR 706. By Representatives Weldon of the 3rd and Neal of the 2nd:
A RESOLUTION recognizing and commending Heritage High School as a school of excellence and an Advanced Placement Honor School; and for other purposes.
HR 707. By Representatives Weldon of the 3rd and Neal of the 2nd:
A RESOLUTION recognizing and commending the Heritage High School Five Star Dance Team; and for other purposes.
HR 708. By Representatives Weldon of the 3rd and Neal of the 2nd:
A RESOLUTION recognizing and commending the Heritage High School Junior Varsity Dance Team; and for other purposes.

TUESDAY, MARCH 12, 2013

2499

HR 709. By Representatives Spencer of the 180th and Black of the 174th:
A RESOLUTION recognizing and commending Coach Jeff Herron on his superlative legacy as head coach for the Camden County High School football team; and for other purposes.
HR 710. By Representatives Hamilton of the 24th, Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th:
A RESOLUTION commending Kids' Chance of Georgia, Inc., on the occasion of its 25th anniversary; and for other purposes.
HR 711. By Representatives Brooks of the 55th, Williams of the 168th, Howard of the 124th, Mayo of the 84th, Smith of the 125th and others:
A RESOLUTION recognizing and commending Madge Doreen Owens on the occasion of her retirement; and for other purposes.
HR 712. By Representatives McCall of the 33rd, Abrams of the 89th, Carter of the 175th, Peake of the 141st, Taylor of the 173rd and others:
A RESOLUTION recognizing the Legislative Livestock Showdown; and for other purposes.
HR 713. By Representatives Wilkerson of the 38th, Evans of the 42nd, Smith of the 41st, Setzler of the 35th, Teasley of the 37th and others:
A RESOLUTION honoring Ms. Betty Gray and the Tenth Annual Betty Gray Scholarship Luncheon; and for other purposes.
HR 714. By Representative Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Representative Simone Bell; and for other purposes.
HR 715. By Representative Kirby of the 114th:
A RESOLUTION congratulating the Loganville Christian Academy Varsity Basketball Team on winning the 2013 Georgia Independent Schools Association AAA State Championship; and for other purposes.
HR 716. By Representatives Brooks of the 55th, Williams of the 168th, Howard of the 124th, Mayo of the 84th, Smith of the 125th and others:

2500

JOURNAL OF THE HOUSE

A RESOLUTION honoring and recognizing Dorothy Grant Owens on her 85th birthday; and for other purposes.

HR 717. By Representative Tanner of the 9th:

A RESOLUTION recognizing and commending Jeff Clymer on the occasion of his retirement; and for other purposes.

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 61 SB 66 SB 120

Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 51st
Chairman

The Speaker Pro Tem assumed the Chair.

The Speaker Pro Tem announced the House in recess for ten minutes.

The Speaker Pro Tem called the House to order.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:

A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014.

The Speaker Pro Tem announced the House in recess subject to the call of the Chair.

The Speaker Pro Tem called the House to order.

TUESDAY, MARCH 12, 2013

2501

Under the general order of business, established by the Committee on Rules, the following Bill of the House, having previously been read, was again taken up for consideration:
HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014.
The following Committee substitute was read:
HOUSE SUBSTITUTE A BILL TO BE ENTITLED
AN ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

The sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014, 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

$40,943,329,013 $11,566,355,813
$96,773,342 $102,672,024
$14,141,291 $15,977,927
$1,143,641,430
$73,978,576 $51,766,614 $20,886,897

2502

JOURNAL OF THE HOUSE

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 Research Funds State Funds 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

Section 1: Georgia Senate Total Funds

$5,920,696,138 $47,141,096 $2,141,120 $89,752,473
$250,774,518 $9,551,600
$346,977,739 $3,379,483,028
$125,727,073
$8,525,193
$241,475
$13,704,454 $103,255,951 $5,492,518,715 $2,946,721,204 $139,386,524 $360,652,616
$18,320,097 $2,027,438,274 $19,864,261,481
$1,988,502 $241,674,441 $910,819,213 $975,897,108 $167,756,401 $17,422,367,055 $143,758,761 $3,894,465,931 $3,337,088,823 $280,857,262
$64,637,969 $50,146,672 $161,735,205
$10,374,470

TUESDAY, MARCH 12, 2013

2503

State Funds State General Funds

$10,374,470 $10,374,470

1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds

$1,212,241 $1,212,241 $1,212,241

1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds

$1,114,623 $1,114,623 $1,114,623

1.3. Senate Total Funds State Funds State General Funds

$7,048,447 $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 expertise to the State Senate.

Total Funds

$999,159

State Funds

$999,159

State General Funds

$999,159

Section 2: Georgia House of Representatives Total Funds State Funds
State General Funds

$18,416,477 $18,416,477 $18,416,477

2.1. House of Representatives

Total Funds

$18,416,477

State Funds

$18,416,477

State General Funds

$18,416,477

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$18,631,809 $18,631,809

2504

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reduce funds for operating expenses. Amount appropriated in this Act

$174,602
($389,934) $18,416,477

$174,602
($389,934) $18,416,477

Section 3: Georgia General Assembly Joint Offices Total Funds State Funds
State General Funds

$9,888,573 $9,888,573 $9,888,573

3.1. Ancillary Activities

Purpose: The purpose of this appropriation is to provide services for the legislative branch of government.

Total Funds

$4,639,902

State Funds

$4,639,902

State General Funds

$4,639,902

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,807,892

$4,807,892

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$27,677

$27,677

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$1,054

$1,054

Reflect an adjustment in telecommunications expenses.

$20,927

$20,927

Reduce funds for operating expenses.

($217,648)

($217,648)

Amount appropriated in this Act

$4,639,902

$4,639,902

3.2. Legislative Fiscal Office

Purpose: The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments.

Total Funds

$2,296,176

State Funds

$2,296,176

State General Funds

$2,296,176

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,290,157

$2,290,157

TUESDAY, MARCH 12, 2013

2505

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Increase funds to reflect an adjustment in TeamWorks billings. Reduce funds for operating expenses. Amount appropriated in this Act

$25,742
$3,436 ($23,159) $2,296,176

$25,742
$3,436 ($23,159) $2,296,176

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

$2,952,495

State Funds

$2,952,495

State General Funds

$2,952,495

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,938,942

$2,938,942

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$43,376

$43,376

Reduce funds for operating expenses.

($29,823)

($29,823)

Amount appropriated in this Act

$2,952,495

$2,952,495

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

$30,611,052 $42,000 $42,000
$30,479,052 $30,479,052
$90,000 $90,000

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 audit 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.

2506

JOURNAL OF THE HOUSE

Total Funds

$26,568,420

Other Funds

$42,000

Other Funds - Not Specifically Identified

$42,000

State Funds

$26,436,420

State General Funds

$26,436,420

Intra-State Government Transfers

$90,000

Other Intra-State Government Payments

$90,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$26,482,810 $26,821,520

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$552,525

$552,525

Increase funds to reflect an adjustment in TeamWorks billings.

$1,580

$1,580

Reflect an adjustment in telecommunications expenses.

$5,780

$5,780

Reduce other funds for American Recovery and Reinvestment Act audit work required for FY 2014.

$0

($206,710)

Reduce funds for personal services and operating expenses.

($606,275)

($606,275)

Amount appropriated in this Act

$26,436,420 $26,568,420

4.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all Department programs.

Total Funds

$1,669,955

State Funds

$1,669,955

State General Funds

$1,669,955

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,639,202

$1,639,202

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$30,233

$30,233

Increase funds to reflect an adjustment in TeamWorks billings.

$260

$260

Reflect an adjustment in telecommunications expenses.

$260

$260

Amount appropriated in this Act

$1,669,955

$1,669,955

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

TUESDAY, MARCH 12, 2013

2507

laws related to the federal work authorization program E-Verify. Total Funds State Funds State General Funds

$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

$248,987

State Funds

$248,987

State General Funds

$248,987

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$247,561

$247,561

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,426

$1,426

Amount appropriated in this Act

$248,987

$248,987

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

$2,103,690

State Funds

$2,103,690

State General Funds

$2,103,690

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,060,650

$2,060,650

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$42,461

$42,461

Increase funds to reflect an adjustment in TeamWorks billings.

$124

$124

Reflect an adjustment in telecommunications expenses.

$455

$455

Amount appropriated in this Act

$2,103,690

$2,103,690

2508

JOURNAL OF THE HOUSE

Section 5: Appeals, Court of Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$14,592,472 $150,000 $150,000
$14,442,472 $14,442,472

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

$14,592,472

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$14,442,472

State General Funds

$14,442,472

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,106,000 $14,256,000

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$246,043

$246,043

Increase funds to reflect an adjustment in TeamWorks billings.

$276

$276

Reflect an adjustment in telecommunications expenses.

$3,062

$3,062

Increase funds for personal services eliminated in previous budget reductions.

$112,508

$112,508

Increase funds for maintenance fees associated with docket software.

$33,000

$33,000

Eliminate one-time funds used to purchase software to automate receipt of trial court records to support the e-filing initiative.

($66,000)

($66,000)

Increase funds for a one-time purchase of software for e-voting.

$30,000

$30,000

Increase funds to reflect an adjustment in real estate rentals.

$10,459

$10,459

Increase funds for online legal subscriptions.

$1,124

$1,124

Eliminate one-time funds used to replace computers.

($34,000)

($34,000)

Amount appropriated in this Act

$14,442,472 $14,592,472

Section 6: Judicial Council Total Funds Federal Funds and Grants

$16,068,633 $2,552,935

TUESDAY, MARCH 12, 2013

2509

Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$2,552,935 $1,144,998
$876,093 $268,905 $12,370,700 $12,370,700

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

$353,015

State Funds

$353,015

State General Funds

$353,015

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$431,821

$431,821

Reduce funding for one position.

($78,806)

($78,806)

Amount appropriated in this Act

$353,015

$353,015

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. Georgia Statewide Judiciary e-Filing

Purpose: The purpose of this appropriation is to provide for the development and implementation of civil e-filing in all classes of court throughout the judiciary statewide.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2510

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Increase funds to support the statewide e-filing initiative. Amount appropriated in this Act

State Funds $0 $0 $0

Total Funds $0 $0 $0

6.4. 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

$1,174,992

Other Funds

$703,203

Agency Funds

$703,203

State Funds

$471,789

State General Funds

$471,789

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$461,789

$1,164,992

Increase funds for training of judges.

$10,000

$10,000

Amount appropriated in this Act

$471,789

$1,174,992

6.5. 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

$13,049,232

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

$10,227,392

State General Funds

$10,227,392

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 12, 2013

2511

Amount from prior Appropriation Act (HB 742) Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Increase funds to reflect an adjustment in TeamWorks billings. Reflect an adjustment in telecommunications expenses. Increase funds for the expansion of rural judicial circuits. Increase funds for personal services and operating expenses to hire an executive director position. Reduce funds. Amount appropriated in this Act

State Funds $10,218,036
$137,301
$2,996 ($28,761)
$0 $0
($102,180) $10,227,392

Total Funds $13,039,876
$137,301
$2,996 ($28,761)
$0 $0
($102,180) $13,049,232

6.6. 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

$518,504

State Funds

$518,504

State General Funds

$518,504

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$512,215

$512,215

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$8,420

$8,420

Reflect an adjustment in telecommunications expenses.

($2,131)

($2,131)

Amount appropriated in this Act

$518,504

$518,504

6.7. 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

2512

JOURNAL OF THE HOUSE

Section 7: Juvenile Courts Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified State Funds
State General Funds

$7,237,077 $447,456 $447,456
$6,789,621 $6,789,621

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

$1,932,682

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

State Funds

$1,485,226

State General Funds

$1,485,226

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,470,066

$1,917,522

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$29,593

$29,593

Reflect an adjustment in telecommunications expenses.

$268

$268

Reduce funds.

($14,701)

($14,701)

Amount appropriated in this Act

$1,485,226

$1,932,682

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

$66,110,969 $1,802,127 $1,802,127
$64,308,842 $64,308,842

TUESDAY, MARCH 12, 2013

2513

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

$185,580

State Funds

$185,580

State General Funds

$185,580

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$187,455

$187,455

Reduce funds.

($1,875)

($1,875)

Amount appropriated in this Act

$185,580

$185,580

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

$59,886,903

Other Funds

$1,802,127

Other Funds - Not Specifically Identified

$1,802,127

State Funds

$58,084,776

State General Funds

$58,084,776

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$52,881,965 $54,684,092

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,088,882

$1,088,882

Transfer funds from the Prosecuting Attorney's Council program to align retirement premiums to the correct program.

$1,125,097

$1,125,097

Increase funds for District Attorney travel.

$155,947

$155,947

Annualize funds provided in HB 742 (2012 Session) for deferred promotions for assistant district attorneys.

$0

$0

Annualize funds provided in HB 742 (2012 Session) for two Assistant District Attorneys reflecting the increase of new judgeships in Piedmont and Bell-Forsyth.

$104,522

$104,522

Increase funds for promotional increases for experienced assistant district attorneys.

$1,734,320

$1,734,320

Increase funds for 25 additional assistant district attorneys.

$941,782

$941,782

2514

JOURNAL OF THE HOUSE

Provide funds authorized in HB 451 (2013 Session) for one Assistant District Attorney starting January 1, 2014 reflecting the increase of a new judgeship in the Chattahoochee Judicial District.
Amount appropriated in this Act

$52,261

$52,261

$58,084,776 $59,886,903

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

$6,038,486

State Funds

$6,038,486

State General Funds

$6,038,486

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,005,291

$7,005,291

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$57,920

$57,920

Increase funds to reflect an adjustment in TeamWorks billings.

$3,981

$3,981

Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.

$12,831

$12,831

Transfer funds to the District Attorneys program to align retirement premiums to the correct program.

($1,125,097) ($1,125,097)

Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

$58,218

$58,218

Increase funds for promotional increases for seven experienced attorneys.

$25,342

$25,342

Amount appropriated in this Act

$6,038,486

$6,038,486

Section 9: Superior Courts Total Funds State Funds
State General Funds

$62,338,228 $62,338,228 $62,338,228

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

$1,317,171

State Funds

$1,317,171

TUESDAY, MARCH 12, 2013

2515

State General Funds

$1,317,171

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,291,377

$1,291,377

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$25,130

$25,130

Reflect an adjustment in telecommunications expenses.

$473

$473

Increase funds to reflect an adjustment in real estate rentals.

$1,405

$1,405

Increase funds for temporary labor and interns.

$11,700

$11,700

Reduce funds.

($12,914)

($12,914)

Amount appropriated in this Act

$1,317,171

$1,317,171

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

$2,468,886

State Funds

$2,468,886

State General Funds

$2,468,886

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,336,893

$2,336,893

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$46,442

$46,442

Increase funds for personal services eliminated in previous budget reductions.

$18,051

$18,051

Increase funds for operating expenses eliminated in previous budget reductions.

$67,500

$67,500

Amount appropriated in this Act

$2,468,886

$2,468,886

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

$58,552,171

State Funds

$58,552,171

State General Funds

$58,552,171

2516

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 (HB 742)

$57,476,772 $57,476,772

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$297,307

$297,307

Increase funds to reflect an adjustment in TeamWorks billings.

$3,816

$3,816

Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System.

$80,407

$80,407

Increase funds for personal services eliminated in previous budget reductions.

$168,558

$168,558

Increase funds for personal services for pay adjustments for 30 secretaries.

$0

$0

Increase funds for two law clerk positions.

$0

$0

Annualize funds provided in HB 742 (2012 Session) reflecting the increase of new judgeships in the Piedmont and Bell-Forsyth judicial districts.

$350,207

$350,207

Reduce funds for senior judges and combine remaining funds for

$0

$0

accountability court senior judges and general usage senior judges

into one category.

Provide funds authorized in HB 451 (2013 Session) for a Superior Court Judgeship in the Chattahoochee Judicial District starting January 1, 2014.

$175,104

$175,104

Amount appropriated in this Act

$58,552,171 $58,552,171

Section 10: Supreme Court Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$11,252,383 $1,859,823 $1,859,823 $9,392,560 $9,392,560

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

$11,252,383

TUESDAY, MARCH 12, 2013

2517

Other Funds

$1,859,823

Other Funds - Not Specifically Identified

$1,859,823

State Funds

$9,392,560

State General Funds

$9,392,560

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,093,297 $10,953,120

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$146,611

$146,611

Increase funds to reflect an adjustment in TeamWorks billings.

$835

$835

Reflect an adjustment in telecommunications expenses.

($32,455)

($32,455)

Increase funds for one staff attorney position.

$62,357

$62,357

Increase funds to digitize paper records from calendar year 2012 cases.

$34,875

$34,875

Increase funds for the conversion of microfilm to digital records.

$79,500

$79,500

Increase funds to reflect an adjustment in real estate rentals.

$7,540

$7,540

Amount appropriated in this Act

$9,392,560 $11,252,383

Section 11: Accounting Office, State Total Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$20,036,232 $3,623,730 $3,623,730
$16,412,502 $16,412,502

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

$20,036,232

State Funds

$3,623,730

State General Funds

$3,623,730

Intra-State Government Transfers

$16,412,502

Other Intra-State Government Payments

$16,412,502

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2518

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reduce funds for personal services. Eliminate contract funds with the Carl Vinson Institute of Government for training. Increase billings for TeamWorks Financials to reflect statewide adjustments. Amount appropriated in this Act

State Funds $3,781,064
$64,117
($61,155) ($70,296) ($90,000)
$0
$3,623,730

Total Funds $19,476,387
$64,117
($61,155) ($70,296) ($90,000)
$717,179
$20,036,232

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 Other Intra-State Government Payments Self Insurance Trust Fund Payments

$199,185,299 $23,311,543 $14,963,076 $8,348,467 $5,484,066 $5,484,066
$170,389,690 $8,654,485
$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. 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

$343,507

State Funds

$343,507

State General Funds

$343,507

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$337,355

$337,355

Eliminate one-time funds for HR 1160 and HR 1161 (2012 Session).

($337,355)

($337,355)

TUESDAY, MARCH 12, 2013

2519

Provide funding for HR 73 (2013 Session). Amount appropriated in this Act

$343,507 $343,507

$343,507 $343,507

12.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$6,079,732

Other Funds

$5,729,732

Other Funds - Not Specifically Identified

$5,729,732

State Funds

$350,000

State General Funds

$350,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$5,729,732

Transfer funds from the Office of Consumer Protection for Team Georgia personal services and operating expenses.

$350,000

$350,000

Amount appropriated in this Act

$350,000

$6,079,732

12.3. 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

12.4. 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

Intra-State Government Transfers

$8,654,485

Other Intra-State Government Payments

$8,654,485

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

2520

JOURNAL OF THE HOUSE

public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers Compensation Program.

Total Funds

$162,735,205

State Funds

$1,000,000

State General Funds

$1,000,000

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 (HB 742)

$0 $161,735,205

Increase funds for the Peace Officer's Indemnification Trust Fund.

$1,000,000

$1,000,000

Amount appropriated in this Act

$1,000,000 $162,735,205

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

$10,719,374

Other Funds

$10,719,374

Agency Funds

$10,319,374

Other Funds - Not Specifically Identified

$400,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $10,319,374

The Department is authorized to retain only $10,719,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $600,000 to the State Accounting Office for expenses due to Team Georgia marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year.

$0

$400,000

Amount appropriated in this Act

$0 $10,719,374

12.7. Surplus Property Purpose: The purpose of this appropriation is to reduce cost through maximization of the useful life

TUESDAY, MARCH 12, 2013

2521

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

$39,506

State Funds

$39,506

State General Funds

$39,506

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$40,728

$40,728

Reduce funds for operating expenses.

($1,222)

($1,222)

Amount appropriated in this Act

$39,506

$39,506

12.9. 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

$4,191,536

Other Funds

$1,300,805

Agency Funds

$1,300,805

State Funds

$2,890,731

State General Funds

$2,890,731

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,929,938

$4,230,743

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$48,660

$48,660

Increase funds to reflect an adjustment in TeamWorks billings.

$31

$31

Reduce funds for the Tax Court based on projected expenditures.

($9,788)

($9,788)

2522

JOURNAL OF THE HOUSE

Reduce funds for a vacant judge position and replace with a temporary position.
Amount appropriated in this Act

($78,110) $2,890,731

($78,110) $4,191,536

12.10. 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

$3,342,897

Other Funds

$3,342,897

Agency Funds

$3,342,897

12.11. Payments to Georgia Aviation Authority

Purpose: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property.

Total Funds

$860,322

State Funds

$860,322

State General Funds

$860,322

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,540,251

$1,540,251

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$58,496

$58,496

Reflect an adjustment in telecommunications expenses.

$7,783

$7,783

Reduce funds for contractual services.

($46,208)

($46,208)

Reduce funds to align budget with expenditures.

($700,000)

($700,000)

Amount appropriated in this Act

$860,322

$860,322

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

$50,679,818 $7,163,980 $7,163,980 $3,454,038 $3,454,038
$40,061,800 $40,061,800

TUESDAY, MARCH 12, 2013

2523

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

$2,855,370

State Funds

$2,855,370

State General Funds

$2,855,370

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,810,149

$2,810,149

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$18,991

$18,991

Annualize the FY 2013 increase for the employer share of health insurance and Teachers' Retirement System.

$20,238

$20,238

Increase funds to reflect an increase in the employer share of health insurance.

$5,992

$5,992

Amount appropriated in this Act

$2,855,370

$2,855,370

13.2. Consumer Protection

Purpose: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.

Total Funds

$32,162,065

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

$23,532,081

State General Funds

$23,532,081

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2524

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742)
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Reduce funds for real estate rentals to recognize savings from consolidating office space.
Reduce funds for personal services as a result of cross-training and staff reorganization in the program.
Reduce funds for motor vehicle purchases.
Transfer funds to the Marketing and Promotion program for farmers' market expenses resulting from consumer protection inspections.
Reduce funds for operating expenses.
Amount appropriated in this Act

State Funds $24,325,136
$390,561
($104,405) ($140,239)
($280,765)
($121,000) ($472,013)

Total Funds $32,955,120
$390,561
($104,405) ($140,239)
($280,765)
($121,000) ($472,013)

($65,194) $23,532,081

($65,194) $32,162,065

13.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$4,462,938

State Funds

$4,462,938

State General Funds

$4,462,938

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,558,992

$4,558,992

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$70,480

$70,480

Increase funds to reflect an adjustment in TeamWorks billings.

$3,262

$3,262

Reflect an adjustment in telecommunications expenses.

($27,776)

($27,776)

Reduce funds for personal services as a result of cross-training and staff reorganization in the program.

($142,020)

($142,020)

Amount appropriated in this Act

$4,462,938

$4,462,938

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

$7,562,399

TUESDAY, MARCH 12, 2013

2525

Federal Funds and Grants

$35,000

Federal Funds Not Specifically Identified

$35,000

Other Funds

$1,953,034

Other Funds - Not Specifically Identified

$1,953,034

State Funds

$5,574,365

State General Funds

$5,574,365

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,991,729

$6,979,763

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$60,786

$60,786

Reflect an adjustment in telecommunications expenses.

($42,911)

($42,911)

Reduce funds for real estate rentals to recognize savings from consolidating office space.

($36,046)

($36,046)

Reduce funds for personal services as a result of cross-training and staff reorganization in the program.

($189,324)

($189,324)

Eliminate contract funds for the Brussels office.

($81,882)

($81,882)

Transfer funds from the Consumer Protection program for farmers' market expenses resulting from consumer protection inspections.

$472,013

$472,013

Eliminate funds for the H1B/H2A Guest Worker program.

($150,000)

($150,000)

Increase funds for operating expenses related to issuing Georgia Agricultural Tax Exemption certificates.

$550,000

$550,000

Amount appropriated in this Act

$5,574,365

$7,562,399

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

$2,680,399

State Funds

$2,680,399

State General Funds

$2,680,399

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,763,298

$2,763,298

Reduce funds for operating expenses.

($82,899)

($82,899)

Amount appropriated in this Act

$2,680,399

$2,680,399

2526

JOURNAL OF THE HOUSE

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

$956,647

State Funds

$956,647

State General Funds

$956,647

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,284,739

$1,284,739

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$10,450

$10,450

Reduce funds for operating expenses.

($38,542)

($38,542)

Reduce funds to recognize savings from energy efficiency investments and horse stable enhancements.

($100,000)

($100,000)

Replace state funds with other funds.

($200,000)

($200,000)

Amount appropriated in this Act

$956,647

$956,647

Section 14: Banking and Finance, Department of Total Funds State Funds
State General Funds

$11,204,723 $11,204,723 $11,204,723

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

$222,101

State Funds

$222,101

State General Funds

$222,101

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$218,206

$218,206

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$4,035

$4,035

Increase funds to reflect an adjustment in TeamWorks billings.

$20

$20

Reflect an adjustment in telecommunications expenses.

($160)

($160)

TUESDAY, MARCH 12, 2013

2527

Amount appropriated in this Act

$222,101

$222,101

14.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$2,000,513

State Funds

$2,000,513

State General Funds

$2,000,513

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,014,908

$2,014,908

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$36,880

$36,880

Increase funds to reflect an adjustment in TeamWorks billings.

$185

$185

Reflect an adjustment in telecommunications expenses.

($1,460)

($1,460)

Transfer funds for personal services to the Non-Depository Financial Institution Supervision program.

($50,000)

($50,000)

Amount appropriated in this Act

$2,000,513

$2,000,513

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

$7,048,996

State Funds

$7,048,996

State General Funds

$7,048,996

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,215,024

$7,215,024

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$133,946

$133,946

Increase funds to reflect an adjustment in TeamWorks billings.

$673

$673

Reflect an adjustment in telecommunications expenses.

($5,302)

($5,302)

Eliminate funds for one filled position, funds for part-time labor, and hold two positions vacant.

($276,823)

($276,823)

2528

JOURNAL OF THE HOUSE

Reduce funds for operating expenses. Reduce funds for travel. Amount appropriated in this Act

($3,890) ($14,632) $7,048,996

($3,890) ($14,632) $7,048,996

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 enforcing applicable laws and regulations, and providing efficient and flexible application, registrations and notification procedures for non-depository financial institutions.

Total Funds

$1,933,113

State Funds

$1,933,113

State General Funds

$1,933,113

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,908,973

$1,908,973

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$35,362

$35,362

Increase funds to reflect an adjustment in TeamWorks billings.

$178

$178

Reflect an adjustment in telecommunications expenses.

($1,400)

($1,400)

Reduce funds for operating expenses.

($1,512)

($1,512)

Eliminate contract funds for temporary labor.

($20,000)

($20,000)

Eliminate funds for part-time labor.

($38,488)

($38,488)

Transfer funds for personal services from the Departmental Administration program.

$50,000

$50,000

Amount appropriated in this Act

$1,933,113

$1,933,113

Section 15: Behavioral Health and Developmental Disabilities, Department of Total Funds Federal Funds and Grants
Community Mental Health Services Block Grant Medical Assistance Program Prevention and Treatment of Substance Abuse Block Grant Social Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds

$1,161,097,143 $145,162,586 $14,141,291 $25,842,909 $46,889,589 $35,981,142 $11,568,720 $10,738,935 $57,386,530 $48,700,361

TUESDAY, MARCH 12, 2013

2529

Other Funds - Not Specifically Identified State Funds
State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$8,686,169 $956,128,317 $945,873,179
$10,255,138 $2,419,710 $2,419,710

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, and to provide assistance for compulsive gamblers.

Total Funds

$89,482,605

Federal Funds and Grants

$44,990,790

Medical Assistance Program

$200,000

Prevention and Treatment of Substance Abuse Block Grant

$30,722,070

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

$44,056,612

State General Funds

$44,056,612

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$45,076,146 $90,502,139

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$203,634

$203,634

Reflect an adjustment in telecommunications expenses.

$8,260

$8,260

Transfer funds to the Adult Forensic Services program to properly align program purpose and expenditures.

($1,231,428)

($1,231,428)

Amount appropriated in this Act

$44,056,612 $89,482,605

15.2. Adult Developmental Disabilities Services

Purpose: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line.

Total Funds

$340,632,076

Federal Funds and Grants

$38,480,753

2530

JOURNAL OF THE HOUSE

Medical Assistance Program

$12,336,582

Social Services Block Grant

$26,144,171

Other Funds

$30,379,126

Agency Funds

$26,931,226

Other Funds - Not Specifically Identified

$3,447,900

State Funds

$271,772,197

State General Funds

$261,517,059

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 (HB 742)

$274,751,725 $333,643,509

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,474,781

$1,474,781

Reflect an adjustment in telecommunications expenses.

$127,627

$127,627

Increase funds for 250 additional slots for the New Options Waiver (NOW) and Comprehensive Waiver (COMP) and to annualize the cost of 250 FY 2013 waiver slots for the developmentally disabled to meet the requirements of the Department of Justice Settlement Agreement.

$11,966,160 $11,966,160

Increase funds for developmental disabilities consumers in community settings to comply with the requirements of the Department of Justice Settlement Agreement (excludes waivers).

$1,872,000

$1,872,000

Reduce funds to reflect savings from administrative efficiencies at regional offices.

($250,000)

($250,000)

Reduce funds to reflect a change in the federal participation rate

($558,543)

$0

from 65.71% in FY 2013 to 65.84% in FY 2014.

Reduce funds to reflect savings from unit closures at state hospitals.

($10,500,000) ($10,500,000)

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$2,297,999

$2,297,999

Replace state funds with Medicaid Upper Payment Limit and Cost ($9,409,552)

$0

Settlement revenue.

Amount appropriated in this Act

$271,772,197 $340,632,076

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

$79,631,880

Other Funds

$26,500

TUESDAY, MARCH 12, 2013

2531

Other Funds - Not Specifically Identified

$26,500

State Funds

$79,605,380

State General Funds

$79,605,380

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$68,388,654 $68,415,154

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,337,336

$1,337,336

Reflect an adjustment in telecommunications expenses.

$3,589

$3,589

Transfer funds from the Adult Addictive Disease Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to properly align program purpose and expenditures.

$2,334,600

$2,334,600

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$4,853,320

$4,853,320

Transfer funds from the Direct Care Support Services program to meet projected treatment mall expenditures.

$2,687,881

$2,687,881

Amount appropriated in this Act

$79,605,380 $79,631,880

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

$325,621,213

Federal Funds and Grants

$16,835,491

Community Mental Health Services Block Grant

$6,703,760

Medical Assistance Program

$2,070,420

Federal Funds Not Specifically Identified

$8,061,311

Other Funds

$2,303,357

Agency Funds

$1,130,000

Other Funds - Not Specifically Identified

$1,173,357

State Funds

$306,482,365

State General Funds

$306,482,365

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$279,744,235 $298,794,728

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,628,658

$1,628,658

Reflect an adjustment in telecommunications expenses.

$27,081

$27,081

2532

JOURNAL OF THE HOUSE

Increase funds for mental health consumers in community settings to comply with the requirements of the Department of Justice Settlement Agreement.
Transfer funds to the Adult Forensic Services program to properly align program purpose and expenditures.
Increase funds for Medicaid growth.
Reduce funds to reflect savings from administrative efficiencies at regional offices.
Reduce funds to reflect completion of the Opening Doors to Recovery Project.
Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.
Transfer funds from the Direct Care Support Services program to meet projected treatment mall expenditures.
Reduce funds to reflect a change in the federal participation rate from 65.71% in FY 2013 to 65.84% in FY 2014.
Amount appropriated in this Act

$21,557,465
($1,103,172) $1,250,000 ($500,000) ($250,000) $2,072,629 $2,143,824 ($88,355)
$306,482,365

$21,557,465
($1,103,172) $1,250,000 ($500,000) ($250,000) $2,072,629 $2,143,824 $0
$325,621,213

15.5. Adult Nursing Home Services

Purpose: The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness or developmental disabilities.

Total Funds

$14,456,755

Other Funds

$6,330,069

Agency Funds

$6,330,069

State Funds

$8,126,686

State General Funds

$8,126,686

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,883,629 $11,213,698

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$78,487

$78,487

Reflect an adjustment in telecommunications expenses.

$1,487

$1,487

Reduce funds to reflect savings from closure of the Craig Nursing Home.

($100,000)

($100,000)

Transfer funds from the Direct Care Support Services program to properly align budget to expenditures.

$3,263,083

$3,263,083

Amount appropriated in this Act

$8,126,686 $14,456,755

TUESDAY, MARCH 12, 2013

2533

15.6. Child and Adolescent Addictive Diseases Services

Purpose: The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$9,436,451

Federal Funds and Grants

$6,164,874

Medical Assistance Program

$236,074

Prevention and Treatment of Substance Abuse Block Grant

$5,928,800

State Funds

$3,271,577

State General Funds

$3,271,577

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,273,354

$9,428,154

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$6,997

$6,997

Reflect an adjustment in telecommunications expenses.

$1,300

$1,300

Reduce funds to reflect a change in the federal participation rate

($10,074)

$0

from 65.71% in FY 2013 to 65.84% in FY 2014.

Amount appropriated in this Act

$3,271,577

$9,436,451

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

$12,010,856

Federal Funds and Grants

$3,539,051

Medical Assistance Program

$3,539,051

State Funds

$8,471,805

State General Funds

$8,471,805

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,345,916 $11,494,608

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$12,024

$12,024

Reflect an adjustment in telecommunications expenses.

$4,224

$4,224

Increase funds for the Marcus Autism Center.

$250,000

$500,000

Reduce funds to reflect a change in the federal participation rate

($140,359)

$0

from 65.71% in FY 2013 to 65.84% in FY 2014.

Amount appropriated in this Act

$8,471,805 $12,010,856

2534

JOURNAL OF THE HOUSE

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

$5,146,102

State Funds

$5,146,102

State General Funds

$5,146,102

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,301,930

$3,301,930

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$40,774

$40,774

Reflect an adjustment in telecommunications expenses.

$3,398

$3,398

Transfer funds for the Turner Center from the Child and Adolescent Mental Health Services program to properly align program purpose and expenditures.

$1,800,000

$1,800,000

Amount appropriated in this Act

$5,146,102

$5,146,102

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

$87,962,872

Federal Funds and Grants

$10,324,515

Community Mental Health Services Block Grant

$7,437,531

Medical Assistance Program

$2,886,984

Other Funds

$2,669,781

Agency Funds

$85,000

Other Funds - Not Specifically Identified

$2,584,781

State Funds

$74,968,576

State General Funds

$74,968,576

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$75,502,819 $88,373,914

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$130,880

$130,880

Reflect an adjustment in telecommunications expenses.

$8,078

$8,078

TUESDAY, MARCH 12, 2013

2535

Transfer funds for the Turner Center to the Child and Adolescent Forensic Services program to properly align program purpose and expenditures.
Increase funds for Medicaid growth.
Reduce funds to reflect a change in the federal participation rate from 65.71% in FY 2013 to 65.84% in FY 2014.
Amount appropriated in this Act

($1,800,000) ($1,800,000)

$1,250,000 ($123,201)
$74,968,576

$1,250,000 $0
$87,962,872

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

$48,681,492

Federal Funds and Grants

$11,910,769

Medical Assistance Program

$4,573,798

Social Services Block Grant

$7,336,971

Other Funds

$22,133

Agency Funds

$22,133

State Funds

$36,748,590

State General Funds

$36,748,590

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$36,672,440 $48,410,157

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$367,577

$367,577

Increase funds to reflect an adjustment in TeamWorks billings.

$65,234

$65,234

Reflect an adjustment in telecommunications expenses.

$88,524

$88,524

Reduce funds to reflect savings from administrative efficiencies.

($250,000)

($250,000)

Reduce funds to reflect a change in the federal participation rate

($195,185)

$0

from 65.71% in FY 2013 to 65.84% in FY 2014.

Amount appropriated in this Act

$36,748,590 $48,681,492

15.11. Direct Care Support Services

Purpose: The purpose of this appropriation is to operate six state-owned and operated hospitals.

Total Funds

$134,195,386

Other Funds

$15,220,361

Agency Funds

$13,767,030

Other Funds - Not Specifically Identified

$1,453,331

State Funds

$116,555,315

2536

JOURNAL OF THE HOUSE

State General Funds

$116,555,315

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 (HB 742)

$137,351,122 $154,991,193

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,084,771

$2,084,771

Reflect an adjustment in telecommunications expenses.

$438,158

$438,158

Reduce funds for personal services.

($2,000,000) ($2,000,000)

Reduce funds for contractual services.

($1,500,000) ($1,500,000)

Transfer funds to the Adult Developmental Disabilities Services ($2,297,999), Adult Forensic Services ($4,853,320), Adult Mental Health Services ($2,072,629), and Adult Nursing Home Services ($3,263,083) programs to properly align budget to expenditures.

($12,487,031)

($12,487,031)

Transfer funds to Adult Forensic Services ($2,687,881) and Adult Mental Health Services ($2,143,824) to meet projected treatment mall expenditures.

($4,831,705) ($4,831,705)

Reduce funds to reflect savings from discontinuation of cook-chill and other ancillary services at Central State Hospital.

($2,500,000)

($2,500,000)

Amount appropriated in this Act

$116,555,315 $134,195,386

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

$10,472,271

Federal Funds and Grants

$10,238,719

Prevention and Treatment of Substance Abuse Block Grant

$10,238,719

State Funds

$233,552

State General Funds

$233,552

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$233,007 $10,471,726

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$463

$463

Reflect an adjustment in telecommunications expenses.

$82

$82

Amount appropriated in this Act

$233,552 $10,472,271

TUESDAY, MARCH 12, 2013

2537

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

$2,721,777

Federal Funds and Grants

$2,677,624

Federal Funds Not Specifically Identified

$2,677,624

State Funds

$44,153

State General Funds

$44,153

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$44,635

$2,722,259

Reflect an adjustment in telecommunications expenses.

$857

$857

Reduce funds for operating expenses.

($1,339)

($1,339)

Amount appropriated in this Act

$44,153

$2,721,777

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

$645,407

State Funds

$645,407

State General Funds

$645,407

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$656,279

$656,279

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$7,370

$7,370

Reflect an adjustment in telecommunications expenses.

$1,446

$1,446

Reduce funds for operating expenses.

($19,688)

($19,688)

Amount appropriated in this Act

$645,407

$645,407

Section 16: Community Affairs, Department of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds

$244,914,840 $172,892,464 $172,892,464
$13,180,869

2538

JOURNAL OF THE HOUSE

Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$55,284 $13,125,585 $58,841,507 $58,841,507

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

$563,572

Federal Funds and Grants

$75,116

Federal Funds Not Specifically Identified

$75,116

Other Funds

$257,804

Other Funds - Not Specifically Identified

$257,804

State Funds

$230,652

State General Funds

$230,652

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$229,373

$562,293

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$4,512

$4,512

Reflect an adjustment in telecommunications expenses.

($3,233)

($3,233)

Amount appropriated in this Act

$230,652

$563,572

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

$3,757,662

Other Funds

$126,906

Other Funds - Not Specifically Identified

$126,906

State Funds

$3,630,756

State General Funds

$3,630,756

TUESDAY, MARCH 12, 2013

2539

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,023,494

$4,150,400

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$18,051

$18,051

Reflect an adjustment in telecommunications expenses.

($12,932)

($12,932)

Eliminate funds for four filled positions.

($260,686)

($260,686)

Replace state funds with existing other funds for the Keep Georgia Beautiful Foundation contract.

($61,114)

($61,114)

Reduce funds for Regional Commissions.

($76,057)

($76,057)

Amount appropriated in this Act

$3,630,756

$3,757,662

16.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$6,544,662

Federal Funds and Grants

$3,216,000

Federal Funds Not Specifically Identified

$3,216,000

Other Funds

$2,224,681

Other Funds - Not Specifically Identified

$2,224,681

State Funds

$1,103,981

State General Funds

$1,103,981

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,094,847

$6,535,528

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$19,179

$19,179

Increase funds to reflect an adjustment in TeamWorks billings.

$3,695

$3,695

Reflect an adjustment in telecommunications expenses.

($13,740)

($13,740)

Amount appropriated in this Act

$1,103,981

$6,544,662

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

$54,111,158

Federal Funds and Grants

$52,272,828

Federal Funds Not Specifically Identified

$52,272,828

2540

JOURNAL OF THE HOUSE

Other Funds

$305,415

Other Funds - Not Specifically Identified

$305,415

State Funds

$1,532,915

State General Funds

$1,532,915

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,525,558 $54,103,801

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$25,947

$25,947

Reflect an adjustment in telecommunications expenses.

($18,590)

($18,590)

Amount appropriated in this Act

$1,532,915 $54,111,158

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 moderateincome 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

$5,247,652

Federal Funds and Grants

$474,298

Federal Funds Not Specifically Identified

$474,298

Other Funds

$4,773,354

Other Funds - Not Specifically Identified

$4,773,354

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

$1,295,622

Federal Funds and Grants

$108,000

Federal Funds Not Specifically Identified

$108,000

Other Funds

$188,650

Other Funds - Not Specifically Identified

$188,650

State Funds

$998,972

State General Funds

$998,972

TUESDAY, MARCH 12, 2013

2541

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,101,054

$1,397,704

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$20,307

$20,307

Reflect an adjustment in telecommunications expenses.

($14,548)

($14,548)

Transfer funds for one position to State Economic Development Programs.

($30,000)

($30,000)

Eliminate funds for one filled regional director position.

($77,841)

($77,841)

Amount appropriated in this Act

$998,972

$1,295,622

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 low-income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market.

Total Funds

$118,940,343

Federal Funds and Grants

$114,948,262

Federal Funds Not Specifically Identified

$114,948,262

Other Funds

$3,992,081

Other Funds - Not Specifically Identified

$3,992,081

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

$375,887

State Funds

$375,887

State General Funds

$375,887

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$373,968

$373,968

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$6,769

$6,769

Reflect an adjustment in telecommunications expenses.

($4,850)

($4,850)

Amount appropriated in this Act

$375,887

$375,887

2542

JOURNAL OF THE HOUSE

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

$5,503,057

Federal Funds and Grants

$1,702,960

Federal Funds Not Specifically Identified

$1,702,960

Other Funds

$837,205

Other Funds - Not Specifically Identified

$837,205

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

$786,507

Other Funds

$55,284

Agency Funds

$55,284

State Funds

$731,223

State General Funds

$731,223

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$867,579

$922,863

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$15,795

$15,795

Reflect an adjustment in telecommunications expenses.

($11,315)

($11,315)

Transfer funds for one position to State Economic Development Programs.

($40,000)

($40,000)

Eliminate funds for one filled office director position.

($100,836)

($100,836)

Amount appropriated in this Act

$731,223

$786,507

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

$21,418,994

TUESDAY, MARCH 12, 2013

2543

Federal Funds and Grants

$95,000

Federal Funds Not Specifically Identified

$95,000

Other Funds

$240,587

Other Funds - Not Specifically Identified

$240,587

State Funds

$21,083,407

State General Funds

$21,083,407

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$78,596,831 $78,932,418

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,256

$2,256

Reflect an adjustment in telecommunications expenses.

($1,617)

($1,617)

Eliminate one-time funds for Regional Economic Business Assistance grants.

($67,059,063) ($67,059,063)

Increase funds for Regional Economic Business Assistance grants.

$9,475,000

$9,475,000

Transfer funds for one position from Regional Services and State Community Development Programs to assist with processing Regional Economic Business Assistance grants.

$70,000

$70,000

Amount appropriated in this Act

$21,083,407 $21,418,994

The following appropriations are for agencies attached for administrative purposes.

16.12. Payments to Georgia Environmental Finance Authority

Purpose: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

Total Funds

$25,000

State Funds

$25,000

State General Funds

$25,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$298,495

$298,495

Eliminate funds for the Georgia Rural Water Association.

($273,495)

($273,495)

Amount appropriated in this Act

$25,000

$25,000

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,

2544

JOURNAL OF THE HOUSE

producing an annual Air Quality Report, and reviewing Development of Regional Impact.

Total Funds

$11,165,822

State Funds

$11,165,822

State General Funds

$11,165,822

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,041,478

$3,041,478

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$75,742

$75,742

Increase funds to reflect an adjustment in TeamWorks billings.

$163

$163

Reflect an adjustment in telecommunications expenses.

$34,054

$34,054

Eliminate funds for one filled position.

($91,245)

($91,245)

Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds.

$8,105,630

$8,105,630

Amount appropriated in this Act

$11,165,822 $11,165,822

16.14. Payments to OneGeorgia Authority

Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

Total Funds

$15,178,902

Other Funds

$178,902

Other Funds - Not Specifically Identified

$178,902

State Funds

$15,000,000

State General Funds

$15,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$44,806,042 $44,984,944

Eliminate one-time funds for rural economic development.

($44,806,042) ($44,806,042)

Increase funds for rural economic development.

$15,000,000 $15,000,000

Amount appropriated in this Act

$15,000,000 $15,178,902

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

$12,863,867,520 $6,091,885,986 $5,832,059,771
$250,774,518 $9,051,697

TUESDAY, MARCH 12, 2013

2545

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

$245,981,179 $78,582,824
$139,386,524 $10,536,214 $17,475,617
$2,885,824,623 $241,674,441 $167,756,401
$2,366,200,524 $110,193,257
$3,617,946,085 $3,337,088,823
$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

$345,198,815

Federal Funds and Grants

$254,435,077

Medical Assistance Program

$230,745,632

State Children's Insurance Program

$23,036,955

Federal Funds Not Specifically Identified

$652,490

Other Funds

$3,184,039

Agency Funds

$1,611,520

Other Funds - Not Specifically Identified

$1,572,519

State Funds

$65,207,369

State General Funds

$65,207,369

Intra-State Government Transfers

$21,102,191

Health Insurance Payments

$21,102,191

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$67,136,937 $348,571,419

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$452,256

$452,256

Increase funds to reflect an adjustment in TeamWorks billings.

$4,004

$4,004

Reflect an adjustment in telecommunications expenses.

($282,792)

($282,792)

Reduce funds for contractual services.

($1,358,951) ($2,717,902)

Reduce funds for operating expenses.

($243,398)

($486,796)

2546

JOURNAL OF THE HOUSE

Replace state funds with other funds to reflect receipt of Children's Health Insurance Program performance bonus.
Eliminate funds for consulting contract to assess the managed care program.
The Department of Community Health, pursuant to O.C.G.A. 494-142.1, 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.
Amount appropriated in this Act

($330,000) ($170,687)
$0

$0 ($341,374)
$0

$65,207,369 $345,198,815

17.2. Health Care Access and Improvement

Purpose: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health and the Office of Health Information Technology and Transparency.

Total Funds

$28,290,580

Federal Funds and Grants

$588,838

Medical Assistance Program

$416,250

Federal Funds Not Specifically Identified

$172,588

State Funds

$6,742,234

State General Funds

$6,742,234

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,317,234 $28,865,580

Reduce funds for operating expenses for the State Office of Rural Health.

($300,000)

($300,000)

Reduce funds for the Southeastern Firefighters Burn Foundation, Inc.

($25,000)

($25,000)

Reduce one time start-up funds for Federally Qualified Health Centers.

($750,000)

($750,000)

Provide start-up funds through the Georgia Association for Primary Health Care for two Federally Qualified Health Centers in Dawson and Chatham Counties.

$500,000

$500,000

Amount appropriated in this Act

$6,742,234 $28,290,580

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

$15,356,046

TUESDAY, MARCH 12, 2013

2547

Federal Funds and Grants

$8,296,900

Medical Assistance Program

$2,857,495

Federal Funds Not Specifically Identified

$5,439,405

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$6,959,146

State General Funds

$6,959,146

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,124,146 $15,686,046

Reduce funds for personal services and eliminate two vacant positions.

($165,000)

($330,000)

Amount appropriated in this Act

$6,959,146 $15,356,046

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

Purpose: The purpose of this appropriation is to provide health care access to the elderly, disabled, and low-income individuals; there is also hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid into the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31, and the sum of money is appropriated for payments for nursing homes pursuant to Article 6A.

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 (HB 742)

$0

$0

Transfer funds to the new Medicaid program for administering benefits for the aged, blind, and disabled populations.

$0

$0

2548

JOURNAL OF THE HOUSE

Transfer funds to the new Medicaid program for administering benefits for the low-income Medicaid population.
Amount appropriated in this Act

$0

$0

$0

$0

17.6. 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

$4,809,374,717

Federal Funds and Grants

$2,975,354,493

Medical Assistance Program

$2,972,567,279

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

$1,497,888,604

Hospital Provider Payment

$26,178,301

Nursing Home Provider Fees

$167,756,401

State General Funds

$1,303,953,902

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 (HB 742)

$1,395,947,556 $4,492,744,766

Increase funds for growth in Medicaid.

$108,983,707 $319,038,955

Reduce funds to reflect an increase in the Federal Medical

($6,220,152)

$0

Assistance Percentage (FMAP) from 65.71% to 65.84%.

Increase Nursing Home Provider Fees to reflect projected FY 2014 revenue.

$10,311,440 $30,183,505

Reflect savings from eliminating hospital reimbursement for preventable admissions.

($1,715,298) ($5,020,997)

Reflect savings through patient centered outcome incentives for Case Care and Disease Management.

($4,130,279) ($12,090,980)

Reflect savings through better enforcement of level of care qualification analysis for placement into long term care and home and community based services.

($7,225,223) ($21,149,573)

TUESDAY, MARCH 12, 2013

2549

Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.
Reflect savings from the new Medicare based pricing methodology in Ambulatory Payment Classification Outpatient Services Grouper.
Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.
Reflect savings from eliminating Consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management CPT codes.
Reflect savings from reducing provider reimbursement by 0.74% excluding hospitals, primary care, FQHC, RHC, and hospice.
Replace funds reduced in HB 742 (2012 session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections.
Transfer funds to the new Medicaid program for administering benefits for the aged, blind, and disabled populations.
Increase Hospital Provider Payments to reflect projected FY 2014 revenue pending reauthorization.
Reduce funds to reflect collection of Hospital Cost Settlements from FY 2012.
Reduce funds to reflect an unimplemented pharmacy reimbursement policy.
Provide funds for 28 additional Independent Care Waiver Program (ICWP) slots.
Implement a wastage policy to reimburse for single-dose vials administered in the physician office.
Provide funds to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate.
Report to the House and Senate Appropriations Committees on or by December 31, 2013, after reviewing the potential budget effect and administrative burden to families of the current Qualified Income Trust (QIT) policy compared to an Adult Medically Needy spend-down for nursing home clients.
Create a SOURCE Quality Incentive Program based on client satisfaction measures.
Amount appropriated in this Act

($22,398) $0

($65,563) $0

($393,857) ($1,332,104)

($1,152,892) ($3,899,602)

$0 $3,938,398

$0 $11,528,424

$0 $690,260 ($2,584,362) ($1,200,000) $462,525 $1,932,317 $146,074

$0 $2,020,518 ($7,565,463) ($3,512,881) $1,353,996 $5,656,667
$427,617

$0

$0

$300,000

$878,220

$1,497,888,604 $4,809,374,717

2550

JOURNAL OF THE HOUSE

17.7. Medicaid: Low-Income Medicaid

Purpose: The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

Total Funds

$3,595,757,263

Federal Funds and Grants

$2,367,864,241

Medical Assistance Program

$2,367,864,241

Other Funds

$23,303,933

Agency Funds

$12,328,316

Prior Year Funds - Other

$10,975,617

State Funds

$1,191,172,242

Hospital Provider Payment

$213,824,817

State General Funds

$867,154,168

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 (HB 742)

$1,107,417,540 $3,314,151,014

Reduce funds to reflect an increase in the Federal Medical

($4,087,071)

$0

Assistance Percentage (FMAP) from 65.71% to 65.84%.

Increase funds for growth in Medicaid.

$74,312,629 $217,542,824

Transfer funds from PeachCare to reflect the transfer of PeachCare for Kids children aged 6-18 falling between 100%133% of the Federal Poverty Level to Low Income Medicaid.

$13,356,832 $55,851,273

Reflect savings from eliminating hospital reimbursement for preventable admissions.

($1,169,609) ($3,423,663)

Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

($15,272)

($44,705)

Reflect savings from the new Medicare based pricing methodology in Ambulatory Payment Classification Outpatient Services Grouper.

$0

$0

Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

($268,559)

($786,122)

Reflect savings from eliminating Consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management CPT codes.

($908,321) ($2,659,018)

Reflect savings from reducing provider reimbursement by 0.74% excluding hospitals, primary care, FQHC, RHC, and hospice.

$0

$0

Increase funds to offset unrealized FY 2012 reserves.

$10,975,617 $32,127,675

TUESDAY, MARCH 12, 2013

2551

Reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week.
Reflect savings from the revision of supplemental drug rebates to include Care Management Organization claims.
Transfer funds to the new Medicaid program for administering benefits for the low-income Medicaid population.
Increase Hospital Provider Payments to reflect projected FY 2014 revenue pending reauthorization.
Reduce funds to reflect collection of Hospital Cost Settlements from FY 2012.
Reflect savings from reduced readmissions and cost avoidance due to the elective delivery policy change.
Reconcile overage paid through the Hospital Provider Payment Agreement.
Provide funds to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate.
Amount appropriated in this Act

($5,120,000) ($14,987,194)

($1,281,000) ($3,749,726)

$0

$0

$5,638,080 $16,503,709

($1,762,196) ($5,158,653)

($4,000,000) ($4,000,000)

($2,016,031) ($5,901,730)

$99,603

$291,579

$1,191,172,242 $3,595,757,263

17.8. PeachCare

Purpose: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

Total Funds

$300,007,000

Federal Funds and Grants

$227,765,163

Medical Assistance Program

$27,600

State Children's Insurance Program

$227,737,563

State Funds

$72,090,054

Hospital Provider Payment

$1,671,323

State General Funds

$70,418,731

Intra-State Government Transfers

$151,783

Medicaid Services Payments - Other Agencies

$151,783

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$79,578,343 $330,076,596

Increase funds for growth in PeachCare.

$6,470,725 $27,062,841

Reduce funds to reflect an increase in the enhanced Federal

($295,838)

$0

Medical Assistance Percentage (FMAP) from 76.00% to 76.09%.

Transfer funds to Low-Income Medicaid to reflect the transfer of PeachCare for Kids children aged 6-18 falling between 100%133% of the Federal Poverty Level to Low Income Medicaid.

($13,356,832) ($55,851,273)

2552

JOURNAL OF THE HOUSE

Reflect savings from eliminating hospital reimbursement for preventable admissions.
Reflect savings from restricting the number of narcotic prescription reimbursements to six per month.
Reflect savings from new Medicare based pricing methodology in Ambulatory Payment Classification Outpatient Services Grouper.
Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.
Reflect savings from eliminating Consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management CPT codes.
Reflect savings from reducing provider reimbursement by 0.74% excluding hospitals, primary care, FQHC, RHC, and hospice.
Increase Hospital Provider Payments to reflect projected FY 2014 revenue pending reauthorization.
Reduce funds to reflect collection of Hospital Cost Settlements from FY 2012.
Provide funds to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate.
Amount appropriated in this Act

($101,843) ($1,330) $0 ($23,384) ($79,092)

($425,854) ($5,561) $0 ($97,782)
($330,789)

$0 $44,074 ($153,442)
$8,673

$0 $184,297 ($641,748)
$36,273

$72,090,054 $300,007,000

17.9. 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

$3,315,986,632

Intra-State Government Transfers

$3,315,986,632

Health Insurance Payments

$3,315,986,632

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $2,987,734,959

Reflect updated revenue and expense projections.

$0 $64,856,535

Reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and Health Reimbursement Account funding.

$0 ($160,796,000)

Increase employee contribution rates for spousal coverage.

$0 $118,977,414

TUESDAY, MARCH 12, 2013

2553

Reflect an increase in expenses for implementation of childhood obesity initiative in cooperation with Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office.
Reflect revenue from increasing per member per month billings for non-certificated school service personnel from $446.20 to $596.20, effective July 1, 2013.
Increase employee premiums 7.5% for employee-only and employee+child(ren) tiers.
Increase employee premiums 2% due to increased costs as a result of the requirements of the Patient Protection and Affordable Care Act.
Reflect revenue generated by implementing an add-on fee of $7 per employee per month for select plans.
Reflect an increase in expenses for the continued implementation of EnGAgement wellness plan.
Reflect savings from eliminating prior authorization requirement for ADHD drugs.
Reflect savings from implementing the pharmacy step therapy program.
Reflect savings from revising the prescription drug list.
Reflect savings from renegotiating rates with the hospital network.
Increase per member per month billings for certificated school service personnel from $912.34 to $945.00.
Increase employer share of the State Health Benefit Plan from 29.781% to 30.781%.
Amount appropriated in this Act

$0

$8,000,000

$0 $107,693,937

$0 $11,966,438 $0 $14,834,463

$0 $17,988,000

$0 $12,838,000

$0

($232,200)

$0 ($1,711,000)

$0 ($7,398,000) $0 ($6,418,000)

$0 $121,428,987

$0 $26,223,099

$0 $3,315,986,632

The following appropriations are for agencies attached for administrative purposes.

17.10. Georgia Board for Physician Workforce: Board Administration

Purpose: The purpose of this appropriation is to provide administrative support to all agency programs.

Total Funds

$678,277

State Funds

$678,277

State General Funds

$678,277

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$685,128

$685,128

2554

JOURNAL OF THE HOUSE

Reduce funds for personal services. Reduce funds for operating expenses. Amount appropriated in this Act

($2,500) ($4,351) $678,277

($2,500) ($4,351) $678,277

17.11. 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

$8,264,543

State Funds

$8,264,543

State General Funds

$8,264,543

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,917,518

$8,917,518

Reduce funds for Graduate Medical Education (GME) residency slots.

$0

$0

Remove bridge funds for residency development programs provided for Gwinnett Medical Center and the Southwest Georgia Consortium.

($826,899)

($826,899)

Fund six new family medicine residents at Houston Medical Center.

$123,924

$123,924

Increase the Osteopathic program development funds to establish two new Doctor of Osteopathic Medicine residency programs at WellStar Health System and East Georgia Medical Center.

$50,000

$50,000

Amount appropriated in this Act

$8,264,543

$8,264,543

17.12. 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 (HB 742)

$20,969,911 $20,969,911

Reduce funds for the Mercer School of Medicine operating grant.

$0

$0

Amount appropriated in this Act

$20,969,911 $20,969,911

TUESDAY, MARCH 12, 2013

2555

17.13. 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

$11,438,948

Federal Funds and Grants

$505,305

Medical Assistance Program

$505,305

State Funds

$10,933,643

State General Funds

$10,933,643

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,671,474 $10,671,474

Reduce funds for the Morehouse School of Medicine operating grant.

$0

$0

Reflect transfer of the Morehouse Undergraduate Medical Education funding to the Morehouse School of Medicine Operating Grant to maximize funding through matching federal funds.

$262,169

$767,474

Amount appropriated in this Act

$10,933,643 $11,438,948

17.14. Georgia Board for Physician Workforce: Physicians for Rural Areas

Purpose: The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to provide a program of aid to promising medical students.

Total Funds

$870,000

State Funds

$870,000

State General Funds

$870,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$830,000

$830,000

Establish the Medical Recruitment Fair using a public/private partnership with the Georgia Alliance of Community Hospitals and the Georgia Rural Health Association.

$40,000

$40,000

Amount appropriated in this Act

$870,000

$870,000

17.15. 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.

2556

JOURNAL OF THE HOUSE

Total Funds

$2,055,432

State Funds

$2,055,432

State General Funds

$2,055,432

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,731,636

$2,731,636

Reduce funds for Undergraduate Medical Education (UME).

($84,408)

($84,408)

Transfer the Morehouse Undergraduate Medical Education funding to the Morehouse School of Medicine Operating Grant to maximize funding through matching federal funds.

($591,796)

($591,796)

Amount appropriated in this Act

$2,055,432

$2,055,432

17.16. 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

$2,093,168

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$1,993,168

State General Funds

$1,993,168

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,046,154

$2,146,154

Reduce funds for personal services.

($34,654)

($34,654)

Reduce funds for telecommunications.

($1,332)

($1,332)

Reduce funds for contractual services.

($17,000)

($17,000)

Amount appropriated in this Act

$1,993,168

$2,093,168

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

$1,151,585,724 $922,276 $922,276
$18,081,649 $18,081,649 $1,132,581,799

TUESDAY, MARCH 12, 2013

2557

State General Funds

$1,132,581,799

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

$6,235,272

Other Funds

$7,046

Other Funds - Not Specifically Identified

$7,046

State Funds

$6,228,226

State General Funds

$6,228,226

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,148,682

$6,155,728

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$79,125

$79,125

Increase funds to reflect an adjustment in TeamWorks billings.

$419

$419

Amount appropriated in this Act

$6,228,226

$6,235,272

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

$14,096,724

Other Funds

$4,500,000

Other Funds - Not Specifically Identified

$4,500,000

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

$36,312,899

Federal Funds and Grants

$70,555

Federal Funds Not Specifically Identified

$70,555

State Funds

$36,242,344

State General Funds

$36,242,344

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2558

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Increase funds to reflect an adjustment in TeamWorks billings. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

State Funds $36,067,108
$474,747
$1,531 ($301,042) $36,242,344

Total Funds $36,137,663
$474,747
$1,531 ($301,042) $36,312,899

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

$29,372,837

Other Funds

$450,000

Other Funds - Not Specifically Identified

$450,000

State Funds

$28,922,837

State General Funds

$28,922,837

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$28,399,203 $28,849,203

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$553,872

$553,872

Increase funds to reflect an adjustment in TeamWorks billings.

$2,017

$2,017

Reflect an adjustment in telecommunications expenses.

($32,255)

($32,255)

Amount appropriated in this Act

$28,922,837 $29,372,837

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

$28,297,273

Federal Funds and Grants

$751,721

Federal Funds Not Specifically Identified

$751,721

State Funds

$27,545,552

State General Funds

$27,545,552

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$27,519,049 $28,270,770

TUESDAY, MARCH 12, 2013

2559

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Increase funds to reflect an adjustment in TeamWorks billings. Amount appropriated in this Act

$26,375
$128 $27,545,552

$26,375
$128 $28,297,273

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 in the state correctional system.

Total Funds

$200,595,883

Other Funds

$390,000

Other Funds - Not Specifically Identified

$390,000

State Funds

$200,205,883

State General Funds

$200,205,883

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$201,493,766 $201,883,766

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$210,999

$210,999

Increase funds to reflect an adjustment in TeamWorks billings.

$1,118

$1,118

Realize program efficiencies.

($1,500,000) ($1,500,000)

Amount appropriated in this Act

$200,205,883 $200,595,883

18.7. Offender Management

Purpose: The purpose of this appropriation is to coordinate and operate the following agency-wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads.

Total Funds

$42,418,820

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

State Funds

$42,388,820

State General Funds

$42,388,820

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$42,320,127 $42,350,127

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$79,125

$79,125

Increase funds to reflect an adjustment in TeamWorks billings.

$310

$310

2560

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

($10,742) $42,388,820

($10,742) $42,418,820

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,796,705

$5,201,705

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$105,499

$105,499

Increase funds to reflect an adjustment in TeamWorks billings.

$437

$437

Transfer funds to the State Prisons program to properly align budget and expenditures.

($4,902,641) ($5,307,641)

Amount appropriated in this Act

$0

$0

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

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.

Total Funds

$99,374,293

Other Funds

$10,000

Other Funds - Not Specifically Identified

$10,000

State Funds

$99,364,293

State General Funds

$99,364,293

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$97,678,890 $97,688,890

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,925,363

$1,925,363

TUESDAY, MARCH 12, 2013

2561

Increase funds to reflect an adjustment in TeamWorks billings. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

$7,325 ($247,285) $99,364,293

$7,325 ($247,285) $99,374,293

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

$531,683,855

Federal Funds and Grants

$100,000

Federal Funds Not Specifically Identified

$100,000

Other Funds

$12,694,603

Other Funds - Not Specifically Identified

$12,694,603

State Funds

$518,889,252

State General Funds

$518,889,252

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$505,172,788 $517,562,391

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$9,231,193

$9,231,193

Increase funds to reflect an adjustment in TeamWorks billings.

$44,953

$44,953

Reflect an adjustment in telecommunications expenses.

($462,323)

($462,323)

Transfer funds from the Parole Revocation Centers program to properly align budget and expenditures.

$4,902,641

$5,307,641

Amount appropriated in this Act

$518,889,252 $531,683,855

18.12. Transition Centers

Purpose: The purpose of this appropriation is to provide the work release program, which allows 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

$28,289,844

State Funds

$28,289,844

State General Funds

$28,289,844

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$27,807,725 $27,807,725

2562

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Increase funds to reflect an adjustment in TeamWorks billings. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

$501,121
$2,501 ($21,503) $28,289,844

$501,121
$2,501 ($21,503) $28,289,844

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

$91,331,271 $74,506,287 $74,506,287
$7,641,586 $1,475,680 $6,165,906 $9,183,398 $9,183,398

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

$1,765,874

Federal Funds and Grants

$672,334

Federal Funds Not Specifically Identified

$672,334

State Funds

$1,093,540

State General Funds

$1,093,540

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,144,335

$1,816,669

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$23,380

$23,380

Increase funds to reflect an adjustment in TeamWorks billings.

$201

$201

Reflect an adjustment in telecommunications expenses.

$1,706

$1,706

Reduce funds for telecommunications.

($55,453)

($55,453)

Reduce funds for personal services by converting a full-time administrative position to a part-time position.

($20,629)

($20,629)

Amount appropriated in this Act

$1,093,540

$1,765,874

19.2. Military Readiness Purpose: The purpose of this appropriation is to provide an Army National Guard, Air National

TUESDAY, MARCH 12, 2013

2563

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

$76,297,935

Federal Funds and Grants

$63,865,953

Federal Funds Not Specifically Identified

$63,865,953

Other Funds

$7,641,586

Agency Funds

$1,475,680

Other Funds - Not Specifically Identified

$6,165,906

State Funds

$4,790,396

State General Funds

$4,790,396

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,710,472 $76,218,011

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$55,852

$55,852

Increase funds to reflect an adjustment in TeamWorks billings.

$873

$873

Increase funds for minor repair and maintenance to facilities statewide not eligible for bond funding.

$250,000

$250,000

Reduce funds for personal services and hold one position vacant.

($217,587)

($217,587)

Reduce funds to reflect an adjustment in the Military Interstate Compact billing.

($9,214)

($9,214)

Amount appropriated in this Act

$4,790,396 $76,297,935

19.3. Youth Educational Services

Purpose: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs.

Total Funds

$13,267,462

Federal Funds and Grants

$9,968,000

Federal Funds Not Specifically Identified

$9,968,000

State Funds

$3,299,462

State General Funds

$3,299,462

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,246,522 $13,214,522

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$50,656

$50,656

Increase funds to reflect an adjustment in TeamWorks billings.

$2,284

$2,284

Amount appropriated in this Act

$3,299,462 $13,267,462

2564

JOURNAL OF THE HOUSE

Section 20: Driver Services, Department of Total Funds Other Funds
Agency Funds State Funds
State General Funds

$63,510,449 $2,844,121 $2,844,121
$60,666,328 $60,666,328

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

$9,715,837

Other Funds

$500,857

Agency Funds

$500,857

State Funds

$9,214,980

State General Funds

$9,214,980

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,113,037

$9,613,894

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$98,201

$98,201

Increase funds to reflect an adjustment in TeamWorks billings.

$7,174

$7,174

Reduce funds for operating expenses.

($3,432)

($3,432)

Amount appropriated in this Act

$9,214,980

$9,715,837

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

$52,422,351

Other Funds

$1,827,835

Agency Funds

$1,827,835

State Funds

$50,594,516

State General Funds

$50,594,516

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$49,434,372 $51,262,207

TUESDAY, MARCH 12, 2013

2565

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation. Reduce funds for operating expenses. Reduce funds for telecommunications. Increase funds for archival storage for Real ID implementation. Amount appropriated in this Act

$596,531
($144,617) $200,000

$596,531
($144,617) $200,000

($21,146) ($12,109) $541,485 $50,594,516

($21,146) ($12,109) $541,485 $52,422,351

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

$1,372,261

Other Funds

$515,429

Agency Funds

$515,429

State Funds

$856,832

State General Funds

$856,832

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$833,275

$1,348,704

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$24,154

$24,154

Reduce funds for operating expenses.

($597)

($597)

Amount appropriated in this Act

$856,832

$1,372,261

Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants
CCDF Mandatory and Matching Funds Child Care and Development Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds

$681,450,892 $310,420,601
$95,464,681 $92,440,670 $122,515,250
$197,874 $10,000
$187,874 $367,625,482

2566

JOURNAL OF THE HOUSE

Lottery Funds State General Funds

$312,173,630 $55,451,852

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

$219,372,203

Federal Funds and Grants

$163,905,351

CCDF Mandatory and Matching Funds

$95,464,681

Child Care and Development Block Grant

$68,440,670

Other Funds

$15,000

Agency Funds

$10,000

Other Funds - Not Specifically Identified

$5,000

State Funds

$55,451,852

State General Funds

$55,451,852

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$55,459,608 $219,379,959

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$29,003

$29,003

Replace a portion of the Chief Financial Officer's salary with existing federal funds.

($36,559)

($36,559)

Reduce funds for contractual services.

($200)

($200)

Amount appropriated in this Act

$55,451,852 $219,372,203

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

$121,997,250

Federal Funds and Grants

$121,997,250

Federal Funds Not Specifically Identified

$121,997,250

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 fouryear-olds.

Total Funds

$312,391,630

TUESDAY, MARCH 12, 2013

2567

Federal Funds and Grants

$218,000

Federal Funds Not Specifically Identified

$218,000

State Funds

$312,173,630

Lottery Funds

$312,173,630

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$298,602,245 $298,820,245

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$59,236

$59,236

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$459,115

$459,115

Reflect an adjustment in telecommunications expenses.

($94,898)

($94,898)

Increase the school year by 10 days from 170 days to 180 days.

$12,915,130 $12,915,130

Increase funds for transportation.

$232,802

$232,802

Amount appropriated in this Act

$312,173,630 $312,391,630

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

$27,689,809

Federal Funds and Grants

$24,300,000

Child Care and Development Block Grant

$24,000,000

Federal Funds Not Specifically Identified

$300,000

Other Funds

$182,874

Other Funds - Not Specifically Identified

$182,874

Section 22: Economic Development, Department of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified State Funds
State General Funds Tobacco Settlement Funds

$37,090,924 $659,400 $659,400
$36,431,524 $33,239,607
$3,191,917

22.1. 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.

2568

JOURNAL OF THE HOUSE

Total Funds

$4,054,293

State Funds

$4,054,293

State General Funds

$4,054,293

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,084,460

$4,084,460

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$62,262

$62,262

Increase funds to reflect an adjustment in TeamWorks billings.

$2,587

$2,587

Reflect an adjustment in telecommunications expenses.

($203)

($203)

Reduce funds for personal services and eliminate two vacant positions.

($94,813)

($94,813)

Amount appropriated in this Act

$4,054,293

$4,054,293

22.2. 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

$905,693

State Funds

$905,693

State General Funds

$905,693

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$955,165

$955,165

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$13,082

$13,082

Reflect an adjustment in telecommunications expenses.

($16)

($16)

Reduce funds for marketing.

($62,538)

($62,538)

Amount appropriated in this Act

$905,693

$905,693

22.3. 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

$1,245,866

Federal Funds and Grants

$659,400

Federal Funds Not Specifically Identified

$659,400

State Funds

$586,466

TUESDAY, MARCH 12, 2013

2569

State General Funds

$586,466

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$578,689

$1,238,089

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$7,777

$7,777

Amount appropriated in this Act

$586,466

$1,245,866

22.4. 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

$10,235,416

State Funds

$10,235,416

State General Funds

$10,235,416

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,292,005 $10,292,005

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$109,050

$109,050

Reflect an adjustment in telecommunications expenses.

($639)

($639)

Reduce funds for marketing.

($100,000)

($100,000)

Reduce funds for contractual services.

($65,000)

($65,000)

Amount appropriated in this Act

$10,235,416 $10,235,416

22.5. Innovation and Technology

Purpose: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies.

Total Funds

$10,533,628

State Funds

$10,533,628

State General Funds

$7,341,711

Tobacco Settlement Funds

$3,191,917

2570

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 (HB 742)

$14,347,266 $14,347,266

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$12,780

$12,780

Reflect an adjustment in telecommunications expenses.

($42)

($42)

Reduce funds for the Georgia Research Alliance.

($180,849)

($180,849)

Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780).

($52,040)

($52,040)

Reduce funds for the Tumor Tissue Bank.

($124,595)

($124,595)

Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.

($1,989,152) ($1,989,152)

Transfer tobacco settlement funds for the Georgia Center for Oncology Research and Education (CORE) ($275,000) and Regional Cancer Coalitions ($1,204,740) from the Department of Economic Development to the Department of Public Health.

($1,479,740) ($1,479,740)

Amount appropriated in this Act

$10,533,628 $10,533,628

22.6. 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

$912,002

State Funds

$912,002

State General Funds

$912,002

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$916,860

$916,860

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$16,068

$16,068

Reflect an adjustment in telecommunications expenses.

($58)

($58)

Reduce funds for operating expenses.

($20,868)

($20,868)

Amount appropriated in this Act

$912,002

$912,002

22.7. 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

TUESDAY, MARCH 12, 2013

2571

market tourism products in order to attract more tourism to the state.

Total Funds

$9,204,026

State Funds

$9,204,026

State General Funds

$9,204,026

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,310,394

$9,310,394

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$85,756

$85,756

Reflect an adjustment in telecommunications expenses.

($642)

($642)

Reduce funds for marketing.

($100,000)

($100,000)

Reduce funds for contractual services.

($19,882)

($19,882)

Reduce funds for personal services and eliminate two vacant positions.

($74,100)

($74,100)

Provide additional funding for the Historic Chattahoochee Commission.

$2,500

$2,500

Amount appropriated in this Act

$9,204,026

$9,204,026

The following appropriations are for agencies attached for administrative purposes.

22.8. 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$132,481

$132,481

Eliminate state funds.

($132,481)

($132,481)

Amount appropriated in this Act

$0

$0

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

$9,162,378,286 $1,655,062,931 $1,655,062,931
$3,713,178 $3,713,178 $7,404,149,772

2572

JOURNAL OF THE HOUSE

State General Funds

$7,404,149,772

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,430.57. 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

$7,880,909

State Funds

$7,880,909

State General Funds

$7,880,909

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,650,509

$7,650,509

Reduce funds for operating expenses for Extended Day/Year ($90,377), Area Teacher ($44,647), Young Farmers ($80,051), and Youth Camps ($14,440).

($114,757)

($114,757)

Transfer funds for program administration staff from the Central Office program to the Agricultural Education program.

$345,157

$345,157

Amount appropriated in this Act

$7,880,909

$7,880,909

23.2. Business and Finance Administration

Purpose: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.

Total Funds

$7,393,641

Federal Funds and Grants

$137,890

Federal Funds Not Specifically Identified

$137,890

Other Funds

$149,115

Other Funds - Not Specifically Identified

$149,115

State Funds

$7,106,636

State General Funds

$7,106,636

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

TUESDAY, MARCH 12, 2013

2573

Transfer funds for program administration staff from the Central Office program to the Business and Finance Administration program.
Amount appropriated in this Act

$7,106,636

$7,393,641

$7,106,636

$7,393,641

23.3. 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

$26,009,863

Federal Funds and Grants

$21,999,587

Federal Funds Not Specifically Identified

$21,999,587

Other Funds

$150,885

Other Funds - Not Specifically Identified

$150,885

State Funds

$3,859,391

State General Funds

$3,859,391

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$30,301,129 $86,760,873

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$409,488

$409,488

Increase funds to reflect an adjustment in TeamWorks billings.

$39,176

$39,176

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$43,255

$43,255

Reflect an adjustment in telecommunications expenses.

$4,688

$4,688

Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones.

($31,584)

($31,584)

Reduce funds for operating expenses.

($41,447)

($41,447)

Transfer the following program administration staff to their respective programs: Agriculture Education, Business and Finance Administration, Charter Schools, Curriculum, Federal Programs, Information Technology, Nutrition, School Improvement, Technology/Career Education, and Testing.

($25,068,972) ($59,378,244)

Reduce funds for State Schools Administration based on prior year expenditures.

($20,000)

($20,000)

Reduce funds for personal services and eliminate one filled position.

($283,953)

($283,953)

Reduce funds for the Superintendent's Leadership Program.

$0

$0

Reduce funds for the School Nurse Coordinator position based on projected expenditures.

($18,077)

($18,077)

2574

JOURNAL OF THE HOUSE

Reduce funds for commercial travel to reflect prior years' expenditures.
Reduce funds for the American Association of Adapted Sports Program.
Transfer funds to Georgia Public Telecommunications Commission for the Discovery Education contract.
Transfer funds to the Office of Student Achievement for technology for the Reading Mentors program.
Eliminate two vacant positions in the Charter School Administration subprogram.
Amount appropriated in this Act

($20,099) $0
($961,565) ($396,824) ($95,824) $3,859,391

($20,099) $0
($961,565) ($396,824)
($95,824) $26,009,863

23.4. 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

$9,197,814

Federal Funds and Grants

$7,001,330

Federal Funds Not Specifically Identified

$7,001,330

State Funds

$2,196,484

State General Funds

$2,196,484

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,993,546

$8,994,876

Reduce funds for planning grants.

($90,000)

($90,000)

Reduce funds for facility grants.

($54,806)

($54,806)

Transfer funds for program administration staff from the Central Office program to the Charter Schools program.

$347,744

$347,744

Amount appropriated in this Act

$2,196,484

$9,197,814

23.5. 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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 12, 2013

2575

Amount from prior Appropriation Act (HB 742) Reduce grants to local affiliates. Amount appropriated in this Act

State Funds $933,100 $0 $933,100

Total Funds $933,100 $0 $933,100

23.6. 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

$5,119,699

Federal Funds and Grants

$1,099,020

Federal Funds Not Specifically Identified

$1,099,020

Other Funds

$619,031

Other Funds - Not Specifically Identified

$619,031

State Funds

$3,401,648

State General Funds

$3,401,648

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,232,744

$1,232,744

Reduce funds for contractual services.

($212,907)

($212,907)

Transfer funds for GALILEO to the Board of Regents.

($125,512)

($125,512)

Transfer funds for program administration staff from the Central Office program to the Curriculum Development program.

$2,614,113

$4,332,164

Transfer funds for the SIRS Discovery subscription to the Board of Regents.

($106,790)

($106,790)

Amount appropriated in this Act

$3,401,648

$5,119,699

23.7. Federal Programs

Purpose: The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

Total Funds

$1,090,542,035

Federal Funds and Grants

$994,501,852

Federal Funds Not Specifically Identified

$994,501,852

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $1,072,513,107

Transfer funds for program administration staff from the Central Office program to Federal Programs.

$0 $11,728,068

2576

JOURNAL OF THE HOUSE

Transfer funds for the Georgia Learning Resource Center to Federal Programs.
Amount appropriated in this Act

$0

$6,300,860

$0 $1,090,542,035

23.8. 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$6,300,860

Transfer funds for the Georgia Learning Resource Center to Federal Programs.

$0 ($6,300,860)

Amount appropriated in this Act

$0

$0

23.9. 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.

Total Funds

$4,939,928

Other Funds

$1,371,025

Other Funds - Not Specifically Identified

$1,371,025

State Funds

$3,568,903

State General Funds

$3,568,903

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,705,955

$6,076,980

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,531

$2,531

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$1,573

$1,573

Reflect an adjustment in telecommunications expenses.

$23

$23

Reduce funds for contractual services.

($141,179)

($141,179)

Transfer course development planned for FY 2014 to FY 2015.

($1,000,000) ($1,000,000)

Amount appropriated in this Act

$3,568,903

$4,939,928

TUESDAY, MARCH 12, 2013

2577

23.10. 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$144,000

$144,000

Eliminate funds.

($144,000)

($144,000)

Amount appropriated in this Act

$0

$0

23.11. 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

$961,973

State Funds

$961,973

State General Funds

$961,973

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$959,839

$959,839

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,114

$2,114

Reflect an adjustment in telecommunications expenses.

$20

$20

Reduce funds for operating expenses.

$0

$0

Amount appropriated in this Act

$961,973

$961,973

23.12. Information Technology Services

Purpose: The purpose of this appropriation is to provide internet access for local school systems.

Total Funds

$16,128,554

Federal Funds and Grants

$101,170

Federal Funds Not Specifically Identified

$101,170

State Funds

$16,027,384

State General Funds

$16,027,384

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,321,803

$3,321,803

2578

JOURNAL OF THE HOUSE

Transfer funds for program administration staff from the Central Office program to the Information Technology Services program.
Increase funds for critical infrastructure upgrades in Internal Technology.
Increase funds for four positions on the Longitudinal Data System Training Team.
Increase funds for training and operations in Data Collections.
Increase funds for three positions in Data Collections.
Amount appropriated in this Act

$10,143,927
$1,683,217
$435,091
$42,500 $400,846 $16,027,384

$10,245,097
$1,683,217
$435,091
$42,500 $400,846 $16,128,554

23.13. 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

$6,754,029

State Funds

$6,754,029

State General Funds

$6,754,029

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,462,668

$6,462,668

Redirect funds from the Sparsity Grant to the Quality Basic Education Program as the need for the Sparsity Grant program has not been established.

$0

$0

Reflect a change in the program name from "Non Quality Basic Education Formula Grants" to "Residential Treatment Facilities."

$0

$0

Reflect a change in the purpose statement.

$0

$0

Increase funds to reflect a revised allocation methodology that provides special education funding to all students served in Residential Treatment Facilities and provide a midterm adjustment in Amended FY14 for enrollment and programmatic changes for Devereux Ackerman Academy and Murphy-Harpst Academy.

$291,361

$291,361

Amount appropriated in this Act

$6,754,029

$6,754,029

23.14. 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

$605,945,345

Federal Funds and Grants

$583,775,828

Federal Funds Not Specifically Identified

$583,775,828

TUESDAY, MARCH 12, 2013

2579

State Funds

$22,169,517

State General Funds

$22,169,517

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$22,593,223 $597,481,435

Reduce funds for the Nutrition program by not reimbursing sick days paid for managers and non-managers through the state nutrition formula.

($677,796)

($677,796)

Transfer funds for program administration staff from the Central Office program to the Nutrition program.

$254,090

$9,141,706

Amount appropriated in this Act

$22,169,517 $605,945,345

23.15. Preschool Handicapped

Purpose: The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed.

Total Funds

$29,176,324

State Funds

$29,176,324

State General Funds

$29,176,324

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$28,412,355 $28,412,355

Adjust funds based on increased enrollment.

$763,969

$763,969

Amount appropriated in this Act

$29,176,324 $29,176,324

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

$474,433,734

State Funds

$474,433,734

State General Funds

$474,433,734

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$436,158,587 $436,158,587

Increase funds for the Equalization Grant.

$38,275,147 $38,275,147

Amount appropriated in this Act

$474,433,734 $474,433,734

2580

JOURNAL OF THE HOUSE

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

($1,702,793,044)

State Funds

($1,702,793,044)

State General Funds

($1,702,793,044)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

($1,697,504,730) ($1,697,504,730)

Reduce funds for the Local Five Mill Fair Share.

($5,288,314) ($5,288,314)

Amount appropriated in this Act

($1,702,793,044) ($1,702,793,044)

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. 202-161.

Total Funds

$8,388,434,573

State Funds

$8,388,434,573

State General Funds

$8,388,434,573

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,183,012,037 $8,183,012,037

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$56,135,736 $56,135,736

Adjust funds for School Counselors (($898,952)), School Nurses ($2,577,745), Professional Development ($759,393), and hold harmless for Central Operations Redirect to Classroom Technology ($183,574) based on recommendations by the State Education Finance Study Commission.

$3,255,800

$3,255,800

Increase funds based on enrollment growth and training and experience.

$146,583,599 $146,583,599

Transfer funds for the Sparsity Grant program to the Quality Basic Education program.

$0

$0

Redirect $25,848,979 in current formula earnings from central administration operations to classroom technology and increase the per FTE earnings from $15.39/FTE to $16.15/FTE based on recommendations by the State Education Finance Study Commission.

$0

$0

TUESDAY, MARCH 12, 2013

2581

Increase funds for Special Needs Scholarships to meet the projected need.
Provide differentiated pay for newly certified math and science teachers.
Increase funds for grants to charter systems that are within their initial contract per HB 283 (2013 Session).
Amount appropriated in this Act

$52,247

$52,247

($1,996,524) ($1,996,524)

$1,391,678

$1,391,678

$8,388,434,573 $8,388,434,573

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

$8,425,704

State Funds

$8,425,704

State General Funds

$8,425,704

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,510,812

$8,510,812

Reduce funds for operating expenses.

($85,108)

($85,108)

Redirect Education Technology Center funds into the Quality Basic Education Program to increase funding for classroom technology.

$0

$0

Amount appropriated in this Act

$8,425,704

$8,425,704

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

$13,717,582

Federal Funds and Grants

$4,347,528

Federal Funds Not Specifically Identified

$4,347,528

State Funds

$5,957,832

State General Funds

$5,957,832

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,199,064

$5,199,064

2582

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.
Reflect an adjustment in telecommunications expenses.
Transfer funds for program administration staff from the Central Office program to the School Improvement program.
Amount appropriated in this Act

$68,967 $10,297
$58 $679,446 $5,957,832

$68,967 $10,297
$58 $8,439,196 $13,717,582

23.21. 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

$68,012,739

Federal Funds and Grants

$7,908,992

Federal Funds Not Specifically Identified

$7,908,992

State Funds

$60,103,747

State General Funds

$60,103,747

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$62,113,005 $70,021,997

Adjust funds based on declining enrollment.

($2,009,258) ($2,009,258)

Amount appropriated in this Act

$60,103,747 $68,012,739

23.22. State Charter School Commission Administration

Purpose: The purpose of this appropriation is to focus on 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.

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 (HB 742)

$0

$0

Utilize revenue from State Chartered Special Schools to fund personal services and operating expenses.

$0

$0

Amount appropriated in this Act

$0

$0

TUESDAY, MARCH 12, 2013

2583

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 post-secondary vocational education agency.

Total Funds

$12,056,305

Federal Funds and Grants

$3,958,342

Federal Funds Not Specifically Identified

$3,958,342

State Funds

$8,097,963

State General Funds

$8,097,963

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,497,963 $12,456,305

Reduce funds for the transfer to Teachers' Retirement System of Georgia to reflect projected expenditures.

($400,000)

($400,000)

Amount appropriated in this Act

$8,097,963 $12,056,305

23.24. State Schools

Purpose: The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development.

Total Funds

$26,418,808

Other Funds

$1,423,122

Other Funds - Not Specifically Identified

$1,423,122

State Funds

$24,995,686

State General Funds

$24,995,686

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$24,244,124 $25,667,246

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$318,638

$318,638

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$18,813

$18,813

Reflect an adjustment in telecommunications expenses.

$1,559

$1,559

Provide funds for training and experience.

$412,552

$412,552

Amount appropriated in this Act

$24,995,686 $26,418,808

23.25. Technology/Career Education Purpose: The purpose of this appropriation is to equip students with academic, vocational,

2584

JOURNAL OF THE HOUSE

technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year.

Total Funds

$31,543,108

Federal Funds and Grants

$16,091,979

Federal Funds Not Specifically Identified

$16,091,979

State Funds

$15,451,129

State General Funds

$15,451,129

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,059,152 $30,072,075

Reduce funds.

($210,887)

($210,887)

Reduce funds for Extended Day/Year.

$0

$0

Transfer funds for program administration staff from the Central Office program to the Technology/Career Education program.

$1,602,864

$1,681,920

Amount appropriated in this Act

$15,451,129 $31,543,108

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

$29,593,617

Federal Funds and Grants

$14,139,413

Federal Funds Not Specifically Identified

$14,139,413

State Funds

$15,454,204

State General Funds

$15,454,204

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$13,479,209 $23,870,066

Transfer funds for program administration staff from the Central Office program to the Testing program.

$1,974,995

$5,723,551

Amount appropriated in this Act

$15,454,204 $29,593,617

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

TUESDAY, MARCH 12, 2013

2585

Section 24: Employees' Retirement System Total Funds Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$51,367,538 $3,766,735 $3,766,735
$29,051,720 $29,051,720 $18,549,083 $18,549,083

It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 18.46% for New Plan employees and 13.71% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 15.18% 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 $692.00 per member for State Fiscal Year 2014.

24.1. Deferred Compensation

Purpose: The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the state, giving them an effective supplement for their retirement planning.

Total Funds

$3,766,735

Other Funds

$3,766,735

Agency Funds

$3,766,735

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$3,508,813

Increase other funds to reflect an adjustment in the employer share for the Employees' Retirement System ($4,922) and increases in contractual services ($253,000).

$0

$257,922

Amount appropriated in this Act

$0

$3,766,735

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

$1,891,720

State Funds

$1,891,720

State General Funds

$1,891,720

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2586

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Increase funds for the annual required contribution in accordance with the most recent actuarial report. Amount appropriated in this Act

State Funds $1,703,022
$188,698
$1,891,720

Total Funds $1,703,022
$188,698
$1,891,720

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

$27,160,000

State Funds

$27,160,000

State General Funds

$27,160,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$24,729,000 $24,729,000

Increase funds for the annual required contribution in accordance with the most recent actuarial report.

$2,431,000

$2,431,000

Amount appropriated in this Act

$27,160,000 $27,160,000

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

$18,549,083

Intra-State Government Transfers

$18,549,083

Retirement Payments

$18,549,083

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $18,213,087

Reduce other funds for personal services to reflect actual funding needs.

$0

($1,878)

Increase other funds to reflect an adjustment in the employer share for the Employees' Retirement System ($182,874) and increases in contractual services ($155,000).

$0

$337,874

Amount appropriated in this Act

$0 $18,549,083

Section 25: Forestry Commission, Georgia Total Funds

$43,397,371

TUESDAY, MARCH 12, 2013

2587

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

$5,994,473 $5,994,473 $6,833,695
$474,661 $6,359,034 $30,519,203 $30,519,203
$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

$3,473,351

Federal Funds and Grants

$48,800

Federal Funds Not Specifically Identified

$48,800

Other Funds

$76,288

Agency Funds

$46,016

Other Funds - Not Specifically Identified

$30,272

State Funds

$3,348,263

State General Funds

$3,348,263

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,371,335

$3,496,423

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$44,491

$44,491

Increase funds to reflect an adjustment in TeamWorks billings.

$7,618

$7,618

Reflect an adjustment in telecommunications expenses.

$3,467

$3,467

Reduce funds for personal services to reflect projected expenditures.

($78,648)

($78,648)

Amount appropriated in this Act

$3,348,263

$3,473,351

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

2588

JOURNAL OF THE HOUSE

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

$6,857,755

Federal Funds and Grants

$3,565,275

Federal Funds Not Specifically Identified

$3,565,275

Other Funds

$1,027,732

Agency Funds

$428,645

Other Funds - Not Specifically Identified

$599,087

State Funds

$2,214,748

State General Funds

$2,214,748

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 (HB 742)

$2,132,169

$6,775,176

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$81,767

$81,767

Reflect an adjustment in telecommunications expenses.

$812

$812

Amount appropriated in this Act

$2,214,748

$6,857,755

25.3. Forest Protection

Purpose: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection through cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger.

Total Funds

$31,859,185

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

$24,956,192

State General Funds

$24,956,192

TUESDAY, MARCH 12, 2013

2589

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$24,937,379 $31,840,372

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$399,070

$399,070

Reflect an adjustment in telecommunications expenses.

$7,669

$7,669

Reduce funds for personal services to reflect projected expenditures.

($356,653)

($356,653)

Reduce funds for operating expenses.

($31,273)

($31,273)

Amount appropriated in this Act

$24,956,192 $31,859,185

25.4. Tree Seedling Nursery

Purpose: The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

Total Funds

$1,207,080

Federal Funds and Grants

$133,717

Federal Funds Not Specifically Identified

$133,717

Other Funds

$1,073,363

Other Funds - Not Specifically Identified

$1,073,363

Section 26: Governor, Office of the Total Funds Federal Funds and Grants
Child Care and Development Block Grant Preventive Health and Health Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$163,834,691 $112,378,204
$40,015 $200,470 $3,814,350 $108,323,369 $2,323,134 $2,323,134 $49,133,353 $49,133,353

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.

2590

JOURNAL OF THE HOUSE

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

$15,801,567

State Funds

$15,801,567

State General Funds

$15,801,567

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$22,578,261 $22,578,261

Reduce funds for the Unemployment Trust Fund loan by $2,829,078 from $19,108,685 to $16,279,607 to reflect revised projections for the interest payment due September 30, 2013.

($6,776,694) ($6,776,694)

Amount appropriated in this Act

$15,801,567 $15,801,567

26.2. Governor's Office

Purpose: The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per O.C.G.A. 45-7-4 shall be $40,000.

Total Funds

$6,039,333

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$5,939,333

State General Funds

$5,939,333

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,987,885

$6,087,885

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$105,412

$105,412

Reflect an adjustment in telecommunications expenses.

$25,673

$25,673

Reduce funds for operating expenses.

($179,637)

($179,637)

Amount appropriated in this Act

$5,939,333

$6,039,333

26.3. Governor's Office of Planning and Budget

Purpose: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies.

Total Funds

$7,882,384

TUESDAY, MARCH 12, 2013

2591

State Funds

$7,882,384

State General Funds

$7,882,384

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,043,611

$8,043,611

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$117,121

$117,121

Increase funds to reflect an adjustment in TeamWorks billings.

$6,823

$6,823

Reflect an adjustment in telecommunications expenses.

($43,863)

($43,863)

Reduce funds for operating expenses.

($228,808)

($228,808)

Reduce funds for the American Indian Council Contract.

($12,500)

($12,500)

Amount appropriated in this Act

$7,882,384

$7,882,384

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

$912,325

Federal Funds and Grants

$89,558

Federal Funds Not Specifically Identified

$89,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

State Funds

$822,742

State General Funds

$822,742

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$841,704

$931,287

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$15,919

$15,919

Reflect an adjustment in telecommunications expenses.

$1,833

$1,833

Reduce funds for operating expenses.

($14,251)

($14,251)

Reduce funds for computer charges.

($2,000)

($2,000)

Reduce funds for contractual services.

($9,000)

($9,000)

Reduce funds for personal services.

($11,463)

($11,463)

Amount appropriated in this Act

$822,742

$912,325

2592

JOURNAL OF THE HOUSE

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

$9,707,576

Federal Funds and Grants

$8,416,066

Preventive Health and Health Services Block Grant

$200,470

Temporary Assistance for Needy Families Block Grant

$3,814,350

Federal Funds Not Specifically Identified

$4,401,246

State Funds

$1,291,510

State General Funds

$1,291,510

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,906,072 $11,121,668

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$7,515

$7,515

Reflect an adjustment in telecommunications expenses.

$38,824

$38,824

Reduce funds for community strategy grants.

($87,182)

($87,182)

Recognize the Preventive Health and Health Services Block Grant funds for sexual assault centers.

$0

$200,470

Provide funds for the creation of community based Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders.

$0

$0

Reflect an Executive Order creating the Juvenile Court Incentive Granting Committee of the Governor's Office for Children and Families.

$0

$0

Reduce funds to reflect the completion of the final year of funding ($1,852,719) ($1,852,719) for community based grants.

Transfer funds from the Department of Human Services Administration program for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to shelters.

$279,000

$279,000

Amount appropriated in this Act

$1,291,510

$9,707,576

26.6. Emergency Management Agency, Georgia
Purpose: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events, and to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

TUESDAY, MARCH 12, 2013

2593

Total Funds

$32,601,395

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

$2,090,357

State General Funds

$2,090,357

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,108,027 $32,619,065

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$25,637

$25,637

Reflect an adjustment in telecommunications expenses.

$19,934

$19,934

Reduce funds for personal services and eliminate one position.

($45,227)

($45,227)

Reduce funds for communications.

($1,851)

($1,851)

Reduce funds for Civil Air Patrol contract.

($16,163)

($16,163)

Amount appropriated in this Act

$2,090,357 $32,601,395

26.7. Georgia Commission on Equal Opportunity

Purpose: The purpose of this appropriation is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act, which makes it unlawful to discriminate against any individual.

Total Funds

$1,049,147

Federal Funds and Grants

$395,550

Federal Funds Not Specifically Identified

$395,550

State Funds

$653,597

State General Funds

$653,597

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$473,461

$869,011

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$10,989

$10,989

Reflect an adjustment in telecommunications expenses.

($604)

($604)

Increase state funds to replace the loss of federal funds.

$169,751

$169,751

Amount appropriated in this Act

$653,597

$1,049,147

2594

JOURNAL OF THE HOUSE

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

$6,535,193

Federal Funds and Grants

$411,930

Child Care and Development Block Grant

$40,015

Federal Funds Not Specifically Identified

$371,915

Other Funds

$500

Other Funds - Not Specifically Identified

$500

State Funds

$6,122,763

State General Funds

$6,122,763

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,954,848

$6,367,278

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$99,644

$99,644

Reflect an adjustment in telecommunications expenses.

$130

$130

Reduce funds for operating expenses.

($49,645)

($49,645)

Reduce funds for contractual services.

($71,000)

($71,000)

Reduce funds for computer charges.

($58,000)

($58,000)

Reduce funds for telecommunications.

($3,214)

($3,214)

Increase funds to ensure staff development funds align professional learning with results in improved student achievement.

$250,000

$250,000

Amount appropriated in this Act

$6,122,763

$6,535,193

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 Business Practices Act and other related consumer protection statutes.

Total Funds

$6,520,705

Other Funds

$1,414,753

Other Funds - Not Specifically Identified

$1,414,753

State Funds

$5,105,952

State General Funds

$5,105,952

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 12, 2013

2595

Amount from prior Appropriation Act (HB 742) Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Transfer funds for Team Georgia staff and operations to the Department of Administrative Services. Reduce funds for personal services and operating expenses. Amount appropriated in this Act

State Funds $5,682,565
$84,613
($140,749) ($350,000)
($170,477) $5,105,952

Total Funds $7,097,318
$84,613
($140,749) ($350,000)
($170,477) $6,520,705

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

26.11. Office of the State Inspector General

Purpose: The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse.

Total Funds

$565,999

State Funds

$565,999

State General Funds

$565,999

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$572,486

$572,486

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$10,688

$10,688

Reduce funds for personal services and operating expenses.

($17,175)

($17,175)

Amount appropriated in this Act

$565,999

$565,999

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

$2,857,149

State Funds

$2,857,149

State General Funds

$2,857,149

2596

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 (HB 742)

$2,455,543

$2,455,543

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$14,131

$14,131

Reflect an adjustment in telecommunications expenses.

$651

$651

Reduce funds for contractual services.

($10,000)

($10,000)

Transfer funds from the Department of Education for technology for the Reading Mentors program.

$396,824

$396,824

Amount appropriated in this Act

$2,857,149

$2,857,149

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 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 Prior Year Funds - Other State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$1,556,995,543 $995,541,406 $1,308,661 $10,191,339 $15,977,927 $73,978,576 $51,766,614 $60,867,092 $53,771,331 $9,551,600 $321,190,139 $396,938,127 $64,333,037 $2,841,500 $60,762,024 $729,513 $492,512,266 $486,320,460 $6,191,806 $4,608,834 $4,608,834

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:

TUESDAY, MARCH 12, 2013

2597

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

$87,727,029

Federal Funds and Grants

$53,449,931

Temporary Assistance for Needy Families Block Grant

$16,400,000

Federal Funds Not Specifically Identified

$37,049,931

Other Funds

$46,500

Other Funds - Not Specifically Identified

$46,500

State Funds

$34,230,598

State General Funds

$34,230,598

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$34,257,279 $87,753,710

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$35,648

$35,648

2598

JOURNAL OF THE HOUSE

Reduce funds to reflect a change in the federal participation rate from 65.71% in FY 2013 to 65.84% in FY 2014.
Amount appropriated in this Act

($62,329) $34,230,598

($62,329) $87,727,029

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

$15,691,720

Federal Funds and Grants

$15,691,720

Temporary Assistance for Needy Families Block Grant

$15,500,000

Federal Funds Not Specifically Identified

$191,720

27.3. Child Care Licensing

Purpose: The purpose of this appropriation is to protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring, and inspecting residential care providers.

Total Funds

$2,161,817

Federal Funds and Grants

$619,263

Foster Care Title IV-E

$619,263

State Funds

$1,542,554

State General Funds

$1,542,554

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,581,992

$2,220,406

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$8,023

$8,023

Reduce funds for one vacant surveyor position.

($47,461)

($66,612)

Amount appropriated in this Act

$1,542,554

$2,161,817

27.4. 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

$9,082,178

Federal Funds and Grants

$9,082,178

Child Care and Development Block Grant

$9,082,178

27.5. Child Support Services
Purpose: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TUESDAY, MARCH 12, 2013

2599

Total Funds

$97,557,142

Federal Funds and Grants

$69,935,478

Social Services Block Grant

$120,000

Federal Funds Not Specifically Identified

$69,815,478

Other Funds

$2,841,500

Agency Funds

$2,841,500

State Funds

$24,384,404

State General Funds

$24,384,404

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 (HB 742)

$24,606,037 $99,083,589

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$450,544

$450,544

Eliminate 35 vacant positions.

($526,670) ($1,549,029)

Reduce funds for operating expenses.

($145,507)

($427,962)

Amount appropriated in this Act

$24,384,404 $97,557,142

27.6. Child Welfare Services

Purpose: The purpose of this appropriation is to investigate allegations of child abuse, abandonment, and neglect, and to provide services to protect the child and strengthen the family.

Total Funds

$250,504,513

Federal Funds and Grants

$147,919,258

CCDF Mandatory and Matching Funds

$189,956

Foster Care Title IV-E

$29,203,771

Medical Assistance Program

$159,050

Social Services Block Grant

$9,089,845

Temporary Assistance for Needy Families Block Grant

$80,600,000

Federal Funds Not Specifically Identified

$28,676,636

Other Funds

$8,500,000

Other Funds - Not Specifically Identified

$8,500,000

State Funds

$93,972,766

State General Funds

$93,972,766

Intra-State Government Transfers

$112,489

Other Intra-State Government Payments

$112,489

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2600

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB 742) Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Amount appropriated in this Act

State Funds $92,366,911
$1,605,855

Total Funds $248,898,658
$1,605,855

$93,972,766 $250,504,513

27.7. Child Welfare Services - Special Project

Purpose: The purpose of this appropriation is to increase funds for Child Advocacy Centers.

Total Funds

$250,000

Federal Funds and Grants

$250,000

Temporary Assistance for Needy Families Block Grant

$250,000

27.8. Community Services

Purpose: The purpose of this appropriation is to provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services.

Total Funds

$15,884,951

Federal Funds and Grants

$15,884,951

Community Service Block Grant

$15,884,951

27.9. Departmental Administration

Purpose: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia.

Total Funds

$94,538,727

Federal Funds and Grants

$47,041,845

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

$5,590,134

Low-Income Home Energy Assistance

$200,000

Medical Assistance Program

$4,437,952

Social Services Block Grant

$2,539,375

Temporary Assistance for Needy Families Block Grant

$8,095,249

Federal Funds Not Specifically Identified

$24,758,293

Other Funds

$11,187,482

Other Funds - Not Specifically Identified

$11,187,482

State Funds

$32,208,815

State General Funds

$32,208,815

Intra-State Government Transfers

$4,100,585

TUESDAY, MARCH 12, 2013

2601

Other Intra-State Government Payments

$4,100,585

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$37,586,501 $100,242,736

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$770,674

$770,674

Increase funds to reflect an adjustment in TeamWorks billings.

$23,043

$23,043

Reflect an adjustment in telecommunications expenses.

($4,618,034) ($4,618,034)

Reduce funds for operating expenses.

($86,266)

($102,038)

Reduce funds for personal services.

($339,543)

($339,543)

Reduce funds for computer charges.

($81,110)

($112,653)

Reduce funds for contractual services in information technology.

($717,450)

($996,458)

Reduce funds for Liberty County DFCS office rent.

($50,000)

($50,000)

Transfer to the Governor's Office of Children and Families for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to shelters.

($279,000)

($279,000)

Amount appropriated in this Act

$32,208,815 $94,538,727

27.10. Elder Abuse Investigations and Prevention

Purpose: The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred.

Total Funds

$18,056,018

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

$14,482,585

State General Funds

$14,482,585

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,212,422 $17,785,855

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$270,163

$270,163

Eliminate 17 family service worker positions.

$0

$0

Amount appropriated in this Act

$14,482,585 $18,056,018

2602

JOURNAL OF THE HOUSE

27.11. Elder Community Living Services

Purpose: The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$112,894,676

Federal Funds and Grants

$41,416,802

Medical Assistance Program

$13,765,259

Social Services Block Grant

$3,761,430

Federal Funds Not Specifically Identified

$23,890,113

State Funds

$71,477,874

State General Funds

$65,286,068

Tobacco Settlement Funds

$6,191,806

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$71,786,918 $113,203,720

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$13,113

$13,113

Reduce funds for contractual services.

$0

$0

Reduce funds to reflect a change in the federal participation rate from 65.71% in FY 2013 to 65.84% in FY 2014.

($144,298)

($144,298)

Transfer funds for the Center for the Visually Impaired contract to the Vocational Rehabilitation Program in the Georgia Vocational Rehabilitation Agency.

($177,859)

($177,859)

Transfer state general funds of to the Elder Support Services program and replace with tobacco settlement funds.

$1,117,929

$1,117,929

Transfer state general funds of to the Elder Support Services program and replace with tobacco settlement funds.

($1,117,929) ($1,117,929)

Amount appropriated in this Act

$71,477,874 $112,894,676

27.12. Elder Support Services

Purpose: The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services.

Total Funds

$8,720,517

Federal Funds and Grants

$5,866,268

Federal Funds Not Specifically Identified

$5,866,268

State Funds

$2,854,249

State General Funds

$2,854,249

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 12, 2013

2603

Amount from prior Appropriation Act (HB 742)
Transfer tobacco settlement funds to the Elder Community Living Services program and replace with state general funds.
Transfer tobacco settlement funds to the Elder Community Living Services program and replace with state general funds.
Amount appropriated in this Act

State Funds $2,854,249 $1,117,929
($1,117,929)
$2,854,249

Total Funds $8,720,517 $1,117,929
($1,117,929)
$8,720,517

27.13. Energy Assistance

Purpose: The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

Total Funds

$51,201,001

Federal Funds and Grants

$51,201,001

Low-Income Home Energy Assistance

$51,201,001

27.14. Family Violence Services

Purpose: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

Total Funds

$13,885,494

Federal Funds and Grants

$2,083,044

Federal Funds Not Specifically Identified

$2,083,044

State Funds

$11,802,450

State General Funds

$11,802,450

27.15. 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

$240,834,096

Federal Funds and Grants

$126,313,967

Child Care and Development Block Grant

$900,000

Foster Care Title IV-E

$2,882,030

Low-Income Home Energy Assistance

$365,613

Medical Assistance Program

$40,832,012

Temporary Assistance for Needy Families Block Grant

$19,628,860

Federal Funds Not Specifically Identified

$61,705,452

Other Funds

$10,234,164

Other Funds - Not Specifically Identified

$10,234,164

State Funds

$104,285,965

2604

JOURNAL OF THE HOUSE

State General Funds

$104,285,965

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$103,489,119 $240,037,250

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,894,009

$1,894,009

Increase funds to reflect an adjustment in TeamWorks billings.

$5,502

$5,502

Reflect an adjustment in telecommunications expenses.

($1,102,665) ($1,102,665)

Amount appropriated in this Act

$104,285,965 $240,834,096

27.16. 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

$61,768,742

Federal Funds and Grants

$61,768,742

Social Services Block Grant

$35,981,142

Temporary Assistance for Needy Families Block Grant

$25,787,600

27.17. 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

$199,854,608

Federal Funds and Grants

$127,506,759

Foster Care Title IV-E

$35,683,378

Temporary Assistance for Needy Families Block Grant

$91,734,359

Federal Funds Not Specifically Identified

$89,022

State Funds

$72,347,849

State General Funds

$72,347,849

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$67,637,113 $194,165,886

Reduce funds to reflect a change in the federal participation rate from 65.71% in FY 2013 to 65.84% in FY 2014.

($65,349)

($65,349)

Reduce funds for operating expenses.

($50,000)

($50,000)

Increase funds to reflect a 3% rate adjustment among all Out-ofHome Care providers.

$4,826,085

$5,804,071

Amount appropriated in this Act

$72,347,849 $199,854,608

TUESDAY, MARCH 12, 2013

2605

27.18. 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

27.19. 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

27.20. Support for Needy Families - Work Assistance

Purpose: The purpose of this appropriation is to assist needy Georgian families in achieving selfsufficiency 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 following appropriations are for agencies attached for administrative purposes.

27.21. 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

$205,072

State Funds

$205,072

State General Funds

$205,072

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$205,127

$205,127

2606

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reduce funds for personal services. Amount appropriated in this Act

$6,099
($6,154) $205,072

$6,099
($6,154) $205,072

27.22. 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

$9,677,967

Federal Funds and Grants

$1,172,819

Medical Assistance Program

$1,172,819

State Funds

$8,505,148

State General Funds

$8,505,148

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,032,225

$9,754,007

Eliminate two vacant administrative positions.

($76,040)

($76,040)

Replace state funds with federal funds.

($451,037)

$0

Amount appropriated in this Act

$8,505,148

$9,677,967

27.23. 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

$2,582,579

Federal Funds and Grants

$2,311,624

Federal Funds Not Specifically Identified

$2,311,624

State Funds

$270,955

State General Funds

$270,955

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$267,655

$2,579,279

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$3,300

$3,300

Amount appropriated in this Act

$270,955

$2,582,579

27.24. Georgia Vocational Rehabilitation Agency: Departmental Administration Purpose: The purpose of this appropriation is to help people with disabilities to become fully

TUESDAY, MARCH 12, 2013

2607

productive members of society by achieving independence and meaningful employment.

Total Funds

$3,651,485

Federal Funds and Grants

$2,335,411

Federal Funds Not Specifically Identified

$2,335,411

State Funds

$1,316,074

State General Funds

$1,316,074

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,401,526

$3,736,937

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$14,842

$14,842

Increase funds to reflect an adjustment in TeamWorks billings.

$2,691

$2,691

Reduce funds for personal services.

($102,985)

($102,985)

Amount appropriated in this Act

$1,316,074

$3,651,485

27.25. 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

27.26. 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

$11,099,375

Prior Year Funds - Other

$729,513

27.27. 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

$30,991,307

Federal Funds and Grants

$6,994,089

Federal Funds Not Specifically Identified

$6,994,089

Other Funds

$18,888,287

Other Funds - Not Specifically Identified

$18,888,287

2608

JOURNAL OF THE HOUSE

State Funds

$5,108,931

State General Funds

$5,108,931

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,484,053 $31,366,429

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$128,228

$128,228

Reduce funds for personal services.

($338,350)

($338,350)

Reduce funds for operating expenses.

($165,000)

($165,000)

Amount appropriated in this Act

$5,108,931 $30,991,307

27.28. 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

$79,889,346

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

$13,415,977

State General Funds

$13,415,977

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$13,031,299 $79,504,668

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$206,819

$206,819

Redirect personal services savings to client services.

$0

$0

Transfer funds for the Center for the Visually Impaired contract from the Elder Community Living Services program in the Department of Human Services.

$177,859

$177,859

Amount appropriated in this Act

$13,415,977 $79,889,346

Section 28: Insurance, Office of the Commission of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds

$21,550,156 $2,126,966 $2,126,966 $97,232

TUESDAY, MARCH 12, 2013

2609

Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$81,806 $15,426 $19,325,958 $19,325,958

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

$1,747,305

State Funds

$1,747,305

State General Funds

$1,747,305

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,699,506

$1,699,506

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$35,672

$35,672

Increase funds to reflect an adjustment in TeamWorks billings.

$2,201

$2,201

Reflect an adjustment in telecommunications expenses.

$9,926

$9,926

Amount appropriated in this Act

$1,747,305

$1,747,305

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

$756,822

State Funds

$756,822

State General Funds

$756,822

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$743,485

$743,485

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$13,337

$13,337

Amount appropriated in this Act

$756,822

$756,822

28.3. Fire Safety
Purpose: The purpose of this appropriation is to promote fire safety and industrial 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

2610

JOURNAL OF THE HOUSE

rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials.

Total Funds

$8,126,697

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

$6,906,358

State General Funds

$6,906,358

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,403,077

$8,623,416

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$147,894

$147,894

Reduce funds for personal services.

($239,261)

($239,261)

Eliminate the Bureau of Labor Statistics contract.

($140,000)

($140,000)

Reduce funds for operating expenses.

($8,332)

($8,332)

Eliminate the Department of Labor contract for information technology services.

($112,188)

($112,188)

Reduce funds to align budget with expenditures.

($144,832)

($144,832)

Amount appropriated in this Act

$6,906,358

$8,126,697

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

$656,703

State Funds

$656,703

State General Funds

$656,703

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$646,000

$646,000

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$10,703

$10,703

Amount appropriated in this Act

$656,703

$656,703

TUESDAY, MARCH 12, 2013

2611

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

$6,148,535

Federal Funds and Grants

$1,003,859

Federal Funds Not Specifically Identified

$1,003,859

State Funds

$5,144,676

State General Funds

$5,144,676

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,037,835

$6,041,694

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$106,841

$106,841

Amount appropriated in this Act

$5,144,676

$6,148,535

28.6. Special Fraud

Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

Total Funds

$4,114,094

State Funds

$4,114,094

State General Funds

$4,114,094

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,437,712

$3,437,712

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$76,382

$76,382

Increase funds to reflect assessments to insurance providers for additional fraud detection coverage.

$600,000

$600,000

Amount appropriated in this Act

$4,114,094

$4,114,094

Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds

$139,015,789 $27,148,061 $27,148,061 $23,224,123

2612

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified State Funds
State General Funds

$23,224,123 $88,643,605 $88,643,605

29.1. Bureau Administration

Purpose: The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property.

Total Funds

$7,594,570

Federal Funds and Grants

$30,000

Federal Funds Not Specifically Identified

$30,000

State Funds

$7,564,570

State General Funds

$7,564,570

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,275,139

$7,305,139

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$77,831

$77,831

Increase funds to reflect an adjustment in TeamWorks billings.

$11,890

$11,890

Reflect an adjustment in telecommunications expenses.

$199,710

$199,710

Reduce funds for contractual services.

$0

$0

Amount appropriated in this Act

$7,564,570

$7,594,570

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

$10,425,506

Federal Funds and Grants

$181,425

Federal Funds Not Specifically Identified

$181,425

Other Funds

$6,311,298

Other Funds - Not Specifically Identified

$6,311,298

State Funds

$3,932,783

State General Funds

$3,932,783

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 12, 2013

2613

Amount from prior Appropriation Act (HB 742)
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Replace state funds with other funds for operations to reflect revised revenue projections.
Replace state funds with additional anticipated revenues from fingerprint fees for operations.
Amount appropriated in this Act

State Funds $6,153,521
$111,187
($411,925)
($1,920,000)
$3,932,783

Total Funds $10,314,319
$111,187
$0
$0
$10,425,506

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

$29,227,699

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

$28,988,703

State General Funds

$28,988,703

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$26,558,210 $26,797,206

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$389,155

$389,155

Reflect an adjustment in telecommunications expenses.

$800,000

$800,000

Increase funds to provide for the second installment of the law enforcement career ladder in Forensic Scientific Services Program.

$1,217,000

$1,217,000

Eliminate one-time funds for equipment.

($70,000)

($70,000)

Increase funds to retain positions within the Chemistry Unit previously funded with federal grants.

$94,338

$94,338

Amount appropriated in this Act

$28,988,703 $29,227,699

29.4. Regional Investigative Services Purpose: The purpose of this appropriation is to identify, collect, preserve, and process evidence

2614

JOURNAL OF THE HOUSE

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

$32,499,880

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

$31,054,315

State General Funds

$31,054,315

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$28,244,689 $29,690,254

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$533,698

$533,698

Reflect an adjustment in telecommunications expenses.

$300,000

$300,000

Reduce funds for personal services and eliminate six administrative positions.

($127,521)

($127,521)

Reduce funds for non-statutory travel.

($60,363)

($60,363)

Reduce funds for telecommunications by eliminating landlines for employees who have business cell phones.

($111,755)

($111,755)

Reduce funds for personal services in the communications center.

($341,877)

($341,877)

Transfer seven positions to the Department of Public Safety and enter into an MOU for operational control activities.

$0

$0

Increase funds to provide for the second installment of the law enforcement career ladder in Regional Investigative Services Program.

$1,742,810

$1,742,810

Increase funds to retain positions within the Child Exploitation and Computer Crimes Unit previously funded with federal grants.

$132,568

$132,568

Increase funds to retain positions within the Regional Investigations Unit previously funded with federal grants.

$742,066

$742,066

Amount appropriated in this Act

$31,054,315 $32,499,880

The following appropriations are for agencies attached for administrative purposes.

29.5. Criminal Justice Coordinating Council
Purpose: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants.

TUESDAY, MARCH 12, 2013

2615

Total Funds

$59,268,134

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

$17,103,234

State General Funds

$17,103,234

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$11,984,709 $54,149,609

Reflect an adjustment in telecommunications expenses.

$4,056

$4,056

Reduce funds for temporary labor.

($10,531)

($10,531)

Increase funds for accountability court grant program support.

$125,000

$125,000

Provide funds for the creation of community based Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders.

$5,000,000

$5,000,000

Amount appropriated in this Act

$17,103,234 $59,268,134

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

$307,837,422 $1,524,955 $1,524,955 $5,346,927 $5,346,927
$300,965,540 $300,965,540

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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management.

Total Funds

$83,523,820

2616

JOURNAL OF THE HOUSE

Other Funds

$1,724,638

Other Funds - Not Specifically Identified

$1,724,638

State Funds

$81,799,182

State General Funds

$81,799,182

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$88,760,377 $90,485,015

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$931,905

$931,905

Increase funds to reflect an adjustment in TeamWorks billings.

$9,428

$9,428

Reflect an adjustment in telecommunications expenses.

($52,600)

($52,600)

Eliminate funds for contracts in low utilization programs and utilize funds to support secure facilities.

($5,918,840) ($5,918,840)

Reduce funds for contracts by switching 114 non-secure detention monitoring slots not in independent court districts to active GPS monitoring.

($1,769,520)

($1,769,520)

Reduce funds for telecommunications by eliminating landlines for employees with state assigned mobile phones.

($161,568)

($161,568)

Reflect a change in the purpose statement.

$0

$0

Amount appropriated in this Act

$81,799,182 $83,523,820

30.2. 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

$27,743,800

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

$27,193,918

State General Funds

$27,193,918

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$26,944,170 $27,494,052

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$310,096

$310,096

Increase funds to reflect an adjustment in TeamWorks billings.

$2,864

$2,864

TUESDAY, MARCH 12, 2013

2617

Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

($63,212) $27,193,918

($63,212) $27,743,800

30.3. 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

$86,610,085

Federal Funds and Grants

$1,089,360

Federal Funds Not Specifically Identified

$1,089,360

Other Funds

$1,578,199

Other Funds - Not Specifically Identified

$1,578,199

State Funds

$83,942,526

State General Funds

$83,942,526

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$81,513,332 $84,180,891

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,141,462

$1,141,462

Increase funds to reflect an adjustment in TeamWorks billings.

$8,758

$8,758

Reflect an adjustment in telecommunications expenses.

($23,142)

($23,142)

Reduce funds for operating expenses related to education services at multiple YDCs.

($537,709)

($537,709)

Eliminate two recreation staff positions at Eastman Youth Development Campus (YDC).

($79,149)

($79,149)

Increase funds for operations and 77 positions for a 30-bed YDC opening January 1, 2014.

$1,918,974

$1,918,974

Redirect $4,493,720 in existing bond proceeds to construct a 30bed YDC.

$0

$0

Amount appropriated in this Act

$83,942,526 $86,610,085

30.4. 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

$109,959,717

2618

JOURNAL OF THE HOUSE

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

$108,029,914

State General Funds

$108,029,914

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$103,529,255 $105,459,058

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,654,252

$1,654,252

Increase funds to reflect an adjustment in TeamWorks billings.

$10,984

$10,984

Reflect an adjustment in telecommunications expenses.

($30,834)

($30,834)

Increase funds for operations and 107 positions for the Rockdale Regional Youth Detention Center (RYDC) opening July 1, 2013.

$2,866,257

$2,866,257

Amount appropriated in this Act

$108,029,914 $109,959,717

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

$136,470,206 $122,284,919 $122,284,919
$14,045,014 $14,045,014
$140,273 $140,273

31.1. 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

$33,044,653

Federal Funds and Grants

$31,312,292

Federal Funds Not Specifically Identified

$31,312,292

State Funds

$1,592,088

State General Funds

$1,592,088

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:

TUESDAY, MARCH 12, 2013

2619

Amount from prior Appropriation Act (HB 742) Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Increase funds to reflect an adjustment in TeamWorks billings. Reflect an adjustment in telecommunications expenses. Eliminate funds for three filled positions. Amount appropriated in this Act

State Funds $1,818,382
$27,140
$839 $683 ($254,956) $1,592,088

Total Funds $33,270,947
$27,140
$839 $683 ($254,956) $33,044,653

31.2. 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

31.3. 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 (HB 742)

$5,789,691 $54,962,877

Utilize existing state funds of $5,789,691 to pay the Unemployment Insurance Trust Fund loan interest payment due September 30, 2013.

$0

$0

Amount appropriated in this Act

$5,789,691 $54,962,877

31.4. 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

$46,212,803

Federal Funds and Grants

$39,549,568

Federal Funds Not Specifically Identified

$39,549,568

2620

JOURNAL OF THE HOUSE

State Funds

$6,663,235

State General Funds

$6,663,235

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,798,338 $46,347,906

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$68,153

$68,153

Reflect an adjustment in telecommunications expenses.

$694

$694

Eliminate funds for four filled positions.

($203,950)

($203,950)

Amount appropriated in this Act

$6,663,235 $46,212,803

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

$60,214,549 $3,597,990 $3,597,990
$37,377,433 $37,377,433 $19,239,126 $19,239,126

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

$55,467,187

Other Funds

$37,375,322

Other Funds - Not Specifically Identified

$37,375,322

State Funds

$18,091,865

State General Funds

$18,091,865

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$17,702,607 $55,077,929

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$439,387

$439,387

Increase funds to reflect an adjustment in TeamWorks billings.

$4,593

$4,593

Reflect an adjustment in telecommunications expenses.

($54,722)

($54,722)

TUESDAY, MARCH 12, 2013

2621

Amount appropriated in this Act

$18,091,865 $55,467,187

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

$4,747,362

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

$1,147,261

State General Funds

$1,147,261

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,135,658

$4,735,759

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$16,361

$16,361

Reflect an adjustment in telecommunications expenses.

($4,758)

($4,758)

Amount appropriated in this Act

$1,147,261

$4,747,362

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 State Funds State General Funds

$253,895,051 $54,005,042 $11,607 $53,993,435
$107,194,025 $24,259,164 $82,934,861 $92,695,984 $92,695,984

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 -

2622

JOURNAL OF THE HOUSE

$579,346 for 20 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 20 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

$6,634,549

Federal Funds and Grants

$4,470,663

Federal Funds Not Specifically Identified

$4,470,663

Other Funds

$110,329

Other Funds - Not Specifically Identified

$110,329

State Funds

$2,053,557

State General Funds

$2,053,557

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,114,490

$6,695,482

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$30,860

$30,860

Reflect an adjustment in telecommunications expenses.

($2,095)

($2,095)

Replace state funds with existing federal funds for operating expenses.

($69,698)

($69,698)

Reduce funds for operating expenses.

($20,000)

($20,000)

Amount appropriated in this Act

$2,053,557

$6,634,549

33.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$11,742,587

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

$11,593,522

State General Funds

$11,593,522

TUESDAY, MARCH 12, 2013

2623

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$11,559,274 $11,708,339

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$164,219

$164,219

Increase funds to reflect an adjustment in TeamWorks billings.

$21,326

$21,326

Reflect an adjustment in telecommunications expenses.

($11,150)

($11,150)

Eliminate one vacant position and reduce funds for personal services.

($140,147)

($140,147)

Amount appropriated in this Act

$11,593,522 $11,742,587

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

$115,517,188

Federal Funds and Grants

$32,861,619

Federal Funds Not Specifically Identified

$32,861,619

Other Funds

$56,778,515

Agency Funds

$24,259,164

Other Funds - Not Specifically Identified

$32,519,351

State Funds

$25,877,054

State General Funds

$25,877,054

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$25,928,053 $115,568,187

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$361,595

$361,595

2624

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Reduce funds for personal services and eliminate six vacant positions. Reduce funds for contracts. Reduce funds for real estate rentals. Eliminate one-time funds for the Georgia Water Policy Center. Provide funds for Regional Water Councils. Amount appropriated in this Act

($24,554) ($575,108)

($24,554) ($575,108)

($140,000) ($72,932) ($100,000) $500,000 $25,877,054

($140,000) ($72,932)
($100,000) $500,000
$115,517,188

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 (HB 742)

$3,397,423

$3,397,423

Retain 100% of funds and utilize for clean-up activities, local government reimbursement requests, and operating expenses.

$0

$0

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

$2,601,602

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

$1,580,815

State General Funds

$1,580,815

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 12, 2013

2625

Amount from prior Appropriation Act (HB 742)
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Replace state funds with existing federal funds for personal services.
Transfer four positions and funds for operating expenses from Parks, Recreation and Historic Sites.
Amount appropriated in this Act

State Funds $1,306,663
$20,222
($1,373) ($18,316)
$273,619
$1,580,815

Total Funds $2,327,450
$20,222
($1,373) ($18,316)
$273,619
$2,601,602

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

$56,875,613

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

$13,690,630

State General Funds

$13,690,630

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$13,696,318 $56,881,301

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$193,946

$193,946

Reflect an adjustment in telecommunications expenses.

($13,170)

($13,170)

Reduce funds for operating expenses.

($254,392)

($254,392)

Reduce funds for personal services and eliminate two filled positions.

$0

$0

Transfer four positions and funds for operating expenses to Historic Preservation.

($273,619)

($273,619)

Increase funds to provide for the second installment of the law enforcement career ladder in the Parks, Recreation, and Historic Sites Program.

$341,547

$341,547

Amount appropriated in this Act

$13,690,630 $56,875,613

33.7. Pollution Prevention Assistance Purpose: The purpose of this appropriation is to promote sustainability and conserve Georgia's

2626

JOURNAL OF THE HOUSE

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$211,893

Eliminate the Pollution Prevention Assistance program and seven associated positions.

$0

($211,893)

Amount appropriated in this Act

$0

$0

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

$1,865,775

State Funds

$1,865,775

State General Funds

$1,865,775

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,923,479

$1,923,479

Reduce funds for operating expenses.

($57,704)

($57,704)

Amount appropriated in this Act

$1,865,775

$1,865,775

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

$55,260,314

Federal Funds and Grants

$13,837,944

Federal Funds Not Specifically Identified

$13,837,944

Other Funds

$8,785,162

Other Funds - Not Specifically Identified

$8,785,162

State Funds

$32,637,208

State General Funds

$32,637,208

TUESDAY, MARCH 12, 2013

2627

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$32,129,399 $54,752,505

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$492,382

$492,382

Reflect an adjustment in telecommunications expenses.

($33,438)

($33,438)

Reduce funds for personal services and eliminate two filled positions and three vacant positions.

($367,868)

($367,868)

Reduce funds for operating expenses.

($305,762)

($305,762)

Replace state funds with existing federal and other funds.

($291,298)

($291,298)

Increase funds to provide for the second installment of the law enforcement career ladder in the Wildlife Resources Program.

$1,013,793

$1,013,793

Amount appropriated in this Act

$32,637,208 $55,260,314

Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified State Funds
State General Funds

$53,799,271 $806,050 $806,050
$52,993,221 $52,993,221

34.1. Board Administration

Purpose: The purpose of this appropriation is to provide administrative support for the agency.

Total Funds

$5,018,284

State Funds

$5,018,284

State General Funds

$5,018,284

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,952,894

$4,952,894

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$67,530

$67,530

Increase funds to reflect an adjustment in TeamWorks billings.

$5,335

$5,335

Reflect an adjustment in telecommunications expenses.

($7,475)

($7,475)

Amount appropriated in this Act

$5,018,284

$5,018,284

34.2. Clemency Decisions Purpose: The purpose of this appropriation is to collect data on offenders within the correctional

2628

JOURNAL OF THE HOUSE

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

$11,946,790

State Funds

$11,946,790

State General Funds

$11,946,790

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$11,610,330 $11,610,330

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$241,178

$241,178

Reflect an adjustment in telecommunications expenses.

($1,196)

($1,196)

Reduce funds for personal services.

($43,000)

($43,000)

Transfer funds and two positions from the Parole Supervision program to support the transition center max-out initiative.

$139,478

$139,478

Amount appropriated in this Act

$11,946,790 $11,946,790

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

$36,373,866

Federal Funds and Grants

$806,050

Federal Funds Not Specifically Identified

$806,050

State Funds

$35,567,816

State General Funds

$35,567,816

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$36,867,564 $37,673,614

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$646,358

$646,358

Reflect an adjustment in telecommunications expenses.

($20,930)

($20,930)

Reduce funds for personal services and eliminate 14 administrative positions as part of the virtual office initiative.

($509,715)

($509,715)

Reduce funds for real estate rentals as part of the virtual office initiative.

($1,113,500) ($1,113,500)

TUESDAY, MARCH 12, 2013

2629

Transfer funds and two positions to the Clemency Decisions program.
Reduce funds for operating expenses as part of the virtual office initiative.
Reduce funds for personal services.
Amount appropriated in this Act

($139,478)
($105,483)
($57,000) $35,567,816

($139,478)
($105,483)
($57,000) $36,373,866

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

$460,331

State Funds

$460,331

State General Funds

$460,331

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$450,983

$450,983

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$9,647

$9,647

Reflect an adjustment in telecommunications expenses.

($299)

($299)

Amount appropriated in this Act

$460,331

$460,331

Section 35: Properties Commission, State Total Funds Other Funds
Other Funds - Not Specifically Identified Prior Year Funds - Other

$820,201 $820,201 $705,234 $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

$820,201

Other Funds

$820,201

Other Funds - Not Specifically Identified

$705,234

Prior Year Funds - Other

$114,967

2630

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 (HB 742)

$0

$842,012

Reduce funds for operating expenses.

$0

($21,811)

Amount appropriated in this Act

$0

$820,201

The following appropriations are for agencies attached for administrative purposes.

35.2. Payments to Georgia Building Authority

Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Reduce funds due to utility savings from reduced rates and Atlanta Tradeport vacancy (Total Funds: ($824,123)).

$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

$41,526,595 $340,000 $340,000
$41,186,595 $41,186,595

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

$6,433,550

Other Funds

$340,000

Other Funds - Not Specifically Identified

$340,000

State Funds

$6,093,550

State General Funds

$6,093,550

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 12, 2013

2631

Amount from prior Appropriation Act (HB 742) 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 $6,005,496
$94,907
($6,853) $6,093,550

Total Funds $6,345,496
$94,907
($6,853) $6,433,550

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

$35,093,045

State Funds

$35,093,045

State General Funds

$35,093,045

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$34,395,328 $34,395,328

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$635,144

$635,144

Reflect an adjustment in telecommunications expenses.

($20,560)

($20,560)

Annualize funds provided in HB 742 (2012 Session) for two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Circuits.

$55,422

$55,422

Provide funds authorized in HB 451 (2013 Session) for one Assistant Public Defender starting January 1, 2014 reflecting a new judgeship in the Chattahoochee Judicial District.

$27,711

$27,711

Amount appropriated in this Act

$35,093,045 $35,093,045

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

$706,068,678 $430,705,994
$20,886,897 $1,926,366 $1,940,650
$10,404,530 $395,547,551
$52,423,532 $889,332

2632

JOURNAL OF THE HOUSE

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

$51,534,200 $222,850,083
$1,988,502 $207,368,721
$13,492,860 $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

$39,606,091

Federal Funds and Grants

$28,088,004

Maternal and Child Health Services Block Grant

$1,000,000

Preventive Health and Health Services Block Grant

$149,000

Temporary Assistance for Needy Families Block Grant

$10,404,530

Federal Funds Not Specifically Identified

$16,534,474

Other Funds

$1,237,224

Other Funds - Not Specifically Identified

$1,237,224

State Funds

$10,280,863

State General Funds

$3,648,684

Tobacco Settlement Funds

$6,632,179

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,903,663 $38,228,891

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$26,068

$26,068

Eliminate three vacant positions in adolescent health and youth development due to organizational restructure.

($239,233)

($239,233)

Provide funds for the SHAPE Initiative contract.

$170,625

$170,625

Transfer tobacco settlement funds for the Georgia Center for Oncology Research and Education (CORE) ($275,000) and Regional Cancer Coalitions ($1,204,740) from the Department of Economic Development to the Department of Public Health.

$275,000

$275,000

Reduce funds for programmatic grant-in-aid.

($60,000)

($60,000)

TUESDAY, MARCH 12, 2013

2633

Transfer tobacco settlement funds for the Regional Cancer Coalitions from the Department of Economic Development to the Department of Public Health for a direct contract with each of the five Regional Cancer Coalitions for $240,948.
Amount appropriated in this Act

$1,204,740

$1,204,740

$10,280,863 $39,606,091

37.2. Adult Essential Health Treatment Services

Purpose: The purpose of this appropriation is to provide treatment and services to low-income Georgians with cancer, and Georgians at risk of stroke or heart attacks.

Total Funds

$6,916,420

Federal Funds and Grants

$300,000

Preventive Health and Health Services Block Grant

$300,000

State Funds

$6,616,420

State General Funds

$3,171

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 (HB 742)

$7,224,986

$7,524,986

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$3,171

$3,171

Eliminate funds for hypertension outreach services.

($611,737)

($611,737)

Amount appropriated in this Act

$6,616,420

$6,916,420

37.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs.

Total Funds

$28,576,430

Federal Funds and Grants

$7,654,298

Medical Assistance Program

$1,807,258

Preventive Health and Health Services Block Grant

$471,900

Federal Funds Not Specifically Identified

$5,375,140

State Funds

$20,922,132

State General Funds

$20,790,337

Tobacco Settlement Funds

$131,795

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$20,492,715 $28,147,013

2634

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Increase funds to reflect an adjustment in TeamWorks billings. Reflect an adjustment in telecommunications expenses. Reduce funds for personal services ($1,880,240) and operating expenses ($40,000). Amount appropriated in this Act

$358,897
$23,376 $1,967,384 ($1,920,240)
$20,922,132

$358,897
$23,376 $1,967,384 ($1,920,240)
$28,576,430

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

$37,800,127

Federal Funds and Grants

$35,127,019

Maternal and Child Health Services Block Grant

$280,000

Preventive Health and Health Services Block Grant

$100,000

Federal Funds Not Specifically Identified

$34,747,019

Other Funds

$221,976

Other Funds - Not Specifically Identified

$221,976

State Funds

$2,451,132

State General Funds

$2,451,132

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,753,939 $38,102,934

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$47,193

$47,193

Eliminate one-time funds to evaluate a real-time interactive webbased quality assessment and assurance system utilizing American Association of Neurological Surgeons (AANS) approved evidence-based medicine for Traumatic Brain Injury.

($350,000)

($350,000)

Amount appropriated in this Act

$2,451,132 $37,800,127

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

$9,046,113

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

TUESDAY, MARCH 12, 2013

2635

Agency Funds

$25,156

State Funds

$4,041,841

State General Funds

$3,926,204

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 (HB 742)

$4,164,813

$9,169,085

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$27,028

$27,028

Reduce funds for tuberculosis detection, prevention, and treatment.

($200,000)

($200,000)

Restore funding to the Fulton DeKalb Hospital Authority for the Georgia Poison Center contract.

$50,000

$50,000

Amount appropriated in this Act

$4,041,841

$9,046,113

37.6. Immunization

Purpose: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$10,913,603

Federal Funds and Grants

$8,405,559

Preventive Health and Health Services Block Grant

$500,000

Federal Funds Not Specifically Identified

$7,905,559

State Funds

$2,507,264

State General Funds

$2,507,264

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,505,125 $10,911,464

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,139

$2,139

Amount appropriated in this Act

$2,507,264 $10,913,603

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

$48,034,810

Federal Funds and Grants

$27,264,919

2636

JOURNAL OF THE HOUSE

Maternal and Child Health Services Block Grant

$8,698,918

Federal Funds Not Specifically Identified

$18,566,001

Other Funds

$75,000

Other Funds - Not Specifically Identified

$75,000

State Funds

$20,694,891

State General Funds

$20,694,891

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$22,079,771 $49,419,690

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$30,541

$30,541

Reduce funds for programmatic grant-in-aid.

($1,101,746) ($1,101,746)

Increase funds for the sickle cell disease treatment contract.

$150,000

$150,000

Recognize contract savings by moving high cost hemophilia clients to the federal Pre-Existing Condition Insurance Plan (PECIP).

($189,018)

($189,018)

Replace state funds with existing federal funds in the oral health prevention program.

($274,657)

($274,657)

Amount appropriated in this Act

$20,694,891 $48,034,810

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

$319,535,559

Federal Funds and Grants

$257,026,187

Maternal and Child Health Services Block Grant

$10,623,280

Medical Assistance Program

$119,108

Federal Funds Not Specifically Identified

$246,283,799

Other Funds

$50,245,945

Agency Funds

$245,945

Other Funds - Not Specifically Identified

$50,000,000

State Funds

$12,192,738

State General Funds

$12,192,738

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:

TUESDAY, MARCH 12, 2013

2637

Amount from prior Appropriation Act (HB 742) Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reduce funds for programmatic grant-in-aid. Amount appropriated in this Act

State Funds $12,203,708
$44,030

Total Funds $319,546,529
$44,030

($55,000)

($55,000)

$12,192,738 $319,535,559

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

$91,605,199

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

$31,228,127

State General Funds

$31,228,127

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$30,499,493 $90,876,565

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$158,129

$158,129

Increase funds to provide clinical services and testing supplies.

$570,505

$570,505

Amount appropriated in this Act

$31,228,127 $91,605,199

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

$5,209,830

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

$3,620,859

State General Funds

$3,620,859

2638

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 (HB 742)

$3,571,617

$5,160,588

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$49,242

$49,242

Amount appropriated in this Act

$3,620,859

$5,209,830

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

$87,317,646

State Funds

$87,317,646

State General Funds

$87,317,646

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$81,858,779 $82,845,330

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$4,885,533

$4,885,533

Reduce funds for programmatic grant-in-aid.

($986,551) ($1,973,102)

Provide funds for the third year phase-in of the new grant-in-aid formula to hold harmless all counties.

$1,559,885

$1,559,885

Amount appropriated in this Act

$87,317,646 $87,317,646

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

$4,172,376

Federal Funds and Grants

$530,680

Federal Funds Not Specifically Identified

$530,680

State Funds

$3,641,696

State General Funds

$3,641,696

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,590,562

$4,121,242

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$51,134

$51,134

Amount appropriated in this Act

$3,641,696

$4,172,376

TUESDAY, MARCH 12, 2013

2639

The following appropriations are for agencies attached for administrative purposes.

37.13. Brain and Spinal Injury Trust Fund

Purpose: The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries.

Total Funds

$1,988,502

State Funds

$1,988,502

Brain and Spinal Injury Trust Fund

$1,988,502

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,396,580

$2,396,580

Reduce funds to reflect FY 2012 collections and to reflect reduced awards.

($408,078)

($408,078)

Amount appropriated in this Act

$1,988,502

$1,988,502

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

$15,345,972

State Funds

$15,345,972

State General Funds

$15,345,972

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$15,937,214 $15,937,214

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$9,381

$9,381

Reduce funds for contractual services.

($1,078,116) ($1,078,116)

Increase funds for uncompensated care and trauma readiness costs to reflect increased collections and new trauma centers.

$477,493

$477,493

Amount appropriated in this Act

$15,345,972 $15,345,972

Section 38: Public Safety, Department of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified

$187,909,234 $33,824,374 $33,824,374

2640

JOURNAL OF THE HOUSE

Other Funds Other Funds - Not Specifically Identified
State Funds State General Funds
Intra-State Government Transfers Other Intra-State Government Payments

$4,373,448 $4,373,448 $120,549,191 $120,549,191 $29,162,221 $29,162,221

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

$7,500,809

Federal Funds and Grants

$243,034

Federal Funds Not Specifically Identified

$243,034

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$3,157,775

State General Funds

$3,157,775

Intra-State Government Transfers

$4,000,000

Other Intra-State Government Payments

$4,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,114,878

$7,457,912

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$41,597

$41,597

Increase funds to reflect an adjustment in TeamWorks billings.

$223

$223

Reflect an adjustment in telecommunications expenses.

$1,077

$1,077

Amount appropriated in this Act

$3,157,775

$7,500,809

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

$7,372,499

Intra-State Government Transfers

$7,372,499

Other Intra-State Government Payments

$7,372,499

TUESDAY, MARCH 12, 2013

2641

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

$8,473,011

Federal Funds and Grants

$141,571

Federal Funds Not Specifically Identified

$141,571

Other Funds

$3,510

Other Funds - Not Specifically Identified

$3,510

State Funds

$8,327,930

State General Funds

$8,327,930

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,249,014

$8,394,095

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$142,394

$142,394

Increase funds to reflect an adjustment in TeamWorks billings.

$1,571

$1,571

Reflect an adjustment in telecommunications expenses.

$4,439

$4,439

Reduce funds for operating expenses.

($30,000)

($30,000)

Reduce funds for personal services.

($39,488)

($39,488)

Amount appropriated in this Act

$8,327,930

$8,473,011

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,602,488

$1,939,253

Reflect an adjustment in telecommunications expenses.

$769

$769

Transfer funds, 17 positions, and 33 motor vehicles to Field Offices and Services.

($1,603,257) ($1,940,022)

Amount appropriated in this Act

$0

$0

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

2642

JOURNAL OF THE HOUSE

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

$101,146,633

Federal Funds and Grants

$8,096,038

Federal Funds Not Specifically Identified

$8,096,038

Other Funds

$1,794,703

Other Funds - Not Specifically Identified

$1,794,703

State Funds

$83,735,892

State General Funds

$83,735,892

Intra-State Government Transfers

$7,520,000

Other Intra-State Government Payments

$7,520,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$77,541,397 $94,409,835

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,547,751

$1,547,751

Increase funds to reflect an adjustment in TeamWorks billings.

$12,771

$12,771

Reflect an adjustment in telecommunications expenses.

$68,295

$68,295

Reduce funds for operating expenses.

($169,564)

($169,564)

Reduce funds for personal services and replace a Specialized Collision Reconstruction Team Captain position with a Trooper position.

($64,556)

($64,556)

Transfer funds, 17 positions, and 33 motor vehicles from Executive Security Services.

$1,603,257

$1,940,022

Transfer funds, 36 positions, and 30 motor vehicles from Specialized Collision Reconstruction Team.

$3,275,622

$3,481,160

Reduce funds for personal services and reduce administration positions from five to three due to the Specialized Collision Reconstruction Team program integration.

($79,081)

($79,081)

Increase funds to reflect projected expenditures.

$0

$0

Transfer seven positions from the Georgia Bureau of Investigation and enter into an MOU for operational control activities.

$0

$0

Amount appropriated in this Act

$83,735,892 $101,146,633

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

TUESDAY, MARCH 12, 2013

2643

vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement.

Total Funds

$24,199,734

Federal Funds and Grants

$6,277,159

Federal Funds Not Specifically Identified

$6,277,159

Other Funds

$70,160

Other Funds - Not Specifically Identified

$70,160

State Funds

$9,797,945

State General Funds

$9,797,945

Intra-State Government Transfers

$8,054,470

Other Intra-State Government Payments

$8,054,470

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,125,133 $24,526,922

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$139,633

$139,633

Increase funds to reflect an adjustment in TeamWorks billings.

$2,808

$2,808

Reflect an adjustment in telecommunications expenses.

$808

$808

Reduce funds for operating expenses.

($87,051)

($87,051)

Reduce funds for computer expenses.

($133,386)

($133,386)

Reduce funds for motor vehicle purchases.

($250,000)

($250,000)

Replace state funds with Unified Carrier Registration revenue and

$0

$0

realize savings by utilizing an automated online fee collection

process and existing administrative staff.

Amount appropriated in this Act

$9,797,945 $24,199,734

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,274,853

$3,480,391

Reflect an adjustment in telecommunications expenses.

$769

$769

Transfer funds, 36 positions, and 30 motor vehicles to Field Offices and Services.

($3,275,622) ($3,481,160)

2644

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$0

$0

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

$1,535,585

State Funds

$1,535,585

State General Funds

$1,535,585

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,502,013

$1,502,013

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$32,602

$32,602

Increase funds to reflect an adjustment in TeamWorks billings.

$201

$201

Reflect an adjustment in telecommunications expenses.

$769

$769

Amount appropriated in this Act

$1,535,585

$1,535,585

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

$663,769

State Funds

$663,769

State General Funds

$663,769

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$635,005

$635,005

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$12,764

$12,764

Increase funds for personal services.

$16,000

$16,000

Amount appropriated in this Act

$663,769

$663,769

38.10. Office of Highway Safety Purpose: The purpose of this appropriation is to educate the public on highway safety issues, and

TUESDAY, MARCH 12, 2013

2645

facilitate the implementation of programs to reduce crashes, injuries, and fatalities on Georgia roadways.

Total Funds

$18,342,818

Federal Funds and Grants

$17,327,181

Federal Funds Not Specifically Identified

$17,327,181

Other Funds

$250

Other Funds - Not Specifically Identified

$250

State Funds

$560,135

State General Funds

$560,135

Intra-State Government Transfers

$455,252

Other Intra-State Government Payments

$455,252

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$368,599 $18,151,282

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$5,878

$5,878

Reflect an adjustment in telecommunications expenses.

$11,160

$11,160

Reduce funds for real estate rentals.

($11,058)

($11,058)

Increase funds for five positions to offset a loss of federal funds.

$185,556

$185,556

Amount appropriated in this Act

$560,135 $18,342,818

38.11. Peace Officer 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

$1,852,521

Other Funds

$308,051

Other Funds - Not Specifically Identified

$308,051

State Funds

$1,544,470

State General Funds

$1,544,470

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,471,897

$2,779,948

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$46,744

$46,744

Reflect an adjustment in telecommunications expenses.

$2,932

$2,932

2646

JOURNAL OF THE HOUSE

Eliminate one-time funds for training for newly elected Sheriffs. Replace state funds with other funds for operations. Transfer the Georgia Association of Chiefs of Police training contract to the Georgia Public Safety Training Center (GPSTC). Transfer the Georgia Sheriffs' Association training contract to the Georgia Public Safety Training Center (GPSTC). Reduce funds for personal services. Amount appropriated in this Act

($401,950) $0
($232,933)
($295,989)
($46,231) $1,544,470

($401,950) $0
($232,933)
($295,989)
($46,231) $1,852,521

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

$16,821,855

Federal Funds and Grants

$1,739,391

Federal Funds Not Specifically Identified

$1,739,391

Other Funds

$2,096,774

Other Funds - Not Specifically Identified

$2,096,774

State Funds

$11,225,690

State General Funds

$11,225,690

Intra-State Government Transfers

$1,760,000

Other Intra-State Government Payments

$1,760,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,611,301 $16,207,466

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$175,535

$175,535

Reflect an adjustment in telecommunications expenses.

$18,773

$18,773

Reduce funds for contractual services due to the closure of the North Central Georgia Law Enforcement Training Academy.

($200,000)

($200,000)

Reduce funds for personal services and eliminate two vacant positions.

($108,841)

($108,841)

Transfer the Georgia Association of Chiefs of Police training contract from the Peace Officer Standards and Training Council.

$232,933

$232,933

Transfer the Georgia Sheriffs' Association training contract from the Peace Officer Standards and Training Council.

$295,989

$295,989

Increase funds for law enforcement training operations to include the Dalton facility.

$200,000

$200,000

Amount appropriated in this Act

$11,225,690 $16,821,855

TUESDAY, MARCH 12, 2013

2647

Section 39: Public Service Commission Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified State Funds
State General Funds

$9,282,541 $1,300,246 $1,300,246 $7,740,820 $7,740,820

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

$1,220,435

Federal Funds and Grants

$83,500

Federal Funds Not Specifically Identified

$83,500

State Funds

$1,136,935

State General Funds

$1,136,935

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,111,939

$1,195,439

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$24,201

$24,201

Increase funds to reflect an adjustment in TeamWorks billings.

$271

$271

Reflect an adjustment in telecommunications expenses.

$524

$524

Amount appropriated in this Act

$1,136,935

$1,220,435

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

$2,146,873

Federal Funds and Grants

$1,188,246

Federal Funds Not Specifically Identified

$1,188,246

State Funds

$958,627

State General Funds

$958,627

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$977,613

$2,165,859

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$35,371

$35,371

2648

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Amount appropriated in this Act

$766 ($55,123) $958,627

$766 ($55,123) $2,146,873

39.3. Utilities Regulation

Purpose: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers.

Total Funds

$5,915,233

Federal Funds and Grants

$28,500

Federal Funds Not Specifically Identified

$28,500

State Funds

$5,645,258

State General Funds

$5,645,258

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,874,014

$6,143,989

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$126,592

$126,592

Reflect an adjustment in telecommunications expenses.

$2,740

$2,740

Reduce funds for personal services and eliminate three filled positions.

($358,088)

($358,088)

Reflect a change in the purpose statement.

$0

$0

Amount appropriated in this Act

$5,645,258

$5,915,233

Section 40: Regents, University System of Georgia Total Funds Other Funds
Agency Funds Other Funds - Not Specifically Identified Research Funds State Funds State General Funds

$6,398,647,609 $4,521,194,857 $2,488,606,751
$5,149,832 $2,027,438,274 $1,877,452,752 $1,877,452,752

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.

TUESDAY, MARCH 12, 2013

2649

Total Funds

$72,785,946

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$35,233,027

State General Funds

$35,233,027

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$35,107,005 $72,659,924

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$199,217

$199,217

Provide funding for scientists specializing in the areas of peaches ($75,000), Food Product and Innovation and Commercialization (FoodPIC) ($75,000), dairy heat stress ($150,000) and the Ted G. Dyer Beef Cattle Animal Scientist position at the Calhoun Extension Bull Test Station ($125,000).

$425,000

$425,000

Reduce funds for personal services.

($789,907)

($789,907)

Increase funds for the employer share of health insurance.

$291,712

$291,712

Amount appropriated in this Act

$35,233,027 $72,785,946

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

Agency Funds

$4,760,149

Research Funds

$184,373

40.3. Cooperative Extension Service

Purpose: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state.

Total Funds

$54,449,313

Other Funds

$25,083,929

Agency Funds

$21,102,370

Other Funds - Not Specifically Identified

$231,559

Research Funds

$3,750,000

State Funds

$29,365,384

2650

JOURNAL OF THE HOUSE

State General Funds

$29,365,384

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$29,467,851 $54,551,780

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$215,197

$215,197

Reduce funds for personal services.

($663,027)

($663,027)

Increase funds for the employer share of health insurance.

$345,363

$345,363

Amount appropriated in this Act

$29,365,384 $54,449,313

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

$17,662,612

Other Funds

$10,475,000

Agency Funds

$10,475,000

State Funds

$7,187,612

State General Funds

$7,187,612

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,375,440 $17,850,440

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$17,142

$17,142

Reduce funds for operating expenses.

($221,263)

($221,263)

Increase funds for the employer share of health insurance ($13,923) and retiree health benefits ($2,370).

$16,293

$16,293

Amount appropriated in this Act

$7,187,612 $17,662,612

40.5. Forestry Cooperative Extension

Purpose: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources.

Total Funds

$1,071,179

Other Funds

$575,988

Other Funds - Not Specifically Identified

$100,000

Research Funds

$475,988

State Funds

$495,191

TUESDAY, MARCH 12, 2013

2651

State General Funds

$495,191

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$502,786

$1,078,774

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$1,463

$1,463

Reduce funds for personal services.

($11,313)

($11,313)

Increase funds for the employer share of health insurance.

$2,255

$2,255

Amount appropriated in this Act

$495,191

$1,071,179

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

$12,812,680

Other Funds

$10,250,426

Agency Funds

$590,634

Other Funds - Not Specifically Identified

$659,792

Research Funds

$9,000,000

State Funds

$2,562,254

State General Funds

$2,562,254

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,579,928 $12,830,354

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$15,113

$15,113

Reduce funds for personal services.

($58,048)

($58,048)

Increase funds for the employer share of health insurance.

$25,261

$25,261

Amount appropriated in this Act

$2,562,254 $12,812,680

40.7. Georgia Archives

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

$4,608,212

Other Funds

$532,671

Other Funds - Not Specifically Identified

$532,671

2652

JOURNAL OF THE HOUSE

State Funds

$4,075,541

State General Funds

$4,075,541

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Transfer the Archives and Records program and 10 positions from the Secretary of State.

$3,851,428

$4,384,099

Increase funds for additional personal services and expanded public operating hours.

$224,113

$224,113

Amount appropriated in this Act

$4,075,541

$4,608,212

40.8. 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

40.9. 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

$229,506,478

Other Funds

$223,917,958

Research Funds

$223,917,958

State Funds

$5,588,520

State General Funds

$5,588,520

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,791,631 $229,709,589

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$3,752

$3,752

Reduce funds for operating expenses.

($172,249)

($172,249)

Eliminate one-time funds for industrial storm water research.

($50,000)

($50,000)

Increase funds for the employer share of health insurance ($12,071) and retiree health benefits ($3,315).

$15,386

$15,386

Amount appropriated in this Act

$5,588,520 $229,506,478

TUESDAY, MARCH 12, 2013

2653

40.10. 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

$1,200,848

Other Funds

$486,281

Agency Funds

$118,633

Research Funds

$367,648

State Funds

$714,567

State General Funds

$714,567

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$729,450

$1,215,731

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$3,458

$3,458

Reduce funds for operating expenses.

($21,884)

($21,884)

Increase funds for the employer share of health insurance.

$3,543

$3,543

Amount appropriated in this Act

$714,567

$1,200,848

40.11. 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

$2,524,781

Other Funds

$1,345,529

Agency Funds

$745,529

Research Funds

$600,000

State Funds

$1,179,252

State General Funds

$1,179,252

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,199,121

$2,544,650

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$7,340

$7,340

Reduce funds for personal services.

($35,974)

($35,974)

Increase funds for the employer share of health insurance.

$8,765

$8,765

Amount appropriated in this Act

$1,179,252

$2,524,781

2654

JOURNAL OF THE HOUSE

40.12. Medical College of Georgia Hospital and Clinics

Purpose: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care.

Total Funds

$28,297,463

State Funds

$28,297,463

State General Funds

$28,297,463

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$29,172,642 $29,172,642

Replace state funds with internally generated funds for personal services.

($875,179)

($875,179)

Amount appropriated in this Act

$28,297,463 $28,297,463

40.13. Public Libraries

Purpose: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs.

Total Funds

$36,720,024

Other Funds

$5,222,400

Agency Funds

$5,222,400

State Funds

$31,497,624

State General Funds

$31,497,624

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$32,189,109 $37,411,509

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$131,552

$131,552

Reduce funds for personal services and operating expenses.

($965,673)

($965,673)

Increase funds for the employer share of health insurance.

$4,636

$4,636

Add funds to the New Directions formula based on an increase in state population.

$138,000

$138,000

Amount appropriated in this Act

$31,497,624 $36,720,024

40.14. 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

$25,253,326

State Funds

$25,253,326

TUESDAY, MARCH 12, 2013

2655

State General Funds

$25,253,326

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$18,843,915 $18,843,915

Reduce funds for personal services and operating expenses.

($407,577)

($407,577)

Eliminate state funds for the nurse anesthetist program.

($258,012)

($258,012)

Provide funds for the Health Professions Initiative to address graduate medical education.

$2,075,000

$2,075,000

Provide additional funds for cancer research to Georgia Regents University Cancer Center.

$5,000,000

$5,000,000

Amount appropriated in this Act

$25,253,326 $25,253,326

40.15. 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

$8,424,843

State Funds

$8,424,843

State General Funds

$8,424,843

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$8,231,266

$8,231,266

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$28,000

$28,000

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$23,618

$23,618

Reflect an adjustment in telecommunications expenses.

$104,358

$104,358

Reduce funds for personal services and operating expenses.

($210,585)

($210,585)

Transfer funds for GALILEO from the Department of Education.

$232,302

$232,302

Utilize existing funds to fund the adjustment in the per student rate for the Regional Contract Optometry Program.

$0

$0

Increase funds for the employer share of health insurance.

$15,884

$15,884

Amount appropriated in this Act

$8,424,843

$8,424,843

40.16. 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

$6,104,447

2656

JOURNAL OF THE HOUSE

State Funds

$6,104,447

State General Funds

$6,104,447

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,293,244

$6,293,244

Reduce funds for personal services and operating expenses.

($188,797)

($188,797)

Amount appropriated in this Act

$6,104,447

$6,104,447

40.17. 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

$4,865,489

Other Funds

$3,650,620

Agency Funds

$900,000

Research Funds

$2,750,620

State Funds

$1,214,869

State General Funds

$1,214,869

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,229,305

$4,879,925

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$6,657

$6,657

Reduce funds for personal services.

($36,879)

($36,879)

Increase funds for the employer share of health insurance ($6,093) and retiree health benefits ($9,693).

$15,786

$15,786

Amount appropriated in this Act

$1,214,869

$4,865,489

40.18. 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

$5,854,446,118

Other Funds

$4,183,908,853

Agency Funds

$2,419,517,166

Research Funds

$1,764,391,687

State Funds

$1,670,537,265

State General Funds

$1,670,537,265

TUESDAY, MARCH 12, 2013

2657

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,631,690,795 $5,815,599,648

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$175,222

$175,222

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$11,592,074 $11,592,074

Reduce funds for personal services and operating expenses.

($48,949,974) ($48,949,974)

Increase funds for the employer share of health insurance ($10,137,873) and retiree health benefits ($5,708,131).

$15,846,004 $15,846,004

Adjust the debt service payback amount for projects constructed at Georgia Tech ($2,086,405), Kennesaw State University ($412,934), and University of Georgia ($3,403,192).

$5,902,531

$5,902,531

Reduce the special appropriation for Georgia Gwinnett College to reflect a decreased rate of enrollment growth.

($8,250,000) ($8,250,000)

Eliminate one-time funds for the Southern Legislative Conference.

($25,000)

($25,000)

Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions.

$62,915,613 $62,915,613

Eliminate one-time funds for an Eminent Scholar.

($500,000)

($500,000)

Transfer funds for Georgia Youth Science and Technology from the Department of Education.

$50,000

$50,000

Increase funds for the Carl Vinson Institute of Government training contract.

$90,000

$90,000

Amount appropriated in this Act

$1,670,537,265 $5,854,446,118

40.19. 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

$2,569,841

State Funds

$2,569,841

State General Funds

$2,569,841

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,546,463

$2,546,463

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$8,867

$8,867

2658

JOURNAL OF THE HOUSE

Increase funds for the employer share of health insurance. Amount appropriated in this Act

$14,511 $2,569,841

$14,511 $2,569,841

40.20. 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

$10,008,086

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$386,135

State General Funds

$386,135

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$429,039 $10,050,990

Eliminate state funds for the Veterinary Medicine Teaching Hospital.

($42,904)

($42,904)

Amount appropriated in this Act

$386,135 $10,008,086

The following appropriations are for agencies attached for administrative purposes.

40.21. 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

$2,288,309

State Funds

$2,288,309

State General Funds

$2,288,309

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,339,951

$2,339,951

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$3,588

$3,588

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$14,969

$14,969

Reduce funds for the Prep School ($47,522) and the Junior College ($22,677).

($70,199)

($70,199)

Amount appropriated in this Act

$2,288,309

$2,288,309

TUESDAY, MARCH 12, 2013

2659

40.22. 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

$14,477,282

State Funds

$14,477,282

State General Funds

$14,477,282

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$12,850,843 $12,850,843

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$100,219

$100,219

Increase funds to reflect an adjustment in TeamWorks billings.

$1,439

$1,439

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$591

$591

Reflect an adjustment in telecommunications expenses.

$112,625

$112,625

Eliminate one-time funds for special education programming.

($50,000)

($50,000)

Transfer funds from the Department of Education for the Discovery Education contract.

$1,461,565

$1,461,565

Amount appropriated in this Act

$14,477,282 $14,477,282

Section 41: Revenue, Department of Total Funds Federal Funds and Grants
Prevention and Treatment of Substance Abuse Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$177,548,557 $371,507 $251,507 $120,000
$2,912,986 $1,212,986 $1,700,000 $174,038,484 $173,604,701
$433,783 $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.

2660

JOURNAL OF THE HOUSE

Total Funds

$14,432,608

State Funds

$14,207,028

State General Funds

$14,207,028

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 (HB 742)

$13,763,396 $14,128,976

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$162,513

$162,513

Reflect an adjustment in telecommunications expenses.

$630,437

$630,437

Provide state funds to replace other funds required to be remitted to the Treasury.

$141,369

$1,369

Reduce funds for personal services and operating expenses.

($490,687)

($490,687)

Amount appropriated in this Act

$14,207,028 $14,432,608

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

$7,348,041

State Funds

$7,348,041

State General Funds

$7,348,041

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,573,819

$7,058,029

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$119,697

$119,697

Increase funds to reflect an adjustment in TeamWorks billings.

$10,733

$10,733

Reflect an adjustment in telecommunications expenses.

$140,097

$140,097

Provide state funds to replace other funds required to be remitted to the Treasury.

$503,695

$19,485

Amount appropriated in this Act

$7,348,041

$7,348,041

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

TUESDAY, MARCH 12, 2013

2661

legislative session.

Total Funds

$14,072,351

State Funds

$14,072,351

State General Funds

$14,072,351

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,184,250 $14,184,250

Reduce funds to align budget with expenditures.

($111,899)

($111,899)

Amount appropriated in this Act

$14,072,351 $14,072,351

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

$625,000

State Funds

$625,000

State General Funds

$625,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Provide funds for the Fraud Detection and Prevention System contract.

$625,000

$625,000

Amount appropriated in this Act

$625,000

$625,000

41.5. Industry Regulation

Purpose: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, and 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

$6,418,917

Federal Funds and Grants

$371,507

Prevention and Treatment of Substance Abuse Block Grant

$251,507

Federal Funds Not Specifically Identified

$120,000

Other Funds

$99,996

Agency Funds

$99,996

State Funds

$5,947,414

State General Funds

$5,513,631

Tobacco Settlement Funds

$433,783

2662

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 (HB 742)

$3,041,834

$5,982,759

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$101,168

$101,168

Reflect an adjustment in telecommunications expenses.

$70,049

$70,049

Provide state funds to replace other funds required to be remitted to the Treasury.

$2,450,580

$128,580

Increase funds to offset the loss of federal funds for underage enforcement activity.

$283,783

$136,361

Amount appropriated in this Act

$5,947,414

$6,418,917

41.5. Local Government Services

Purpose: The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.

Total Funds

$6,084,193

State Funds

$6,084,193

State General Funds

$6,084,193

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,819,038

$4,914,038

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$69,917

$69,917

Reflect an adjustment in telecommunications expenses.

$420,291

$420,291

Provide state funds to replace other funds required to be remitted to the Treasury.

$3,774,947

$679,947

Amount appropriated in this Act

$6,084,193

$6,084,193

41.6. Local Tax Officials Retirement and FICA

Purpose: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

Total Funds

$11,066,592

State Funds

$11,066,592

State General Funds

$11,066,592

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$9,232,474

$9,232,474

TUESDAY, MARCH 12, 2013

2663

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Amount appropriated in this Act

$1,834,118 $11,066,592

$1,834,118 $11,066,592

41.7. Motor Vehicle Registration and Titling

Purpose: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance.

Total Funds

$20,716,376

Other Funds

$2,490,990

Agency Funds

$790,990

Other Funds - Not Specifically Identified

$1,700,000

State Funds

$18,225,386

State General Funds

$18,225,386

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,265,208 $20,706,198

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$127,594

$127,594

Reflect an adjustment in telecommunications expenses.

$2,171,504

$2,171,504

Provide state funds to replace other funds required to be remitted to the Treasury.

$4,031,080

$81,080

Reduce one-time funds added in HB 742 (2012 Session) for enhanced call center support services and technology upgrades to assist in the implementation of Georgia Tax Reform, HB 386 (2012 Session).

($2,370,000) ($2,370,000)

Amount appropriated in this Act

$18,225,386 $20,716,376

41.8. 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

$3,823,719

State Funds

$3,823,719

State General Funds

$3,823,719

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,710,891

$3,710,891

2664

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. Amount appropriated in this Act

$42,779
$70,049 $3,823,719

$42,779
$70,049 $3,823,719

41.9. Revenue Processing

Purpose: The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

Total Funds

$13,261,024

State Funds

$13,261,024

State General Funds

$13,261,024

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$14,243,359 $14,243,359

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$112,660

$112,660

Reflect an adjustment in telecommunications expenses.

$70,049

$70,049

Reduce funds for personal services and operating expenses.

($1,169,016) ($1,169,016)

Provide state funds to replace other funds required to be remitted to the Treasury.

$3,972

$3,972

Amount appropriated in this Act

$13,261,024 $13,261,024

41.10. Tax Compliance

Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

Total Funds

$52,218,488

Other Funds

$222,000

Agency Funds

$222,000

State Funds

$51,996,488

State General Funds

$51,996,488

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$35,779,600 $55,615,593

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$728,449

$728,449

Reflect an adjustment in telecommunications expenses.

$560,388

$560,388

TUESDAY, MARCH 12, 2013

2665

Reduce funds for personal services based on projected expenditures.
Provide state funds to replace other funds required to be remitted to the Treasury.
Amount appropriated in this Act

($4,727,430) $19,655,481 $51,996,488

($4,727,430) $41,488
$52,218,488

41.11. Tax Policy

Purpose: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

Total Funds

$3,101,861

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$3,001,861

State General Funds

$3,001,861

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,610,939

$2,575,939

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$48,892

$48,892

Reflect an adjustment in telecommunications expenses.

$280,193

$280,193

Provide state funds to replace other funds required to be remitted to the Treasury.

$1,061,837

$196,837

Amount appropriated in this Act

$3,001,861

$3,101,861

41.12. Technology Support Services

Purpose: The purpose of this appropriation is to support the department's information technology system and provide electronic filing services to taxpayers.

Total Funds

$24,379,387

State Funds

$24,379,387

State General Funds

$24,379,387

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$21,489,103 $21,489,103

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$254,384

$254,384

Reflect an adjustment in telecommunications expenses.

$2,591,795

$2,591,795

2666

JOURNAL OF THE HOUSE

Provide state funds to replace other funds required to be remitted to the Treasury.
Amount appropriated in this Act

$44,105 $24,379,387

$44,105 $24,379,387

Section 42: Secretary of State Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$27,584,904 $85,000 $85,000
$1,024,512 $1,024,512 $26,475,392 $26,475,392

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,433,889

$4,966,560

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$25,165

$25,165

Transfer the Archives program and 10 positions to the University System of Georgia.

($3,851,428) ($4,384,099)

Reduce funds for personal services and eliminate five filled and five vacant positions.

($607,626)

($607,626)

Utilize existing funds and transfer two positions to the Office Administration program.

$0

$0

Amount appropriated in this Act

$0

$0

42.2. Corporations

Purpose: The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities.

Total Funds

$2,006,644

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

TUESDAY, MARCH 12, 2013

2667

State Funds

$1,267,132

State General Funds

$1,267,132

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,261,271

$2,000,783

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$27,057

$27,057

Reduce funds for personal services to reflect projected expenditures.

($21,196)

($21,196)

Amount appropriated in this Act

$1,267,132

$2,006,644

42.3. Elections

Purpose: The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law, and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration, and financial disclosure laws.

Total Funds

$5,304,067

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

$5,169,067

State General Funds

$5,169,067

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$4,789,720

$4,924,720

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$39,748

$39,748

Reflect an adjustment in telecommunications expenses.

$339,599

$339,599

Amount appropriated in this Act

$5,169,067

$5,304,067

42.4. Office Administration

Purpose: The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$5,875,732

Other Funds

$15,000

Other Funds - Not Specifically Identified

$15,000

State Funds

$5,860,732

2668

JOURNAL OF THE HOUSE

State General Funds

$5,860,732

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,117,898

$6,132,898

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$109,436

$109,436

Increase funds to reflect an adjustment in TeamWorks billings.

$5,664

$5,664

Reduce funds for personal services to reflect projected expenditures.

($372,266)

($372,266)

Utilize existing funds and transfer two positions from the Archives and Records program.

$0

$0

Amount appropriated in this Act

$5,860,732

$5,875,732

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

$7,343,423

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$7,193,423

State General Funds

$7,193,423

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,011,199

$7,161,199

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$102,766

$102,766

Eliminate one-time funds for a revision to the mandatory surveys required by some license renewals.

($27,000)

($27,000)

Transfer $70,830 from the Office Administration program and $35,628 from the Securities program to fund call center employees.

$106,458

$106,458

Amount appropriated in this Act

$7,193,423

$7,343,423

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.

TUESDAY, MARCH 12, 2013

2669

Total Funds

$819,267

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$769,267

State General Funds

$769,267

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$833,891

$883,891

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$13,424

$13,424

Reduce personal services to reflect projected expenditures.

($78,048)

($78,048)

Amount appropriated in this Act

$769,267

$819,267

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

$270,740

Other Funds

$20,000

Other Funds - Not Specifically Identified

$20,000

State Funds

$250,740

State General Funds

$250,740

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$252,104

$272,104

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$6,199

$6,199

Reduce funds for operating expenses.

($7,563)

($7,563)

Amount appropriated in this Act

$250,740

$270,740

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

$1,750,734

State Funds

$1,750,734

2670

JOURNAL OF THE HOUSE

State General Funds

$1,750,734

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,941,697

$1,941,697

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$31,424

$31,424

Reflect an adjustment in telecommunications expenses.

$34,757

$34,757

Reduce funds for operating expenses.

($25,251)

($25,251)

Reduce funds for personal services to reflect projected expenditures.

($231,893)

($231,893)

Amount appropriated in this Act

$1,750,734

$1,750,734

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

$1,324,736

State Funds

$1,324,736

State General Funds

$1,324,736

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,344,179

$1,344,179

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$20,781

$20,781

Reflect an adjustment in telecommunications expenses.

$731

$731

Eliminate one-time funds for IT upgrades.

($59,045)

($59,045)

Provide funds for IT contract management.

$18,090

$18,090

Amount appropriated in this Act

$1,324,736

$1,324,736

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

$2,889,561

State Funds

$2,889,561

State General Funds

$2,889,561

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 12, 2013

2671

Amount from prior Appropriation Act (HB 742) Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reduce funds for personal services to reflect projected expenditures. Amount appropriated in this Act

State Funds $2,944,265
$49,787
$4,380 ($108,871)
$2,889,561

Total Funds $2,944,265
$49,787
$4,380 ($108,871)
$2,889,561

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

$5,179,374 $1,266,565 $1,266,565
$632,184 $632,184 $2,614,036 $2,614,036 $665,842 $665,842

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

$757,603

State Funds

$757,603

State General Funds

$757,603

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$744,781

$744,781

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$15,240

$15,240

Increase funds to reflect an adjustment in TeamWorks billings.

$1,067

$1,067

Reflect an adjustment in telecommunications expenses.

($3,485)

($3,485)

Amount appropriated in this Act

$757,603

$757,603

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

2672

JOURNAL OF THE HOUSE

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

$1,799,746

Federal Funds and Grants

$932,290

Federal Funds Not Specifically Identified

$932,290

Other Funds

$632,184

Other Funds - Not Specifically Identified

$632,184

State Funds

$235,272

State General Funds

$235,272

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$238,237

$1,802,711

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$3,048

$3,048

Reflect an adjustment in telecommunications expenses.

($540)

($540)

Replace state funds with existing other funds for personal services.

$0

$0

Reduce funds for operating expenses.

($5,473)

($5,473)

Amount appropriated in this Act

$235,272

$1,799,746

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

$2,390,856

Federal Funds and Grants

$334,275

Federal Funds Not Specifically Identified

$334,275

State Funds

$1,390,739

State General Funds

$1,390,739

Intra-State Government Transfers

$665,842

Other Intra-State Government Payments

$665,842

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,383,592

$2,383,709

TUESDAY, MARCH 12, 2013

2673

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Replace state funds with existing other funds for personal services.
Amount appropriated in this Act

$25,252
($1,983) ($16,122)
$1,390,739

$25,252
($1,983) ($16,122)
$2,390,856

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

$99,249

State Funds

$98,502

State General Funds

$98,502

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$123,242

$123,989

Replace state funds with existing other funds for personal services.

($24,740)

($24,740)

Amount appropriated in this Act

$98,502

$99,249

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

$131,920

State Funds

$131,920

State General Funds

$131,920

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$162,629

$162,629

Replace state funds with existing other funds for personal services.

($9,040)

($9,040)

Reduce funds for operating expenses.

($21,669)

($21,669)

Amount appropriated in this Act

$131,920

$131,920

Section 44: Student Finance Commission, Georgia Total Funds Other Funds
Other Funds - Not Specifically Identified

$629,342,416 $230,950 $230,950

2674

JOURNAL OF THE HOUSE

State Funds Lottery Funds State General Funds

$629,111,466 $598,645,583
$30,465,883

44.1. Accel

Purpose: The purpose of this appropriation is to allow students to pursue postsecondary study at approved public and private postsecondary institutions, while receiving dual high school and college credit for courses successfully completed.

Total Funds

$8,542,895

State Funds

$8,542,895

State General Funds

$8,542,895

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$6,500,000

$7,069,682

Increase funds to meet the projected need and offset unavailable other funds.

$2,042,895

$1,473,213

Amount appropriated in this Act

$8,542,895

$8,542,895

44.2. 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

$701,750

State Funds

$701,750

State General Funds

$701,750

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$570,000

$570,000

Increase funds to meet projected need.

$131,750

$131,750

Amount appropriated in this Act

$701,750

$701,750

44.3. 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

TUESDAY, MARCH 12, 2013

2675

44.4. HERO Scholarship

Purpose: The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the spouses and children of such members.

Total Funds

$800,000

State Funds

$800,000

State General Funds

$800,000

44.5. 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

$8,189,794

Other Funds

$230,950

Other Funds - Not Specifically Identified

$230,950

State Funds

$7,958,844

Lottery Funds

$7,958,844

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,922,124

$7,922,124

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$35,711

$35,711

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$1,009

$1,009

Provide funds for personal services and operating expenses for REACH Georgia.

$0

$230,950

Amount appropriated in this Act

$7,958,844

$8,189,794

44.6. 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

$1,930,296

State Funds

$1,930,296

Lottery Funds

$1,930,296

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$2,636,276

$2,636,276

2676

JOURNAL OF THE HOUSE

Reduce funds to meet the projected need. Amount appropriated in this Act

($705,980) $1,930,296

($705,980) $1,930,296

44.7. 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

$96,793,442

State Funds

$96,793,442

Lottery Funds

$96,793,442

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$112,658,625 $112,658,625

Increase the HOPE Grant award amount by 3% and reduce funds to meet the projected need (103% Factor Rate).

($22,365,183) ($22,365,183)

Provide funds for the Strategic Industries Workforce Development Grant.

$6,500,000

$6,500,000

Amount appropriated in this Act

$96,793,442 $96,793,442

44.8. 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

$47,617,925

State Funds

$47,617,925

Lottery Funds

$47,617,925

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$54,385,503 $54,385,503

Increase the HOPE Scholarships - Private Schools award amount by 3% and reduce funds to meet the projected need (103% Factor Rate).

($4,148,080) ($4,148,080)

Reduce funds for Zell Miller Scholarships for students attending private postsecondary institutions to meet the total projected need of $447,843.

($2,619,498) ($2,619,498)

Amount appropriated in this Act

$47,617,925 $47,617,925

44.9. 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.

TUESDAY, MARCH 12, 2013

2677

Total Funds

$424,345,076

State Funds

$424,345,076

Lottery Funds

$424,345,076

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$408,235,018 $408,235,018

Increase the HOPE Scholarships - Public Schools award amount by 3% and increase funds to meet the projected need (103% Factor Rate).

$17,175,321 $17,175,321

Reduce funds for Zell Miller Scholarships for students attending public postsecondary institutions to meet the total projected need of $19,462,325.

($1,065,263) ($1,065,263)

Amount appropriated in this Act

$424,345,076 $424,345,076

44.10. 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, to provide loans for students eligible under O.C.G.A. 20-3-400.2(e.1), and to incentivize loan recipients to work in public service. The loans are forgivable for recipients who work in certain critical need occupations.

Total Funds

$20,000,000

State Funds

$20,000,000

Lottery Funds

$20,000,000

44.11. North Ga. Military Scholarship Grants

Purpose: The purpose of this appropriation is to provide outstanding students with a full scholarship to attend the University of North Georgia, thereby strengthening Georgia's Army National Guard with their membership.

Total Funds

$1,444,576

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 (HB 742)

$1,444,576

$1,927,299

Reduce funds to meet the projected need.

$0

($482,723)

Amount appropriated in this Act

$1,444,576

$1,444,576

2678

JOURNAL OF THE HOUSE

44.12. North Georgia ROTC Grants

Purpose: The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend the University of North Georgia and to participate in the Reserve Officers Training Corps program.

Total Funds

$875,000

State Funds

$875,000

State General Funds

$875,000

44.13. 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

44.14. 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

$15,862,051

State Funds

$15,862,051

State General Funds

$15,862,051

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$21,896,323 $22,426,050

Reduce funds to meet the projected need and maintain the current award amount.

($6,034,272) ($6,563,999)

Amount appropriated in this Act

$15,862,051 $15,862,051

The following appropriations are for agencies attached for administrative purposes.

44.15. 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

$767,988

State Funds

$767,988

State General Funds

$767,988

TUESDAY, MARCH 12, 2013

2679

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$758,655

$758,655

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$11,909

$11,909

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$489

$489

Reflect an adjustment in telecommunications expenses.

$273

$273

Reduce funds for contractual services.

($3,338)

($3,338)

Amount appropriated in this Act

$767,988

$767,988

Section 45: Teachers' Retirement System Total Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$32,110,589 $513,000 $513,000
$31,597,589 $31,597,589

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 12.28% for State Fiscal Year 2014.

45.1. 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

$513,000

State Funds

$513,000

State General Funds

$513,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$590,000

$590,000

Reduce funds due to the declining population of teachers who qualify for this benefit.

($77,000)

($77,000)

Amount appropriated in this Act

$513,000

$513,000

45.2. 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

2680

JOURNAL OF THE HOUSE

contributions of active and inactive members, counseling members, and processing refunds.

Total Funds

$31,597,589

Intra-State Government Transfers

$31,597,589

Retirement Payments

$31,597,589

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0 $31,056,587

Increase other funds to reflect an adjustment in the employer rate for the Employees' Retirement System.

$0

$600,482

Reduce other funds for contractual services and equipment.

$0

($59,480)

Amount appropriated in this Act

$0 $31,597,589

Section 46: Technical College System of Georgia Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$649,091,118 $66,509,000 $66,509,000
$268,710,000 $268,613,230
$96,770 $311,917,034 $311,917,034
$1,360,000 $1,360,000

46.1. 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

$39,099,942

Federal Funds and Grants

$20,447,889

Federal Funds Not Specifically Identified

$20,447,889

Other Funds

$5,480,000

Agency Funds

$5,480,000

State Funds

$13,172,053

State General Funds

$13,172,053

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$13,473,095 $39,400,984

TUESDAY, MARCH 12, 2013

2681

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.
Reflect an adjustment in telecommunications expenses.
Reduce funds for personal services and convert six full-time positions to part-time positions.
Reduce funds for operating expenses.
Amount appropriated in this Act

$58,889
$43,944
$318 ($282,508)
($121,685) $13,172,053

$58,889
$43,944
$318 ($282,508)
($121,685) $39,099,942

46.2. 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

$8,716,218

Federal Funds and Grants

$62,111

Federal Funds Not Specifically Identified

$62,111

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$7,849,023

State General Funds

$7,849,023

Intra-State Government Transfers

$110,000

Other Intra-State Government Payments

$110,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,944,927

$8,812,122

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$109,460

$109,460

Increase funds to reflect an adjustment in TeamWorks billings.

$5,607

$5,607

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$9,128

$9,128

Reflect an adjustment in telecommunications expenses.

$18,249

$18,249

Eliminate funds for one filled position and one vacant position.

($155,848)

($155,848)

Reduce funds for operating expenses.

($68,000)

($68,000)

Reduce funds for computer charges.

($5,000)

($5,000)

Reduce funds for telecommunications.

($9,500)

($9,500)

Amount appropriated in this Act

$7,849,023

$8,716,218

2682

JOURNAL OF THE HOUSE

46.3. Quick Start and Customized Services

Purpose: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace.

Total Funds

$22,615,116

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

$12,685,116

State General Funds

$12,685,116

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$12,578,020 $22,508,020

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$66,652

$66,652

Increase funds to reflect an adjustment in TeamWorks billings.

$810

$810

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$24,142

$24,142

Reflect an adjustment in telecommunications expenses.

$15,492

$15,492

Amount appropriated in this Act

$12,685,116 $22,615,116

46.4. 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

$578,659,842

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

$278,210,842

State General Funds

$278,210,842

Intra-State Government Transfers

$1,250,000

Other Intra-State Government Payments

$1,250,000

TUESDAY, MARCH 12, 2013

2683

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$296,574,308 $597,023,308

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,610,941

$1,610,941

Increase funds to reflect an adjustment in TeamWorks billings.

$117,725

$117,725

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$957,518

$957,518

Reflect an adjustment in telecommunications expenses.

$345,001

$345,001

Reduce funds for the formula to reflect a 13.0% decrease in credit ($21,394,651) ($21,394,651) hours and a 4.5% increase in square footage.

Amount appropriated in this Act

$278,210,842 $578,659,842

Section 47: 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

$2,052,912,498 $1,210,491,192 $1,143,629,823
$66,861,369 $5,730,658 $5,630,069 $100,589
$835,930,415 $828,958,782
$6,971,633 $760,233 $760,233

It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Office of the State Treasurer, attached agency of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriation or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed

2684

JOURNAL OF THE HOUSE

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.

47.1. 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$3,064,237 $38,607,589

Eliminate one-time funds for specific airport aid projects.

($500,000)

($500,000)

Reduce matching funds for airport aid grants.

$0

$0

Transfer the Airport Aid program and six positions to the Intermodal program.

($2,564,237) ($38,107,589)

Amount appropriated in this Act

$0

$0

47.2. 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

$888,646,175

Federal Funds and Grants

$675,252,699

Federal Highway Administration Highway Planning and Construction

$675,252,699

State Funds

$213,393,476

Motor Fuel Funds

$213,393,476

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$211,655,479 $886,908,178

Increase funds for capital outlay projects.

$1,737,997

$1,737,997

Amount appropriated in this Act

$213,393,476 $888,646,175

47.3. Capital Maintenance Projects
Purpose: The purpose of this appropriation is to provide funding for Capital Outlay for maintenance projects.

TUESDAY, MARCH 12, 2013

2685

Total Funds Federal Funds and Grants
Federal Highway Administration Highway Planning and Construction State Funds
Motor Fuel Funds

$188,778,535 $128,218,385 $128,218,385
$60,560,150 $60,560,150

47.4. 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

$148,065,474

Federal Funds and Grants

$64,892,990

Federal Highway Administration Highway Planning and Construction

$64,892,990

State Funds

$83,007,484

Motor Fuel Funds

$83,007,484

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 (HB 742)

$74,357,642 $139,415,632

Increase funds for personal services to reflect projected expenditures.

$1,502,250

$1,502,250

Provide additional funds.

$7,147,592

$7,147,592

Amount appropriated in this Act

$83,007,484 $148,065,474

47.5. 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

2686

JOURNAL OF THE HOUSE

47.6. 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

$63,439,817

Federal Funds and Grants

$10,839,823

Federal Highway Administration Highway Planning and Construction

$10,839,823

Other Funds

$898,970

Agency Funds

$898,970

State Funds

$51,701,024

Motor Fuel Funds

$51,701,024

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$51,083,000 $62,821,793

Increase funds for personal services to reflect projected expenditures.

$618,024

$618,024

Amount appropriated in this Act

$51,701,024 $63,439,817

47.7. Intermodal

Purpose: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit, Ports and Waterways to facilitate a complete and seamless statewide transportation system.

Total Funds

$73,933,591

Federal Funds and Grants

$66,861,369

Federal Funds Not Specifically Identified

$66,861,369

Other Funds

$100,589

Other Funds - Not Specifically Identified

$100,589

State Funds

$6,971,633

State General Funds

$6,971,633

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$0

$0

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$22,330

$22,330

Transfer the Airport Aid program and six positions to the Intermodal program.

$2,564,237 $38,107,589

Transfer the Ports and Waterways program and two positions to the Intermodal program.

$852,893

$852,893

TUESDAY, MARCH 12, 2013

2687

Transfer the Rail program and four positions to the Intermodal program.
Transfer the Transit program and 22 positions to the Intermodal program.
Amount appropriated in this Act

$356,891 $3,175,282 $6,971,633

$445,130 $34,505,649 $73,933,591

47.8. 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

$122,470,000

State Funds

$122,470,000

Motor Fuel Funds

$122,470,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$110,642,250 $110,642,250

Reduce funds for grants and benefits.

($3,172,250) ($3,172,250)

Provide funds for local road improvement grants.

$15,000,000 $15,000,000

Amount appropriated in this Act

$122,470,000 $122,470,000

47.9. 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

$45,708,468

Federal Funds and Grants

$32,758,670

Federal Highway Administration Highway Planning and Construction

$32,758,670

State Funds

$12,354,565

Motor Fuel Funds

$12,354,565

Intra-State Government Transfers

$595,233

Other Intra-State Government Payments

$595,233

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$16,854,565 $50,208,468

Transfer funds to the Payments to State Road and Tollway Authority program for GRB/GARVEE debt service.

($4,500,000) ($4,500,000)

Amount appropriated in this Act

$12,354,565 $45,708,468

2688

JOURNAL OF THE HOUSE

47.10. 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

47.11. 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-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

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 (HB 742)

$941,812

$941,812

Reduce funds for property tax assessment to reflect projected expenditures.

($88,919)

($88,919)

Transfer the Ports and Waterways program and two positions to the Intermodal program.

($852,893)

($852,893)

Amount appropriated in this Act

$0

$0

47.12. 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$356,891

$445,130

Transfer the Rail program and four positions to the Intermodal program.

($356,891)

($445,130)

Amount appropriated in this Act

$0

$0

TUESDAY, MARCH 12, 2013

2689

47.13. 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, providing routine maintenance for state road and bridges, maintaining 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

$202,352,070

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

$176,823,016

Motor Fuel Funds

$176,823,016

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$173,068,804 $198,597,858

Increase funds for personal services to reflect projected expenditures.

$942,474

$942,474

Increase funds for operating expenses.

$2,811,738

$2,811,738

Amount appropriated in this Act

$176,823,016 $202,352,070

47.14. 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

47.15. 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.

2690

JOURNAL OF THE HOUSE

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 (HB 742)

$3,277,847 $34,608,214

Reduce matching funds for local transit projects.

($102,565)

($102,565)

Transfer the Transit program and 22 positions to the Intermodal program.

($3,175,282) ($34,505,649)

Amount appropriated in this Act

$0

$0

The following appropriations are for agencies attached for administrative purposes.

47.16. 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

$230,603,559

Federal Funds and Grants

$148,156,201

Federal Highway Administration Highway Planning and Construction

$148,156,201

State Funds

$82,447,358

Motor Fuel Funds

$82,447,358

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$62,351,674 $210,507,875

Transfer funds from the Local Road Assistance Administration program to fund GRB/GARVEE debt service.

$4,500,000

$4,500,000

Increase funds for GRB/GARVEE debt service.

$11,995,684 $11,995,684

Provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects.

$3,600,000

$3,600,000

Amount appropriated in this Act

$82,447,358 $230,603,559

Section 48: Veterans Service, Department of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds State Funds

$40,723,247 $18,260,569 $18,260,569
$2,313,699 $2,313,699 $20,148,979

TUESDAY, MARCH 12, 2013

2691

State General Funds

$20,148,979

48.1. 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

$1,570,919

State Funds

$1,570,919

State General Funds

$1,570,919

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,378,152

$1,378,152

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$24,408

$24,408

Increase funds to reflect an adjustment in TeamWorks billings.

$1,699

$1,699

Reflect an adjustment in telecommunications expenses.

$95,478

$95,478

Transfer one information technology position from the Veterans Benefits program.

$71,182

$71,182

Amount appropriated in this Act

$1,570,919

$1,570,919

48.2. 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

$676,939

Federal Funds and Grants

$178,004

Federal Funds Not Specifically Identified

$178,004

State Funds

$498,935

State General Funds

$498,935

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$484,954

$662,958

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$13,981

$13,981

Amount appropriated in this Act

$498,935

$676,939

48.3. Georgia War Veterans Nursing Home - Augusta
Purpose: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans, and to serve as a teaching facility for Georgia Regents University - Augusta.

2692

JOURNAL OF THE HOUSE

Total Funds

$10,878,632

Federal Funds and Grants

$5,286,048

Federal Funds Not Specifically Identified

$5,286,048

Other Funds

$967,441

Agency Funds

$967,441

State Funds

$4,625,143

State General Funds

$4,625,143

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,035,364 $10,321,412

Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

$38,697

$38,697

Reduce funds due to reduced average daily patient census.

($251,282)

($251,282)

Increase other funds to recognize residency fee revenue.

$0

$967,441

Transfer state funds to the Veterans Benefits program for personal services.

($197,636)

($197,636)

Utilize existing state funds of $50,261 for the FY 2013 Teachers Retirement System contract increase.

$0

$0

Amount appropriated in this Act

$4,625,143 $10,878,632

48.4. 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

$16,707,757

Federal Funds and Grants

$8,173,077

Federal Funds Not Specifically Identified

$8,173,077

Other Funds

$1,346,258

Agency Funds

$1,346,258

State Funds

$7,188,422

State General Funds

$7,188,422

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$7,834,427 $16,007,504

Reduce funds due to reduced average daily patient census.

($361,601)

($361,601)

Increase other funds to recognize residency fee revenue.

$0

$1,346,258

Transfer state funds to the Veterans Benefits program for personal services.

($284,404)

($284,404)

TUESDAY, MARCH 12, 2013

2693

Amount appropriated in this Act

$7,188,422 $16,707,757

48.5. 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 their families about veterans' benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$10,889,000

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

State Funds

$6,265,560

State General Funds

$6,265,560

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$5,696,544 $10,319,984

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$104,452

$104,452

Reflect an adjustment in telecommunications expenses.

$53,706

$53,706

Transfer state funds from the Georgia War Veterans Nursing Home - Augusta program ($197,636) and the Georgia War Veterans Nursing Home - Milledgeville program ($284,404) for twelve new field service officer positions and two new claims and appeals officer positions.

$482,040

$482,040

Transfer one information technology position to the Administration program.

($71,182)

($71,182)

Amount appropriated in this Act

$6,265,560 $10,889,000

Section 49: Workers' Compensation, State Board of Total Funds Other Funds
Agency Funds State Funds
State General Funds

$23,226,798 $523,832 $523,832
$22,702,966 $22,702,966

49.1. Administer the Workers' Compensation Laws

Purpose: The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

Total Funds

$11,903,988

Other Funds

$458,353

2694

JOURNAL OF THE HOUSE

Agency Funds

$458,353

State Funds

$11,445,635

State General Funds

$11,445,635

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$11,247,520 $11,705,873

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$252,115

$252,115

Transfer funds to the Board Administration program to properly align budget to expenditures.

($54,000)

($54,000)

Amount appropriated in this Act

$11,445,635 $11,903,988

49.2. Board Administration

Purpose: The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds

$11,322,810

Other Funds

$65,479

Agency Funds

$65,479

State Funds

$11,257,331

State General Funds

$11,257,331

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$10,707,655 $10,773,134

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$44,895

$44,895

Increase funds to reflect an adjustment in TeamWorks billings.

$1,352

$1,352

Reflect an adjustment in telecommunications expenses.

$449,429

$449,429

Transfer funds from the Administer the Workers' Compensation Laws program to properly align budget to expenditures.

$54,000

$54,000

Maintain payments to the Office of State Treasurer at $5,303,747.

$0

$0

Amount appropriated in this Act

$11,257,331 $11,322,810

Section 50: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified State Funds

$1,187,753,612 $16,456,398 $16,456,398
$1,171,297,214

TUESDAY, MARCH 12, 2013

2695

Motor Fuel Funds State General Funds

$146,938,326 $1,024,358,888

50.1. GO Bonds Issued

Total Funds

$1,106,202,571

Federal Funds and Grants

$16,456,398

Federal Funds Not Specifically Identified

$16,456,398

State Funds

$1,089,746,173

Motor Fuel Funds

$146,938,326

State General Funds

$942,807,847

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$1,041,915,306 $1,058,371,704

Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.

$83,022,008 $83,022,008

Reduce funds for debt service.

($10,188,143) ($10,188,143)

Increase funds.

$5,234,857

$5,234,857

Reflect debt service savings.

($4,490,263) ($4,490,263)

Redirect $1,571,620 in 20-year unspent bond proceeds from FY

$0

$0

2010 for facility construction and renovations (HB 119, Bond

#397.122) and $2,922,100 in 20-year unspent bond proceeds from

FY 2012 for improvements and renovations (HB 78, #379.132)

for the Department of Juvenile Justice to be used to construct a

30-bed Youth Development Campus.

Reflect debt service savings for motor fuel funds.

($25,747,592) ($25,747,592)

Amount appropriated in this Act

$1,089,746,173 $1,106,202,571

50.2. GO Bonds New

Total Funds

$81,551,041

State Funds

$81,551,041

State General Funds

$81,551,041

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB 742)

$83,022,008 $83,022,008

Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.

($83,022,008) ($83,022,008)

Increase funds for debt service for new bonds.

$81,551,041 $81,551,041

Amount appropriated in this Act

$81,551,041 $81,551,041

2696

JOURNAL OF THE HOUSE

Bond Financing Appropriated:
[Bond # 1] From State General Funds, $12,406,590 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 $148,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 2] From State General Funds, $2,472,938 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 $29,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 3] From State General Funds, $2,019,580 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 $24,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 4] From State General Funds, $260,618 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $3,110,000 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, $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 # 6] From State General Funds, $1,619,800 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 7] From State General Funds, $833,040 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 8] From State General Funds, $162,153 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 $1,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

TUESDAY, MARCH 12, 2013

2697

[Bond # 9] From State General Funds, $157,125 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 $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 10] From State General Funds, $4,190,000 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 $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 11] From State General Funds, $231,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 12] From State General Funds, $485,940 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 13] From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 14] From State General Funds, $879,320 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 15] From State General Funds, $694,200 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,

2698

JOURNAL OF THE HOUSE

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 16] From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 17] From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 18] From State General Funds, $4,927,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $58,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 19] From State General Funds, $838,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 20] From State General Funds, $3,924,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $45,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 21] From State General Funds, $838,000 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

TUESDAY, MARCH 12, 2013

2699

excess of two hundred and forty months.
[Bond # 22] From State General Funds, $108,940 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 two hundred and forty months.
[Bond # 23] From State General Funds, $368,720 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 24] From State General Funds, $180,170 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 25] From State General Funds, $83,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 26] From State General Funds, $251,400 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 $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 # 27] From State General Funds, $167,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 28] From State General Funds, $209,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by

2700

JOURNAL OF THE HOUSE

means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 29] From State General Funds, $157,125 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,875,000 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, $192,740 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 two hundred and forty months.
[Bond # 31] From State General Funds, $196,930 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 32] From State General Funds, $335,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 33] From State General Funds, $231,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 34] From State General Funds, $209,500 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 $2,500,000 in

TUESDAY, MARCH 12, 2013

2701

principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 35] From State General Funds, $901,303 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the board of trustees of public libraries or boards of trustees of public library systems, through the issuance of not more than $3,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 36] From State General Funds, $870,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 37] From State General Funds, $2,892,500 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 $12,500,000 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, $1,005,600 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 39] From State General Funds, $1,619,800 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 $7,000,000 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, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 41] From State General Funds, $1,131,300 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,

2702

JOURNAL OF THE HOUSE

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 42] From State General Funds, $331,429 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 $3,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 43] From State General Funds, $460,900 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 44] From State General Funds, $1,377,672 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 $16,440,000 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, $510,761 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 $6,095,000 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, $292,043 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 $3,485,000 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, $188,550 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two

TUESDAY, MARCH 12, 2013

2703

hundred and forty months.
[Bond # 48] From State General Funds, $77,096 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $920,000 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, $218,673 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 50] From State General Funds, $43,995 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 $525,000 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, $175,864 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Vocational Rehabilitation Agency by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 52] From State General Funds, $347,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 53] From State General Funds, $581,572 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 $6,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 54] From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition,

2704

JOURNAL OF THE HOUSE

construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 55] From State General Funds, $449,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and eighty months.
[Bond # 56] From State General Funds, $167,600 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 57] From State General Funds, $115,700 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 58] From State General Funds, $28,911 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 $345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 59] From State General Funds, $70,577 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 $305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 60] From State General Funds, $218,673 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 $945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

TUESDAY, MARCH 12, 2013

2705

[Bond # 61] From State General Funds, $715,026 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,090,000 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, $275,283 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 63] From State General Funds, $276,540 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 64] From State General Funds, $24,297 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 $105,000 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, $102,973 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 $445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 66] From State General Funds, $23,140 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 $100,000 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, $84,461 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 $365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

2706

JOURNAL OF THE HOUSE

[Bond # 68] From State General Funds, $179,335 is specifically appropriated for the purpose of financing projects and facilities for the State Board of Pardons & Paroles by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 69] From State General Funds, $578,500 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 $2,500,000 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, $65,949 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 $285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 71] From State General Funds, $182,806 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 $790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 72] From State General Funds, $393,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 73] From State General Funds, $138,689 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 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, $33,520 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 $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and

TUESDAY, MARCH 12, 2013

2707

forty months.
[Bond # 75] From State General Funds, $35,615 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 $425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 76] From State General Funds, $28,925 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 $125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 77] From State General Funds, $51,824 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 $395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 78] From State General Funds, $251,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 79] From State General Funds, $2,314,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 80] From State General Funds, $125,700 is specifically appropriated for the purpose of financing projects and facilities for the Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 81] From State General Funds, $87,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property,

2708

JOURNAL OF THE HOUSE

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 82] From State General Funds, $392,400 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 83] From State General Funds, $2,442,770 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 $29,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 84] From State General Funds, $293,300 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 85] From State General Funds, $385,480 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 $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 86] From State General Funds, $1,738,850 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 # 87] From State General Funds, $502,496 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 88] From State General Funds, $83,800 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

TUESDAY, MARCH 12, 2013

2709

[Bond # 89] From State General Funds, $69,420 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 90] From State General Funds, $185,120 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 91] From State General Funds, $550,566 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 92] From State General Funds, $960,348 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 $11,460,000 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, $31,006 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 $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 # 94] From State General Funds, $610,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 95] From State General Funds, $4,190,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $50,000,000 in principal amount of

2710

JOURNAL OF THE HOUSE

General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 96] From State General Funds, $1,024,600 is specifically appropriated for 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 $11,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 97] From State General Funds, $272,350 is specifically appropriated for 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 $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 51: General Obligation Bonds Repealed, Revised, or Reinstated Reserved.
Section 52: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law.
Section 53: 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 54: 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

TUESDAY, MARCH 12, 2013

2711

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 Intra-State 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 50 shall be the authorizing paragraphs.
Section 55: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit.
In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation Intra-State Government Transfers. This paragraph 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 10 percent (10%) 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.

2712

JOURNAL OF THE HOUSE

The Speaker Pro Tem resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 106, designating Representative O'Neal of the 146th as Chairman thereof.

The Speaker assumed the Chair.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 106 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abrams Y Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell N Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd N Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey

Y McCall Y Meadows Y Mitchell N Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders

Y Sims, C Y Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. N Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard

TUESDAY, MARCH 12, 2013

2713

Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Williams, A Y Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 15.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative England of the 116th asked unanimous consent that HB 106 be immediately transmitted to the Senate.

It was so ordered.

Representative Jacobs of the 80th moved that the following Bill of the Senate be withdrawn from the Committee on Insurance and recommitted to the Committee on Judiciary:

SB 185. By Senator Stone of the 23rd:

A BILL to be entitled an Act to amend Article 9 of Title 11 of the O.C.G.A., relating to secured transactions, so as to modernize the article; to change and provide for definitions; to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets considered in determining financial condition of insurers, generally, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The motion prevailed.

Representative Waites of the 60th moved that the following Bill of the House be withdrawn from the Committee on Transportation and recommitted to the Committee on Intragovernmental Coordination-Local:

HB 306. By Representatives Waites of the 60th, Glanton of the 75th, Stovall of the 74th, Jordan of the 77th and Scott of the 76th:

A BILL to be entitled an Act to establish the Piedmont Altamaha Rail Authority; to provide a short title; to authorize such authority to acquire, construct, maintain, operate, and own a higher-speed intercity and urban rail and tram system in the Counties of Bibb, Butts, Clayton, Henry, and Monroe;

2714

JOURNAL OF THE HOUSE

to provide for the membership and for the appointment of members of the authority and their terms of tenure and compensation; to provide for meetings; to provide for the controlling of funds; to provide for powers; to provide for the issuance of contracts; to provide for the setting of rates, fares, tolls, and charges; to provide for construction of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
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 692 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 692. By Representatives Hill of the 22nd, Cheokas of the 138th, Yates of the 73rd and Sims of the 169th:
A RESOLUTION recognizing March 13, 2013, as Civil Air Patrol Day at the capitol, commending the volunteers of the Civil Air Patrol for their service to the citizens of Georgia, and inviting them to appear before the House of Representatives; and for other purposes.
Representative O`Neal of the 146th assumed the chair.
Representative Lindsey of the 54th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
Representative O'Neal of the 146th announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, MARCH 13, 2013

2715

Representative Hall, Atlanta, Georgia

Wednesday, March 13, 2013

Thirty-Third Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Abrams Alexander Allison Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Chapman Cheokas Clark, J Clark, V Coleman

Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, C Epps, J Evans Fleming Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Gregory Hamilton

Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra E Marin Martin Maxwell Mayo

McCall Meadows E Mitchell E Morgan Mosby Murphy Neal Nimmer Nix O'Neal Pak Parrish Parsons Peake Pezold Powell, A E Powell, J Pruett Quick Ramsey Randall Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sheldon Sims, B Smith, E

Smith, L E Smith, M
Smith, R Smyre Spencer Stephens, M Stephens, R Stovall Stover Strickland Talton Tankersley Tanner Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Weldon E Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 92nd, Dollar of the 45th, Floyd of the 99th, Fullerton of the 153rd, Jacobs of the 80th, Jordan of the 77th, Morris of the 156th, Oliver of the 82nd, Rice of the 95th, Stephenson of the 90th, and Taylor of the 173rd.

2716

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Prayer was offered by Reverend Steve Hartman, Pastor, Kiokee Baptist Church, Appling, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, 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 582. By Representatives Greene of the 151st, Neal of the 2nd and Dunahoo of the 30th:
A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to modify provisions related to the state-wide probation system and agreements for private probation services; to clarify that probation tolling provisions apply to private probation services; to provide for good faith immunity for private probation officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 13, 2013

2717

Referred to the Committee on Judiciary Non-Civil.
HB 583. By Representative Knight of the 130th:
A BILL to be entitled an Act to authorize the Municipal Court of the City of Griffin to charge a technology fee for each civil case 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 584. By Representatives Rogers of the 10th, Hawkins of the 27th and Allison of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Cleveland; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 585. By Representative Jackson of the 128th:
A BILL to be entitled an Act to provide a new charter for the City of Davisboro; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for definitions and construction; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 586. By Representatives Black of the 174th and Spencer of the 180th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Kingsland; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

2718

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 587. By Representative Bentley of the 139th:
A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended, so as to provide for compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 588. By Representatives Parsons of the 44th, Ehrhart of the 36th, Golick of the 40th, Evans of the 42nd, Morgan of the 39th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy sheriff, the assistant chief deputy, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 589. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

WEDNESDAY, MARCH 13, 2013

2719

HB 590. By Representative Kelley 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, so as to revise the districts for the election of members of the Board of Education of Polk County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 591. By Representatives Glanton of the 75th, Stovall of the 74th, Waites of the 60th, Mabra of the 63rd and Scott of the 76th:
A BILL to be entitled an Act repealing an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3869); and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 592. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the compensation of the judge and solicitor-general of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 593. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for 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.

2720

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 594. By Representatives Martin of the 49th, Jones of the 47th, Lindsey of the 54th, Riley of the 50th, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to define certain terms; to provide that all future employees of Fulton County other than public safety employees shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 595. By Representative Harrell of the 106th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to revise enforcement authority for the collection of taxes, fees, or assessments owed for local solid waste services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 596. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act reapportioning the election districts of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5385), so as to redistrict the Board of Education of Telfair County; to change the description of the education districts; to provide for the continuation in office of the current members and the election of subsequent members; to provide for related matters; 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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

WEDNESDAY, MARCH 13, 2013

2721

HB 597. By Representative Pruett of the 149th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for preclearance; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 598. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A BILL to be entitled an Act to provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 599. By Representatives Greene of the 151st, Dukes of the 154th and Fullerton of the 153rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Albany to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 600. By Representatives Powell of the 171st and Taylor of the 173rd:
A BILL to be entitled an Act to create the City of Bainbridge Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

2722

JOURNAL OF THE HOUSE

HB 601. By Representatives Maxwell of the 17th, Battles of the 15th, Weldon of the 3rd, Buckner of the 137th and Brooks of the 55th:

A BILL to be entitled an Act to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to define certain terms; to restrict and repeal an automatic cost-of-living benefit increase; to provide for a portion of fines and forfeited bonds for criminal, quasi-criminal, and civil cases for violating state statutes or traffic laws be paid to the fund; to provide for a member contribution; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

HB 602. By Representatives Cheokas of the 138th and Rynders of the 152nd:

A BILL to be entitled an Act to create the Americus-Sumter County Land Bank Authority; to provide for its membership, terms of office, powers, duties, and authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 719. By Representative Waites of the 60th:

A RESOLUTION honoring the life of Mr. John Charles Birdine, Jr., and dedicating a bridge in his memory; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolution of the House were read the second time:

HB 568 HB 570 HB 572 HB 574 HB 576 HB 578 HB 580 HR 702

HB 569 HB 571 HB 573 HB 575 HB 577 HB 579 HB 581

WEDNESDAY, MARCH 13, 2013

2723

Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 76 Do Pass

Respectfully submitted, /s/ Yates of the 73rd
Chairman

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education 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 115 Do Pass SB 212 Do Pass

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Smith of the 134th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 140 SB 234 SB 236

Do Pass Do Pass Do Pass, by Substitute

2724

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Smith of the 134th
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 330 HB 526 HB 545 HB 556 HB 558

Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass

HB 496 HB 527 HB 548 HB 557 SB 201

Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 148 HR 467 HR 533

Do Pass Do Pass Do Pass

HR 453 Do Pass HR 468 Do Pass

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 154. By Representatives Hamilton of the 24th, Pruett of the 149th, Kirby of the 114th, Lindsey of the 54th, Fleming of the 121st and others:

WEDNESDAY, MARCH 13, 2013

2725

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 provide for a limitation period on medical benefits; to provide for changes related to reimbursement of mileage charges; to provide for changes related to interest on lump sum payments of compensation; to provide for changes related to benefits for attempting work; to increase the compensation benefits for total disability and temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 414. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 431. By Representative Dickey of the 140th:
A BILL to be entitled an Act to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 188687, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), and an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), so as to provide for elections and terms of members of the city council; to change the election of councilmembers from district to at-large; 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 passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 254. By Representatives Williamson of the 115th, Shaw of the 176th, Rice of the 95th, Harbin of the 122nd, Teasley of the 37th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to

2726

JOURNAL OF THE HOUSE

provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 353. By Representative Lumsden of the 12th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 281. By Representatives Roberts of the 155th, Watson of the 172nd and Houston of the 170th:
A RESOLUTION providing that Tift County be so named in honor of the late Henry Harding Tift; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Sheldon of the 104th and Sims of the 169th.
Pursuant to HR 692, the House recognized March 13, 2013, as Civil Air Patrol Day at the capitol, commended the volunteers of the Civil Air Patrol for their service to the citizens of Georgia, and invited them to appear before the House of Representatives.
Pursuant to HR 718, the House commended Commissioner Clinton Perry, Jr., and invited him to be recognized by the House of Representatives.
Pursuant to HR 645, the House recognized and commended Dr. William James Daugherty and invited him to be recognized by the House of Representatives.
Representative McCall of the 33rd District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:

WEDNESDAY, MARCH 13, 2013

2727

Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 87 SB 97 SB 209

Do Pass Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ McCall of the 33rd
Chairman

Representative O`Neal of the 146th moved that the following Bills of the House and Senate be taken from the table:

HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:

A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:

A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9,

2728

JOURNAL OF THE HOUSE

1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.
HB 476. By Representatives Williams of the 168th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes.
HB 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 182. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p.

WEDNESDAY, MARCH 13, 2013

2729

4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 183. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes.
The motion prevailed.
By unanimous consent, the following Bills of the House and Senate, having previously been read, were again taken up for consideration:
HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.

2730

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 476. By Representatives Williams of the 168th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in 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 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 13, 2013

2731

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 182. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 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.
SB 183. By Senator Lucas of the 26th:
A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms

2732

JOURNAL OF THE HOUSE

of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was again read:
A BILL TO BE ENTITLED AN ACT
To amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, is amended by revising Sections IV, V, and VI as follows:
"SECTION IV. (a) There shall be two full-time judges of the State Court of Bibb County who shall be selected as provided in this section. (b) The judge of the State Court of Bibb County in office on January 1, 2013, shall continue to serve the term of office to which said judge was elected until the election and qualification of a successor as provided by law. (c) The additional judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2013, and expiring December 31, 2014, and until a successor is elected and qualified. A successor to the additional judge shall be elected in a manner provided by Code Section 21-2-138, of the O.C.G.A. for the election of judges of the state courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2138 of the O.C.G.A. for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the state courts of this state. (d) The judge of the State Court of Bibb County having the longest time in service as a judge of said court shall be the chief judge of the State Court of Bibb County. The

WEDNESDAY, MARCH 13, 2013

2733

chief judge shall have responsibility for the administration of the operations of the State Court of Bibb County, including, but not limited to, appointment of the clerk, budgeting, scheduling, and the policies, rules, and standing orders of the State Court of Bibb County. (e) The judges of the State Court of Bibb County shall receive as salary compensation an amount equal to 90 percent of the base salary paid to a judge in the superior courts by the state and, in addition, an amount equal to 90 percent of any county supplement paid to judges of the Superior Court of Bibb County. The chief judge of the State Court of Bibb County shall also be paid additional salary compensation in the amount of $2,500.00. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County. In addition to the salary compensation provided for in this section, the governing authority of Bibb County shall pay on behalf of each judge of the State Court of Bibb County a sum equal to the contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A.

SECTION V. The judges of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be subject to such restrictions and discipline, as provided by Chapter 7 of Title 15 of the O.C.G.A. for state court judges in the State of Georgia.

SECTION VI. The solicitor-general of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be selected, as provided for by law for solicitors-general in the State of Georgia. The solicitor-general of said court shall receive as compensation an amount equal to 76 percent of the salary of the judges of the Superior Court of Bibb County paid by the state, and, in addition, an amount equal to 76 percent of the amount of any county supplement paid to the judges of the Superior Court of Bibb County. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, and on the agreement to the Senate substitute, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

Y McCall Y Meadows E Mitchell E Morgan

Y Sims, C N Smith, E Y Smith, L E Smith, M

2734

JOURNAL OF THE HOUSE

Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce E Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S
Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra E Marin Y Martin Y Maxwell N Mayo

Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 119, nays 51.

The Chair voted "aye."

On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 120, nays 51.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.

By unanimous consent, the following Bills of the House, having been postponed from the previous legislative day, were taken up for consideration and read the third time:

WEDNESDAY, MARCH 13, 2013

2735

HB 535. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act to create the Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule; 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 542. By Representative Dutton of the 157th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), as amended, so as to change the description of the election districts; to provide 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 551. By Representatives Knight of the 130th, Yates of the 73rd, Rutledge of the 109th, Stephenson of the 90th and Scott of the 76th:
A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; 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 552. By Representatives Morris of the 156th and Nimmer of the 178th:
A BILL to be entitled an Act to create a board of elections for Appling County and to provide for its powers and duties; to provide for definitions; to provide for submission for preclearance under Section 5 of the federal Voting

2736

JOURNAL OF THE HOUSE

Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 553. By Representative Morris of the 156th:

A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

Pursuant to Rule 133, Representative Strickland of the 111th was excused from voting on HB 535, HB 542, HB 551, HB 552, and HB 553.

Pursuant to Rule 133, Representative Welch of the 110th was excused from voting on HB 535, HB 542, HB 551, HB 552, and HB 553.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover
Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T

WEDNESDAY, MARCH 13, 2013

2737

Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo

E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner
Waites Y Watson, B Y Watson, S
Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Y Ralston, Speaker

On the passage of the Bills, the ayes were 168, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 330. By Representatives Glanton of the 75th, Stovall of the 74th and Waites of the 60th:

A BILL to be entitled an Act to conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), and to enact a new provision; to restate the amount of the homestead exemption as $10,000.00 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, specific conditional repeal, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002

2738

JOURNAL OF THE HOUSE

(Ga. L. 2002, p. 5845), and to enact a new provision; to restate the amount of the homestead exemption for 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, specific conditional repeal, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, 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 Jonesboro except for taxes to pay interest on and to retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) Each resident of the City of Jonesboro is granted an exemption on the assessed value of that person's homestead from all City of Jonesboro ad valorem taxes for municipal purposes in the following amounts: (1) For tax year 2014, $50,000.00; (2) For tax year 2015, $40,000.00; (3) For tax year 2016, $30,000.00; (4) For tax year 2017, $20,000.00; (5) For tax year 2018 and all subsequent years, $10,000.00. The value of the 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 Jonesboro, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Jonesboro, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Jonesboro, or the designee thereof, shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption granted by subsection (b) of this section shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption granted by subsection (b) of this section 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 granted by subsection (b) of this section shall continue to be allowed to such person. It shall be the

WEDNESDAY, MARCH 13, 2013

2739

duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Jonesboro, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county 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 ad valorem taxes for municipal purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2014. (h) In every year in which the homestead exemption is less than any preceding year, the City shall cause an advertisement to be placed in its legal organ at least 3 months prior to the issuance of tax bills stating that the homestead exemption for the then relevant tax year shall be $10,000 less than the preceding tax year.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Jonesboro 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 Jonesboro for approval or rejection. The municipal election superintendent shall conduct that election on November 5, 2013, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clayton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which lowers the homestead exemption from all City of Jonesboro ad valorem taxes for municipal purposes over a period of five years to the amount of $10,000.00 of the assessed value of the homestead for residents of that city?"

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, Section 1 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, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Jonesboro. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. If this Act is approved pursuant to the referendum held pursuant to Section 2 of this Act, then an Act providing for homestead exemptions from ad valorem taxes for city purposes

2740

JOURNAL OF THE HOUSE

for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5485), shall stand repealed effective December 31, 2013.
SECTION 4. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 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.
HB 496. By Representatives Allison of the 8th and Gasaway of the 28th:
A BILL to be entitled an Act to create the Rabun County Water and Sewer Authority; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 526. By Representatives Willard of the 51st, Riley of the 50th, Wilkinson of the 52nd, Geisinger of the 48th, Martin of the 49th and others:
A BILL to be entitled an Act to create the North Fulton Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for membership of the authority; to provide for a quorum and voting; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To create the North Fulton Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for membership of the authority; to provide for

WEDNESDAY, MARCH 13, 2013

2741

a quorum and voting; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "North Fulton Regional Radio System Authority Act."
SECTION 2. Declaration of need.
It is declared that there exists a need for a North Fulton Regional Radio System Authority to function without profit in developing and promoting for the public good certain communication facilities and services in order to provide an interoperable, high quality, and reliable and uninterrupted communication signal for public safety and public services and for the other purposes expressed in this Act.
SECTION 3. North Fulton Regional Radio System Authority.
(a) There is hereby created a public body corporate and politic to be known as the "North Fulton Regional Radio System Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of four members, to include the following: (1) the city manager of the City of Sandy Springs, Georgia, or his or her designee; (2) the city manager of the City of Milton, Georgia, or his or her designee; (3) the city administrator of the City of Alpharetta, Georgia, or his or her designee; (4) and the city administrator of the City of Roswell, Georgia, or his or her designee. Additional members who are city managers or city administrators of other municipalities, or their designees, may be added to the authority by unanimous agreement of the existing members, subject to such additional municipalities paying a share of capital investment as approved by the existing members, in which event such additional municipalities shall be included within the area

2742

JOURNAL OF THE HOUSE

in which the authority has operational capability. To be eligible to serve as a member of the authority, a person shall be at least 21 years of age, shall have been a resident of this state for at least 12 months prior to the date of his or her appointment and shall continue such residency during his or her term of office, and shall not have been convicted of a felony. (c) The authority may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The chairperson shall preside over the regular and special meetings of the authority. In the event that the chairperson is not in attendance, the vice chairperson shall preside. The members of the authority shall also elect a secretary, and may also elect a treasurer, who need not be members of the authority. The secretary and treasurer shall not be the chairperson or vice chairperson. The secretary may also serve as treasurer. If either the secretary or the treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. Any action which requires approval of the authority shall be by majority vote of those members present, provided that a quorum is present. In the event of a tie vote, the vote of each member who cast a vote on the question shall be weighted according to the share of total capital investment made in the authority by the municipality such member represents as compared to the total capital investment made by all municipalities represented by members of the authority, and the votes as so weighted shall be recalculated accordingly to determine the approval or failure of the motion.
SECTION 4. Definitions.
As used in this Act, the term: (1) "Authority" means the North Fulton Regional Radio System Authority created by this Act. (2) "Capital investment" means the amount of funds contributed to the purchasing and installation of start-up equipment for the authority. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' and legal expenses, plans and specifications, licensing fees and costs, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary

WEDNESDAY, MARCH 13, 2013

2743

or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "County" means any county created under the Constitution or laws of this state. (5) "Establishing local governments" shall mean the mayors and councils of the Cities of Alpharetta, Milton, Roswell, and Sandy Springs, Georgia. (6) "Local government" or "local governing authority" means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (7) "Obligation" means any indebtedness, including, without limitation, any note, lease, contract, or other evidence of indebtedness. (8) "Project" means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing facilities and services permitted by the obligation to meet needs and standards for radio communication for public safety and public services within the area of operational capability of the authority and to aid in the accomplishment of the purposes of the authority. (9) "State" means the State of Georgia.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their compensations;

2744

JOURNAL OF THE HOUSE

(5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, local governments, and any other political subdivision of the state located within the operational area of the authority are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To finance projects and facilities of the authority for the furtherance of the purposes of the authority within the geographic area over which the authority has operational capability by loan, loan guarantee, grant, lease, or otherwise and to pay the cost of such from any funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use. The authority shall be deemed to have operational capability within the geographic boundaries of each establishing local government as well as within the geographic boundaries of any local government that subsequently becomes a member of the authority or contracts for services with the authority; (9) To sell or pledge any obligation acquired by it whenever it is determined by the authority that the sale thereof is desirable; (10) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (11) To accept loans and grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (12) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders thereof; (13) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (14) To do all things necessary or convenient to carry out the powers expressly given in this Act.

WEDNESDAY, MARCH 13, 2013

2745

SECTION 6. Credit not pledged.
Obligations of the authority shall not be deemed to constitute a debt of the establishing local governments nor a pledge of the faith and credit of said establishing local governments. The issuance of such obligations shall not directly, indirectly, or contingently obligate said establishing local governments to levy or to pledge any form of taxation whatsoever for payment of such obligations or to make any appropriation for their payment, and all such obligations shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on obligations in consideration for services or facilities of the authority.
SECTION 7. Venue.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Fulton County, Georgia.
SECTION 8. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 9. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing for the development of a regional communication system for public safety and public service use to guarantee interoperability, high quality, and reliable and uninterrupted communication signals through facilities, equipment, and services for the establishing local governments by contract, including other persons, entities, and local governments who may hereinafter contract and agree for services from the authority. The general purposes of the authority shall not restrict the authority from developing and servicing any persons, entities, or local governments who may contract for the authority to develop communication services

2746

JOURNAL OF THE HOUSE

or facilities, or both, in other areas where operational capacity is deemed necessary or desirable.
SECTION 10. Rates, charges, and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise the same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to incur indebtedness as herein provided to finance, in whole or in part, the costs of the project.
SECTION 11. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project constructed or acquired under the provisions of this Act. The authority may adopt bylaws.
SECTION 12. Tort immunity.
To the extent otherwise permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as a political subdivision of the state; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of a political subdivision of the state when in the performance of their public duties or work for a political subdivision of this state.
SECTION 13. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from taxes and special assessments of the state or any political subdivision thereof to the extent allowed by general law.
SECTION 14. Effect on other governments.

WEDNESDAY, MARCH 13, 2013

2747

This Act shall not and does not in any way take from the establishing local governments or any political subdivision of the state the authority to own, operate, and maintain public facilities or to issue obligations.
SECTION 15. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and their inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 16. Effective date.
This Act shall become effective on July 1, 2013.
SECTION 17. Repealer.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 527. By Representatives Jones of the 47th and Hill of the 22nd:
To be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to

2748

JOURNAL OF THE HOUSE

provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; 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 incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), is amended by revising subparagraph (b)(40)(A) of Section 1.12 as follows:
"(A) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city voting in a referendum; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be 'Do you approve increasing taxes on residential and nonresidential property for City of Milton property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped in the original charter for the city?' If such millage rate increase is approved by the qualified voters of the City of Milton voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of Milton voting in a referendum;".
SECTION 2. Said Act is further amended by revising subsection (c) of Section 2.10 as follows:
"(c)(1) The mayor shall be limited to serving three full, consecutive four-year terms of office. (2) Councilmembers shall be limited to serving three full, consecutive terms of office. (3) Persons who serve terms of less than four years as a result of being elected to an initial term of office under subsection (d) of Section 2.11 of this charter or who fill an unexpired term shall not be considered to have served a full term of office for the purposes of this subsection."

WEDNESDAY, MARCH 13, 2013

2749

SECTION 3. Said Act is further amended by revising subsection (c) of Section 3.21 as follows:
"(c) An ordinance 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 councilmembers necessary to vote to override the veto are not present, the action may be continued until the next meeting at which such minimum number of councilmembers are present. The city council may override a veto by the mayor and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least five councilmembers, not including the mayor."
SECTION 4. Said Act is further amended by revising Section 3.29 as follows:
"SECTION 3.29. Selection of mayor pro tempore.
There shall be a mayor pro tempore elected from among the councilmembers by the city council at the first regular meeting of each calendar year. The mayor pro tempore serving on the effective date of this Act shall serve until the first regular meeting of the city council in 2014, at which time a successor shall be elected to serve for a term of one year. All subsequent successors shall be elected at the first regular meeting of the city council in each calendar year to serve until the first regular meeting of the city council in the immediately following calendar year. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election."
SECTION 5. Said Act is further amended by revising subsection (b) of Section 6.11 as follows:
"(b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the city voting in a referendum. For the purposes of this subsection, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

2750

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 545. By Representatives Stovall of the 74th, Glanton of the 75th, Waites of the 60th, Jordan of the 77th, Scott of the 76th and others:
A BILL to be entitled an Act to create the Metropolitan Atlanta Aerotropolis Development Authority; to authorize such authority to undertake such activities necessary to effect the creation of economic development in the metropolitan Atlanta area; to define relevant terms; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for intergovernmental contracts; to provide for the creation of the Metropolitan Atlanta Aerotropolis Development Authority Project Revolving Fund; to provide for local government participation in the authority; to provide for venue of legal actions; 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 548. By Representatives Golick of the 40th, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th, Parsons of the 44th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to to change the description of the wards; to provide 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 556. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to authorize the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed; to

WEDNESDAY, MARCH 13, 2013

2751

specify the uses to which said technology fees may be put; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 557. By Representative McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3714), so as to provide for staggered, four-year terms for the mayor and council; to provide that the city clerk may serve as the city treasurer; to provide that the municipal judge shall be a licensed attorney; to provide that the office of elected officials of the city shall be vacated under certain circumstances; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 558. By Representative McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3909), so as to provide for staggered, four-year terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 201. By Senators Gooch of the 51st and Allison of the 8th:
A BILL to be entitled an Act to provide a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, excluding certain retirement income, does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a

2752

JOURNAL OF THE HOUSE

referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra E Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T
Teasley Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates Ralston, Speaker

On the passage of the Bills, the ayes were 164, nays 3.

The Bills, having received the requisite constitutional majority, were passed.

WEDNESDAY, MARCH 13, 2013

2753

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 718. By Representatives Bentley of the 139th, Tankersley of the 160th, Riley of the 50th and Epps of the 144th:
A RESOLUTION commending Commissioner Clinton Perry, Jr., and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 720. By Representatives Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and Stephens of the 164th:
A RESOLUTION congratulating the Johnson High School boys basketball team on their 2013 GHSA Class AAA State Championship win and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 721. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Buckner of the 137th and Pezold of the 133rd:
A RESOLUTION congratulating Ms. Willietta Grant on winning the 2013 Miss Columbus competition and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 722. By Representatives Carson of the 46th, Marin of the 96th, Williamson of the 115th, Hamilton of the 24th, Ehrhart of the 36th and others:
A RESOLUTION recognizing March 20, 2013, as Boy Scout Day at the capitol and inviting a designee from each council of the Georgia Councils of the Boy Scouts of America 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 718 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 148. By Representatives Ramsey of the 72nd, Fludd of the 64th and Mabra of the 63rd:

2754

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and congratulating the McIntosh High School Lady Chiefs soccer team of Fayette County for winning the Class AAAAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 453. By Representative Houston of the 170th:
A RESOLUTION congratulating the Nashville Woman's Club on their 100th anniversary and inviting its members to be appear before the House of Representatives; and for other purposes.
HR 467. By Representatives Smith of the 70th and Harden of the 148th:
A RESOLUTION recognizing and commending the Bleckley/Pulaski Forestry Unit on being named the Georgia Forestry Commission 2012 Southern Unit of the Year and inviting its members to appear before the House of Representatives; and for other purposes.
HR 468. By Representatives Smith of the 70th, Epps of the 132nd, Ramsey of the 72nd and Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending the Coweta-Fayette-South Fulton County Forestry Unit on being named the State Forestry Commission 2012 Northern Unit of the Year and inviting them to appear before the House of Representatives; and for other purposes.
HR 533. By Representatives Smith of the 70th, Williams of the 119th, Nimmer of the 178th, Epps of the 144th, Fleming of the 121st and others:
A RESOLUTION recognizing and commending the Oconee District on being named the State Forestry Commission 2012 District of the Year and inviting them to appear before the House of Representatives; and for other purposes.
HR 718. By Representatives Bentley of the 139th, Tankersley of the 160th, Riley of the 50th and Epps of the 144th:
A RESOLUTION commending Commissioner Clinton Perry, Jr., 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:

WEDNESDAY, MARCH 13, 2013

2755

HR 723. By Representatives Alexander of the 66th, Bruce of the 61st and Jones of the 62nd:
A RESOLUTION recognizing and commending the Democratic Women's Council of Douglas County; and for other purposes.
HR 724. By Representatives Alexander of the 66th, Bruce of the 61st and Jones of the 62nd:
A RESOLUTION recognizing and commending the Douglas County Democratic Party; and for other purposes.
HR 725. By Representatives Nimmer of the 178th and Harbin of the 122nd:
A RESOLUTION congratulating Representative Nikki Randall on being named the Citizen of the Year by the Greater Macon Chamber of Commerce; and for other purposes.
HR 726. By Representative Nimmer of the 178th:
A RESOLUTION congratulating the Pierce County Flea All-Star girls basketball team on winning the 2012-2013 Georgia Recreation and Park Association state basketball tournament; and for other purposes.
HR 727. By Representatives Lindsey of the 54th, Cooper of the 43rd, Wilkinson of the 52nd and Dempsey of the 13th:
A RESOLUTION honoring and commending the fine nurses and staff of Visiting Nurse Health System and celebrating their day at the capitol on March 12, 2013; and for other purposes.
HR 728. By Representative Sims of the 123rd:
A RESOLUTION congratulating Mary Claire Birdsong; and for other purposes.
HR 729. By Representative Cheokas of the 138th:
A RESOLUTION commending the University of Georgia 2012-2013 Allstars Competitive Cheerleading team on their National Championship victory; and for other purposes.

2756

JOURNAL OF THE HOUSE

HR 730. By Representatives Kelley of the 16th and Cooke of the 18th:
A RESOLUTION congratulating Dr. Brian Ridley on being named the 2013 Georgia Middle School Principal of the Year; and for other purposes.
HR 731. By Representatives Kelley of the 16th and Cooke of the 18th:
A RESOLUTION congratulating Nurse Martha Lang on being named the LPN School Nurse of the Year by the Georgia Association of School Nurses; and for other purposes.
HR 732. By Representatives O`Neal of the 146th and Clark of the 101st:
A RESOLUTION recognizing and commending QT Kitchens and the QuikTrip Corporation; and for other purposes.
HR 733. By Representative Kidd of the 145th:
A RESOLUTION honoring the life and memory of Mr. Jacob L. Goldstein; and for other purposes.
HR 734. By Representatives Alexander of the 66th, Bruce of the 61st and Jones of the 62nd:
A RESOLUTION recognizing and commending Kelli Racynne Rowsey; and for other purposes.
HR 735. By Representatives Morgan of the 39th, Smith of the 41st, Evans of the 42nd, Wilkerson of the 38th, Smyre of the 135th and others:
A RESOLUTION recognizing and commending Pastor Wilbur T. Purvis III's 20th anniversary at the church; and for other purposes.
HR 736. By Representatives Cooper of the 43rd, Watson of the 166th, Dempsey of the 13th, Clark of the 101st, Hatchett of the 150th and others:
A RESOLUTION recognizing March 21, 2013, as Georgia Surgeons' Day at the capitol; and for other purposes.
HR 737. By Representatives Cooper of the 43rd, Dempsey of the 13th, Watson of the 166th and Clark of the 101st:

WEDNESDAY, MARCH 13, 2013

2757

A RESOLUTION recognizing May 12-18, 2013, as Nursing Home Week at the capitol; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

2758

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, March 14, 2013

Thirty-Fourth 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 Alexander Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett Bentley Benton Black Braddock Broadrick Brockway Brooks Bruce E Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter E Casas Chandler Channell Chapman Cheokas Clark, J Clark, V

Coleman Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, J E Evans Fleming E Floyd Fludd Frazier Frye Fullerton Gardner Gasaway E Geisinger Glanton Golick Gordon

Gravley Greene Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson E Jacobs Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Knight Lindsey Lumsden Mabra

E Marin Martin Maxwell Mayo McCall Meadows
E Mitchell E Morgan
Mosby Murphy Neal Nimmer Nix O'Neal Pak Parrish E Parsons Peake Pezold E Powell, J Pruett Quick Ramsey Randall Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper

Sims, B Smith, E Smith, L E Smith, M Smith, R Spencer Stephens, M Stephens, R Stephenson Stovall Stover Strickland Talton Tankersley Tanner Taylor, D Teasley Thomas, A.M. E Thomas, B Turner Waites Watson, B Watson, S Welch Wilkerson Wilkinson Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Beverly of the 143rd, Ehrhart of the 36th, Jordan of the 77th, Kirby of the 114th, Morris of the 156th, Oliver of the 82nd, Powell of the 32nd, Rice of the 95th,

THURSDAY, MARCH 14, 2013

2759

Shaw of the 176th, Sims of the 169th, Smyre of the 135th, Taylor of the 79th, Weldon of the 3rd, and Willard of the 51st.
They wished to be recorded as present.
Prayer was offered by Reverend Arthur Powell, Travelers Rest Baptist Church, Morrow, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 603. By Representatives Evans of the 42nd, Ehrhart of the 36th, Wilkerson of the 38th, Parsons of the 44th, Bruce of the 61st and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3699), so as

2760

JOURNAL OF THE HOUSE

to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 604. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), so as to provide for dates on which the governing authority of Fulton County may make or fix certain levies of ad valorem taxes; to provide for procedures related thereto; to cite a certain constitutional authorization; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 605. By Representatives Neal of the 2nd, Ehrhart of the 36th and Battles of the 15th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to change provisions relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine and restrictions on sales of products containing pseudoephedrine; to provide for real-time tracking of sales of products containing ephedrine, norpseudoephedrine, pseudoephedrine, and phenylpropanolamine; to provide for definitions; to change provisions relating to exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 606. By Representative Knight of the 130th:
A BILL to be entitled an Act to amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to revise the definition of private home care provider to exclude from the definition contractual arrangements with independent contractors; to change certain provisions concerning certain employees; to revise exempt services; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 14, 2013

2761

Referred to the Committee on Health & Human Services.

HB 607. By Representative Waites of the 60th:

A BILL to be entitled an Act to amend Code Section 36-60-17 of the Official Code of Georgia Annotated, relating to water supplier's cut off of water to premises because of indebtedness of prior owner, occupant, or lessee prohibited, records required, limited liens for unpaid charges for water, gas, sewerage service, or electricity, so as to provide that the suppliers of such services shall seek reimbursement for unpaid charges only from the person who incurred such charges; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolution of the House were read the second time:

HB 582 HB 584 HB 586 HB 588 HB 590 HB 592 HB 594 HB 596 HB 598 HB 600 HB 602

HB 583 HB 585 HB 587 HB 589 HB 591 HB 593 HB 595 HB 597 HB 599 HB 601 HR 719

Representative Benton of the 31st District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

Mr. Speaker:

Your Committee on Human Relations and Aging has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 14 Do Pass

Respectfully submitted, /s/ Benton of the 31st
Chairman

2762

JOURNAL OF THE HOUSE

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 569 HB 573 HB 576

Do Pass Do Pass Do Pass

HB 570 HB 574 HB 578

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 96 SB 170 SB 204

Do Pass Do Pass, by Substitute Do Pass

SB 134 SB 187

Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 40th
Chairman

Representative Rice of the 95th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

THURSDAY, MARCH 14, 2013

2763

SB 122 Do Pass
Respectfully submitted, /s/ Rice of the 95th
Chairman
Representative Maxwell of the 17th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 128 Do Pass
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 78 Do Pass HR 490 Do Pass
Representative Dunahoo of the 30th District, Vice-Chairman of the Committee on State Properties, submitted the following report:
Mr. Speaker:
Your Committee on State Properties has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 113 Do Pass, by Substitute
Respectfully submitted, /s/ Dunahoo of the 30th
Vice-Chairman

2764

JOURNAL OF THE HOUSE

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, MARCH 14, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HR 218 HR 410 HR 532
SB 61 SB 66 SB 81 SB 193

Local school superintendents; recognize that learning the United States Constitution is a vital facet of primary education; request (Ed-Sims-123rd) International Olympic Committee; keep wrestling in Olympic games after 2016 Olympics in Rio de Janeiro, Brazil; request (GAff-Glanton-75th) United States Army Corps of Engineers (USACE); utilize adaptive management techniques to control lake levels and river flows within Savannah River Basin; request (NR&E-Powell-32nd) "Georgia Self-service Storage Facility Act of 2013" change the due date for monthly rental payments (Substitute)(Judy-Lindsey-54th) Stone-23rd Courts; increase penalties that can impose for contempt of superior and state courts (Substitute)(Judy-Jacobs-80th) Stone-23rd Forest Resources; shorten the legal season for harvesting ginseng (A&CAJasperse-11th) Wilkinson-50th "Uniform Interstate Family Support Act"; update (Substitute)(JuvJ-Quick117th) Cowsert-46th

Modified Structured Rule

None

Structured Rule

None

THURSDAY, MARCH 14, 2013

2765

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 569. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 570. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 573. By Representatives Dickson of the 6th, Broadrick of the 4th and Neal of the 2nd:

2766

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Whitfield County; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A. shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 574. By Representatives Riley of the 50th, Martin of the 49th, Dudgeon of the 25th, Rice of the 95th and Willard of the 51st:
A BILL to be entitled an Act to amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to clarify the cap on changing the millage rate for ad valorem property taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 576. By Representative Harden of the 148th:
A BILL to be entitled an Act to create a board of elections and registration for Wilcox County and to provide for its powers and duties; to provide for definitions; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide 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 578. By Representatives Harbin of the 122nd, Fleming of the 121st, Sims of the 123rd and McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L.

THURSDAY, MARCH 14, 2013

2767

2004, p. 4471), as amended, so as to revise the time for vesting in such program; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague
Bell Y Bennett Y Bentley
Benton Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan
Dutton Y Ehrhart Y England
Epps, C Y Epps, J E Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson
Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser
Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell E Morgan
Morris Y Mosby Y Murphy
Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper
Shaw Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 151, nays 1.

2768

JOURNAL OF THE HOUSE

The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 234. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd:
A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 255. By Representatives Rogers of the 10th, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 342. By Representative Ramsey of the 72nd:
A BILL to be entitled an Act to provide a new charter for the City of Senoia; 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,

THURSDAY, MARCH 14, 2013

2769

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 prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal specific Acts; 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 Williams of the 168th, Williamson of the 115th, Chandler of the 105th, Kirby of the 114th, Rice of the 95th, Allison of the 8th, Bentley of the 139th, Henson of the 86th, Drenner of the 85th, O'Neal of the 146th, Meadows of the 5th, England of the 116th, Carter of the 175th, and Dickey of the 140th.
Pursuant to HR 533, the House recognized and commended the Oconee District on being named the State Forestry Commission 2012 District of the Year and invited them to appear before the House of Representatives.
Pursuant to HR 468, the House recognized and commended the Coweta-Fayette-South Fulton County Forestry Unit on being named the State Forestry Commission 2012 Northern Unit of the Year and invited them to appear before the House of Representatives.
Pursuant to HR 467, the House recognized and commended the Bleckley/Pulaski Forestry Unit on being named the Georgia Forestry Commission 2012 Southern Unit of the Year and invited its members to appear before the House of Representatives.
Pursuant to HR 453, the House congratulated the Nashville Woman's Club on their 100th anniversary and invited its members to appear before the House of Representatives.
Pursuant to HR 148, the House recognized and congratulated the McIntosh High School Lady Chiefs soccer team of Fayette County for winning the Class AAAAA State Championship and invited them to be recognized by the House of Representatives.
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 81. By Senators Wilkinson of the 50th, Ginn of the 47th and Gooch of the 51st:
A BILL to be entitled an Act to amend Code Section 12-6-152 of the Official Code of Georgia Annotated, relating to prohibited acts regarding harvesting

2770

JOURNAL OF THE HOUSE

ginseng, so as to shorten the legal season for harvesting ginseng; 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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague Y Bell
Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick N Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M N Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner N Dudgeon Y Dukes Y Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming N Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger
Glanton Y Golick Y Gordon N Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hill Y Hitchens
Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson
Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd N Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake N Pezold Y Powell, A E Powell, J
Pruett Y Quick N Ramsey Y Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner N Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. E Thomas, B N Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 133, nays 28.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 14, 2013

2771

House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334
March 14, 2013
Robert Rivers, Jr. Clerk of the House 309 State Capitol
Dear Mr. Rivers,
Please be advised that I had to leave session this morning for a family emergency. In the confusion of it all, my vote for SB 81 was cast in error. I would like for my vote to reflect as NO.
Thank you,
/s/ Charles Gregory Representative Charles Gregory
SB 193. By Senators Cowsert of the 46th, McKoon of the 29th, Tippins of the 37th, Bethel of the 54th and Ligon, Jr. of the 3rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; 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 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2772

JOURNAL OF THE HOUSE

SECTION 1. Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, is amended by revising Article 3, relating to the Uniform Interstate Family Support Act, as follows:
"ARTICLE 3 Part 1
19-11-100. This article shall be known and may be cited as the 'Uniform Interstate Family Support Act.'
19-11-101. As used in this article, the term:
(1) 'Child' means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) 'Child support order' means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. (3) 'Convention' means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. (3)(4) 'Duty of support' means an obligation imposed or which may be imposed by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (5) 'Foreign country' means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(A) Which has been declared under the law of the United States to be a foreign reciprocating country; (B) Which has established a reciprocal arrangement for child support with this state as provided in Code Section 19-11-127; (C) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this article; or (D) In which the convention is in force with respect to the United States. (6) 'Foreign support order' means a support order of a foreign tribunal. (7) 'Foreign tribunal' means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention. (4)(8) 'Home state' means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a

THURSDAY, MARCH 14, 2013

2773

child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (5)(9) 'Income' includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of Georgia. (6)(10) 'Income-withholding order' means an order or other legal process directed to an obligor's employer or other debtor, pursuant to Code Sections 19-6-31 through 196-33, to withhold support from the income of the obligor. (7) 'Initiating state' means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this article or a law substantially similar to this article or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (8)(11) 'Initiating tribunal' means the authorized tribunal in an initiating state of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. (12) 'Issuing foreign country' means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child. (9)(13) 'Issuing state' means the state in which a tribunal issues a support order or renders a judgment determining parentage of a child. (10)(14) 'Issuing tribunal' means the tribunal of a state or foreign country that issues a support order or renders a judgment determining parentage of a child. (11)(15) 'Law' includes decisional and statutory law and rules and regulations having the force of law. (12)(16) 'Obligee' means:
(A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage of a child has been rendered issued; (B) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support; or (C) An individual seeking a judgment determining parentage of the individual's child; or (D) A person that is a creditor in a proceeding under Part 7 of this article. (13)(17) 'Obligor' means an individual or the estate of a decedent that: (A) Owes Who owes or is alleged to owe a duty of support; (B) Is Who is alleged but has not been adjudicated to be a parent of a child; or (C) Is Who is liable under a support order; or (D) Is a debtor in a proceeding under Part 7 of this article.

2774

JOURNAL OF THE HOUSE

(18) 'Outside this state' means a location in another state or a country other than the United States, whether or not the country is a foreign country. (19) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (14)(21) 'Register' means to record or file in a tribunal of this state a support order or judgment determining parentage in the appropriate court for the recording or filing of foreign judgments generally or foreign support orders specifically of a child issued in another state or a foreign country. (15)(22) 'Registering tribunal' means a tribunal in which a support order or judgment determining parentage of a child is registered. (16)(23) 'Responding state' means a state in which a proceeding petition or comparable pleading for support or to determine parentage of a child is filed or to which a proceeding petition or comparable pleading is forwarded for filing from an initiating state under this article or a law or procedure substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act another state or foreign country. (17)(24) 'Responding tribunal' means the authorized tribunal in a responding state or foreign country. (18)(25) 'Spousal support order' means a support order for a spouse or former spouse of the obligor. (19)(26) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the under the jurisdiction of the United States. The term includes:
(A) An an Indian nation or tribe; and (B) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (20)(27) 'Support enforcement agency' means a public official, governmental entity, or private agency authorized to seek: (A) Seek enforcement Enforcement of support orders or laws relating to the duty of support; (B) Seek establishment Establishment or modification of child support; (C) Request determination Determination of parentage of a child; or (D) Attempt to locate The location of obligors or their assets; or (E) Request determination of the controlling child support order. (21)(28) 'Support order' means a judgment, decree, or order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for

THURSDAY, MARCH 14, 2013

2775

monetary support, health care, arrearages, retroactive support, or reimbursement and for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief. (22)(29) 'Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
19-11-102. (a) The superior courts, the Office of State Administrative Hearings, and the Department of Human Services are the tribunals of Georgia for purposes of this article. (b) The Department of Human Services shall be the support enforcement agency of this state.
19-11-103. (a) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) This article does not:
(1) Provide the exclusive method of establishing or enforcing a support order under the law of Georgia; or (2) Grant a tribunal of Georgia jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article.
19-11-104. (a) A tribunal of Georgia shall apply Parts 1 through 6 and, as applicable, Part 7 of this article to a support proceeding involving:
(1) A foreign support order; (2) A foreign tribunal; or (3) An obligee, obligor, or child residing in a foreign country. (b) A tribunal of Georgia that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Parts 1 through 6 of this article. (c) Part 7 of this article applies only to a support proceeding under the convention. In such a proceeding, if a provision of Part 7 of this article is inconsistent with Parts 1 through 6 of this article, Part 7 of this article controls.
Part 2
19-11-110. (a) In a proceeding to establish, or enforce, or modify a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

2776

JOURNAL OF THE HOUSE

(1) The individual is personally served with process within Georgia; (2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided with the child in Georgia; (4) The individual resided in Georgia and provided prenatal expenses or support for the child; (5) The child resides in Georgia as a result of the acts or directives of the individual; (6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse; (7) The individual asserted parentage of a child in the putative father registry maintained in this state by the Department of Human Services; or (8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction. (b) The bases of personal jurisdiction set forth in subsection (a) of this Code section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Code Section 19-11-170 are met, or, in the case of a foreign support order, unless the requirements of Code Section 19-11-174 are met.
19-11-111. Personal jurisdiction acquired by a tribunal of Georgia in a proceeding under this article or other law of Georgia relating to a support order continues so long as a tribunal of Georgia has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Code Sections 19-11-114, 19-11-115, and 19-11-119.1. A tribunal of Georgia exercising personal jurisdiction over a nonresident under Code Section 19-11-110 may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. In all other respects, Parts 3 through 7 of this article do not apply and the tribunal shall apply the procedural and substantive law of Georgia, including the rules on choice of law other than those established by this article.
19-11-112. Under this article, a tribunal in Georgia may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country.
19-11-113. (a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1) The petition or comparable pleading in Georgia is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive

THURSDAY, MARCH 14, 2013

2777

pleading challenging the exercise of jurisdiction by the other state or the foreign country; (2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (3) If relevant, Georgia is the home state of the child. (b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if: (1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia; (2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and (3) If relevant, the other state or foreign country is the home state of the child.
19-11-114. (a) A tribunal in Georgia issuing a that has issued a child support order consistent with the law of Georgia has and shall exercise continuing, exclusive jurisdiction over a to modify its child support order if the order is the controlling order and:
(1) At the time of the filing of a request for modification Georgia is As long as Georgia remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) Even if Georgia is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of Georgia may continue to exercise jurisdiction to modify its order. Until all of the parties who are individuals have filed written consents with the tribunal in Georgia for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction. (b) A tribunal in Georgia issuing that has issued a child support order consistent with the law of Georgia may not exercise its continuing, exclusive jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this article or a law substantially similar to this article: (1) All of the parties who are individuals file consent in a record with the tribunal of Georgia that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) Its order is not the controlling order. (c) If a child support order of Georgia is modified by a tribunal of another state pursuant to this article or a law substantially similar to this article, a tribunal in Georgia loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in Georgia and may only: (1) Enforce the order that was modified as to amounts accruing before the modification; (2) Enforce nonmodifiable aspects of that order; and

2778

JOURNAL OF THE HOUSE

(3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification. (d)(c) If A tribunal of Georgia shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this article or a law substantially similar to this article which modifies a child support order of a tribunal of Georgia, tribunals of Georgia shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d) A tribunal of Georgia that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. (f) A tribunal of Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of Georgia may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.
19-11-115. (a) A tribunal in Georgia that has issued a child support order consistent with the law of Georgia may serve as an initiating tribunal to request a tribunal of another state to enforce: or modify a support order issued in that state
(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to this article; or (2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (b) A tribunal in Georgia having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. (c) A tribunal in Georgia which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.
19-11-116. (a) If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this article and two or more child support orders have been issued by tribunals of Georgia or, another state, or a foreign country with regard to the same obligor and same child, a tribunal of Georgia having personal jurisdiction over both the obligor and individual obligee shall apply the following rules

THURSDAY, MARCH 14, 2013

2779

in determining and by order shall determine which order to recognize for purposes of continuing, exclusive jurisdiction controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls and must be so recognized; (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this article,:
(A) An an order issued by a tribunal in the current home state of the child controls and must be so recognized, but; or (B) If if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized; or (3) If none of the tribunals would have continuing, exclusive jurisdiction under this article, the tribunal of Georgia having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized. (c) If two or more child support orders have been issued for the same obligor and same child and if the obligor or the individual obligee resides in Georgia, a party may request, upon request of a party who is an individual or that is a support enforcement agency, a tribunal in Georgia to having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls and must be so recognized under subsection (b) of this Code section. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. The request may be filed with a registration for enforcement or registration for modification pursuant to Part 6 of this article or may be filed as a separate proceeding. (d) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (d)(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this Code section is the tribunal that has continuing, exclusive jurisdiction under to the extent provided in Code Section Sections 19-11-114 and 19-11-115. (e)(f) A tribunal of Georgia which that determines by order the identity of which is the controlling order under paragraph (1) or (2) of subsection (b) or subsection (c) of this Code section or which that issues a new controlling order under paragraph (3) of subsection (b) of this Code section shall state in that order: (1) The the basis upon which the tribunal made its determination; (2) The amount of prospective support, if any; and (3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Code Section 19-11118. (f)(g) Within 30 days after issuance of an order determining the identity of which is the controlling order, the party obtaining the order shall file a certified copy of it with in each tribunal that issued or registered an earlier order of child support. A party who

2780

JOURNAL OF THE HOUSE

obtains or support enforcement agency obtaining the order and that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this Code section must be recognized in proceedings under this article.
19-11-117. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of Georgia shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of Georgia.
19-11-118. A tribunal of Georgia shall credit amounts Amounts collected and credited for a particular period pursuant to a support order any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of Georgia or another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of Georgia, or a foreign country.
19-11-119. A tribunal of Georgia exercising personal jurisdiction over a nonresident in a proceeding under this article, under other law of Georgia relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to Code Section 19-11-135, communicate with a tribunal outside this state pursuant to Code Section 19-11-136, and obtain discovery through a tribunal outside this state pursuant to Code Section 19-11-137. In all other respects, Parts 3 through 6 of this article do not apply and the tribunal shall apply the procedural and substantive law of Georgia.
19-11-119.1. (a) A tribunal of Georgia issuing a spousal support order consistent with the law of Georgia has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b) A tribunal of Georgia may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (c) A tribunal of Georgia that has continuing, exclusive jurisdiction over a spousal support order may serve as:

THURSDAY, MARCH 14, 2013

2781

(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (2) A responding tribunal to enforce or modify its own spousal support order.
Part 3
19-11-120. (a) Except as otherwise provided in this article, this part applies to all proceedings under this article. (b) This article provides for the following proceedings:
(1) Establishment of an order for spousal support or child support pursuant to Part 4 of this article; (2) Enforcement of a support order and income-withholding order of another state without registration pursuant to Part 5 of this article; (3) Registration of an order for spousal support or child support of another state for enforcement pursuant to Part 6 of this article; (4) Modification of an order for child support or spousal support issued by a tribunal of Georgia pursuant to Code Sections 19-11-112 through 19-11-115; (5) Registration of an order for child support of another state for modification pursuant to Part 6 of this article; (6) Determination of parentage pursuant to Part 7 of this article; and (7) Assertion of jurisdiction over nonresidents pursuant to Code Sections 19-11-110 and 19-11-111. (c)(b) An individual petitioner or a support enforcement agency may commence initiate a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
19-11-121. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
19-11-122. Except as otherwise provided by in this article, a responding tribunal of Georgia:
(1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in Georgia and may exercise all powers and provide all remedies available in those proceedings; and (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of Georgia.

2782

JOURNAL OF THE HOUSE

19-11-123. (a) Upon the filing of a petition authorized by this article, an initiating tribunal of this state Georgia shall forward three copies of the petition and its accompanying documents:
(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If a responding state has not enacted this article or a law or procedure substantially similar to this article requested by the responding tribunal, a tribunal of Georgia may shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state tribunal is in a foreign jurisdiction, country, upon request the tribunal may of Georgia shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding state foreign tribunal.
19-11-124. (a) When a responding tribunal of Georgia receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) (b) of Code Section 1911-120, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of Georgia, to the extent otherwise authorized not prohibited by other law, may do one or more of the following:
(1) Establish Issue or enforce a support order, modify a child support order, determine the controlling child support order, or render a judgment to determine parentage of a child; (2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) Order income withholding; (4) Determine the amount of any arrearages and specify a method of payment; (5) Enforce orders by civil or criminal contempt, or both; (6) Set aside property for satisfaction of the support order; (7) Place liens and order execution on the obligor's property; (8) Order an obligor to keep the tribunal informed of the obligor's current residential address, e-mail address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) Issue an order for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the arrest order in any local and state computer systems for criminal warrants; (10) Order the obligor to seek appropriate employment by specified methods; (11) Award reasonable attorney's fees and other fees and costs; and

THURSDAY, MARCH 14, 2013

2783

(12) Grant any other available remedy. (c) A responding tribunal of Georgia shall include in a support order issued under this article, or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of Georgia may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation. (e) If a responding tribunal of Georgia issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. (f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of Georgia shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
19-11-125. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in of this state or another state and notify the petitioner where and when the pleading was sent.
19-11-126. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article. (b) A support enforcement agency of this state that is providing services to the petitioner as appropriate shall:
(1) Take all steps necessary to enable an appropriate tribunal in of Georgia or, another state, or a foreign country to obtain jurisdiction over the respondent; (2) Request an appropriate tribunal to set a date, time, and place for a hearing; (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner or other appropriate agency; (5) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts: (1) To ensure that the order to be registered is the controlling order; or

2784

JOURNAL OF THE HOUSE

(2) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. (e) A support enforcement agency of this state shall issue or request a tribunal of Georgia to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Code Section 19-11-138. (c)(f) This article does not create a relationship of attorney-client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
19-11-127. (a) The district attorney of each judicial circuit shall be authorized to represent the Department of Human Services in any proceeding under this article; otherwise, at the option of the district attorney, actions under this article on behalf of the department shall be brought by attorneys appointed by the Attorney General. Written delegation of such duties previously executed by a district attorney pursuant to Article 2 of this chapter, the 'Uniform Reciprocal Enforcement of Support Act,' particularly Code Section 19-11-53, shall constitute a delegation of such representation to the Attorney General for purposes of this article. In all actions brought or maintained by the Department of Human Services, the department shall be regarded as the sole client of such attorney, and no attorney-client relationship shall be created between such attorney and any individual seeking or receiving services under this article through the Department of Human Services. The department may require a completed application for services pursuant to Title IV-D of the federal Social Security Act as a condition of providing any services under this article. (b) Where a support order is established pursuant to Code Section 19-11-140 incident to representation of the department by the district attorney, there shall be paid to the county in which the petition is handled the sum of $50.00 for each such support order established, whether this state is the initiating or responding jurisdiction. (c)(a) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may provide those services directly to the individual. (b) The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

THURSDAY, MARCH 14, 2013

2785

19-11-128. An individual may employ private counsel to represent the individual in proceedings authorized by this article.
19-11-129. (a) The Department of Human Services is the state information agency under this article. (b) The state information agency shall:
(1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (3) Forward to the appropriate tribunal in the place county in Georgia in which the individual obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from an initiating tribunal or the state information agency of the initiating another state or a foreign country; and (4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's drivers' licenses, and social security.
19-11-130. (a) In a proceeding under this article, a A petitioner seeking to establish or modify a support order or, to determine parentage in a proceeding under this article must verify the of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Code Section 19-11-131, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, social security number, and date of birth of each child for whom whose benefit support is sought. The or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a certified copy of any support order in effect known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

2786

JOURNAL OF THE HOUSE

19-11-131. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this article.
19-11-132. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of Georgia may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Part 6 of this article, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
19-11-133. (a) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article. (c) The immunity granted by this Code section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while physically present in Georgia to participate in the proceeding.
19-11-134. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article.

THURSDAY, MARCH 14, 2013

2787

19-11-135. (a) The physical presence of the petitioner a nonresident party who is an individual in a responding tribunal of Georgia is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An A verified petition, affidavit, a document substantially complying with federally mandated forms, and or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under oath penalty of perjury by a party or witness residing in another outside this state. (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (e) Documentary evidence transmitted from another outside this state to a tribunal of Georgia by telephone, telecopier, or other electronic means that do not provide an original writing record may not be excluded from evidence on an objection based on the means of transmission. (f) In a proceeding under this article, a tribunal of Georgia may shall permit a party or witness residing in another outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state Georgia shall cooperate with other tribunals of other states in designating an appropriate location for the deposition or testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article. (j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
19-11-136. A tribunal in Georgia may communicate with a tribunal of another outside this state in writing a record, or by telephone, e-mail, or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that

2788

JOURNAL OF THE HOUSE

tribunal, and the status of a proceeding in the other state. A tribunal in Georgia may furnish similar information by similar means to a tribunal of another outside this state.
19-11-137. A tribunal of this state may:
(1) Request a tribunal of another outside this state to assist in obtaining discovery; and (2) Upon request, compel a person over whom which it has jurisdiction to respond to a discovery order issued by a tribunal of another outside this state.
19-11-138. (a) A support enforcement agency or tribunal in Georgia shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received. (b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of Georgia or another state, the support enforcement agency of this state or a tribunal of this state shall:
(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and (2) Issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments. (c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) of this Code section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
Part 4
19-11-140. (a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(1) The individual seeking the order resides in another outside this state; or (2) The support enforcement agency seeking the order is located in another outside this state. (b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: (1) A presumed father of the child The respondent has signed a verified statement acknowledging parentage; (2) Petitioning to have his paternity adjudicated; The respondent has been determined by or pursuant to law to be the parent; or

THURSDAY, MARCH 14, 2013

2789

(3) Identified as the father of the child through genetic testing; There is other clear and convincing evidence that the respondent is the child's parent (4) An alleged father who has declined to submit to genetic testing; (5) Shown by clear and convincing evidence to be the father of the child; (6) An acknowledged father as provided by applicable state law or the law of a foreign country; (7) The mother of the child; or (8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124.
19-11-141. A tribunal of Georgia authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article.
Part 5
19-11-150. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33 without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
19-11-151. (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of Georgia. (c) Except as otherwise provided by subsection (d) of this Code section and Code Section 19-11-152, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:
(1) The duration and the amount of periodic payments of current child support, stated as a sum certain; (2) The person or agency designated to receive payments and the address to which the payments are to be forwarded; (3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

2790

JOURNAL OF THE HOUSE

(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) The employer's fee for processing an income-withholding order; (2) The maximum amount permitted to be withheld from the obligor's income; and (3) The time periods within which the employer must implement the withholding order and forward the child support payment.
19-11-152. If an obligor's employer receives multiple two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple two or more child support obligees.
19-11-153. An employer who that complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
19-11-154. An employer who that willfully fails to comply with an income-withholding order issued by in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal in Georgia.
19-11-155. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in Georgia by registering the order in a tribunal of Georgia and filing a contest to that order as provided in Part 6 of this article, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of Georgia. Code Section 19-11-163 applies to the contest. (b) The obligor shall give notice of the contest to:
(1) Any support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order relating to the obligor; and (3) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee.
19-11-156. (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of in another state or a foreign

THURSDAY, MARCH 14, 2013

2791

support order may send the documents required for registering the order to a support enforcement agency of Georgia. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of Georgia to enforce a support order or an incomewithholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article.
Part 6
19-11-160. A support order or an income-withholding order issued by a tribunal of in another state or a foreign support order may be registered in Georgia for enforcement.
19-11-161. (a) Except as otherwise provided in Code Section 19-11-184.1, a A support order or income-withholding order of another state or a foreign support order may be registered in Georgia by sending the following documents and information records to the appropriate tribunal in Georgia:
(1) A letter of transmittal to the tribunal requesting registration and enforcement; (2) Two copies, including one certified copy, of all orders the order to be registered, including any modification of an the order; (3) A sworn statement by the party seeking person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) The name of the obligor and, if known:
(A) The obligor's address and social security number; (B) The name and address of the obligor's employer and any other source of income of the obligor; and (C) A description and the location of property of the obligor in Georgia not exempt from execution; and (5) Except as otherwise provided in Code Section 19-11-131, the The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form. (c) A petition, motion, or comparable filing seeking a remedy that must be affirmatively sought under other laws of this state, and discovery incident thereto, may be filed at the same time as the request for registration or later. The pleading, motion,

2792

JOURNAL OF THE HOUSE

or other filing must specify the grounds for the remedy sought. For purposes of this subsection, remedies sought may include, but are not limited to, a rule for contempt or a petition for entry of an income deduction order. (d) If two or more orders are in effect, the person requesting registration shall:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this Code section; (2) Specify the order alleged to be the controlling order, if any; and (3) Specify the amount of consolidated arrears, if any. (e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
19-11-162. (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of Georgia. (b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia. (c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
19-11-163. (a) Except as otherwise provided in subsection (d) of this Code section, the The law of the issuing state or foreign country governs:
(1) The the nature, extent, amount, and duration of current payments and other obligations of support and the under a registered support order; (2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) The existence and satisfaction of other obligations under the support order. (b) In a proceeding for arrearages arrears under a registered support order, the statute of limitation under the laws of Georgia or of the issuing state or foreign country, whichever is longer, applies. (c) A responding tribunal of Georgia shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in Georgia. (d) After a tribunal of Georgia or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of Georgia shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

THURSDAY, MARCH 14, 2013

2793

19-11-164. (a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of Georgia shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) The A notice must inform the nonregistering party:
(1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of Georgia; (2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under Code Section 19-11-184.2; (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) Of the amount of any alleged arrearages. (c) If the registering party asserts that two or more orders are in effect, a notice must also: (1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; (2) Notify the nonregistering party of the right to a determination of which is the controlling order; (3) State that the procedures provided in subsection (b) of this Code section apply to the determination of which is the controlling order; and (4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (c)(d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33.
19-11-165. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in Georgia shall request a hearing within 20 days after notice of the registration the time required by Code Section 19-11-164. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Code Section 19-11-166. (b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

2794

JOURNAL OF THE HOUSE

19-11-166. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order was obtained by fraud; (3) The order has been vacated, suspended, or modified by a later order; (4) The issuing tribunal has stayed the order pending appeal; (5) There is a defense under the law of Georgia to the remedy sought; (6) Full or partial payment has been made; or (7) The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the alleged arrearages; or (8) The alleged controlling order is not the controlling order. (b) If a party presents evidence establishing a full or partial defense under subsection (a) of this Code section, a tribunal may stay enforcement of the a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue temporary or other appropriate orders. Any portion of the registered support order which is not in dispute may be enforced by all remedies available under the laws of Georgia. (c) If the contesting party does not establish a defense under subsection (a) of this Code section to the validity or enforcement of the a registered support order, the registering tribunal shall issue an order confirming the order.
19-11-167. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
19-11-168. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in Georgia in the same manner provided in Code Sections 19-11-160 through 19-11-163 19-11-167 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
19-11-169. A tribunal of Georgia may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of Georgia, but the registered support order may be modified only if the requirements of Code Section 19-11-170 or 19-11-172 have been met.

THURSDAY, MARCH 14, 2013

2795

19-11-170. (a) If Code Section 19-11-172 does not apply, upon petition a tribunal of Georgia may modify After a child support order issued in another state has been which is registered in Georgia, the responding tribunal of Georgia may modify that order only if Code Section 19-11-172 does not apply and if, after notice and hearing, it the tribunal finds that:
(1) The following requirements are met: (A) Neither the The child, nor the individual obligee who is an individual, and nor the obligor do not reside resides in the issuing state; (B) A petitioner who is a nonresident of Georgia seeks modification; and (C) The respondent is subject to the personal jurisdiction of the tribunal of Georgia; or
(2) This state is the residence of the The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of Georgia, and all of the parties who are individuals have filed written consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this article, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order. (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner. (c) A tribunal in Georgia may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under the provisions of Code Section 19-11-116 establishes the aspects of the support order which are nonmodifiable. (d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of Georgia. (d)(e) On issuance of an order by a tribunal of Georgia modifying a child support order issued in another state, a the tribunal of Georgia becomes the tribunal having continuing, exclusive jurisdiction. (f) Notwithstanding subsections (a) through (e) of this Code section and subsection (b) of Code Section 19-11-110, a tribunal of Georgia retains jurisdiction to modify an order issued by a tribunal of Georgia if: (1) One party resides in another state; and (2) The other party resides outside the United States.

2796

JOURNAL OF THE HOUSE

19-11-171. If a child support order issued by a A tribunal in Georgia shall recognize a modification of its earlier child support order is modified by a tribunal of another state which assumed jurisdiction pursuant to this article or a law substantially similar to this article and, upon request, except as otherwise provided in this article, shall, a tribunal of Georgia:
(1) May enforce its Enforce the order that was modified only as to amounts arrears and interest accruing before the modification; (2) Enforce only nonmodifiable aspects of that order; (3)(2) May provide Provide other appropriate relief only for violations of that its order which occurred before the effective date of the modification; and (4)(3) Shall recognize Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
19-11-172. (a) If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal in Georgia exercising jurisdiction as provided in this Code section shall apply the provisions of Parts 1 and 2 of this article and the procedural and substantive law of Georgia to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply.
19-11-173. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
19-11-174. (a) Except as otherwise provided in Code Section 19-11-184.6, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of Georgia may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to Code Section 19-11-170 has been given or whether the individual seeking modification is a resident of this state or of the foreign country. (b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this Code section is the controlling order.

THURSDAY, MARCH 14, 2013

2797

19-11-175. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under Code Sections 19-11-160 through 19-11-167 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
Part 7
19-11-180. As used in this part, the term: (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this article or a law substantially similar to this article, or the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child. (b) In a proceeding to determine parentage, a responding tribunal in Georgia shall apply the procedural and substantive law of this state and the rules of this state on choice of law.
(1) 'Application' means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) 'Central authority' means the entity designated by the United States or a foreign country described in subparagraph (D) of paragraph (5) of Code Section 19-11-101 to perform the functions specified in the convention. (3) 'Convention support order' means a support order of a tribunal of a foreign country described in subparagraph (D) of paragraph (5) of Code Section 19-11-101. (4) 'Direct request' means a petition filed by an individual in a tribunal of Georgia in a proceeding involving an obligee, obligor, or child residing outside the United States. (5) 'Foreign central authority' means the entity designated by a foreign country described in subparagraph (D) of paragraph (5) of Code Section 19-11-101 to perform the functions specified in the convention. (6) 'Foreign support agreement':
(A) Means an agreement for support in a record that: (i) Is enforceable as a support order in the country of origin; (ii) Has been: (I) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or (II) Authenticated by, or concluded, registered, or filed with, a foreign tribunal; and (iii) May be reviewed and modified by a foreign tribunal; and
(B) Includes a maintenance arrangement or authentic instrument under the convention.

2798

JOURNAL OF THE HOUSE

(7) 'United States central authority' means the secretary of the United States Department of Health and Human Services.
19-11-181. This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with Parts 1 through 6 of this article, this part controls.
19-11-182. The Department of Human Services is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
19-11-183. (a) In a support proceeding under this part, the Department of Human Services shall:
(1) Transmit and receive applications; and (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of Georgia. (b) The following support proceedings are available to an obligee under the convention: (1) Recognition or recognition and enforcement of a foreign support order; (2) Enforcement of a support order issued or recognized in Georgia; (3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; (4) Establishment of a support order if recognition of a foreign support order is refused under paragraph (2), (4), or (9) of subsection (b) of Code Section 19-11184.3; (5) Modification of a support order of a tribunal of Georgia; and (6) Modification of a support order of a tribunal of another state or a foreign country. (c) The following support proceedings are available under the convention to an obligor against which there is an existing support order: (1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of Georgia; (2) Modification of a support order of a tribunal of Georgia; and (3) Modification of a support order of a tribunal of another state or a foreign country. (d) A tribunal of Georgia may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
19-11-184. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of Georgia applies.

THURSDAY, MARCH 14, 2013

2799

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Code Sections 19-11-184.1 through 19-11-184.8 apply. (c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of Georgia under the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance from the Department of Human Services. (e) This part does not prevent the application of laws of Georgia that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
19-11-184.1. (a) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Part 6 of this article. (b) Notwithstanding Code Sections 19-11-130 and subsection (a) of Code Section 1911-161, a request for registration of a convention support order must be accompanied by:
(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; (2) A record stating that the support order is enforceable in the issuing country; (3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; (4) A record showing the amount of arrears, if any, and the date the amount was calculated; (5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and (6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. (c) A request for registration of a convention support order may seek recognition and partial enforcement of the order. (d) A tribunal of Georgia may vacate the registration of a convention support order without the filing of a contest under Code Section 19-11-184.2 only if, acting on its

2800

JOURNAL OF THE HOUSE

own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy. (e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
19-11-184.2. (a) Except as otherwise provided in this part, Code Sections 19-11-164 through 19-11167 apply to a contest of a registered convention support order. (b) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration. (c) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b) of this Code section, the order is enforceable. (d) A contest of a registered convention support order may be based only on grounds set forth in Code Section 19-11-184.3. The contesting party bears the burden of proof. (e) In a contest of a registered convention support order, a tribunal of Georgia:
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) May not review the merits of the order. (f) A tribunal of Georgia deciding a contest of a registered convention support order shall promptly notify the parties of its decision. (g) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
19-11-184.3. (a) Except as otherwise provided in subsection (b) of this Code section, a tribunal of Georgia shall recognize and enforce a registered convention support order. (b) The following grounds are the only grounds on which a tribunal of Georgia may refuse recognition and enforcement of a registered convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; (2) The issuing tribunal lacked personal jurisdiction consistent with Code Section 1911-110; (3) The order is not enforceable in the issuing country; (4) The order was obtained by fraud in connection with a matter of procedure; (5) A record transmitted in accordance with Code Section 19-11-184.1 lacks authenticity or integrity; (6) A proceeding between the same parties and having the same purpose is pending before a tribunal of Georgia and that proceeding was the first to be filed;

THURSDAY, MARCH 14, 2013

2801

(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this article in Georgia; (8) Payment, to the extent alleged arrears have been paid in whole or in part; (9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or (10) The order was made in violation of Code Section 19-11-184.6. (c) If a tribunal of Georgia does not recognize a convention support order under paragraph (2), (4), or (9) of subsection (b) of this Code section: (1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and (2) The Department of Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Code Section 19-11-183.
19-11-184.4. If a tribunal of Georgia does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
19-11-184.5. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, a tribunal of Georgia shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) A complete text of the foreign support agreement; and (2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (c) A tribunal of Georgia may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (d) In a contest of a foreign support agreement, a tribunal of Georgia may refuse recognition and enforcement of the agreement if it finds: (1) Recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) The agreement was obtained by fraud or falsification;

2802

JOURNAL OF THE HOUSE

(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in Georgia; or (4) The record submitted under subsection (b) of this Code section lacks authenticity or integrity. (e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
19-11-184.6. (a) A tribunal of Georgia may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of Georgia, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. (b) If a tribunal of Georgia does not modify a convention child support order because the order is not recognized in this state, subsection (c) of Code Section 19-11-184.3 applies.
19-11-184.7. Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
19-11-184.8. A record filed with a tribunal of Georgia under this part must be in the original language and, if not in English, must be accompanied by an English translation verified by the translator.
Part 8
19-11-185. (a) For purposes of this part, the term 'governor' includes an individual performing the functions of governor or the executive authority of a state covered by this article. (b) The Governor of this state may:
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

THURSDAY, MARCH 14, 2013

2803

(2) On the demand by of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
19-11-186. (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 90 days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail. (b) If, under this article or a law substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order.
Part 9
19-11-190. In applying and construing this article, consideration must be given to the need to promote uniformity of This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the its subject of the article matter among states enacting that enact it.
19-11-190.1. This article applies to proceedings begun on or after the effective date of this Code section to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.

2804

JOURNAL OF THE HOUSE

19-11-191. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger
Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby
Murphy Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

THURSDAY, MARCH 14, 2013

2805

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 Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 65 Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
Representative Dollar of the 45th District, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Cooperation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 206 Do Pass
Respectfully submitted, /s/ Dollar of the 45th
Chairman
Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

2806

JOURNAL OF THE HOUSE

SB 11 SB 194

Do Pass, by Substitute Do Pass

SB 156 SR 267

Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 70th
Chairman

Representative Battles of the 15th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 142 SB 143 SB 178

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Battles of the 15th
Chairman

The following Resolution of the House was read:

HR 738. 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 2013 regular session of the General Assembly for the period of Wednesday, March 20, 2013, through Thursday, March 28, 2013, shall be as follows:

Wednesday, March 20...............................................................in session for legislative day 35 Thursday, March 21 ..................................................................in session for legislative day 36 Friday, March 22 .......................................................................in session for legislative day 37 Saturday, March 23 through Sunday, March 24..................................................in adjournment Monday, March 25 ....................................................................in session for legislative day 38 Tuesday, March 26 ....................................................................in session for legislative day 39

THURSDAY, MARCH 14, 2013

2807

Wednesday, March 27 ......................................................................................... in adjournment Thursday, March 28 ..................................................................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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra
Marin Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T
Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 162, nays 1.

The Resolution was adopted.

2808

JOURNAL OF THE HOUSE

The Speaker ordered HR 738 immediately transmitted to the Senate.

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 532. By Representatives Powell of the 32nd, McCall of the 33rd, Gasaway of the 28th, Fleming of the 121st, Harbin of the 122nd and others:

A RESOLUTION requesting that the United States Army Corps of Engineers (USACE) utilize adaptive management techniques to control lake levels and river flows within the Savannah River Basin; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson
Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A

THURSDAY, MARCH 14, 2013

2809

Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Mabra Marin Martin
Y Maxwell Y Mayo

Setzler Y Sharper
Shaw Y Sheldon Y Sims, B

Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 160, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 218. By Representatives Sims of the 123rd, Benton of the 31st and Coleman of the 97th:

A RESOLUTION requesting that all local school superintendents recognize that learning the United States Constitution is a vital facet of primary education; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson
Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon

2810

JOURNAL OF THE HOUSE

E Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra
Marin Y Martin Y Maxwell Y Mayo

Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 160, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

SB 66.

By Senators Stone of the 23rd, McKoon of the 29th, Crosby of the 13th, Jackson of the 24th, Ligon, Jr. of the 3rd and others:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; 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 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; to change provisions relating to filing an answer or counterclaim in magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (5) of Code Section 15-6-8, relating to jurisdiction and powers of the superior courts, as follows:
"(5) To punish contempt by fines not exceeding $500.00 $1,000.00, and by imprisonment not exceeding 20 days, or both; and"

SECTION 2. Said title is further amended by revising paragraph (5) of subsection (a) of Code Section 15-7-4, relating to jurisdiction for state courts, as follows:

THURSDAY, MARCH 14, 2013

2811

"(5) The punishment of contempts contempt by fine fines not exceeding $500.00 or $1,000.00, by imprisonment not exceeding 20 days, or both; and"
SECTION 3. Said title is further amended by revising subsection (c) of Code Section 15-10-43, relating to statement of claim, service of process, answer to claim, default judgments, opening of default, and relief in magistrate court, as follows:
"(c) An answer to the claim must shall be filed with the court or orally presented to the judge or clerk of the court within 30 days after service of the statement of claim on the defendant to avoid a default. The answer shall be in concise form and free from technical requirements, but must shall admit or deny the claim of the plaintiff. The answer shall contain the address at which the defendant desires to receive the notice of hearing. If the answer is presented to the judge or clerk orally, the judge or clerk shall reduce the answer to writing. Verification of an answer shall not be required. A copy of the answer shall be forwarded to the plaintiff and defendant with the notice of hearing. If an answer is timely filed or presented, the court shall within ten days of filing or presentation of the answer notify the defendant and the plaintiff of the calling of a hearing on the claim. The notice shall include the date, hour, and location of the hearing, which date shall be not less than 15 nor more than 30 days after the date the notice is given. The notice shall be served on the plaintiff and the defendant by mail or personal service to the address given by the plaintiff at the time he or she files his or her claim and the address given by the defendant at the time he or she files or presents his or her answer. The date of mailing shall be the date the notice is given. The clerk shall enter a certificate of service."
SECTION 4. Said title is further amended by revising subsections (a) through (c) of Code Section 1510-45, relating to compulsory and permissive counterclaims, as follows:
"(a) If any defendant has a claim counterclaim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim, which claim counterclaim does not require for its adjudication the presence of third parties over whom the court cannot obtain jurisdiction, such claim must counterclaim shall be asserted by the defendant at or before the hearing on the plaintiff's claim or thereafter be barred. (b) If any defendant has a claim counterclaim against the plaintiff other than a compulsory counterclaim described in subsection (a) of this Code section, such claim counterclaim may be asserted by the defendant at or before the hearing on the plaintiff's claim. (c) If any defendant asserts a claim counterclaim against the plaintiff, the defendant shall file with the court a statement of the claim counterclaim in concise form and free from technicalities. The defendant's claim counterclaim shall give the plaintiff reasonable notice of the basis for each claim contained in the statement of claim counterclaim. The defendant shall sign and verify the statement of claim by oath or

2812

JOURNAL OF THE HOUSE

affirmation the counterclaim. At the request of a defendant, the judge or clerk may prepare the statement counterclaim. Verification of a counterclaim shall not be required."

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 Abrams N Alexander N Allison N Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague N Bell N Bennett Y Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick N Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson N Dollar Y Douglas Y Drenner Y Dudgeon N Dukes N Dunahoo Y Duncan Y Dutton N Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd N Fludd Y Frazier N Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene
Gregory

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett N Hawkins N Henson
Hightower Y Hill Y Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra N Marin N Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell E Morgan Y Morris N Mosby Y Murphy Y Neal Y Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake N Pezold Y Powell, A E Powell, J Y Pruett N Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts N Rogers, C N Rogers, T Y Rutledge Y Rynders N Scott N Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

N Sims, C N Smith, E N Smith, L N Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson
Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner N Taylor, D Y Taylor, T N Teasley N Thomas, A.M. E Thomas, B N Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 116, nays 49.

THURSDAY, MARCH 14, 2013

2813

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 410. By Representatives Glanton of the 75th, Roberts of the 155th, Williams of the 168th, Clark of the 101st, Dawkins-Haigler of the 91st and others:

A RESOLUTION requesting that the International Olympic Committee keep wrestling in the Olympic Games after the 2016 Olympics in Rio de Janeiro, Brazil; 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:

Abrams Alexander Y Allison Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Bell N Bennett Bentley Y Benton Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks N Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd
Fludd N Frazier
Frye Fullerton Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston N Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell E Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler
Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson
Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. E Thomas, B Y Turner
Waites Y Watson, B Y Watson, S Y Welch Y Weldon
Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

2814

JOURNAL OF THE HOUSE

On the adoption of the Resolution, the ayes were 135, nays 15.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 61. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change the short title; to provide for definitions; to change the due date for monthly rental payments; to provide procedures for sending notice of default; to provide for print or electronic publication of notice of public sale of property; to provide for limitations on an owner's liability; to provide for towing of motor vehicles and watercraft; to provide for delay in filing an owner's lien if an occupant is deployed overseas by the armed services; to exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change the short title; to provide for definitions; to change the due date for monthly rental payments; to provide procedures for sending notice of default; to provide for publication of notice of public sale of property; to provide for limitations on an owner's liability; to provide for towing of motor vehicles, trailers, and watercraft; to exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, is revised as follows:
"ARTICLE 5 10-4-210. This article shall be known and may be cited as the 'Georgia Self-service Storage Facility Act of 2013.'

THURSDAY, MARCH 14, 2013

2815

10-4-211. For purposes of this article, the term:
(1) 'E-mail' means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks. (1)(2) 'Last known address' means that the street address, post office box address, or e-mail address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or e-mail. (2)(3) 'Occupant' means a person, his or her sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (3)(4) 'Owner' means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement. (4)(5) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, and household items and furnishings. (5)(6) 'Rental agreement' means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility. (6)(7) 'Self-service storage facility' means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A selfservice storage facility is not a warehouse within the meaning of Article 1 of this chapter, known as the 'Georgia State Warehouse Act,' and the provisions of law relative to bonded public warehousemen shall not apply to the owner of a self-service storage facility. A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities. (8) 'Verified mail' means certified mail or statutory overnight delivery, return receipt requested.
10-4-212. The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article. The lien provided for in this Code section is superior to any other lien or security interest except those which are perfected and recorded prior to the date of the rental agreement in Georgia in the name of the occupant, either in the county of the occupant's

2816

JOURNAL OF THE HOUSE

last known address or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law and except any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the personal property is brought to the self-service storage facility.
10-4-213. Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. The owner Owner shall obtain from the occupant a written rental agreement which includes the following language:
This agreement, made and entered into this ______ day of ______________, ____, by and between ____________, hereinafter called Owner, and _______________, hereinafter called Occupant, whose last known address is _________________. For the consideration hereinafter stated, the Owner agrees to let the Occupant use and occupy a space in the self-service storage facility, known as ____________________, situated in the City of __________, County of ________, State of Georgia, and more particularly described as follows: Building #______, Space #_____, Size ________. Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of _______, beginning on the ______ day of ______________, ____, and continuing month to month until terminated. 'Space,' as used in this agreement, will be that part of the self-service storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and improvements thereon, the monthly sum of $________. Monthly installments are payable in advance on or before the first of each month, in the amount of $________, and a like amount for each month thereafter, until the termination of this agreement. If any monthly installment is not paid by the tenth seventh calendar day of the month due, or if any check given in payment is dishonored by the financial institution on which it is drawn, Occupant shall be deemed to be in default. Occupant further agrees to pay the sum of one month's fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broomswept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund. The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The Occupant agrees that the property will not be used for any unlawful purposes and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and to keep the space in good condition during the term of this agreement.

THURSDAY, MARCH 14, 2013

2817

OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN ADDITION, UPON OCCUPANT'S DEFAULT, OWNER MAY WITHOUT NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH SEVENTH CALENDAR DAY OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED BY THE FINANCIAL INSTITUTION ON WHICH IT IS DRAWN, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. I hereby agree that all notices other than bills and invoices shall be given by hand delivery, verified mail, or e-mail at the following addresses: ________________________________________________________ (hand delivery) _________________________________________________________ (verified mail) _____________________________________________________________ (e-mail). For purposes of Owner's lien: 'personal property' means movable property, not affixed to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, household items, and furnishings; 'last known address' means that the street address or post office box address provided by the occupant Occupant in the latest rental agreement or the address provided by the occupant Occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or email. The Owner's lien is superior to any other lien or security interest, except those which are evidenced by a certificate of title or perfected and recorded prior to the date of this rental agreement in Georgia, in the name of the Occupant, either in the county of the Occupant's 'last known address' or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom the Owner has knowledge through the Occupant's disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in his Occupant's space(s) is free and clear of all liens and secured interests except for ____________. The Owner's lien attaches as of the date the personal property is brought to the self-service storage facility. Except as otherwise specifically provided in this rental agreement, the exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in the Occupant. The Owner does not become a bailee of the Occupant's personal property by the enforcement of the Owner's lien.

2818

JOURNAL OF THE HOUSE

If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure:
The Occupant shall be notified in writing by delivery in person or by certified mail or statutory overnight delivery to the last known address of Occupant of Owner's intent to enforce Owner's lien by written notice delivered in person, by verified mail, or by e-mail. The Owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. A Such notice given pursuant to this rental agreement shall be presumed delivered as of the date indicated on the proof of delivery or, if there is no proof of delivery, on the fourteenth day after sending as shown by sent when it is deposited with the United States Postal Service or the statutory overnight delivery service properly addressed with postage or delivery fees prepaid or sent by e-mail. If Owner sends notice of a pending sale of property to Occupant's last known e-mail address and does not receive a nonautomated response or a receipt of delivery to the e-mail address, Owner shall send notice of the sale to Occupant by verified mail to Occupant's last known address before proceeding with the sale. Owner's notice to Occupant shall include an itemized statement of the Owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person(s) notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owner's notice shall notify Occupant of denial of access to the personal property and provide the name, street address, e-mail address, and telephone number of the Owner or its designated agent, whom the Occupant may contact to respond to this notice. Owner's notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located the legal organ for the county where the self-service storage facility is located. The sale shall be deemed commercially reasonable if at least three (3) independent bidders attend the sale at the time and place advertised. 'Independent bidder' means a bidder who is not related to and who has no controlling interest in, or common pecuniary interest with, Owner or any other bidder. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; and the time, place, and manner of the public sale. The public sale to

THURSDAY, MARCH 14, 2013

2819

the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located. Regardless of whether a sale involves the property of more than one Occupant, a single advertisement may be used to advertise the disposal of property at the sale. A public sale includes offering the property on a publicly accessible website that regularly conducts online auctions of personal property. Such sale shall be considered incidental to the selfstorage business and no license shall be required. If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his or her lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the 'Disposition of Unclaimed Property Act.' In no event shall the Owner's liability exceed the proceeds of the sale. If the rental agreement contains a limit on the value of property stored in Occupant's storage space, the limit shall be deemed to be the maximum value of the property stored in that space. If the property upon which the lien is claimed is a motor vehicle, trailer, or watercraft and rent and other charges related to the property remain unpaid or unsatisfied for 60 days following the maturity of the obligation to pay rent, Owner may have the property towed in lieu of foreclosing on the lien. If a motor vehicle, trailer, or watercraft is towed as authorized in this section, Owner shall not be liable for the motor vehicle, trailer, or watercraft or any damages to the motor vehicle, trailer, or watercraft once the tower takes possession of the property.
10-4-214. Nothing in this article shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of

2820

JOURNAL OF THE HOUSE

the rental agreement. The rights provided by this article shall be in addition to all other rights allowed by law to a creditor against his or her debtor.
10-4-215. All rental agreements entered into before July 1, 1982 2013, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state."
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.
Pursuant to Rule 133, Representative Cheokas of the 138th was excused from voting on SB 61.
The following amendments were read and adopted:
Representatives Holcomb of the 81st, Williams of the 168th, and Lindsey of the 54th move to amend the Committee substitute to SB 61 as follows:
On line 217, insert If the rental agreement is with a service member, the owner shall comply with all terms of the Servicemembers Civil Relief Act, 50 U.S.C. 501 et seq.
Representatives Williams of the 168th and Lindsey of the 54th move to amend the Committee substitute to SB 61 as follows:
Insert at line 118 the following:
"and I further understand that I may designate to owner an agent to receive such notice by providing: ___________________ (hand delivery) ___________________ (verified mail) ___________________ (e mail)
Insert at line 153 after "address" the following: "or to the last known address of the designated agent of the occupant."
Representative Jacobs of the 80th moves to amend the Committee substitute to SB 61 as follows:

THURSDAY, MARCH 14, 2013

2821

On line 47, delete the word "or" and replace it with:

", registered mail,"

On lines 47 and 48, delete the words "return receipt requested." and replace them with:

"or other method of mailing or delivery in which the post office or delivery service furnishes proof that the parcel was sent."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman
Cheokas Y Clark, J Y Clark, V

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold N Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw

Y Sims, C Y Smith, E
Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson

2822

JOURNAL OF THE HOUSE

Y Coleman Y Cooke

Y Greene E Gregory

Y Maxwell Y Mayo

Y Sheldon Y Sims, B

Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate action thereon:

HB 202. By Representatives Epps of the 144th, Roberts of the 155th and Shaw of the 176th:

A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising subsection (d) of Code Section 32-2-41.2, relating to the development of benchmarks, reports, and value engineering studies by the Department of Transportation, to read as follows:
"(d) Value engineering studies shall be performed on all projects whose costs exceed $10 $50 million, except for any project procured in accordance with Code Sections 322-79, 32-2-80, and 32-2-81, and the director shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and

THURSDAY, MARCH 14, 2013

2823

the chairpersons of the House and Senate Transportation Committees detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department."

SECTION 2. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 32-5-30, relating to the allocation of state and federal funds, budgeting periods, and reduction of funds, to read as follows:
"(a)(1) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any federal funds specifically designated for projects that have been earmarked by a member of Congress in excess of appropriated funds, shall be budgeted by the department over two successive budgeting periods every decade. However, such budgeting shall not include:
(A) Any federal funds specifically designated for projects that have been earmarked by a member of Congress in excess of appropriated funds; (B) Any funds for a project undertaken for purposes of providing for the planning, surveying, constructing, paving, and improving of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state; or (C) Any funds for a project undertaken for purposes of providing for the planning, surveying, constructing, paving, and improving of any part of the state designated freight corridor, when such designation is made by the director of planning with approval from a majority of the board."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Roberts of the 155th moved that the House agree to the Senate substitute to HB 202.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson E Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton

2824

JOURNAL OF THE HOUSE

Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton
Golick Y Gordon Y Gravley
Greene E Gregory

Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 160, nays 1.

The motion prevailed.

HB 101. By Representatives Epps of the 144th, McCall of the 33rd, Jasperse of the 11th, Holmes of the 129th, Harden of the 148th and others:

A BILL to be entitled an Act to amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Code Section 26-2-391 of the Official Code of Georgia Annotated, relating to permits for nonprofit food sales and food service at events, so as to allow counties or municipalities to delegate permitting authority to the local board of health; 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 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Article 14 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to

THURSDAY, MARCH 14, 2013

2825

nonprofit food sales and food service, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to provide for protection for property owners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, is amended as follows:
"26-2-370. As used in this article, the term:
(1) 'Food nutrition information' means the content of food including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content. (2) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. This term shall not include a 'food sales establishment,' as defined in Code Section 26-2-21, except as stated in this definition. The food service component of any food sales establishment defined in Code Section 26-2-21 shall not be included in this definition. This term shall not include any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival an event which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; (B)(C) Lasts 120 hours or less; and (C)(D) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted.

2826

JOURNAL OF THE HOUSE

(3) 'Person' or 'persons' means any individual, firm, partnership, corporation, trustee, or association, or combination thereof."

SECTION 2. Article 14 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to nonprofit food sales and food service, is amended by revising Code Section 26-2-391, relating to permits for nonprofit food sales and food service at events, as follows:
"26-2-391. A county or municipality shall be authorized to issue permits for the operation of nonprofit food sales and food service at events sponsored by the county, municipality, or an organization; provided, however, that the county or municipality may delegate the authority to issue such permits to the county board of health. For any permit issued pursuant to this Code section to be valid, the event must be held on property belonging to the sponsoring county, municipality, or organization or on the property of a party that has provided written consent for use of such property for such event. A permit shall be valid for a period of 120 hours or less and another permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit. No fees shall be charged to an organization for the issuance of any such permit by a county or municipality."

SECTION 3. Said article is further amended in Code Section 26-2-393, relating to enforcement of nonprofit food sales and food service provisions, by revising subsection (a) as follows:
"(a) The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article; provided, however, no adverse action against an organization may be taken by a county or municipality or any agent of a county or municipality, including a denial of a permit or revocation of a permit, or citation for violation of this article, without the written approval of such action by the district health director and any party whose property is used for the operation of a nonprofit food sales or food service event without such party's written authorization may seek legal and equitable remedies including, but not limited to, damages and injunctive relief against unauthorized users."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Epps of the 144th moved that the House agree to the Senate substitute to HB 101.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison

Y Coomer Y Cooper Y Dawkins-Haigler

Y Hamilton Y Harbin Y Harden

Y McCall Y Meadows E Mitchell

Y Sims, C Y Smith, E Y Smith, L

THURSDAY, MARCH 14, 2013

2827

Y Anderson E Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Gregory

Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 162, nays 1.

The motion prevailed.

HB 198. By Representatives Smith of the 134th, Meadows of the 5th, Maxwell of the 17th, Shaw of the 176th, Abrams of the 89th 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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

2828

JOURNAL OF THE HOUSE

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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new article to read as follows:
"ARTICLE 3
33-23-200. The General Assembly finds that the provisions of the federal Patient Protection and Affordable Care Act may cause the formation of health insurance exchanges operating in Georgia under federal law and employing navigators or navigator entities whose role will be to direct individuals and companies to health insurance policies. The General Assembly further finds that licensing and regulation of such navigators or navigator entities to ensure that they are trained and knowledgeable in the subject matter of individual and group health insurance plans and insurance coverage is necessary to avoid substantial risk to the health, safety, and welfare of the residents of this state.
33-23-201. As used in this article, the term:
(1) 'Exchange' means a state, federal, or partnership exchange or marketplace operating in Georgia pursuant to Section 1311 of the federal act. (2) 'Federal act' means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and regulations or guidance issued under those acts. (3) 'Navigator' means an individual, including assistors, application counselors, or other persons, authorized pursuant to the federal act to provide insurance advice and guidance to uninsured individuals and groups seeking health insurance coverage. For the purposes of this article, if an organization or business entity serves as a navigator, an individual performing navigator duties for that organization or business entity shall be considered to be acting in the capacity of a navigator.

THURSDAY, MARCH 14, 2013

2829

(4) 'Patient navigator' means an individual who offers assistance to patients, families, and caregivers to help overcome health care system barriers and to facilitate timely access to quality medical and psychosocial care as defined by the health care community he or she serves.
33-23-202. (a) No navigator shall provide advice, guidance, or other assistance with regard to health benefit plans as a navigator under the provisions of the federal act unless licensed in accordance with this article. (b) The Commissioner shall not issue a license to any applicant who does not meet or conform to the following qualifications or requirements:
(1) The applicant shall establish to the satisfaction of the Commissioner that he or she has the background, experience, knowledge, and competency in the subject matter that will enable him or her to deliver accurate information and advice to individuals and groups in this state seeking to obtain health insurance coverage under the provisions of the federal act; (2) The applicant shall have successfully completed not less than 35 hours of instruction in health benefit insurance, the exchange provisions of the federal act, the medical assistance program provided for by Article 7 of Chapter 4 of Title 49, and the PeachCare for Kids Program provided for by Article 13 of Chapter 5 of Title 49 satisfactory to the Commissioner through a training program approved by the Commissioner; (3) The applicant shall pass such examination as shall be required by the Commissioner unless such applicant is exempted by the Commissioner based on the applicant's experience and qualifications and pursuant to regulations adopted by the Commissioner; (4) An applicant shall be not less than 18 years of age and of good moral character and must submit in a form approved by the Commissioner such information, including without limitation criminal history and regulatory background information, as the Commissioner may require; and (5) An applicant for a renewal license shall have completed continuing education classes approved by the Commissioner.
33-23-203. (a) Violation of any provision of this title or the federal act, including any act or omission that would be a ground for denial, suspension, or revocation of the license of an agent as defined in Article 1 of this chapter, shall be a ground for denial, suspension, or revocation of a license under this article. (b) No navigators shall solicit any person or business that is currently insured under an existing health benefit plan. (c) No navigator shall receive any commission, compensation, or anything of value from any insurer, health benefit plan, business, or consumer for providing advice or services specifically authorized to be provided as a navigator pursuant to the provisions

2830

JOURNAL OF THE HOUSE

of the federal act. Navigators shall be compensated for advice or services rendered pursuant to the provisions of the federal act only as provided for by the federal act. (d) Navigators shall provide factually accurate information to uninsured persons and businesses regarding the availability of premium tax credits under Section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under Section 1402 of the federal act. (e) Notwithstanding any other provision of law, licensing as a navigator pursuant to the provisions of this article shall not constitute licensing as an agent or administrator as defined in Articles 1 and 2 of this chapter. No person providing advice or services as a navigator under the provisions of the federal act shall be compensated for such advice or services as the holder of a license issued pursuant to Article 1 or 2 of this chapter; provided, however, that the provisions of this subsection shall not prohibit the holder of a license issued pursuant to such articles from being compensated for advice or services rendered as such a licensee and not as a navigator. Navigators licensed pursuant to the provisions of this article shall not, except as specifically authorized by the provisions of the federal act:
(1) Engage in any activities that would require licensing pursuant to the provisions of Article 1 or 2 of this chapter unless licensed thereunder; (2) Provide advice concerning the benefits, terms, and features of a particular health benefit plan or offer advice about which health benefit plan is better or worse for a particular individual or business, except in the capacity of a licensee pursuant to the provisions of Article 1 or 2 of this chapter; or (3) Recommend a particular health benefit plan or advise individuals or businesses about which health benefit plan to choose, except in the capacity of a licensee pursuant to the provisions of Article 1 or 2 of this chapter.
33-23-204. The Commissioner shall be authorized to adopt rules and regulations to effect the implementation of this article.
33-23-205. The provisions of this article shall not apply to patient navigators as defined in paragraph (4) of Code Section 33-23-201."
SECTION 2. The provisions of this Act shall become applicable only upon the notification by the federal Department of Health and Human Services or other responsible federal agency or official to the Governor, the Commissioner of Insurance, or other responsible agency or official of the State of Georgia that a health insurance exchange has been created or approved to operate within the State of Georgia pursuant to the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and

THURSDAY, MARCH 14, 2013

2831

any amendments thereto, or regulations or guidance issued under those acts, or upon the initiation of operation of any such exchange within the State of Georgia.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 134th 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:

Y Abrams Y Alexander N Allison N Anderson E Atwood Y Ballinger N Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly
Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes N Dunahoo N Duncan N Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner N Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson N Hightower N Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell E Morgan Y Morris N Mosby Y Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake N Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T Y Rutledge
Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B N Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 136, nays 24.

The motion prevailed.

2832

JOURNAL OF THE HOUSE

HB 254. By Representatives Williamson of the 115th, Shaw of the 176th, Rice of the 95th, Harbin of the 122nd, Teasley of the 37th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, is amended by revising Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles, as follows:
"40-6-10. (a)(1) As used in this Code section, the term 'mobile electronic device' means a portable computing and communication device that has a display screen with touch input or a miniature keyboard. (1.1) Upon the request of the insured, an insurer may issue a verification as to the existence of minimum motor vehicle liability insurance coverage as required under Chapter 34 of Title 33 in an electronic format to a mobile electronic device to the extent available. This paragraph shall not require an insurer to provide such verification of coverage in real time. (1.2) The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof

THURSDAY, MARCH 14, 2013

2833

or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. The proof or evidence of required minimum insurance coverage required by this subsection may be produced in either paper or electronic format. Acceptable electronic formats include a display of electronic images on a mobile electronic device. (2) The following shall be acceptable proof of insurance on a temporary basis:
(A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the vehicle within the past 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle within the past 30 days. (2.1) If the vehicle is insured under a fleet policy as defined in Code Section 40-2137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) The requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle or produced in electronic format shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Revenue indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a

2834

JOURNAL OF THE HOUSE

misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the driver's license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department, and the driver's license of such person shall not be suspended.
(8)(A) For purposes of this Code section, a valid insurance card or verification in electronic format on a mobile electronic device shall be sufficient proof of insurance only for any vehicle covered under a fleet policy as defined in Code Section 40-2137. The insurance card or verification in electronic format on a mobile electronic device for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-2-137 presents a valid insurance card or verification in electronic format on a mobile electronic device for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card or verification in electronic format on a mobile electronic device as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement agency or political subdivision shall be liable for and limited to the fees of the wrongful impoundment or towing of the vehicle, which in no way waives or diminishes any sovereign immunity of such governmental entity. If a person displays verification in electronic format on a mobile electronic device pursuant to this subparagraph, such person shall not be deemed as consenting to law enforcement to access other contents of such mobile electronic device. (B) For any vehicle covered under a policy of motor vehicle liability insurance that is not a fleet policy as defined in Code Section 40-2-137, the insurer shall issue a policy information card which shall contain, or may make available in an electronic format on a mobile electronic device, at least the name of the insurer, policy

THURSDAY, MARCH 14, 2013

2835

number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information card or policy information in an electronic format on a mobile electronic device shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. If a person displays policy information in an electronic format on a mobile electronic device pursuant to this subparagraph, such person shall not be deemed as consenting to law enforcement to access other contents of such mobile electronic device. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Except for vehicles insured under a fleet policy as defined in Code Section 40-2137 or under a plan of self-insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-9-924 for the purposes of this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Williamson of the 115th moved that the House agree to the Senate substitute to HB 254.
On the motion, the roll call was ordered and the vote was as follows:

2836

JOURNAL OF THE HOUSE

Y Abrams Y Alexander Y Allison Y Anderson E Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce E Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene E Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish E Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L
Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. E Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 160, nays 1.

The motion prevailed.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 78.

By Representatives Thomas of the 56th, Jones of the 53rd, Brooks of the 55th and Hugley of the 136th:

A RESOLUTION recognizing and commending Charlie L. Smith, Jr., and inviting him to be recognized by the House of Representatives; and for other purposes.

THURSDAY, MARCH 14, 2013

2837

HR 490. By Representatives Rogers of the 29th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION congratulating the Gainesville High School Red Elephants football team on their 2012 Class AAAAA State Championship win and inviting them and the Gainesville High School football team coaches, cheerleading team, and administration to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 742. By Representatives Morgan of the 39th, Randall of the 142nd and Bennett of the 94th:
A RESOLUTION recognizing Alpha Kappa Alpha Sorority, Kappa Omega Chapter, during the month of March; and for other purposes.
HR 743. By Representative Marin of the 96th:
A RESOLUTION recognizing and commending the Hispanic National Bar Association; and for other purposes.
HR 744. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Amy Hou; and for other purposes.
HR 745. By Representatives Wilkinson of the 52nd, Abrams of the 89th, Smyre of the 135th, Brooks of the 55th, O`Neal of the 146th and others:
A RESOLUTION congratulating Mr. Ira Spradlin on the occasion of his retirement; and for other purposes.
HR 746. By Representatives Lindsey of the 54th, Sheldon of the 104th, England of the 116th, Abrams of the 89th, Hugley of the 136th and others:
A RESOLUTION commending the March of Dimes and recognizing March 13, 2013, as March of Dimes Day at the state capitol; and for other purposes.
HR 747. By Representative Holcomb of the 81st:
A RESOLUTION congratulating Father James Schillinger on being named a Monsignor by Pope Benedict XVI; and for other purposes.

2838

JOURNAL OF THE HOUSE

HR 748. By Representative Epps of the 144th:
A RESOLUTION recognizing and commending the Wilkinson High School boys basketball team on their 2013 GHSA Class A State Championship win; and for other purposes.
HR 749. By Representatives Fludd of the 64th, Beasley-Teague of the 65th and Jones of the 53rd:
A RESOLUTION recognizing and commending the United Automobile, Aerospace, and Agricultural Implement Workers of America Region 8 for its outstanding contributions; and for other purposes.
HR 750. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Yates of the 73rd, Coomer of the 14th and others:
A RESOLUTION recognizing and commending Change 4 Georgia and Remington Youngblood; and for other purposes.
HR 751. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Michael Andrew "Drew" Wilson II; and for other purposes.
HR 752. By Representatives Rogers of the 29th, Holmes of the 129th, Hawkins of the 27th, Dunahoo of the 30th and Barr of the 103rd:
A RESOLUTION honoring the life and memory of Thomas Durward Pennington, Jr.; and for other purposes.
HR 753. By Representative Powell of the 32nd:
A RESOLUTION honoring the life and memory of Mr. George M. Rooks, Jr.; and for other purposes.
HR 754. By Representatives Williams of the 168th, Bell of the 58th and Jackson of the 128th:
A RESOLUTION recognizing and commending Leslie Jordan; and for other purposes.

THURSDAY, MARCH 14, 2013

2839

Representative Rogers of the 29th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

Your Committee on Higher Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 82 SB 155

Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ Rogers of the 29th
Chairman

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 644 SB 113 SB 168 SB 185

Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute

SB 1 SB 158 SB 179

Do Pass Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 51st
Chairman

Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, A.M. Wednesday, March 20, 2013.

The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M. Wednesday, March 20, 2013.

2840

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Wednesday, March 20, 2013

Thirty-Fifth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

E Abrams Alexander Allison Atwood Ballinger Barr Battles
E Beasley-Teague Bennett
E Bentley Benton Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Channell Chapman Cheokas
E Clark, J Clark, V Coleman

Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon E Dukes Dunahoo Duncan Dutton Ehrhart England Epps, C Epps, J Evans Fleming Fludd E Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harden Harrell Hatchett Hawkins E Henson Hightower E Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson Jasperse Jones, J Jones, L E Jones, S Kaiser Kelley Kendrick Kidd Kirby Lindsey Lumsden Mabra Marin

Martin Maxwell E Mayo McCall Meadows Mitchell E Morgan Mosby Neal Nix O'Neal Pak Parrish E Parsons Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper

Shaw E Sheldon
Sims, B Smith, E Smith, L Smith, M Spencer Stephens, M Stephens, R E Stephenson Stover Strickland Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Wilkinson Willard Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 92nd, Bell of the 58th, Beverly of the 143rd, Dollar of the 45th, Floyd of the 99th, Frazier of the 126th, Fullerton of the 153rd, Jordan of the 77th, Knight of the 130th, Morris of the 156th, Murphy of the 127th, Oliver of the 82nd,

WEDNESDAY, MARCH 20, 2013

2841

Sims of the 169th, Smith of the 134th, Smyre of the 135th, Stovall of the 74th, Talton of the 147th, and Williams of the 168th.
They wished to be recorded as present.
Prayer was offered by Pastor Bill Barber, First Baptist Church of Thomaston, Thomaston, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 608. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to expand criminal background check requirements for applicants for employment by certain facilities licensed by the Department of Community Health; to revise provisions relating to criminal background checks for directors and employees of

2842

JOURNAL OF THE HOUSE

personal care homes and employees of nursing homes; to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Crime Information Center, so as to authorize the retaining of certain fingerprint records for continuous monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 609. By Representatives Rogers of the 10th and Gasaway of the 28th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Demorest," approved May 5, 2006 (Ga. L. 2006, p. 4301), as amended, so as to provide that the corporate limits of such city shall include certain property; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 610. By Representatives Williamson of the 115th, Brockway of the 102nd, Shaw of the 176th and Hugley of the 136th:
A BILL to be entitled an Act to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to provide for the licensing and regulation of public adjusters; to provide for definitions; to provide for written contracts; to provide for standard of conduct; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 611. By Representatives Hugley of the 136th and Randall of the 142nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relating to health, so as to require certain notice in a mammogram report to patients with dense breast tissue; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

WEDNESDAY, MARCH 20, 2013

2843

HB 612. By Representative Chapman of the 167th:
A BILL to be entitled an Act to amend an Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. L. 1963, p. 2826), as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 2928), an Act approved April 9, 1981 (Ga. L. 1981, p. 4335), an Act approved March 14, 1983 (Ga. L. 1983, p. 4057), which Act was enacted pursuant to an amendment to the Constitution set out at Ga. L. 1962, p. 810, and an Act approved March 31, 1987 (Ga. L. 1987, p. 5391), so as to change the method of appointing the membership; to change the number of members; to amend the term of office of such membership; to provide for certain limitations on serving; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 613. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Mosby of the 83rd, Dawkins-Haigler of the 91st and others:
A BILL to be entitled an Act to authorize the governing authority of DeKalb County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 614. By Representatives Jacobs of the 80th, Holcomb of the 81st, Oliver of the 82nd, Taylor of the 79th, Mayo of the 84th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), so as to provide a definition for the governing authority of the City of Brookhaven; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for cooperation of the district with the City of Brookhaven; to provide for powers of the district board; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

2844

JOURNAL OF THE HOUSE

HB 615. By Representatives Alexander of the 66th, Bruce of the 61st, Jones of the 62nd and Beasley-Teague of the 65th:
A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Douglas County, approved May 13, 2008 (Ga. L. 2008, p. 3880), so as to provide for composition of the board and the selection and appointment of members; 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 616. By Representative Morris of the 156th:
A BILL to be entitled an Act to provide a new charter for the City of Lyons to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 617. By Representative Marin of the 96th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified citizenship expenses for low-income families; to provide for definitions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 618. By Representatives Drenner of the 85th and Turner of the 21st:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide for a short title; to provide for effect on certain causes of action; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 20, 2013

2845

Referred to the Committee on Agriculture & Consumer Affairs.
HB 619. By Representatives Oliver of the 82nd, Holcomb of the 81st, Jacobs of the 80th, Taylor of the 79th, Drenner of the 85th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 620. By Representative Rice of the 95th:
A BILL to be entitled an Act to authorize the City of Peachtree Corners to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for related matters; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 621. By Representative Powell of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of certain programs' curriculums; to provide for certificates of completion; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 622. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the

2846

JOURNAL OF THE HOUSE

compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 739. By Representatives Jasperse of the 11th, Meadows of the 5th and Dickson of the 6th:
A RESOLUTION dedicating the Pathway to the Smokies; and for other purposes.
Referred to the Committee on Transportation.
HR 740. By Representatives Dollar of the 45th, Stephens of the 164th, Teasley of the 37th and Drenner of the 85th:
A RESOLUTION creating the House Study Committee on the Economic Impact of Expanding the Renewable Energy Market in Georgia; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HR 741. By Representatives Marin of the 96th, Abrams of the 89th, Hugley of the 136th, Brooks of the 55th and Dawkins-Haigler of the 91st:
A RESOLUTION requesting the support of the Supreme Court of the United States to affirm the clear constitutionality of Section 5 of the federal Voting Rights Act of 1965; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 623. By Representative Benton of the 31st:
A BILL to be entitled an Act to create the City of Commerce Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes

WEDNESDAY, MARCH 20, 2013

2847

Referred to the Committee on Intragovernmental Coordination - Local.
HB 624. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act creating the Dawson-Terrell County Airport Authority, approved April 4, 1997 (Ga. L. 1997, p. 3696), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3958), so as to change the membership; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 625. By Representatives Hitchens of the 161st and Burns of the 159th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005 (Ga. L. 2005, p. 3547), so as to provide that the corporate limits of such town shall include certain property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 626. By Representative Channell of the 120th:
A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to split the position of secretary-treasurer into two separate positions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 627. By Representatives Jones of the 47th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to change a certain provision relating to the dissolution of the district; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

2848

JOURNAL OF THE HOUSE

HB 628. By Representatives Neal of the 2nd, Deffenbaugh of the 1st and Weldon of the 3rd:
A BILL to be entitled an Act to amend an Act to change the method of filling vacancies on the board of the hospital authority of Walker, Dade, and Catoosa counties, approved April 12, 1982 (Ga. L. 1982, p. 4531), so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 629. By Representatives Gregory of the 34th and Wilkerson of the 38th:
A BILL to be entitled an Act to provide a new charter for the City of Kennesaw; to provide for reincorporation; to provide for an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 630. By Representative Kelley of the 16th:
A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652), so as to provide for districts; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 631. By Representative Kelley of the 16th:
A BILL to be entitled an Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3949), so as to change certain provisions relating to the appointment, taking of office, and terms of office of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 632. By Representatives Dukes of the 154th and Greene of the 151st:
A BILL to be entitled an Act to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County

WEDNESDAY, MARCH 20, 2013

2849

and the City of Albany, approved March 18, 1986 (Ga. L. 1986, p. 3831), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4234), so as to provide for the appointment of members; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 633. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Bruce of the 61st, Evans of the 42nd, Smith of the 41st and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to change the description of the wards; to provide 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 634. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Bruce of the 61st, Smith of the 41st, Evans of the 42nd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide for city council terms and qualifications for office; to provide for election of the city council and mayor; to provide for the powers and duties of the city manager; to provide for the qualifications of the municipal court judges; to provide for a code of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 635. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act to provide for the membership of the Dodge County-Eastman Development Authority, approved May 1, 2012 (Ga. L. 2012, p. 4970), so as to change the membership and terms of office of the Dodge County-Eastman Development Authority; to provide for the transfer of the powers, duties, assets, property, liabilities, and indebtedness of the Heart of Georgia Regional Airport Authority to the Dodge County-Eastman Development Authority; to provided a statement of

2850

JOURNAL OF THE HOUSE

authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 636. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act to create the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, so as to abolish the authority; to transfer all powers, powers, duties, assets, property, liabilities, and indebtedness of the authority to the Dodge County-Eastman Development Authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 637. By Representative Cheokas of the 138th:
A BILL to be entitled an Act to amend Code Sections 15-9-60 and 15-10-80 of the Official Code of Georgia Annotated, relating to costs for probate courts and filing fee, service of process costs, writ of fieri facias fee, and costs taxed to the losing party, respectively, so as to authorize the provision of fees by local law adopted by the General Assembly in matters before the probate and magistrate courts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 638. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Parsons of the 44th, Wilkerson of the 38th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3730), so as to provide for a supplement to be paid to each of the judges of the superior court of such circuit and an additional supplement for the chief judge of such circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

WEDNESDAY, MARCH 20, 2013

2851

HB 639. By Representatives Mitchell of the 88th, Williams of the 87th, Anderson of the 92nd, Jacobs of the 80th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), and an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 640. By Representative Dutton of the 157th:
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 28, 1985 (Ga. L. 1985, p. 4756), so as to change the description of the wards; to provide 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 641. By Representatives Parsons of the 44th, Cooper of the 43rd, Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd and others:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

2852

JOURNAL OF THE HOUSE

HB 642. By Representatives Jacobs of the 80th, Holcomb of the 81st and Oliver of the 82nd:

A BILL to be entitled an Act to amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 755. By Representatives Geisinger of the 48th, Riley of the 50th, Stephens of the 164th, McCall of the 33rd, Morris of the 156th and others:

A RESOLUTION creating the House Study Committee on the Equine Industry; and for other purposes.

Referred to the Committee on Regulated Industries.

By unanimous consent, the following Bills of the House were read the second time:

HB 603 HB 605 HB 607

HB 604 HB 606

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 568 HB 572 HB 583 HB 585 HB 587 HB 592 HB 600

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 571 HB 577 HB 584 HB 586 HB 588 HB 597 HB 602

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

WEDNESDAY, MARCH 20, 2013

2853

Respectfully submitted, /s/ Sims of the 169th
Chairman

Representative Powell of the 32nd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 23 SB 101

Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 32nd
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 488 HR 636 HR 722

Do Pass Do Pass Do Pass

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 20, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

2854

JOURNAL OF THE HOUSE

Modified Open Rule

HR 529 SB 120 SB 212

House Georgia Music Industry Study Committee; create (ED&T-Harbin122nd) Probate Courts; provide for prosecuting attorneys in counties where there is not state court (Substitute)(Judy-Fleming-121st) Crosby-13th Education; require schools to provide training in cardiopulmonary resuscitation (Ed-Deffenbaugh-1st) Mullis-53rd

Modified Structured Rule

SB 136

"Kyle Glover Boat Education Law" and "Jake and Griffin BUI Law"; provide for greater public protection for hunting and boating (Substitute)(GF&P-Nimmer-178th) Miller-49th

Structured Rule

None

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Meadows of the 5th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 568. By Representative Rynders of the 152nd:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), so as to change the description of the council districts for the election of members of the city council to be consistent with the United States decennial census of 2010 for the State of Georgia; 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 571. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th and Randall of the 142nd:

WEDNESDAY, MARCH 20, 2013

2855

A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in 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 572. By Representative Harden of the 148th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to 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 for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 577. By Representative Harden of the 148th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2856

JOURNAL OF THE HOUSE

HB 583. By Representatives Knight of the 130th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the Municipal Court of the City of Griffin to charge a technology fee for each civil case 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 584. By Representatives Rogers of the 10th, Hawkins of the 27th and Allison of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Cleveland; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 585. By Representative Jackson of the 128th:
A BILL to be entitled an Act to provide a new charter for the City of Davisboro; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for definitions and construction; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 586. By Representatives Black of the 174th and Spencer of the 180th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Kingsland; to provide for a short title; to provide for the purposes of such districts; to provide for

WEDNESDAY, MARCH 20, 2013

2857

definitions; to provide for severability; 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 587. By Representative Bentley of the 139th:
A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended, so as to provide for compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 588. By Representatives Parsons of the 44th, Ehrhart of the 36th, Golick of the 40th, Evans of the 42nd, Morgan of the 39th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy sheriff, the assistant chief deputy, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 592. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the compensation of the judge and solicitor-general of the state court; 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.

2858

JOURNAL OF THE HOUSE

HB 597. By Representative Pruett of the 149th:

A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for preclearance; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 600. By Representatives Powell of the 171st and Taylor of the 173rd:

A BILL to be entitled an Act to create the City of Bainbridge Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 602. By Representatives Cheokas of the 138th and Rynders of the 152nd:

A BILL to be entitled an Act to create the Americus-Sumter County Land Bank Authority; to provide for its membership, terms of office, powers, duties, and authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

E Abrams Y Alexander Y Allison Y Anderson Y Atwood

Y Coomer Cooper
E Dawkins-Haigler Y Deffenbaugh Y Dempsey

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett

Y McCall Meadows
Y Mitchell E Morgan
Morris

Sims, C Y Smith, E Y Smith, L Y Smith, M
Smith, R

WEDNESDAY, MARCH 20, 2013

2859

Y Ballinger Y Barr Y Battles E Beasley-Teague
Bell Y Bennett E Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V E Coleman Y Cooke

Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner E Dudgeon E Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd
Fludd Y Frazier E Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hawkins E Henson Y Hightower E Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E Mayo

Y Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak
Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett
Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler Y Sharper Y Shaw E Sheldon Y Sims, B

Y Smyre Y Spencer Y Stephens, M
Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 144, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

SB 249. By Senator Beach of the 21st:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide for the election of councilmembers from wards; to

2860

JOURNAL OF THE HOUSE

provide that such officers shall be elected by plurality vote of the electors of the city at large; 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.
HB 124. By Representatives Harrell of the 106th, Taylor of the 79th, Powell of the 32nd, Fludd of the 64th, Cooke of the 18th and others:
A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that an election in which the votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 479. By Representatives Dudgeon of the 25th, Hamilton of the 24th, Tanner of the 9th, Duncan of the 26th and Hill of the 22nd:
A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3783), so as to change the compensation of the chairperson and members of the board; to remove compensation for per diem expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 505. By Representatives Powell of the 32nd and McCall of the 33rd:
A BILL to be entitled an Act to create a board of elections and registration for Madison County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 20, 2013

2861

HB 522. By Representatives Rutledge of the 109th, Douglas of the 78th, Scott of the 76th, Stephenson of the 90th and Knight of the 130th:
A BILL to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the name of the authority; to change the provisions relating to powers of the authority; to establish the power of the authority to implement programs and regulations for water quality protection, watershed protection, and water conservation; to establish the power of the authority to enter into intergovernmental agreements with respect to water and sewer services; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 738. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 249. By Senator Beach of the 21st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide for the election of councilmembers from wards; to provide that such officers shall be elected by plurality vote of the electors of the city at large; to provide for submission for preclearance under Section 5

2862

JOURNAL OF THE HOUSE

of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 168th, Taylor of the 79th, Epps of the 144th, Kirby of the 114th, Martin of the 49th, Pruett of the 149th, Douglas of the 78th, Smith of the 70th, Ramsey of the 72nd, Stover of the 71st, Epps of the 132nd, Carson of the 46th, Hill of the 22nd, Morgan of the 39th, Frazier of the 126th, and Murphy of the 127th.
Pursuant to HR 748, the House recognized and commended the Wilkinson High School boys basketball team on their 2013 GHSA Class A State Championship win.
Pursuant to HR 78, the House recognized and commended Charlie L. Smith, Jr., and invited him to be recognized by the House of Representatives.
Pursuant to HR 490, the House congratulated the Gainesville High School Red Elephants football team on their 2012 Class AAAAA State Championship win and invited them and the Gainesville High School football team coaches, cheerleading team, and administration to be recognized by the House of Representatives.
Pursuant to HR 526, the House recognized and commended linemen from Georgia Power and the International Brotherhood of Electrical Workers Local 84, members of the Georgia AFL-CIO, for their diligence in responding to the needs of individuals in the aftermath of Hurricane Sandy.
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 86. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 20, 2013

2863

By order of the Committee on Rules, the following Bill of the Senate was withdrawn from the General Calendar and recommitted to the Committee on Judiciary:
SB 185. By Senator Stone of the 23rd:
A BILL to be entitled an Act to amend Article 9 of Title 11 of the O.C.G.A., relating to secured transactions, so as to modernize the article; to change and provide for definitions; to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets considered in determining financial condition of insurers, generally, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
SB 120. By Senators Crosby of the 13th, Stone of the 23rd, Jackson of the 24th, Cowsert of the 46th and Bethel of the 54th:
A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to provide for related matters; to provide for construction with other laws; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2864

JOURNAL OF THE HOUSE

SECTION 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding a new article to read as follows:
"ARTICLE 8
15-9-150. (a) In any county in which there is no state court, the judge of the probate court may request the district attorney of the circuit in which the court is located to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. The district attorney may designate one or more members of his or her staff to handle such cases in the probate court. The district attorney and any members of his or her staff who prosecute criminal cases in the probate court may be compensated in an amount to be fixed by the governing authority of the county. (b) If for any reason the district attorney is unable to assist the probate court, he or she shall notify the probate court in writing, and the governing authority of the county, in its discretion, shall be authorized to create by ordinance or resolution the office of prosecuting attorney of the probate court, and the governing authority shall have the authority to hire the prosecuting attorney, who shall have the authority to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. A copy of the resolution or ordinance creating the office of prosecuting attorney of the probate court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia. (c) It shall be the duty of the probate 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 probate court within 30 days of such appointment. (d) Unless otherwise provided by local law, the prosecuting attorney of the probate court shall serve at the pleasure of the governing authority of such county.
15-9-151. (a) Any person appointed as the prosecuting attorney of a probate court pursuant to subsection (b) of Code Section 15-9-150 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, an assistant district attorney may be appointed as the prosecuting attorney of a probate court when:
(1) The district attorney who employs such assistant district attorney consents to such appointment; and (2) If such assistant district attorney is not employed in the judicial circuit in which the probate court is located, the district attorney for the judicial circuit in which the probate court is located consents to such appointment.

WEDNESDAY, MARCH 20, 2013

2865

(c) A district attorney may withdraw consent for an assistant district attorney's appointment pursuant to subsection (b) of this Code section at any time, provided that the probate court and the governing authority of the county in which such probate court is located is given notice not less than 30 days prior to the day that such assistant district attorney shall cease to serve as the prosecuting attorney of the probate court.
15-9-152. (a) In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a probate 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 for the Probate Court of (here state the county) County.' (b) The oath shall be administered and attested by the judge of the probate court of such county as provided in Code Section 45-3-3 and filed as provided in Code Section 45-3-5.
15-9-153. (a) Unless otherwise provided by local law, the governing authority of the county shall determine whether the prosecuting attorney of a probate court shall be a full-time or part-time prosecuting attorney. (b) Any full-time prosecuting attorney of a probate court and any full-time employees of the prosecuting attorney of a probate court shall not engage in the private practice of law. (c) Any part-time prosecuting attorney of a probate court and any part-time assistant prosecuting attorney of a probate court may engage in the private practice of law, but shall not practice in the probate court or appear in any matter in which that prosecuting attorney has exercised jurisdiction. A prosecuting attorney of a probate court and any assistant prosecuting attorney of a probate court shall be subject to all laws and rules governing the conduct of prosecuting attorneys in this state.
15-9-154. If the prosecuting attorney of a probate court is disqualified by interest or relationship 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 district attorney of such judicial circuit may prosecute such case. If the district attorney is to prosecute such case, the provisions of Code Section 15-18-5 shall apply.
15-9-155. (a) The prosecuting attorney of a probate court shall have the duty and authority to represent the state:
(1) In the probate court: (A) In the prosecution of any violation of the laws or ordinances of such county which is within the jurisdiction of such probate court and punishable by

2866

JOURNAL OF THE HOUSE

confinement or a fine or both or by a civil penalty authorized by Code Section 40-6163; (B) In the prosecution of any violation of state laws which by general law probate courts have been granted jurisdiction to try and dispose of such offenses, specifically including those offenses described in Article 2 of this chapter and Code Section 40-13-21; and (C) In the prosecution of any weapons carry license revocation or denial pursuant to Code Section 16-11-129; (2) In the appeal of any case prosecuted in the probate court to the superior court or the appellate courts of this state; (3) In any case in which the defendant was convicted in the probate court and is challenging such conviction through habeas corpus; (4) 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 (5) 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 probate 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 probate court; (2) Dismiss, amend, or enter a nolle prosequi on any accusation, citation, or summons filed in the probate court as provided by law, except that the prosecuting attorney of a probate 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 probate 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 the district attorney for the judicial circuit; (3) Reduce to judgment any fine, forfeiture, or restitution imposed by the probate 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 probate 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 prosecuting 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 probate 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 probate court has, by law, jurisdiction to try and dispose of.

WEDNESDAY, MARCH 20, 2013

2867

15-9-156. The prosecuting attorney of a probate court shall be compensated by the county as provided by local law or, in the absence of such local law, as provided by the governing authority of such county. The prosecuting attorney of a probate 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 county employees.
15-9-157. The prosecuting attorney of a probate 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 county. The prosecuting attorney of a probate 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 county.
15-9-158. (a) Any assistant prosecuting attorney or other attorney at law employed by the county for the purposes of prosecuting in the probate court shall be a member in good standing of the State Bar of Georgia. (b) A qualified law student or law school graduate who is allowed to practice pursuant to Code Section 15-18-22 or the Supreme Court of Georgia's rules governing such practice may assist in the prosecution of cases in the probate court."
SECTION 2. The provisions of this Act shall not be construed as altering any agreement in existence on the effective date of this Act between a county governing authority or a probate court of a county with the district attorney for the judicial circuit in which such probate court for the district attorney to prosecute case in the probate court of such county nor shall this Act apply in any county in which the General Assembly has by local act provided for a prosecutor in the probate court.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

2868

JOURNAL OF THE HOUSE

E Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague
Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V E Coleman Y Cooke

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner E Dudgeon E Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Pezold
Powell, A Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Setzler Y Sharper Y Shaw E Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 212. By Senators Mullis of the 53rd, Tippins of the 37th, Miller of the 49th, Butler of the 55th, Millar of the 40th and others:

A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require schools to provide training in cardiopulmonary resuscitation and the use of an automated external defibrillator for students in grades seven through 12; to provide for a

WEDNESDAY, MARCH 20, 2013

2869

definition; to provide for requirements; to provide for monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

E Abrams Y Alexander N Allison Y Anderson N Atwood Y Ballinger N Barr Y Battles E Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M
Carson Y Carter Y Casas Y Chandler
Channell N Chapman Y Cheokas E Clark, J Y Clark, V E Coleman N Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon E Dukes Y Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C
Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd N Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A E Powell, J Y Pruett N Quick Y Ramsey Y Randall N Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw E Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 140, nays 21.

The Bill, having received the requisite constitutional majority, was passed.

2870

JOURNAL OF THE HOUSE

House of Representatives State Capitol, Room 220 Atlanta, Georgia 30334

March 20, 2013

The Honorable Robbie Rivers House Clerk's Office 307 State Capitol Atlanta, GA 30334

To Whom It May Concern:

I, Rep. Tom Rice, HD 95 would like to change my vote from a "No" to "Yes" for Senate Bill 212 on this day, March 20, 2013.

If you have any questions, please contact the office.

Sincerely,

/s/ Tom Rice

HR 529. By Representatives Harbin of the 122nd, Kaiser of the 59th, Williams of the 119th, Stephens of the 164th, Sims of the 123rd and others:

A RESOLUTION creating the House Georgia Music Industry 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:

E Abrams Y Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett E Bentley

Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover

WEDNESDAY, MARCH 20, 2013

2871

Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V E Coleman Y Cooke

E Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sheldon Y Sims, B

Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites Y Watson, B Y Watson, S Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 157, nays 5.

The Resolution, having received the requisite constitutional majority, was adopted.

SB 136. By Senators Miller of the 49th, Unterman of the 45th, Murphy of the 27th, Sims of the 12th, Tolleson of the 20th and others:

A BILL to be entitled an Act to amend Title 27 and Chapter 7 of Title 52 of the O.C.G.A., relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Title 27 and Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to harmonize provisions relating to hunting, boating, and driving under the influence of

2872

JOURNAL OF THE HOUSE

alcohol, toxic vapors, or drugs; to provide for short titles; to change provisions relating to rules and regulations used to establish criminal violations for hunting; to change provisions relating to hunting under the influence; to change provisions relating to required equipment for children on vessels and lighting; to change provisions relating to operating vessels and personal watercraft; to change provisions relating to operation of watercraft and operating watercraft while under the influence of alcohol, toxic vapors, or drugs; to change provisions relating to ordering drug or alcohol testing; to change provisions relating to suspension of an operator's privilege to operate a vessel in this state; to change provisions relating to boating education courses in this state; to change provisions relating to rules and regulations used to establish criminal violations for registration, operation, and sale of watercraft and displaying watercraft information; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Sections 5, 6, and 11 of this Act shall be known and may be cited as the "Kile Glover Boat Education Law," and Sections 8, 9, and 10 of this Act shall be known and may be cited as the "Jake and Griffin Prince BUI Law."
SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, as follows:
"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013."
SECTION 3. Said title is further amended in Code Section 27-3-7, relating to hunting under the influence of alcohol or drugs, by revising paragraph (4) of subsection (b), subsection (f), and paragraph (2) of subsection (g) and by adding three new subsections to read as follows:
"(4) The person's alcohol concentration is 0.10 0.08 grams or more at any time within three hours after such hunting from alcohol consumed before such hunting ended; or" "(f) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person hunting in violation of subsection (b) of this Code section, the amount of alcohol in the person's blood at the time alleged, as

WEDNESDAY, MARCH 20, 2013

2873

shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time a blood alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; (2) If there was at that time a blood alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and (3) If there was at that time a blood alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and (4)(3) If there was at that time or within three hours after hunting, from alcohol consumed before such hunting ended, a blood alcohol concentration of 0.10 0.08 or more grams, the person shall be in violation of paragraph (4) of subsection (b) of this Code section." "(2) At the time a chemical test or tests are requested, the arresting officer shall read to the person the following implied consent warning:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing and you are convicted of hunting while under the influence of alcohol or drugs, your privilege to hunt in this state will be suspended for a period of two years. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you consent to the test, the results may be offered into evidence against you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more or the presence of any illegal drug, your privilege to hunt in this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'" "(j) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of this Code section if the evidence was obtained by voluntary consent or a search warrant as authorized by the Constitution or the laws of this state or the United States. (k) Upon the request of a law enforcement officer, if a person consents to submit to a chemical test designated by such officer as provided in subsection (g) of this Code section, and the results of such test indicate an alcohol concentration of 0.08 grams or more, upon a conviction of a violation of paragraph (4) of subsection (b) of this Code

2874

JOURNAL OF THE HOUSE

section, in addition to any other punishment imposed, such person's privileges to hunt in this state shall be suspended by operation of law for a period of one year. Even if such person did not possess a valid hunting license at the time of the violation, such person's hunting privileges shall be suspended for one year. (l) Following the period of suspension set forth in subsection (i) or (k) of this Code section, such person may apply to the department for reinstatement of his or her hunting privileges. Any suspension pursuant to this Code section shall remain in effect until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00."
SECTION 4. Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, is amended by revising paragraph (3) of subsection (d) of Code Section 52-7-8, relating to classification of vessels and required equipment, as follows:
"(3) No person shall operate a moving vessel upon the waters of this state with a child under the age of ten 13 years on board such vessel unless the such child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel."
SECTION 5. Said chapter is further amended by revising subsections (a), (c), (l), and (m) of Code Section 52-7-8.2, relating to restrictions on operation of personal watercraft, as follows:
"(a) As used in this Code section, the term: (1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) 'Class A vessel' means a boat less than 16 feet in length. (3)(2) 'Personal watercraft' means a Class A vessel which: (A) Has an outboard motor or which has an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion; (B) Is designed with the concept that the operator and passenger ride on the outside surfaces of the such vessel as opposed to riding inside the such vessel; and (C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard.

WEDNESDAY, MARCH 20, 2013

2875

Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessels vessel commonly known as a 'jet ski.' (4) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility." "(c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years Reserved." "(l) On and after June 1, 1995, no No person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years of age may operate a personal watercraft if he or she is accompanied by an adult age 18 years of age or over older or he or she has successfully completed a personal watercraft safety program boating education course approved by the department or is under direct supervision by an adult age 18 or over. The department may, but shall not be required to, conduct or provide personal watercraft safety boating education courses to the public. (m) On and after July 1, 1995, it It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft."
SECTION 6. Said chapter is further amended by revising Code Section 52-7-8.3, relating to operation of watercraft, as follows:
"52-7-8.3. (a) A person age 16 years of age or over older may operate any vessel or personal watercraft on any of the waters of this state if such person has met the applicable requirements of Code Section 52-7-22, and such person shall have has in such vessel proper identification. (b) A person age 14 or 12 through 15 years of age may operate:
(1) A a personal watercraft or nonmotorized Class A vessel on any of the waters of this state in compliance with the provisions of this article; and if such person: (2) Any other vessel if such person: (A)(1) Is accompanied by an adult age 18 or over 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section; or (B)(2) Has completed a safe boating education course approved by the department; or
(C) Is under direct supervision by an adult age 18 or over. (c) A person age 12 or 13 may operate any Class A vessel utilizing mechanical means of propulsion not exceeding 30 horsepower, under the conditions set forth in subparagraphs (b)(2)(A) through (b)(2)(C) of this Code section. Such person may

2876

JOURNAL OF THE HOUSE

operate a personal watercraft in compliance with Code Section 52-7-8.2, and such person may operate nonmotorized Class A vessels without restriction No person between 12 through 15 years of age may operate a Class 1, Class 2, or Class 3 vessel. (d) No person under the age of 12 years shall operate any Class 1, 2, or 3 vessel or any personal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied by an adult age 18 years of age or over older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section. (e) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section. (f) No person shall rent, lease, or let for hire any vessel ten horsepower or more to any person under 16 years of age. On and after July 1, 2014, a person 16 years of age or older may rent or lease any vessel ten horsepower or more if such person has completed a boating education course approved by the department. This subsection shall not apply to any person licensed by the United States Coast Guard as a master of a vessel or a nonresident who has in his or her possession proof that he or she has completed a National Association of State Boating Law Administrators approved boater education course or equivalency examination from another state. (e)(g) As used in this Code section, the term:
(1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) 'Personal watercraft' shall have the same meaning as set forth in Code Section 527-8.2. (3) 'Proper identification' shall have the same meaning as in subsection (d) of Code Section 3-3-23, relating to furnishing of alcoholic beverages. (3) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility. (f) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section."
SECTION 7. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 52-7-11, relating to lights, as follows:
"(2) All motorized Class A and Class 1 vessels being operated during hours of darkness or low visibility shall display a 32 point white stern light visible for a distance of two miles, plus a 20 point combination red and green light on the bow, or

WEDNESDAY, MARCH 20, 2013

2877

ten-point combination red and green side lights properly screened and visible for a distance of one mile and displayed lower than the white stern light."
SECTION 8. Said chapter is further amended by revising Code Section 52-7-12, relating to operation of watercraft while under the influence of alcohol or drugs, as follows:
"52-7-12. (a) No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (2) Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (3)(4) Under the combined influence of alcohol and any drug any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (4)(5) The person's alcohol concentration is 0.10 0.08 grams or more at any time within three hours after such operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended; or (5)(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of operating, navigating, steering, driving, manipulating, or being in actual physical control of a

2878

JOURNAL OF THE HOUSE

moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances substance, shall be admissible. Where such chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; (2) When a person shall undergo undergoes a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic or drug content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit submits to a chemical test or tests at the request of a law enforcement officer, full information concerning the such test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests according to this Code section. (d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating, navigating, steering,

WEDNESDAY, MARCH 20, 2013

2879

driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section; and (3) If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section; and (4)(3) If there was at that time or within three hours after operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended an alcohol concentration of 0.10 0.08 or more grams, the person shall be in violation of paragraph (4) (5) of subsection (a) of this Code section. (e) The State of Georgia considers that persons who are under the influence of alcohol, toxic vapors, or drugs while operating a vessel on the waters of this state constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) subsection (c) of this Code section, to a chemical test or tests of his or her blood, breath, or urine or other bodily substances substance for the purpose of determining the alcoholic or drug content of his or her blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating, navigating, steering, driving, manipulating, or in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, toxic vapors, or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol, toxic vapors, or any drug. Subject to subsections (c) and (d) subsection (c) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.

2880

JOURNAL OF THE HOUSE

(f) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) subsection (c) of this Code section. (g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence. (h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAC) or the presence of drugs be performed on the dead person or persons and that the results of such test be properly recorded in his or her report. (i) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol, toxic vapors, or drugs in violation of this Code section. (j) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of this Code section.
(k)(1) A person under the age of 21 years shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane, moving surfboard or similar moving device, or personal watercraft while the such person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended. (2) No plea of nolo contendere shall be accepted for any person under the age of 21 years charged with a violation of this Code section. (l) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard, or similar device a child under the age of 14 years is shall be guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol, toxic vapors, or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol, toxic vapors, or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol, toxic vapors, or drugs for the purposes of prosecution and

WEDNESDAY, MARCH 20, 2013

2881

sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child. (m) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor; upon a third conviction thereof, be guilty of a high and aggravated misdemeanor; and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows:
(1) For the first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 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 conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion, such evaluation may be waived; and (F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated; (2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

2882

JOURNAL OF THE HOUSE

(A) A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration; (C) Not fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the person is actually incarcerated; (3) For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration; (C) Not fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the person is actually incarcerated; (4) For the fourth or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or

WEDNESDAY, MARCH 20, 2013

2883

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:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Driver Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to May 15, 2013, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection; (5) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere based on a violation of this Code section shall constitute a conviction; and (6) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after May 15, 2013, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17. (n)(1) If the payment of the fine required under subsection (m) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments, and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under subsection (m) of this Code section conditioned upon the

2884

JOURNAL OF THE HOUSE

defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1. (o) As used in this Code section, the term 'personal watercraft' shall have the same meaning as set forth in Code Section 52-7-8.2."
SECTION 9. Said chapter is further amended by revising Code Section 52-7-12.5, relating to ordering drug or alcohol tests, as follows:
"52-7-12.5. (a) The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer has arrested such person for a violation of Code Section 52-7-12, any federal law in conformity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test initially and may subsequently require a test or tests for any substance not initially tested. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
(1) Implied consent notice for suspects under age 21 years of age: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, and the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'; or
(2) Implied consent notice for suspects age 21 years of age or over older: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum

WEDNESDAY, MARCH 20, 2013

2885

period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, and the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.10 0.08 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6, and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. This notice shall be deemed sufficient if such notice read by an arresting officer is substantially complied with Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged. (c) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 52-7-12 if such evidence was obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States. (d) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.10 0.08 grams or more or, for a person under the age of 21 years, an alcohol concentration of 0.02 grams or more, and the vessel being operated was a motorized vessel having ten or more

2886

JOURNAL OF THE HOUSE

horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section 52-7-12.6, subject to review as provided for in this Code section. (e) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege of operating a vessel on the waters of this state for a period of one year.
(f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of intent to suspend and the sworn report required by subsection (d) or (e) of this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code section. (2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's privilege to operate a vessel and, by regular mail, at the last known address, notify such person of such suspension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing. (g)(1) A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. For purposes of such hearing, a copy of the report required

WEDNESDAY, MARCH 20, 2013

2887

by subsection (d) or (e) of this Code section shall be made a part of the hearing record and shall create a rebuttable presumption that the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length. (2) The scope of the hearing shall be limited to the following issues:
(A)(i) Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12. (ii) Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality; (B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test and: (i) Whether the person refused the test; or (ii) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 0.08 grams or more or, for a person under the age of 21 years, an alcohol concentration of 0.02 grams or more; and (C) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the suspension of the person's privilege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, however, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be

2888

JOURNAL OF THE HOUSE

entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12. (h) If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed. (i) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: 'This breath-testing instrument (serial no. __________) was thoroughly inspected, tested, and standardized by the undersigned on (date __________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code section."
SECTION 10. Said chapter is further amended by revising Code Section 52-7-12.6, relating to terms of suspension, as follows:
"52-7-12.6. (a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 120 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00;

WEDNESDAY, MARCH 20, 2013

2889

(2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days 18 months following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; and (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; and (4) Any person convicted of violating Code Section 52-7-12.2, 52-7-12.3, or 52-712.4 shall have his or her privilege to operate a vessel on the waters of this state suspended for three years. Such privilege shall be reinstated after the expiration of the three-year period if such person submits proof of completion of a boating education course approved by the department and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. (b) In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance and the operator's payment of a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. (c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500.00 nor more than $1,000.00; provided, however, that for a second and each subsequent conviction within a five-year period measured from the date of the previous arrest upon which a conviction was obtained to the date of the current arrest, such person shall be

2890

JOURNAL OF THE HOUSE

guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00 nor more than $1,500.00. The period suspension of the privilege to operate a vessel on the waters of the state of any person convicted under this subsection shall be extended for an additional six months for each such conviction."
SECTION 11. Said chapter is further amended by revising Code Section 52-7-22, relating to safety and educational programs, as follows:
"52-7-22. (a) The department is authorized to inaugurate a comprehensive boating safety and boating shall establish a comprehensive boating education program and to may seek the cooperation of boatmen, the federal government, and other states. The department may accept moneys made available under federal safety programs and may issue safety boating certificates to persons who complete courses in boating safety education. (b) Effective July 1, 2014, and except as otherwise provided by this chapter, anyone born on or after January 1, 1998, who operates any motorized vessel on the waters of this state shall complete a boating education course approved by the department prior to the operation of such vessel. (c) A person shall be exempt from the provisions of subsection (b) of this Code section if he or she is:
(1) Licensed by the United States Coast Guard as a master of a vessel; (2) Operating such vessel on a private lake or pond; or (3) A nonresident who has in his or her possession proof that he or she has completed a National Association of State Boating Law Administrators approved boater education course or the equivalency from another state."
SECTION 12. Said chapter is further amended by revising Code Section 52-7-26, relating to penalty for violations relative to registration, operation, and sale of watercraft generally, as follows:
"52-7-26. Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013."
SECTION 13. Said chapter is further amended by revising subsection (a) of Code Section 52-7-51, relating to penalty for violations relative to displaying of watercraft information, as follows:

WEDNESDAY, MARCH 20, 2013

2891

"(a) Any person who violates this article or any rules and regulations issued hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013."

SECTION 14. This Act shall become effective on May 15, 2013, and shall apply to all offenses occurring on or after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

E Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell N Bennett E Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner E Dudgeon
Dukes Y Dunahoo Y Duncan N Dutton Y Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Fleming N Floyd Y Fludd Y Frazier

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson N Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre E Spencer Y Stephens, M
Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites Y Watson, B Y Watson, S

2892

JOURNAL OF THE HOUSE

Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas E Clark, J Y Clark, V E Coleman N Cooke

Y Frye Fullerton
Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw E Sheldon Y Sims, B

Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 146, nays 17.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Pursuant to HR 564, the House recognized and commended Deputy Jason Michael Ross.

Pursuant to HR 563, the House recognized and commended Dr. Archie Rainey, Director of Georgia's Law Enforcement Command College at Columbus State University.

The following Bills of the House were taken up for the purpose of considering the Senate action thereon:

HB 255. By Representatives Rogers of the 10th, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th, Benton of the 31st and others:

A BILL to be entitled an Act to amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, 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

WEDNESDAY, MARCH 20, 2013

2893

To amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, is amended by revising subsection (b) as follows:
"(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."
SECTION 2. Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, is amended by revising Code Section 40-2-140, relating to the Department of Revenue to administer provisions of this article, registration and fee requirements, evidence of continuing education, requirements for obtaining operating authority, collection, retention, and utilization of fees, regulatory compliance inspections, and penalties, as follows:
"40-2-140. (a) As used in this Code section, the term 'commissioner' means the commissioner public safety. (a)(b) The Department of Revenue Public Safety shall be the state agency responsible for the administration of the federal Unified Carrier Registration Act of 2005, which includes participating in the development, implementation, and administration of the Unified Carrier Registration Agreement. (b)(c) Every foreign or domestic motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in interstate commerce in this state shall register with the commissioner or a base state and pay all fees as required by the federal Unified Carrier Registration Act of 2005.

2894

JOURNAL OF THE HOUSE

(c)(d)(1) Any motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay a fee determined by the commissioner. (2) No motor carrier shall be issued a registration unless there is filed with the commissioner or the Federal Motor Carrier Safety Administration or any successor agency a certificate of insurance for such applicant or holder, on forms prescribed by the commissioner, evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state. Such policy shall provide for the protection of passengers in passenger vehicles and the protection of the public against the negligence of such motor carrier, and its servants or agents, when it is determined to be the proximate cause of any injury. The commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. Failure to file any form required by the commissioner shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer. The insurer may file its certificate of insurance electronically with the commissioner. (3) The commissioner shall have the power to permit self-insurance in lieu of a policy of indemnity insurance whenever in his or her opinion the financial ability of the motor carrier so warrants. (4) Any person having a cause of action, whether arising in tort or contract, under this Code section may join in the same cause of action the motor carrier and its insurance carrier. (d)(e) Before any motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (d.1)(f) Before any motor carrier shall be registered under the federal Unified Carrier Registration Act of 2005 by the Department of Revenue Public Safety, that carrier shall furnish evidence to the department Department of Public Safety that the carrier, through an authorized representative, has completed, within the preceding 12 months, an educational seminar on motor carrier operations and safety regulations that has been certified by the commissioner. (e)(g) In addition to any requirements under the federal Unified Carrier Registration Act of 2005, motor carriers required to have operating authority shall fulfill all applicable requirements for obtaining operating authority prior to any operation of a motor vehicle to which such requirements apply. (f)(h) The commissioner shall collect the fees imposed by this Code section and may establish rules and regulations and prescribe such forms as are necessary to administer this Code section and the federal Unified Carrier Registration Act of 2005. Notwithstanding the provisions of Code Sections Section 40-2-131 and 48-2-17, the commissioner shall retain and utilize such fees for motor carrier safety programs and enforcement and administration of this article.

WEDNESDAY, MARCH 20, 2013

2895

(g)(i) The commissioner of public safety, and persons he or she designates pursuant to Chapter 2 of Title 35, shall have the authority to perform regulatory compliance inspections under the provisions of Article 5 of Chapter 2 of Title 35 for purposes of determining compliance with laws and regulations, the enforcement and administration of which is the responsibility of the Department of Public Safety. (h)(j) Every officer, agent, or employee of any corporation and every person who fails to comply with this article and any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for in Chapter 13 of this title."

SECTION 3. This Act shall become effective on July 1, 2014.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Rogers of the 10th moved that the House agree to the Senate substitute to HB 255.

On the motion, the roll call was ordered and the vote was as follows:

E Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett E Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Carson

Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J
Jones, L E Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick

Y McCall Meadows
Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch

2896

JOURNAL OF THE HOUSE

Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sheldon Y Sims, B

Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 162, nays 0.

The motion prevailed.

HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th:

A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to transfer responsibility for administration and enforcement of provisions relating to coin operated amusement machines from the Department of Revenue to the Georgia Lottery Corporation; to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to a lottery for education, so as to provide for such transfer of responsibility; to provide for findings of the General Assembly; to revise provisions relating to such administration and enforcement; to provide for licensing of operators; to create the Class B machine operators advisory board; to provide for a Class B accounting terminal; to provide for procedures, conditions, and limitations; to provide for fees and penalties; to provide for disposition of certain revenues; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to improper use of coin operated amusement machines, so as to change certain provisions relating to definitions; to change certain provisions regarding forfeiture of coin operated amusement machines; to amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to state legislative intent with respect to the effect of this Act on maritime vessels; to provide for an effective date; to provide for an

WEDNESDAY, MARCH 20, 2013

2897

automatic repeal upon a finding of unconstitutionality; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Chapter 17, relating to coin operated amusement machines, and redesignating it as a new Article 3 of Chapter 27 of Title 50, relating to a lottery for education, as follows:
"CHAPTER 17 ARTICLE 3 Part 1
48-17-1. 50-27-70. (a) The General Assembly finds that the ability to operate a bona fide coin operated amusement machine business in this state constitutes a privilege and not a right. Further, in order to prevent the unregulated operation of the bona fide coin operated amusement machine business, the General Assembly is enacting the procedural enhancements of this article which will aid in the enforcement of the tax obligations that arise from the operation of bona fide coin operated amusement machine businesses as well as prevent unauthorized cash payouts. The General Assembly finds that the bona fide coin operated amusement machine business can be conducted in a manner to safeguard the fiscal soundness of the state, enhance public welfare, and support the need to educate Georgia's children through the HOPE scholarship program and prekindergarten funding authorized by Article I, Section II, Paragraph VIII of the Constitution. (b) As used in this chapter article, the term:
(1) 'Applicant' or 'licensee' means an owner as defined in this Code section, including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself. (2)(A) 'Bona fide coin operated amusement machine' means:(A) Every every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to subsections (b) through (g) of Code Section 16-12-35, and which can be legally shipped interstate according to federal law. Examples of bona fide coin operated amusement machines include, but are expressly not limited to, the following:
(i) Pinball machines; (ii) Console machines;

2898

JOURNAL OF THE HOUSE

(iii) Video games; (iv) Crane machines; (v) Claw machines; (vi) Pusher machines; (vii) Bowling machines; (viii) Novelty arcade games; (ix) Foosball or table soccer machines; (x) Miniature racetrack, football, or golf machines; (xi) Target or shooting gallery machines; (xii) Basketball machines; (xiii) Shuffleboard games; (xiv) Kiddie ride games; (xv) Skeeball machines; (xvi) Air hockey machines; (xvii) Roll down machines; (xviii) Trivia machines; (xix) Laser games; (xx) Simulator games; (xxi) Virtual reality machines; (xxii) Maze games; (xxiii) Racing games; (xxiv) Coin operated pool tables or coin operated billiard tables as defined in paragraph (3) of Code Section 43-8-1; and (xxv) Any other similar amusement machine which can be legally operated in Georgia; and. (B) Every The term also means machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object such as jukeboxes or other similar types of music machines. (B) The term 'bona fide coin operated amusement machine' does not include the following: (i) Coin operated washing machines or dryers; (ii) Vending machines which for payment of money dispense products or services; (iii) Gas and electric meters; (iv) Pay telephones; (v) Pay toilets; (vi) Cigarette vending machines; (vii) Coin operated scales; (viii) Coin operated gumball machines; (ix) Coin operated parking meters; (x) Coin operated television sets which provide cable or network programming; (xi) Coin operated massage beds; and

WEDNESDAY, MARCH 20, 2013

2899

(xii) Machines which are not legally permitted to be operated in Georgia. (2.1) 'Business owner or business operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (2.2)(3) '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; (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 (E) Rewards a successful player with any combination of items listed in subparagraphs (B), (C), and (D) of this paragraph. (2.3)(4) 'Class B machine' means a bona fide coin operated amusement machine that 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. (3)(5) 'Commissioner' means the state revenue commissioner. 'Distributor' means a person, individual, partnership, corporation, limited liability company, or any other business entity that buys, sells, or distributes Class B machines to or from operators. (3.1)(6) 'Location license' means the initial and annually renewed license which every business location owner or business location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state. (3.2)(7) 'Location license fee' means the fee paid to obtain the location license. (8) 'Location owner or location operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (9) 'Manufacturer' means a person, individual, partnership, corporation, limited liability company, or any other business entity that supplies and sells major

2900

JOURNAL OF THE HOUSE

components or parts, including software, hardware, or both, to Class B machine distributors or operators. (4)(10) 'Master license' means the certificate which every owner of a bona fide coin operated amusement machine must purchase and display in the owner's or operator's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the state. (4.1)(11) 'Net receipts' means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemption of winnings from the amusement machine, and minus the amount of moneys refunded to the public for malfunction bona fide malfunctions of the amusement machine. (5)(12) 'Operator' means any person, individual, firm, company, association, corporation, or other business entity who that exhibits, displays, or permits to be exhibited or displayed, in a place of business other than his own, any bona fide coin operated amusement machine in this state. (6)(13) 'Owner' means any person, individual, firm, company, association, corporation, or other business entity owning any bona fide coin operated amusement machine in this state. (7)(14) 'Permit fee' means the annual per machine charge which every owner of a bona fide coin operated amusement machine in commercial use must purchase and display in either the owner's or operator's place of business in order to legally operate the machine in the state. (15) 'Person' means an individual, any corporate entity or form authorized by law including any of its subsidiaries or affiliates, or any officer, director, board member, or employee of any corporate entity or form authorized by law. (7.1)(16) 'Single play' or 'one play' means the completion of a sequence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, cards, or other evidence of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) (d)(1)(A) through (d)(1)(D) of Code Section 16-12-35 after each play. (9)(17) 'Slot machine or any simulation or variation thereof' means any contrivance which, for a consideration, affords the player an opportunity to obtain money or other thing of value, the award of which is determined solely by chance, whether or not a prize is automatically paid by the contrivance. (8)(18) 'Sticker' means the decal issued for every bona fide coin operated amusement machine to show proof of payment of the permit fee. (10)(19) 'Successful player' means an individual who wins on one or more plays of a bona fide coin operated amusement machine. (11)(20) 'Temporary location permit' means the permit which every business location owner or business location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for

WEDNESDAY, MARCH 20, 2013

2901

commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses. (C) Each municipality and each county in this state may by local ordinance prohibit any or all Class B machine, as defined and provided for in this Section, to operate within its boundaries.
48-17-2. 50-27-71. (a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees to the corporation as follows:
(1) For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $500.00. In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter article so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,500.00; (B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter article, such owner shall pay an additional master license fee of $1,500.00; or (C) For 61 or more machines, the owner shall pay a master license fee of $3,500.00; and
(2) For any number of Class B machines, the owner shall pay a master license fee of $5,000.00. The cost of the license shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon said such payment, the commissioner corporation shall issue a master license certificate to the owner. The master license fee levied by this Code section shall be collected by the commissioner corporation on an annual basis for the period from July 1 to June 30. The commissioner board may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this Code section may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any license or permit period. (a.1) Every business location owner or business location operator shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner corporation on an annual

2902

JOURNAL OF THE HOUSE

basis from July 1 to June 30. The location license fee shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon payment, the commissioner corporation shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner board may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business location owner or business location operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. (a.2) The corporation may refuse to issue or renew a location owner or location operator license or may revoke or suspend a location owner or location operator license issued under this article if:
(1) The licensee or applicant has intentionally violated a provision of this chapter or a regulation promulgated under this chapter; (2) The licensee or applicant has intentionally failed to provide requested information or answer a question, intentionally made a false statement in or in connection with his or her application or renewal, or omitted any material or requested information; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the corporation; (4) Failure to revoke or suspend the license would be contrary to the intent and purpose of this article; (5) The licensee or applicant has engaged in unfair methods of competition and unfair or deceptive acts or practices as provided in Code Section 50-27-87.1; or (6) Any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, fails to meet any obligations imposed by the tax laws or other laws or regulations of this state. (b) A copy of an owner's master license and the business location owner's or business location operator's location license shall be prominently displayed at all locations where the owner and business location owner or business location operator have bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fees levied under this Code section. (c) Each master license and each location license shall list the name and address of the owner or business location owner or business location operator, as applicable. (d) The commissioner corporation may provide a duplicate original master license certificate or location license certificate if the original certificate has been lost, stolen, or destroyed. The fee for a duplicate original certificate is $100.00. If the original certificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the certificate was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed certificate, if applicable, before a

WEDNESDAY, MARCH 20, 2013

2903

duplicate original certificate can be issued. A certificate for which a duplicate certificate has been issued is void. (e) A license or permit issued under this Code section:
(1) Is effective for a single business entity; (2) Vests no property or right in the holder of the license or permit except to conduct the licensed or permitted business during the period the license or permit is in effect; (3) Is nontransferable, nonassignable by and between owners or business location owners and business location operators, and not subject to execution; and (4) Expires upon the death of an individual holder of a license or permit or upon the dissolution of any other holder of a license or permit. (f) An application for the renewal of a license or permit must be made to the commissioner corporation by June 1 of each year. (g) Acceptance of a license or permit issued under this Code section constitutes consent by the licensee and the business location owner or business location operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or the commissioner's corporation's agents may freely enter the business premises where the licensed and permitted machines are located during normal business hours for the purpose of ensuring compliance with this chapter article. (h) An application for a license or permit to do business under this chapter article shall contain a complete statement regarding the ownership of the business to be licensed or the business where the permitted machines are to be located. This statement of ownership shall specify the same information that is required by the application to secure a sales tax number for the State of Georgia. (i) An application for a master license shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. An application for a location license shall be accompanied by the appropriate fee. (j) An application is subject to public inspection. (k) A renewal application filed on or after July 1, but before the license expires, shall be accompanied by a late fee of $125.00. A master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the owner shall obtain a new master license or the business location owner or business location operator shall obtain a new location license, as applicable, by complying with the requirements and procedures for obtaining an original master license or location license. (l) A holder of a license who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license or permit renewal has not been issued, unless the holder of the license is notified by the commissioner corporation prior to the expiration date of a problem with the renewal.

2904

JOURNAL OF THE HOUSE

(m) Holders of location licenses and temporary location permits shall be subject to the same provisions of this chapter article with regard to refunds, license renewals, license suspensions, and license revocations as are holders of master licenses. (n) Failure to obtain a master license or location license as required by this Code section shall subject the person to a fine of up to $25,000.00 and repayment of all fees or receipts due to the corporation pursuant to this article and may subject the person to a loss of all state licenses.
48-17-3. 50-27-72. (a) No refund is allowed for a master license except as follows:
(1) The owner makes a written request to the commissioner corporation for a refund prior to the beginning of the calendar year for which it was purchased; (2) The owner makes a written request prior to the issuance of the master license or registration certificate; (3) The owner makes a written request for a refund claiming the master license or registration certificate was mistakenly purchased due to reliance on incorrect information from the commissioner corporation; (4) The processing of the master license is discontinued; or (5) The issuance of the master license is denied. (b) Before a refund will be allowed if the renewal of a master license is denied, the commissioner corporation shall verify that the applicant has no machines in operation and does not possess any machines except those that are exempt from the fees. If a master license is not issued, the commissioner corporation may retain $100.00 to cover administrative costs. (c) No refund will be allowed if the owner has an existing liability for any other fees or taxes due. Any refund will be applied to the existing liability due.
48-17-4. 50-27-73. (a) The commissioner corporation shall not renew a master, location owner, or location operator license for a business under this chapter article and shall suspend for any period of time or cancel a master, location owner, or location operator license if the commissioner corporation finds that the applicant or licensee is indebted to the state for any fees, costs, penalties, or delinquent fees. (b) The commissioner corporation shall not issue or renew a license for a business under this chapter article if the applicant does not designate and maintain an office in this state or if the applicant does not permit inspection by the commissioner corporation's agents of his or her place of business or of all records which the applicant or licensee is required to maintain. (c) The commissioner corporation may refuse to issue or renew a master license or may revoke or suspend a master license issued under this chapter if:
(1) The licensee or applicant has intentionally violated a provision of this chapter or a regulation promulgated under this chapter;

WEDNESDAY, MARCH 20, 2013

2905

(2) The licensee or applicant has intentionally failed to provide requested information or answer a question, or has intentionally made a false statement in or in connection with his or her application or renewal, or omitted any material or requested information; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the commissioner corporation; (4) A licensee or applicant that allows the use of its master license certificate or per machine permit stickers by any other business entity or person who owns or operates bona fide coin operated amusement machines available for commercial use and available to the public for play. If such unauthorized use occurs, the commissioner corporation may fine the licensee as follows:
(A) One hundred and fifty thousand dollars for each improper use of a per machine permit sticker; and (B) One Twenty-five thousand dollars for each improper use of a master license certificate. In addition, the commissioner corporation is authorized to seize the machines in question and assess the master license and permit fees as required by law and to assess the costs of such seizure to the owner or operator of the machines; or (5) Failure to suspend or revoke the license would be contrary to the intent and purpose of this chapter article; (6) The licensee or applicant has engaged in unfair methods of competition and unfair or deceptive acts or practices as provided in Code Section 50-27-87.1; or (7) Any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, fails to meet any obligations imposed by the tax laws or other laws or regulations of this state. (d) The commissioner corporation, on the request of a licensee or applicant for a license, shall conduct a hearing to ascertain whether a licensee or applicant for a license has engaged in conduct which would be grounds for revocation, suspension, or refusal to issue or renew a license. (e) The corporation shall not limit the number of master licenses it can issue. Except as provided in this subsection, the corporation shall not issue any new Class B master licenses until one year after it certifies that the Class B accounting terminal authorized by Code Section 50-27-101 is implemented; provided, however, the corporation shall be permitted to renew Class B master licenses at any time.
48-17-5. 50-27-74. (a) An applicant or licensee is entitled to at least 30 days' written notice and, if requested, a hearing in the following instances:
(1) After an application for an original or renewal license has been refused; (2) Before the commissioner corporation may revoke a license; or (3) Before the commissioner corporation may invoke any other sanctions provided by this chapter article. For purposes of this paragraph, sanctions shall not include:

2906

JOURNAL OF THE HOUSE

(A) Issuance of a citation; (B) Imposition of a late fee, penalty fee, or interest penalty under subsection (k) of Code Section 48-17-2 50-27-71, Code Section 48-17-11 50-27-80, or subsection (a) of Code Section 48-17-13 50-27-82; or (C) Sealing a machine or imposing charges related thereto under subsection (g)(f) of Code Section 48-17-13 50-27-82. (b) The written notice provided by this Code section may be served personally by the commissioner chief executive officer or an authorized representative of the corporation or sent by United States certified mail or statutory overnight delivery addressed to the applicant, licensee, or registration certificate holder at its last known address. In the event that notice cannot be effected by either of these methods after due diligence, the commissioner chief executive officer may prescribe any reasonable method of notice calculated to inform a person of average intelligence and prudence of the commissioner's corporation's action, including publishing the notice in a newspaper of general circulation in the area in which the applicant, licensee, or registration certificate holder conducts its business activities. The written notice shall state with particularity the basis upon which the commissioner corporation is taking the proposed actions. (c) Subject to approval by the chief executive officer and corporation, the Bona Fide Coin Operated Amusement Machine Operator Advisory Board shall establish a procedure for hearings required by this article. Such procedure shall empower the chief executive officer with the authority to delegate or appoint any person or public agency to preside over the hearing and adjudicate the appeal, and the procedure shall identify the party responsible for entering a final decision for the corporation.
48-17-6. 50-27-75. (a) The commissioner corporation shall deliver to the applicant or licensee a written copy of the order refusing an application or renewal application, revoking a master license, or imposing any other sanction provided in this chapter article issued after any required hearing provided by Code Section 50-27-74. (b) Delivery of the commissioner's corporation's order may be given by:
(1) Personal service upon an individual applicant or licensee; (2) Personal service upon any officer, director, partner, trustee, or receiver, as the case may be; (3) Personal service upon the person in charge of the business premises, temporarily or otherwise, of the applicant or licensee; (4) Sending such notice by United States certified mail or statutory overnight delivery addressed to the business premises of the applicant or licensee; or (5) Posting notice upon the outside door of the business premises of the applicant or licensee. (c) Notice shall be deemed complete upon the performance of any action authorized in this Code section.

WEDNESDAY, MARCH 20, 2013

2907

48-17-7. 50-27-76. (a) Appeal by an affected person from all actions of the commissioner corporation or chief executive officer shall be to the Superior Court of Fulton County or the superior court where the owner has the machines located at the time that the action has been taken by the commissioner. The review shall be conducted by the court and shall be confined to the record. (b) The court shall not substitute its judgment for that of the commissioner corporation or chief executive officer as to the weight of the evidence on questions of fact committed to the discretion of the commissioner corporation or chief executive officer. The court may affirm the decision of the commissioner corporation or chief executive officer in whole or in part; the court shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the commissioner's corporation's or chief executive officer's findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the commissioner corporation or chief executive officer; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
48-17-8. 50-27-77. Appeal from any final judgment of the superior court Superior Court of Fulton County may be taken by any party, including the commissioner corporation, in the manner provided for in civil actions generally.
48-17-9. 50-27-78. (a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay an annual permit fee for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B machine. The fee shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon payment, the commissioner corporation shall issue a sticker for each bona fide coin operated amusement machine. The annual fees levied by this chapter article shall be collected by the commissioner corporation on an annual basis for the period from July 1 to June 30. The commissioner board may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter article shall be allowed to any owner who ceases the exhibition or display

2908

JOURNAL OF THE HOUSE

of any bona fide coin operated amusement machine prior to the end of any license or permit period. (b) The sticker issued by the commissioner corporation to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may transfer stickers from one machine to another in the same class and from location to location so long as all machines in commercial use available for play by the public have a sticker of the correct class and the owner uses the stickers only for machines that it owns. (c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certificate to allow for effective monitoring of the licensing and permit system. Permit stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location. (d) The commissioner corporation may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $50.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void. (e) Each permit sticker issued for a bona fide coin operated amusement machine which rewards a winning player exclusively with free replays, noncash redemption merchandise, prizes, toys, gift certificates, or novelties; or points, tokens, tickets, cards, or other evidence of winnings that may be exchanged for free replays or noncash redemption merchandise, prizes, toys, gift certificates, or novelties, in accordance with the provisions of subsections (b) through (d) of Code Section 16-12-35 shall include the following: 'GEORGIA LAW PROHIBITS THE PAYMENT OR RECEIPT OF ANY MONEY FOR REPLAYS OR MERCHANDISE AWARDED FOR PLAYING THIS MACHINE. O.C.G.A. SECTION 16-12-35.' (f) Nothing in this article shall be construed to provide any authority to the corporation to limit the number of permits issued in this state or to limit the number of permits provided to an operator, location owner, or location operator. (g) The corporation shall not assess any fees that are not explicitly authorized under this article on a manufacturer, distributor, operator, location owner, or location operator. (h) All fees assessed by the corporation pursuant to this article shall be considered lottery proceeds, and shall not be remitted to the general fund.
48-17-10. 50-27-79. No refund shall be allowed for the annual permit fee assessed on each bona fide coin operated amusement machine registered with the commissioner corporation except as follows:

WEDNESDAY, MARCH 20, 2013

2909

(1) The owner makes a written request to the commissioner corporation for a refund prior to the beginning of the calendar year for which the permit sticker was purchased and returns the permit sticker; (2) The owner makes a written request for a refund prior to the issuance of the permit sticker; (3) The owner makes a written request for a refund claiming the permit sticker was mistakenly purchased for a machine not subject to the permit fee and returns the permit sticker; or (4) The owner provides the commissioner corporation with a sworn affidavit that a machine was sold, stolen, or destroyed prior to the beginning of the calendar year for which the permit was purchased and returns the sticker unless it was attached to the stolen or destroyed machine.
48-17-11. 50-27-80. If an owner purchases or receives additional bona fide coin operated amusement machines during the calendar year, the applicable annual permit fee shall be paid to the commissioner corporation and the sticker shall be affixed to the machine before the machine may be legally operated. A penalty fee equal to twice the applicable annual permit fee shall be assessed by the commissioner corporation for every machine in operation without a permit sticker.
48-17-12. 50-27-81. (a) The commissioner chief executive officer shall provide for the proper administration of this chapter article and is authorized to act on behalf of the corporation for such purpose. The commissioner chief executive officer may initiate investigations, hearings, and take other necessary measures to ensure compliance with the provisions of this chapter article or to determine whether violations exist. If the commissioner chief executive officer finds evidence of any criminal violations, the commissioner he or she shall notify the appropriate prosecuting attorney in the county in which such violation occurred. (b) The commissioner chief executive officer is authorized to provide for the enforcement of this chapter article and the board shall provide for collection of the revenues under this chapter article by rule and regulation. (c) The commissioner chief executive officer may delegate to an authorized representative any authority given to the commissioner chief executive officer by this chapter article, including the conduct of investigations, imposing of fees and fines, and the holding of hearings.
48-17-13. 50-27-82. (a) If any owner or operator of any bona fide coin operated amusement machine in this state shall violate any provision of this chapter article or any rule and regulation promulgated under this chapter article, the commissioner corporation may investigate the violation and may seek sanctions, including late fees of $50.00 for failure to pay

2910

JOURNAL OF THE HOUSE

timely permit sticker fees, $125.00 for failure to pay timely the master license fee, suspension or revocation of a license, seizure of equipment, interest penalty, and debarment for repeat offenders. (b) No person other than an owner shall intentionally remove a current tax permit sticker from a bona fide coin operated amusement machine or from the location where the machine is located. Any person who violates this subsection shall be guilty of a misdemeanor. (c) A person who owns or operates bona fide coin operated amusement machines without a current master license or without a permit sticker on display shall be guilty of a misdemeanor. (d) A person who knowingly secures or attempts to secure makes a material false statement on any application or renewal application for a master license or permit sticker under this chapter article by fraud, misrepresentation, or subterfuge or makes a material false entry on any book, record, or report which is compiled, maintained, or submitted to the corporation pursuant to the provisions of this article is 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 $25,000.00, or both. (e) Any person who knowingly uses a sticker for the purpose of engaging in unlawful gambling shall be guilty of a misdemeanor. (f) Any bona fide coin operated amusement machine not having the required master license or permit stickers may be seized and confiscated by the commissioner or his corporation's agents or employees and sold at public auction after 30 days' advertisement. Upon payment of the license required, the commissioner corporation may return any property so seized and confiscated and compromise any tax fee or penalty assessed. The owner from whom the bona fide coin operated amusement machine is seized may, at any time within ten days after the seizure, repossess the property by filing with the commissioner corporation a bond, in cash or executed by a surety company authorized to do business in this state, in double amount of the tax and penalties due. Within 30 days after the bond has been filed, the owner must bring an action in a court of competent jurisdiction to have the seizure set aside; otherwise, the bond so filed must shall be declared forfeited to the commissioner corporation. (g)(f) The commissioner chief executive officer or an authorized representative of the commissioner thereof may seal in a manner that will prevent its full operation any such bona fide coin operated amusement machine that is in commercial use available to the public for play whose master license or sticker under this chapter article has been suspended or revoked, upon which the fee has not been paid, or that is not registered with the commissioner corporation under this chapter article. Whoever shall break the seal affixed by the commissioner chief executive officer or an authorized representative of the commissioner thereof without the commissioner's chief executive officer's approval or whoever shall provide in commercial use available to the public for play any such bona fide coin operated amusement machine after said the seal has been broken without the commissioner's chief executive officer's approval or whoever shall remove any bona fide coin operated amusement machine from its location after the

WEDNESDAY, MARCH 20, 2013

2911

same has been sealed by the commissioner chief executive officer shall be guilty of a misdemeanor. The commissioner corporation shall charge a fee of $75.00 for the release of any bona fide coin operated amusement machine which is sealed. The fee shall be paid to the commissioner corporation.
48-17-14. 50-27-83. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any other provision of this title Title 48 as it existed prior to July 1, 2010, shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to July 1, 2010, are expressly preserved and declared to be legal and valid obligations to the state. (b) The enactment and amendment of this chapter article shall not affect offenses committed or prosecutions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense. (c) Nothing in this chapter article shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in violation of the laws or Constitution of this state.
48-17-15. 50-27-84. (a) As used in this Code section, the term:
(1) 'Amusement or recreational establishment' means an open-air establishment frequented by the public for amusement or recreation. Such an establishment shall be in a licensed fixed location located in this state and which has been in operation for at least 35 years. (2) 'Business location' means any structure, vehicle, or establishment where a business is conducted. (3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. Revenue from the sale of goods and services at wholesale shall not be included. (b)(1) No business location owner or business location operator shall derive more than 50 percent of such business location owner's or business location operator's monthly gross retail receipts for the business location in which the Class B bona fide coin operated amusement machine or machines are situated from such Class B bona fide coin operated amusement machines. (2) Except as authorized by a local ordinance, no business location owner or business location operator shall offer more than nine Class B bona fide coin operated

2912

JOURNAL OF THE HOUSE

amusement machines to the public for play in the same business location; provided, however, that this limitation shall not apply to an amusement or recreational establishment. (c) For each business location which offers to the public one or more Class B bona fide coin operated amusement machines, the business location owner or business location operator shall prepare a monthly verified report setting out separately by location in Georgia: (1) The the gross retail receipts from the Class B bona fide coin operated amusement machines; and (2) The the gross retail receipts for the business location; and (3) The net receipts of the Class B machines. Upon request, the business owner or business operator shall supply such monthly reports to the commissioner. The department shall be authorized to audit any records for any such business location. (c.1) Each person holding a Class B master license shall prepare a monthly verified report setting out separately by location in Georgia: (1) The gross receipts from the Class B machines which the master licensee maintains; and (2) The net receipts of the Class B machines. (d) In accordance with the provisions of Code Section 48-17-4 50-27-73 and the procedures set out in Code Sections 48-17-5 and 48-17-6 50-27-74 and 50-27-75, the commissioner corporation may fine an applicant or holder of a license, refuse to issue or renew a location license or master license, or revoke or suspend a location license or master license for single or repeated violations of subsection (b) of this Code section. (e) A business location owner or business location operator shall report the information prescribed in this Code section in the form required by the commissioner corporation. Such report shall be submitted in an electronic format approved by the commissioner corporation. (f) Beginning on August 20, 2013, and on the twentieth day of each month thereafter, for the previous month, the reports required by subsections (c) and (c.1) of this Code section shall be supplied to the corporation on forms provided by the corporation, including electronic means. The corporation shall be authorized to audit any records for any such business location or master licensee subject to this Code section. The corporation may contract with any state agencies to perform the audits authorized by this Code section, and it may contract or enter into a memorandum of understanding with the Department of Revenue to enforce the provisions of this Code section.
48-17-16. 50-27-85. (a) Except as specifically provided in this article, for For single or repeated violations of this chapter article by a business location owner or business location operator who offers one or more bona fide coin operated amusement machines for play by the public, the commissioner corporation may impose the following penalties on such a business location owner or business location operator:

WEDNESDAY, MARCH 20, 2013

2913

(1) A civil fine in an amount specified in rules and regulations promulgated in accordance with this chapter article; or (2) For a third or subsequent offense, a suspension or revocation of the privilege of offering one or more bona fide coin operated amusement machines for play by the public. (b) Before a penalty is imposed in accordance with this Code section, a business location owner or business location operator shall be entitled to at least 30 days' written notice and, if requested, a hearing as provided in Code Section 50-27-74. Such written notice shall be served in the manner provided for written notices to applicants and holders of licenses in subsection (b) of Code Section 48-17-5 50-27-74, and an order imposing a penalty shall be delivered in the manner provided for delivery of the commissioner's corporation's orders to applicants for licenses and holders of licenses in Code Section 48-17-6 50-27-75. (c) In the case of a suspension or revocation in accordance with this Code section, the commissioner corporation shall require the business location owner or business location operator to post a notice in the business location setting out the period of the suspension or revocation. No applicant or holder of a license or permit shall allow a bona fide coin operated amusement machine under the control of such applicant or holder of a license or permit to be placed in a business location owned or operated by a business location owner or business location operator who has been penalized by a suspension or revocation during the period of the suspension or revocation.
48-17-17. 50-27-86. In addition to the state regulatory provisions regarding bona fide coin operated amusement machines contained in Code Section 16-12-35 and this chapter article, 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) Prohibiting 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 location owner or business location 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

2914

JOURNAL OF THE HOUSE

authority as a penalty for conviction of the business location owner or business location 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; (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 location owner or business location operator subject to paragraph (1) of subsection (b) of Code Section 48-17-15 50-27-84 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 50-27-84; (7) Requiring the business location owner or business location 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 location owner or business location 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.

WEDNESDAY, MARCH 20, 2013

2915

50-27-87. (a)(1) Except as provided in this Code section, a person shall not own, maintain, place, or lease a bona fide coin operated amusement machine unless he or she has a valid master license; provided, however, that a manufacturer or distributor may own a bona fide coin operated amusement machine intended for sale to an operator, master licensee, manufacturer, or distributor. (2) A master licensee shall only place or lease bona fide coin operated amusement machines for use in Georgia in a licensed location owner's or location operator's establishments. (3) To be eligible as a master licensee, the person shall not have had a gambling license in any state for at least five years prior to obtaining or renewing a Georgia master's license. (4) On or after July 1, 2013, no person with or applying for a master license shall have an interest in any manufacturer, distributor, location owner, or location operator in this state. Additionally, no group or association whose membership includes manufacturers, distributors, operators, master licensees, location owners, or location operators shall obtain a master license nor shall they form an entity which acts as a master licensee, operator, location owner, or location operator for the purpose of obtaining a master license. (5) Failure to adhere to the provisions of this subsection shall result in a fine of not more than $50,000.00 and loss of the license for a period of one to five years per incident and subject the master licensee to the loss of any other state or local license held by the master licensee. The corporation shall notify any state or federal agency that issues a license to such master licensee of the breach of its duties under this article. (b)(1) No bona fide coin operated amusement machine, its parts, or software or hardware shall be placed or leased in any location owner's or location operator's establishment except by a master licensee and only if the owner or agent of the location owner or location operator has entered into a written agreement with a master licensee for placement of the bona fide coin operated amusement machine. Beginning on July 1, 2013, no person with or applying for a location owner's or location operator's license shall have an interest in any person or immediate family member of a person with a master license, or doing business as a distributor, or manufacturer in this state. A location owner or location operator may sell a bona fide coin operated amusement machine to anyone except another location owner or location operator. Failure to adhere to this subsection shall result in a fine of not less than $50,000.00 and loss of the location owner's or location operator's license for a period of one to five years per incident and subject the location owner or location operator to the loss of any other state or local licenses held by the location owner or location operator. The corporation shall notify any state or federal agency that issues a license to such location owner or location operator of the breach of its duties under this article.

2916

JOURNAL OF THE HOUSE

(2) A copy of the written agreement shall be on file in the master licensee's and the location owner's and location operator's place of business and available for inspection by individuals authorized by the corporation. (3) Any written agreement entered into after the effective date of this article shall be exclusive as between one bona fide coin operated amusement machine master licensee and one location owner or location owner per location. (c) No person shall receive a portion of any proceeds or revenue from the operation of a bona fide coin operated amusement machine except the operator, location owner, or location operator, notwithstanding Code Section 50-27-102. No commission or fee shall be awarded for the facilitation of a contract or agreement between a master licensee and a location owner or location operator; provided, however, that an employee of a master licensee may receive compensation, including a commission, for such agreements or contracts. A master licensee shall not pay a commission or provide anything of value to any person who is an employee, independent contractor, or immediate family member of a location owner or location operator. (d) This Code section shall only apply to manufacturers, distributors, operators, master licensees, and location owners or location operators of Class B machines.
50-27-87.1. The following acts or practices are deemed unfair methods of competition and unfair and deceptive acts under this article:
(1) Until the corporation certifies that the Class B accounting terminal authorized by Code Section 50-27-101 is implemented, a master licensee, location owner, or location operator retaining more than 50 percent of the net monthly proceeds for the operation of a Class B machine; (2) A master licensee or owner entering into an agreement with a manufacturer or distributor:
(A) That grants the owner or master licensee exclusive rights to own, maintain, place, or lease a type, model, or brand of bona fide coin operated amusement machine in this state; or (B) For the lease of a bona fide coin operated amusement machine, its parts, or software or hardware; (3) A location owner or location operator asking, demanding, or accepting anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees from a master licensee, as an incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. A location owner that violates this subsection shall have all of the location owner's state business licenses revoked for a period of one to five years per incident. The location owner also shall be fined up to $50,000.00 per incident and required to repay any incentive fees or other payments received from the operator; and

WEDNESDAY, MARCH 20, 2013

2917

(4) An operator, master licensee, or individual providing anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees to a location owner or location operator, as any incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. An operator, master licensee, or individual who violates this subsection shall have all of his or her state business licenses revoked for a period of one to five years per incident. The individual, owner, or master licensee also shall be fined up to $50,000.00 per incident.
50-27-88. (a) The corporation shall establish rules or policies, with the advice and consent of the Bona Fide Coin Operated Amusement Machine Operator Advisory Board, to establish or create:
(1) Forms and information reasonably required for the submission of a license application; and (2) Procedures to ensure that applicants for a license provide the identical name and address of the applicant as stated in the application for a license required by local governing authorities and specify the premises where the licensee shall have its place of business. (b) Any legal entity, including but not limited to all partnerships, limited liability companies, and domestic or foreign corporations, lawfully registered and doing business under the laws of Georgia or the laws of another state and authorized by the Secretary of State to do business in Georgia which seeks to obtain a license for bona fide coin operated amusement machines may be permitted to apply for a license in the name of the legal entity as it is registered in the office of the Secretary of State; provided, however, that: (1) In its application for any bona fide coin operated amusement machine license, the legal entity shall provide the corporation with the name and address of its agent authorized to receive service of process under the laws of Georgia, together with a listing of its current officers and their respective addresses; (2) Any change in the status of licensee's registered agent, including but not limited to change of address or name, shall be reported to the corporation within ten business days of such occurrence; (3) In the event that a legal entity shall fail to appoint or maintain a registered agent in Georgia as required by law, or whenever its registered agent cannot with due diligence be found at the registered office of the business as designated in its application for license, the chief executive officer shall be appointed agent to receive any citation for violation of the provisions of this article; (4) Process may be served upon the chief executive officer by leaving with the chief executive officer duplicate copies of such citations;

2918

JOURNAL OF THE HOUSE

(5) In the event that the notice of citation is served upon the chief executive officer or one of the chief executive officer's designated agents, the chief executive officer shall immediately forward one of the copies to the business at its registered office; (6) Any service made upon the chief executive officer shall be answerable within 30 days; and (7) The corporation shall keep a record of all citations served upon the chief executive officer under this article and shall record the time of service and the disposition of that service.
50-27-89. (a) There shall be a Bona Fide Coin Operated Amusement Machine Operator Advisory Board to be composed of ten members. The chief executive officer of the corporation shall serve as a member. Two members shall be appointed by the Speaker of the House of Representatives, two members by the Lieutenant Governor, and five members by the Governor; at least one appointee shall be a licensed location owner or location operator. At least seven members shall be Georgia operators with current master licenses representing the broadest possible spectrum of business characteristics of bona fide coin operated amusement machine operators. (b) Members appointed to the advisory board shall serve terms of four years. Upon the expiration of a member's term of office, a new member appointed in the same manner as the member whose term of office expired as provided in subsection (a) of this Code section shall become a member of the advisory board and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the advisory board, a new member shall be appointed for the unexpired term of office by the official who appointed the vacating member. Members may be reappointed to additional terms. (c) The advisory board shall establish its own policies and internal operating procedures. Members of the advisory board shall serve without compensation or reimbursement of expenses. The advisory board may report to the corporation in writing at any time. The corporation may invite the advisory board to make an oral presentation to the corporation. (d) The advisory board shall have the exclusive authority to initiate a process to determine a variety of cost-effective, efficacious, and fiscally responsible approaches for consideration by the corporation of a Class B accounting terminal authorized by Code Section 50-27-101. The advisory board shall be further authorized to contract with the Department of Administrative Services to develop a request for proposal to receive bids to provide the Class B accounting terminal and shall submit a minimum of three recommended proposals to the corporation unless only two vendors respond. The corporation shall select one of the recommended proposals to serve as the Class B accounting terminal vendor. (e) No advisory board member, corporation member, or immediate family of either may own a substantial interest in or be an employee, independent contractor, agent, or officer of any vendor recommended to or selected by the corporation. For the purposes

WEDNESDAY, MARCH 20, 2013

2919

of this Code section, 'substantial interest' means the direct or indirect ownership of any privately held assets or stock or over $5,000.00 in publicly traded stock.
Part 2 50-27-100. The General Assembly finds that:
(1) There is a compelling state interest in ensuring the most efficient, honest, and accurate regulation of the bona fide coin operated amusement machine industry in this state; and (2) The most efficient, accurate, and honest regulation of the bona fide coin operated amusement machine industry in this state can best be facilitated by establishing a Class B accounting terminal to which all Class B machines will be linked by a communications network to provide superior capability of auditing, reporting, and regulation of the coin operated amusement machine industry.
50-27-101. (a) In cooperation with the Bona Fide Coin Operated Amusement Machine Operator Advisory Board established under Code Section 50-27-89, the corporation shall procure a Class B accounting terminal linked by a communications network through which all Class B machines in a location shall connect to a single point of commerce for the purpose of accounting and reporting to the state. In no event shall the terminal approved by the corporation limit participation to only one manufacturer or one type of bona fide coin operated amusement machine. Consideration shall be given to the cost associated with retrofitting all existing Class B machines and efforts made to minimize that cost. (b) Six months after the procurement of a Class B accounting terminal and successful pilot testing, all Class B machines shall be linked by a communications network to a Class B accounting terminal for purposes of monitoring and reading device activities as provided for in this Code section. When the corporation is satisfied with the operation of the Class B accounting terminal it shall certify the effective status of the Class B accounting terminal and notify all licensees of such certification. (c) The Class B accounting terminal shall be designed and operated to allow the monitoring and reading of all Class B machines for the purpose of compliance with regard to their obligations to the state. The Class B accounting terminal shall be located within and administered by the corporation. (d) The Class B accounting terminal shall not provide for the monitoring or reading of personal or financial information concerning patrons of bona fide coin operated amusement machines. (e) Any entity that acts as a vendor for the corporation in building, operating, maintaining, or contracting to build, operate, or maintain a Class B accounting terminal shall be prohibited from obtaining a license as an operator or location owner or location operator. As used in this subsection, the term 'entity' shall also include the entity's employees, independent contractors, consultants, or any other person as defined in

2920

JOURNAL OF THE HOUSE

paragraph (15) of subsection (b) of Code Section 50-27-70 which is related to the entity during the time the vendor is involved with providing service as it relates to the Class B accounting terminal for the corporation. (f) Except as provided in subsection (e) of Code Section 50-27-73, nothing in this part shall be construed to provide any authority to the corporation to limit or eliminate Class B machines or to limit, eliminate, or unduly restrict the number of licenses, permits, or certifications for operators or location owners or location operators. (g) The corporation shall not expand, limit, or otherwise alter what constitutes a bona fide coin operated amusement machine and the permitted redemption related items, except that the corporation shall be permitted to authorize any ticket or product of the corporation. (h) The corporation shall be exempt from and not subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The corporation shall allow for notice of and comment on any policies or rules enacted pursuant to this article, including approval by the Bona Fide Coin Operated Amusement Machine Operator Advisory Board.
50-27-102. (a) Upon successful implementation and certification of the Class B accounting terminal under the provisions of Code Section 50-27-101, and for the first fiscal year thereafter, all owners of Class B machines and location owners and location operators shall apportion net receipts as follows:
(1) The location owner or location operator shall: (A) Retain 47.5 percent of the net receipts; and (B) Provide 52.5 percent of the net receipts to the corporation; and
(2) The corporation shall: (A) Retain 5 percent of the net receipts; and (B) Provide, within five business days of receipt, 47.5 percent of the net receipts to the operator holding the Class B master license for the cost of securing, operating, and monitoring the machines.
(b) In each fiscal year after the implementation and certification required by subsection (a) of this Code Section, the corporation's share shall increase 1 percent, taken evenly from the location owner or location operator and the operator, to a maximum of 10 percent. (c) The corporation shall require location owners and location operators to place all bona fide coin operated amusement machine proceeds due the corporation in a segregated account in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, bona fide coin operated amusement machine proceeds shall be deemed to be the property of the corporation. The corporation may require a location owner or location operator to establish a single separate electronic funds transfer account where available for the purpose of receiving proceeds from Class B machines, making payments to the

WEDNESDAY, MARCH 20, 2013

2921

corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each bona fide coin operated amusement machine location owner or location operator shall establish a separate bank account for bona fide coin operated amusement machine proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets. Whenever any person who receives proceeds from bona fide coin operated amusement machines becomes insolvent or dies insolvent, the proceeds due the corporation from such person or his or her estate shall have preference over all debts or demands. If any financial obligation to the corporation has not been timely received, the officers, directors, members, partners, or shareholders of the location owner or location operator shall be personally liable for the moneys owed to the corporation. 50-27-103. The penalties provided for in this article shall be in addition to any criminal penalties that may otherwise be provided by law."
SECTION 1-2. Said title is further amended by reserving the Chapter 17 designation.
PART II SECTION 2-1. Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in gambling, is amended by revising subsection (g) as follows: "(g) Should it appear that any person filing a defense in the action knew, or by the exercise of ordinary care should have known, that the property was used in violation of this Code section, the same shall be sold by order of the court after such advertisement as the court shall direct, and such person shall have no claim upon the property or the proceeds from the sale thereof. Notwithstanding the provisions of subsection (j) of Code Section 16-14-7, in any forfeiture action involving bona fide coin operated amusement machines brought under Code Section 16-14-7 for an alleged violation of 16-14-4, where an alleged violation of this article is used to prove a pattern of racketeering activity as defined in paragraph (8) of Code Section 16-14-3, any property subject to forfeiture under this article shall not be subject to forfeiture unless the state proves the owner of such property had actual knowledge the property was being used in violation of this article."
SECTION 2-2. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to applicability of certain provisions relative to gambling, is amended by revising subsections (a), (h), and (i) and adding new subsections to read as follows:
"(a) As used in this Code section, the term 'some skill' means any presence of the following factors, alone or in combination with one another:
(1) A learned power of doing a thing competently;

2922

JOURNAL OF THE HOUSE

(2) A particular craft, art, ability, strategy, or tactic; (3) A developed or acquired aptitude or ability; (4) A coordinated set of actions, including, but not limited to, eye-hand coordination; (5) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both; (6) Technical proficiency or expertise; (7) Development or implementation of strategy or tactics in order to achieve a goal; or (8) Knowledge of the means or methods of accomplishing a task. The term some skill refers to a particular craft, coordinated effort, art, ability, strategy, or tactic employed by the player to affect in some way the outcome of the game played on a bona fide coin operated amusement machine as defined in paragraph (2) of Code Section 48-17-1 50-27-70. If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the 'some skill' requirement of this Code section." "(g.1) Any location owner or location operator or person employed by a location owner or location operator who violates subsection (h) or (i) of this Code section for the second separate offense shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both, as well as loss of location license and all other state licenses. (h) Any gift certificates, tokens, vouchers, tickets, or other evidence of winnings awarded under subsection (c) or (d) of this Code section must be redeemable only at the premises on which the game or device is located. It shall be unlawful for any person to provide to any other person as a reward for play on any such game or device any gift certificate, token, voucher, ticket, or other evidence of winning which is redeemable or exchangeable for any thing of value at any other premises. It shall be unlawful for any person at any premises other than those on which the game or device is located to give any thing of value to any other person for any gift certificate, token, voucher, ticket, or other evidence of winning received by such other person from play on such game or device. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature. This subsection shall not apply to any ticket or product of the Georgia Lottery Corporation. (i) The merchandise, prizes, toys, gift certificates, novelties, or rewards which may be awarded under subsection (c) or (d) of this Code section may not include or be redeemable or exchangeable for any firearms, alcohol, or tobacco or any lottery ticket or other item enabling participation in any lottery. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature." "(k) Any person, location owner, or location operator who places, provides, or displays a bona fide coin operated amusement machine and offers it to play for consideration in Georgia in an establishment for which the location owner or location operator is not licensed or in a private residence shall be guilty of a felony and, upon conviction, shall

WEDNESDAY, MARCH 20, 2013

2923

be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both."
SECTION 2-3. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended in paragraph (43) by replacing the term "Chapter 17 of this title" with "Chapter 27 of Title 50".

SECTION 2-4. Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to limitation on authority of local government to impose regulatory fee, examples of businesses or practitioners or professions or occupations which may be subject to fees, individuals and entities not subject to fees, and general laws not repealed, is amended in paragraph (20) of subsection (c) by replacing the term "Code Section 48-17-1" with "Code Section 5027-70" and by replacing the term "Code Section 48-17-9" with "Code Section 50-27-78".
SECTION 2-5. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the lottery for education, is amended by revising paragraph (14) of subsection (a) of Code Section 50-27-9, relating to general powers of the lottery corporation, as follows:
"(14) To enter into contracts or agreements with state or local law enforcement agencies, including the Department of Revenue, for the performance of law enforcement, background investigations, and security checks, and auditing and enforcement of license requirements required by Article 3 of this chapter;
PART III SECTION 3-1. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of Section 2-2 of this Act, this Act shall stand repealed by operation of law. (c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited.

2924

JOURNAL OF THE HOUSE

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
Representative Ramsey of the 72nd moved that the House disagree to the Senate substitute to HB 487.
The motion prevailed.
HB 234. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd:
A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; 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 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; 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 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding a new chapter to read as follows:
"CHAPTER 12 13-12-1. As used in this chapter, the term:
(1) 'Automatic renewal provision' means a provision under which a service contract is renewed for a specified period of more than one month if the renewal causes the service contract to be in effect more than six months after the day of the initiation of

WEDNESDAY, MARCH 20, 2013

2925

the service contract. Such renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the service contract. (2) 'Consumer' means a natural person receiving service, maintenance, or repair benefits under a service contract. The term does not include a natural person engaged in business or employed by or otherwise acting on behalf of a governmental entity if the person enters into the service contract as part of or ancillary to the person's business activities or on behalf of the business or governmental entity. (3) 'Seller' means any person, firm, partnership, association, or corporation engaged in commerce that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract. (4) 'Service contract' means a written contract for the performance of services for a specified period of time.
13-12-2. Any seller that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract that has an automatic renewal provision shall disclose the automatic renewal provision clearly and conspicuously in the contract or contract offer.
13-12-3. Any seller that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract for a specified period of 12 months or more and that automatically renews for a specified period of more than one month, unless the consumer cancels the contract, shall provide the consumer with written or electronic notification of the automatic renewal provision. Notification shall be provided to the consumer no less than 30 days or no more than 60 days before the cancellation deadline pursuant to the automatic renewal provision. Such notification shall disclose clearly and conspicuously:
(1) That unless the consumer cancels the contract, the contract will automatically renew; and (2) The methods by which the consumer may obtain details of the automatic renewal provision and cancellation procedure, including contacting the seller at a specified telephone number or address, referring to the contract, or any other method.
13-12-4. This chapter shall not apply to:
(1) A financial institution as provided in Chapter 1 or 2 of Title 7 or any depository institution as defined in 12 U.S.C. Section 1813(c)(2); (2) A foreign bank maintaining a branch or agency licensed under the laws of any state of the United States; (3) Any subsidiary or affiliate of an entity provided in paragraph (1) or (2) of this Code section; (4) Any electric utility as provided in Chapter 3 of Title 46; (5) Any entity regulated pursuant to Chapter 45 of Title 43; or

2926

JOURNAL OF THE HOUSE

(6) Any county, municipal corporation, authority, or local government or governing body.

13-12-5. A violation of this chapter renders the automatic renewal provision of a contract void and unenforceable."

SECTION 2. This Act shall become effective on July 1, 2013, and shall apply only to contracts entered into on or after that date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 70th offers the following amendment:

Amend the substitute to HB 234 (HB 234/SCSFA/2) by striking line 19 and inserting in lieu thereof the following:
(2) 'Consumer' means a natural person or a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 receiving service, maintenance, or repair benefits

Representative Smith of the 70th moved that the House agree to the Senate substitute, as amended by the House, to HB 234.

On the motion, the roll call was ordered and the vote was as follows:

E Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt
Houston Y Howard Y Hugley Y Jackson Y Jacobs

Y McCall Meadows
Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T

WEDNESDAY, MARCH 20, 2013

2927

Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M
Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jasperse Y Jones, J Y Jones, L E Jones, S
Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

E Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw E Sheldon Y Sims, B

Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 164, nays 2.

The motion prevailed.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 762. By Representatives Martin of the 49th, Riley of the 50th, Ramsey of the 72nd and Ralston of the 7th:

A RESOLUTION congratulating Mrs. Sandra Cauley, Mrs. Georgia United States 2013, and inviting her to be recognized by the House of Representatives; and for other purposes.

HR 763. By Representative Kidd of the 145th:

A RESOLUTION commending Willie Julian "Bill" Usery, Jr., and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 764. By Representatives Rice of the 95th and Marin of the 96th:

A RESOLUTION recognizing and commending the Norcross High School girls basketball team on their 2013 GHSA Class AAAAAA State Championship win and inviting them to be recognized by the House of Representatives; and for other purposes.

2928

JOURNAL OF THE HOUSE

HR 765. By Representatives Rice of the 95th and Marin of the 96th:
A RESOLUTION congratulating the Norcross Blue Devils boys basketball team on their 2013 Class AAAAAA State Championship win and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 766. By Representatives Ralston of the 7th, Wilkinson of the 52nd, O`Neal of the 146th, Brooks of the 55th and Smyre of the 135th:
A RESOLUTION honoring the memory of Mr. Dick Pettys, expressing regret at his passing, designating a portrait commissioned by members of the House of Representatives to be displayed in the Coverdell Legislative Office Building in his honor, and inviting members of his family to be recognized by the House of Representatives; and for other purposes.
HR 767. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Mr. Gardner Wright and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 488. By Representatives Roberts of the 155th, Ralston of the 7th, O`Neal of the 146th and England of the 116th:
A RESOLUTION recognizing and commending Roberto Roy and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 636. By Representatives Abrams of the 89th, Pak of the 108th, Henson of the 86th, Bell of the 58th, Carter of the 175th and others:
A RESOLUTION recognizing the month of April, 2013, as Genocide Prevention and Awareness Month at the capitol and inviting the Georgia Coalition to Prevent Genocide to be recognized by the House of Representatives; and for other purposes.
HR 722. By Representatives Carson of the 46th, Marin of the 96th, Williamson of the 115th, Hamilton of the 24th, Ehrhart of the 36th and others:

WEDNESDAY, MARCH 20, 2013

2929

A RESOLUTION recognizing March 20, 2013, as Boy Scout Day at the capitol and inviting a designee from each council of the Georgia Councils of the Boy Scouts of America to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 768. By Representative Dickerson of the 113th:
A RESOLUTION recognizing and commending Chairwoman Kathryn G. Morgan on her outstanding accomplishments; and for other purposes.
HR 769. By Representative Lumsden of the 12th:
A RESOLUTION congratulating the Trion High School competition cheerleading team for their 2012 GHSA Class A Public Cheerleading Championship win; and for other purposes.
HR 770. By Representative Meadows of the 5th:
A RESOLUTION recognizing and commending Alec Garren McGaskey; and for other purposes.
HR 771. By Representative Ralston of the 7th:
A RESOLUTION commending the House Interns for the 2013 Regular Session; and for other purposes.
HR 772. By Representatives Thomas of the 56th, Alexander of the 66th, Bruce of the 61st and Jones of the 62nd:
A RESOLUTION recognizing and commending Mr. Lionel Daniels; and for other purposes.
HR 773. By Representatives Thomas of the 56th, Alexander of the 66th, Stovall of the 74th, Jones of the 53rd, Bell of the 58th and others:
A RESOLUTION recognizing and commending Gabrielle Douglas; and for other purposes.

2930

JOURNAL OF THE HOUSE

HR 774. By Representative Allison of the 8th:
A RESOLUTION commending the Towns County High School Lady Indians Cross Country Team for their significant achievements; and for other purposes.
HR 775. By Representatives Waites of the 60th and Welch of the 110th:
A RESOLUTION recognizing and commending June R. Wood on the occasion of her retirement; and for other purposes.
HR 776. By Representatives Tanner of the 9th and Ralston of the 7th:
A RESOLUTION congratulating the Dawson County High School Lady Tigers basketball team for their excellent performance at the GHSA Class AAA State Championship game; and for other purposes.
HR 777. By Representative Parrish of the 158th:
A RESOLUTION recognizing and commending Mr. Richard M. McNeely; and for other purposes.
HR 778. By Representative Fludd of the 64th:
A RESOLUTION recognizing and commending Mike and Cheryl Cater for 25 years of service as house parents at Christian City Home for Children; and for other purposes.
HR 779. By Representatives Stover of the 71st, Smith of the 70th and Epps of the 132nd:
A RESOLUTION commending Dr. Bob Heaberlin, the Association of Middle Level Education's 2012-2013 National Distinguished Educator of the Year; and for other purposes.
HR 780. By Representatives Williamson of the 115th, Rice of the 95th, Clark of the 98th, Chandler of the 105th, Abrams of the 89th and others:
A RESOLUTION recognizing and commending Capitol Commission and Pastor Ron J. Bigalke; and for other purposes.
Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:

WEDNESDAY, MARCH 20, 2013

2931

Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 177 Do Pass, by Substitute
Respectfully submitted, /s/ Stephens of the 164th
Chairman
Representative Benton of the 31st District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 62 Do Pass
Respectfully submitted, /s/ Benton of the 31st
Chairman
Representative Rice of the 95th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 121 Do Pass, by Substitute SB 231 Do Pass, by Substitute
Respectfully submitted, /s/ Rice of the 95th
Chairman

2932

JOURNAL OF THE HOUSE

Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, MARCH 21, 2013

2933

Representative Hall, Atlanta, Georgia

Thursday, March 21, 2013

Thirty-Sixth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Abrams Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague E Bell E Bennett Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter E Casas Chandler Channell Cheokas E Clark, J Clark, V Coleman

Cooke Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson E Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton Ehrhart England Epps, J E Evans Fleming Floyd Fludd Frazier Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene

Gregory Hamilton Harbin Harden Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Howard Hugley Jackson Jacobs Jasperse Jones, J Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kirby Knight Lindsey Lumsden Mabra Marin Martin Maxwell Mayo

McCall Meadows Mitchell Morgan Mosby Murphy Neal Nimmer Nix O'Neal E Pak Parrish Parsons Peake Pezold Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Sharper Shaw Sims, B Smith, E Smith, L

Smith, M E Smith, R
Smyre Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Weldon E Wilkerson Wilkinson Willard E Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Fullerton of the 153rd, Harrell of the 106th, Kidd of the 145th, Oliver of the 82nd, and Powell of the 32nd.

2934

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Prayer was offered by Reverend Tony Brock, Senior Pastor, Hope and Life Fellowship, Snellville, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 643. By Representatives Willard of the 51st, Lindsey of the 54th, Jacobs of the 80th, Ramsey of the 72nd, Welch of the 110th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to change provisions relating to general provisions governing discovery; to provide for discovery of electronically stored information; to provide for preservation of electronically stored information; to change provisions relating to production of documents and things and entry upon land for inspection and other purposes; to correct a cross-reference; to change

THURSDAY, MARCH 21, 2013

2935

provisions relating to failure to make discovery; to change provisions relating to subpoenas for taking depositions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 644. By Representatives Taylor of the 79th and Brockway of the 102nd:
A BILL to be entitled an Act to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to require issuers of health benefits plans which utilize drug formularies to make certain disclosures to enrollees; to provide for definitions; to require notice to an enrollee of a modification affecting drug coverage; to provide that certain copayment or cost-sharing amounts continue to apply for a certain duration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 645. By Representatives Dollar of the 45th, Taylor of the 173rd, Shaw of the 176th, Rogers of the 29th, Murphy of the 127th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance, so as to define certain terms; to provide for the electronic transmission of notices and documents from an insurer to a party to an insurance transaction; to provide for consent; to provide for applicability; to provide for verification and acknowledgment of receipt; to provide for notarized, acknowledged, verified documents and documents made under oath; to provide for oral statements; to provide for related maters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 646. By Representatives Fleming of the 121st, Harbin of the 122nd, Sims of the 123rd and McCall of the 33rd:
A BILL to be entitled an Act to amend Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the Magistrates Retirement Fund of Georgia, so as to provide that part-time chief magistrates may become members of such fund; to provided for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

2936

JOURNAL OF THE HOUSE

Referred to the Committee on Retirement.
HB 647. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to provide for the establishment of convention and tourism special districts within certain areas of the state; to amend said Title 36 and Title 16 of the O.C.G.A., the "Criminal Code of Georgia," so as to provide that a special district shall be a drug-free commercial zone and to provide for the punishment of certain drug and controlled substance offenses within such zone; to provide for heightened punishment of certain aggravated assaults and aggravated batteries within a special district; to provide for other related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 648. By Representatives Harrell of the 106th, Roberts of the 155th and Martin of the 49th:
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 provisions relating to the taxation of motor fuels; to change provisions relating to the second motor fuel tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 649. By Representatives Harrell of the 106th, Roberts of the 155th and Martin of the 49th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to counties, municipal corporations, and other governmental entities in general, so as to provide for the completion and submission of annual audit reports by community improvement districts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 650. By Representatives Kidd of the 145th, Sims of the 169th and Sharper of the 177th:

THURSDAY, MARCH 21, 2013

2937

A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of a state sales and use tax, so as to provide for a variable rate of such tax based on the place of manufacture of the product sold in this state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 651. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to add public transit to the authorized purposes for the proceeds of such tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 652. By Representatives Kelley of the 16th, Fleming of the 121st, Gravley of the 67th, Duncan of the 26th, Strickland of the 111th and others:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry weapon, temporary renewal permit, and mandamus, so as to provide that all records of the judge of probate court regarding weapons carry licenses shall be confidential and not open to public inspection and shall not be disclosed; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HR 756. By Representative Kidd of the 145th:
A RESOLUTION requesting that the Governor of Georgia recognize the economic impact that the closing of Central State Hospital and the closing of the Georgia Power Plant Branch will have on the counties of Baldwin, Hancock, and Putnam; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HR 757. By Representatives Gardner of the 57th, Beasley-Teague of the 65th, Bruce of the 61st, Jones of the 62nd, Marin of the 96th and others:

2938

JOURNAL OF THE HOUSE

A RESOLUTION urging the Department of Community Affairs to adopt critically needed changes to the federally funded HomeSafe Georgia program in order to accomplish its purpose to prevent home foreclosure for Georgia families due to unemployment and other causes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HR 758. By Representatives Allison of the 8th, Ralston of the 7th, Golick of the 40th, Jones of the 47th, O`Neal of the 146th and others:
A RESOLUTION requesting that the Tennessee Valley Authority extend the recreational season on certain lakes; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 759. By Representative Shaw of the 176th:
A RESOLUTION honoring the life of Governor Eurith Dickson "Ed" Rivers and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 760. By Representatives Kelley of the 16th, Ramsey of the 72nd, Peake of the 141st, Roberts of the 155th, Watson of the 166th and others:
A RESOLUTION requesting that Congress oppose a new tax on the Medicare Prescription Drug Plan; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 761. By Representative Houston of the 170th:
A RESOLUTION honoring the life of Mr. Jim McClelland, Sr., and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:

THURSDAY, MARCH 21, 2013

2939

HB 653. By Representatives Cheokas of the 138th and Rynders of the 152nd:

A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3039), and by an Act approved March 26, 1980 (Ga. L. 1980, p. 4247), so as to change the compensation of the judge of such court; to change the provisions regarding the practice of law by such judge; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 826. By Representatives Neal of the 2nd, England of the 116th, Lindsey of the 54th, Sheldon of the 104th, Dickson of the 6th and others:

A RESOLUTION creating the House Human Embryonic Research Study Committee; and for other purposes.

Referred to the Committee on Health & Human Services.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 608 HB 610 HB 612 HB 614 HB 616 HB 618 HB 620 HB 622 HB 624 HB 626 HB 628 HB 630 HB 632 HB 634 HB 636 HB 638 HB 640 HB 642 HR 740 HR 755

HB 609 HB 611 HB 613 HB 615 HB 617 HB 619 HB 621 HB 623 HB 625 HB 627 HB 629 HB 631 HB 633 HB 635 HB 637 HB 639 HB 641 HR 739 HR 741 SB 249

2940

JOURNAL OF THE HOUSE

Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

Your Committee on Health and Human Services has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 216 SR 413

Do Pass, by Substitute Do Pass

Respectfully submitted, /s/ Cooper of the 43rd
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 380 HB 561 HB 589 HB 591 HB 594 HB 598 HB 604 SB 223

Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 528 HB 575 HB 590 HB 593 HB 596 HB 603 SB 222

Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

THURSDAY, MARCH 21, 2013

2941

HR 534 HR 721 HR 763 HR 767

Do Pass Do Pass Do Pass Do Pass

HR 720 HR 762 HR 766

Do Pass Do Pass Do Pass

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, MARCH 21, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

Modified Open Rule

DEBATE CALENDAR

HR 644 SB 11 SB 14 SB 76 SB 82 SB 87 SB 97 SB 140 SB 170 SB 187
SR 113
SR 267

House Study Committee on Timber Security; create (Judy-Willard-51st) Georgia Geospatial Advisory Council; reestablish; membership; duties (Substitute)(NR&E-Knight-130th) Carter-1st Georgia Alzheimer's and Related Dementias State Plan Task Force; create (HumR-Benton-31st) Unterman-45th Returning Veterans Task Force; create; membership (D&VA-Hitchens161st) Jackson-2nd Education; change designations from North Georgia College to the University of North Georgia (HEd-Tanner-9th) Gooch-51st Roadside Markets Incentive Program; repeal (A&CA-Kirby-114th) Ginn-47th Agricultural Commodity Commission for Beef; create; membership; powers (A&CA-Watson-172nd) Wilkinson-50th Insurance; include contracts, agreements, and instruments for repair of a motor vehicle (Ins-Maxwell-17th) Murphy-27th Forgery and Fraudulent Practices; identity fraud; add medical identity fraud (Substitute)(JudyNC-Gravley-67th) Hill-32nd State Government; provide exemption for the board of commissioners of Georgia Student Finance Commission; board of directors (Substitute)(JudyNC-Dollar-45th) Hill-32nd Public Property; granting of restrictive and nonexclusive easements for operation/maintenance of facilities, utilities 16 counties (Substitute) (SProp-Neal-2nd) Jackson-24th U.S. Army Corps of Engineers; urge to close Noyes Cut in the Satilla River System (NR&E-Spencer-180th) Ligon, Jr.-3rd

2942

JOURNAL OF THE HOUSE

Modified Structured Rule

Pursuant to Rule 33.3, debate on SB 179 shall be limited to no longer than one hour.
Time to be allocated at the discretion of the Speaker.

SB 179 SB 236

Public Contracts; if sealed competitive proposal requested/price or project cost not a selection factor; no bid bond shall be required (Substitute) (Judy-Lindsey-54th) Hill-6th (AM 28 1248) Insurance; require insurers; indicate amount of the premium increase; Patient Protection and Affordable Care Act (Substitute)(Ins-Atwood-179th) Jones-25th

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 604. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:

A BILL to be entitled an Act to amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), so as to provide for dates on which the governing authority of Fulton County may make or fix certain levies of ad valorem taxes; to provide for procedures related thereto; to cite a certain constitutional authorization; to 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 Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins N Henson

Y McCall Y Meadows N Mitchell
Morgan Y Morris N Mosby N Murphy

Sims, C N Smith, E
Smith, L N Smith, M E Smith, R N Smyre Y Spencer

THURSDAY, MARCH 21, 2013

2943

Y Battles E Beasley-Teague E Bell N Bennett
Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickson E Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England
Epps, C Y Epps, J E Evans Y Fleming Y Floyd N Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton
Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes
Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S E Jordan N Kaiser Y Kelley N Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Neal Y Nimmer
Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

N Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner
Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 108, nays 46.

The Bill, having received the requisite constitutional majority, was passed.

HB 594. By Representatives Martin of the 49th, Jones of the 47th, Lindsey of the 54th, Riley of the 50th, Dudgeon of the 25th and others:

A BILL to be entitled an Act to amend an Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to define certain terms; to provide that all future employees of Fulton County other than public safety employees shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes.

2944

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell N Bennett
Bentley Y Benton
Beverly Y Black
Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson E Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England
Epps, C Y Epps, J E Evans Y Fleming N Floyd N Fludd N Frazier N Frye
Fullerton N Gardner Y Gasaway Y Geisinger N Glanton
Golick N Gordon Y Gravley
Greene Y Gregory

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S E Jordan N Kaiser Y Kelley N Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Randall Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M E Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 106, nays 47.

The Bill, having received the requisite constitutional majority, was passed.

HB 598. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Wilkinson of the 52nd, Geisinger of the 48th and others:

A BILL to be entitled an Act to provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of

THURSDAY, MARCH 21, 2013

2945

Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; to 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 Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell N Bennett
Bentley Y Benton
Beverly Y Black
Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell
Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson E Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England
Epps, C Y Epps, J E Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton
Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S E Jordan N Kaiser Y Kelley N Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw
Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M E Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 107, nays 47.

The Bill, having received the requisite constitutional majority, was passed.

2946

JOURNAL OF THE HOUSE

HB 380. By Representatives Riley of the 50th, Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor and funding agent of such plan; to provide for the administration of the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing 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 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor and funding agent of such plan; to provide for the administration of the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing 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 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), is amended by revising Article XII of the plan as follows:
"ARTICLE XII ADMINISTRATION
SECTION 12.01. Pension board, appointment, and term of office.

THURSDAY, MARCH 21, 2013

2947

(a) The Board of Education of Fulton County shall be the plan sponsor and funding agent and shall have full responsibility and authority for interpreting and implementing the plan. (b) Administration of the plan shall be carried out under the direction of the board of education by a committee of the board of education which shall be known as the 'pension board' and which shall consist of seven voting members and one nonvoting member. Except as otherwise provided in subsection (b.1) of this section, members shall be qualified and chosen as follows:
(1) The superintendent of the Fulton County School System, ex officio, who shall not have a vote; (2) The chief financial officer of the Fulton County School System, ex officio; (3) The executive director of fiscal services of the Fulton County School System, ex officio; and (4) Two members nominated by the pension board and appointed by the board of education for four-year terms who shall be former teachers or employees of the board of education and who shall be pensioners; (5) Two members nominated by the pension board and appointed by the board of education for four-year terms who shall be active teachers or employees of the board of education and participants in the plan; and (6) One member nominated by the pension board and appointed by the board of education for a four-year term who shall be a school administrator within the Fulton County School System and a participant in the plan. (b.1)(1) The terms of office of the members of the pension board serving on the effective date of this Act shall end on the 30th day following the effective date of this Act. The initial members shall be as provided in subsection (b) of this section; provided, however, that the board of education shall appoint members from plan participant groups according to paragraphs (4), (5), and (6) of such subsection without nominations by the pension board. The members so appointed shall take office on the 30th day following the effective date of this Act. (2) If at any time the pension board has four or more vacancies, the nomination process provided by paragraphs (4), (5), and (6) of subsection (b) of this section shall be suspended in part and the board of education shall appoint members to any vacant positions on the pension board from the participation group from which the vacancy occurs. (3) If the board of education fails to confirm two successive pension board nominations for membership to the pension board, then the board of education shall appoint a member to that position from the participation group from which the vacancy occurs. (4) Members of the pension board shall serve at the pleasure of the board of education. The board of education may by majority vote remove any member of the pension board without notice or hearing. (c) In the event of the death, resignation, removal, or other disability of a pension board member which renders him or her incapable of performing the duties of a member of the

2948

JOURNAL OF THE HOUSE

pension board during his or her or her term of office, such pension board member's replacement shall be selected in the manner specified in subsection (b) of this section for such position and shall serve the remaining balance of such term of office. (d) The superintendent of the Fulton County School System or his or her designee shall serve as chairperson of the pension board. The pension board shall elect one member to serve as secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by the pension board. The members of the pension board shall serve without pay. The pension board may employ an executive director and other personnel who shall serve at the will of and under the direction of the superintendent of the Fulton County School System at salaries to be designated by the pension board. With the consent of the board of education, such executive director shall be treated as an employee of the Fulton County Board of Education for benefits and tax reporting purposes. (e) The pension board shall have the authority, subject to the approval of the board of education, to adopt rules and regulations in the administration of this Act and in carrying out the provisions of this Act and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act; provided, however, that all such rules shall be consistent with the terms and spirit of this Act. (f) The chief financial officer of the Fulton County School System shall be designated as the treasurer and custodian of this Act and shall be subject to the direction of the superintendent of the Fulton County School System for the purpose of carrying out his or her or her duties under the plan. Whenever any pension has been granted by the pension board, a check shall be drawn on the pension fund, providing for the payment of the pension as the same matures, and shall be signed by the chairperson of the pension board and countersigned and paid by the treasurer. (g) Four members of the pension board shall constitute a quorum, and notice by the secretary shall be given for special or called meetings of the pension board. The chairperson of the pension board shall provide a bond with a good corporate surety in the sum of not less than $5,000.00 for his or her faithful performance as chairperson of the pension board, and the treasurer shall provide a bond with a good corporate surety in the sum of not less than $25,000.00 for his or her faithful performance as treasurer and custodian of the pension fund. The premiums on such bonds shall be an expense of this Act. (h) Except as otherwise provided in the plan, no member or employee of the pension board shall have any personal interest in the gains or profits from any investment made by the pension board or use the assets of this Act in any manner, directly or indirectly, for himself or herself or as an agent, except to make such payments as are authorized by the pension board in accordance with the plan.
SECTION 12.02. Appointment of agents.

THURSDAY, MARCH 21, 2013

2949

In addition to those powers set forth elsewhere in the plan or this Act, the pension board may, with the consent of the board of education, appoint such agents, who need not be members of such pension board, as it may deem necessary for the effective performance of its duties and may delegate to such agents such powers and duties, whether ministerial or discretionary, as the pension board and the board of education may deem expedient or appropriate. The pension board shall act by majority vote.
SECTION 12.03. Powers and responsibility.
Subject to the approval of the board of education, the pension board shall have responsibility for the administration of the plan, with all powers necessary to enable it properly to carry out its duties as set forth in this Act. The pension board shall have the following duties and responsibilities:
(1) To serve as trustee of the trust fund; (2) To construe the plan and to answer all questions that arise out of the plan; (3) To select and remove all service providers to the plan, including the actuary, broker and investment advisor, custodians, and other advisors; (4) To decide all questions relating to the eligibility of employees to participate in the plan; (5) To determine the benefits of this Act to which any participant or beneficiary may be entitled; (6) To maintain and retain records relating to the participants and beneficiaries; (7) To prepare and furnish to the participants all information required under applicable state or federal law or provisions of this Act to be furnished to them, which may be provided electronically where appropriate; provided, however, any such information required to be submitted in written form may be provided by electronic means in a manner consistent with the requirements of Treasury Regulations Section 1.401(a)(21), as amended; (8) To prepare and furnish to agents and service providers to the plan sufficient employee data so that such service providers may carry out their obligations to the plan and its participants and beneficiaries; (9) To prepare and file or publish with all other appropriate government officials all reports and other information required under law to be so filed or published; (10) To provide directions to the trustee or custodian for the methods of benefit payment and all other matters where called for in the plan or requested by the trustee or custodian; (11) To engage assistants and professional advisers; (12) To arrange for fiduciary bonding, if necessary; (13) To provide procedures for determination of claims for benefits; and (14) To delegate any or all of these responsibilities.

2950

JOURNAL OF THE HOUSE

SECTION 12.04. Records of pension board.
(a) Any notice, direction, order, request, certification, or instruction of the pension board to the trustee or custodian shall be in writing and shall be signed by a member of the pension board. The trustee or custodian and every other person shall be entitled to rely conclusively upon any and all such notices, directions, orders, requests, certifications, and instructions received from the pension board and reasonably believed to be properly executed and shall act in accordance therewith. (b) All acts and determinations of the pension board shall be duly recorded by its secretary or under the secretary's supervision, and all such records, together with such other documents as may be necessary for the administration of this Act, shall be preserved in the custody of the secretary.
SECTION 12.05. Reporting and disclosure.
The pension board shall keep all individual and group records relating to the participants and beneficiaries and all other records necessary for the proper operation of this Act. The pension board shall prepare and shall file as required by law or regulation all reports, forms, documents, and other items required by the Code and every other relevant statute, each as amended, and all regulations thereunder. This provision shall not be construed as imposing upon the pension board the responsibility or authority for the preparation, preservation, publication, or filing of any document required to be prepared, preserved, or filed by the trustee or custodian to whom such responsibilities are delegated by law or by the plan.
SECTION 12.06. Construction of this Act.
The pension board shall take such steps as are considered necessary and appropriate to remedy any inequity that results from incorrect information received or communicated in good faith or as the consequence of an administrative error. The board of education shall interpret the plan and shall answer any questions arising in the administration, interpretation, and application of the plan. The pension board shall endeavor to act, whether by general rules or by particular decisions, so as not to discriminate in favor of or against any person and so as to treat all persons in similar circumstances uniformly. The pension board shall correct any defect of, reconcile any inconsistency in, or supply any omission from the plan.
SECTION 12.07. Assistants and advisers.

THURSDAY, MARCH 21, 2013

2951

(a) The pension board shall have the right, subject to the consent of the board of education, to delegate any of its responsibility and to hire such professional assistants and consultants as it deems necessary or advisable. To the extent that the costs for such assistants and advisers are not paid by the board of education, they shall be paid at the direction of the pension board from the trust fund as an expense of the trust fund. (b) The pension board and the board of education shall be entitled to rely upon all certificates and reports made by an accountant, attorney, or other professional adviser selected pursuant to this section; the pension board and the board of education shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such accountant, attorney, or other professional adviser; and any action so taken or suffered shall be conclusive upon each of them and upon all other persons interested in the plan."

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 Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague E Bell N Bennett
Bentley Y Benton N Beverly
Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson E Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England
Epps, C Y Epps, J E Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S E Jordan N Kaiser Y Kelley N Kendrick
Kidd

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley Y Roberts Y Rogers, C

Sims, C N Smith, E Y Smith, L
Smith, M E Smith, R
Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon

2952

JOURNAL OF THE HOUSE

E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

N Gardner Y Gasaway Y Geisinger N Glanton
Golick N Gordon Y Gravley Y Greene Y Gregory

Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

E Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 110, nays 47.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 528. By Representatives Yates of the 73rd, Mabra of the 63rd and Fludd of the 64th:

A BILL to be entitled an Act to authorize the governing authority of the City of Peachtree City 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 561. By Representatives Nimmer of the 178th and Dutton of the 157th:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to change the description of the election 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 575. By Representative Rice of the 95th:

A BILL to be entitled an Act to amend an Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), so as to

THURSDAY, MARCH 21, 2013

2953

change certain provisions relating to the city's ability to enter into agreements with other governmental parties; to provide for the city's inclusion to the Gwinnett County Police Service District, the Gwinnett County Fire and Emergency Medical Service District, the Gwinnett County Recreation District, and the Gwinnett County Emergency 9-1-1 System at the conclusion of the city's transition period; to clarify the city's municipal elections through the transition period; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), so as to change certain provisions relating to the city's ability to enter into agreements with other governmental entities; to provide for the city's inclusion to the Gwinnett County Police Service District, the Gwinnett County Fire and Emergency Medical Service District, the Gwinnett County Recreation District, and the Gwinnett County Emergency 9-1-1 System at the conclusion of the city's transition period; to clarify the city's municipal elections through the transition period; 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 incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), is amended by adding a new subsection to Section 1.12 to read as follows:
"(d) Notwithstanding the limitations of subsections (b) and (c) of this section, the city may, without the necessity of a referendum, enter into agreements with other governmental entities, including federal and state agencies and other local governments, to provide for any services not currently authorized by this charter but necessary for the general health, safety, and welfare of the citizens."
SECTION 2. Said Act is further amended by adding new subsections to Section 8.11 to read as follows:
"(j)(1) At the conclusion of the transition period as defined herein, the City of Peachtree Corners shall be deemed to be a part of the existing special service district located in Gwinnett County known as the Police Service District. The participation of the City of Peachtree Corners in the Police Service District shall be subject to, and in accordance with, the existing terms and conditions of participation as established by

2954

JOURNAL OF THE HOUSE

Gwinnett County with other participating cities, including, but not limited to, those terms and conditions related to costs, funding, duration, and modification of services. Gwinnett County is expressly authorized to provide police services within the City of Peachtree Corners and, for the purpose of funding such services, to establish and levy a tax on property located within the City of Peachtree Corners at a millage rate that is uniform with property located in other cities and unincorporated areas participating in the Police Service District, but the millage rate shall not be counted against the 1 mill maximum imposed on taxes established and levied by the City of Peachtree Corners. (2) At the conclusion of the transition period as defined herein, the City of Peachtree Corners shall be deemed to be a part of the existing special service district located in Gwinnett County known as the Fire and Emergency Medical Service District. The participation of the City of Peachtree Corners in the Fire and Emergency Medical Service District shall be subject to, and in accordance with, the existing terms and conditions of participation as established by Gwinnett County with other participating cities, including, but not limited to, those terms and conditions related to costs, funding, duration, and modification of services. Gwinnett County is expressly authorized to provide fire and emergency medical services within the City of Peachtree Corners and, for the purpose of funding such services, to establish and levy a tax on property located within the City of Peachtree Corners at a millage rate that is uniform with property located in other cities and unincorporated areas participating in the Fire and Emergency Medical Service District, but the millage rate shall not be counted against the 1 mill maximum imposed on taxes established and levied by the City of Peachtree Corners. (3) At the conclusion of the transition period as defined herein, the City of Peachtree Corners shall be deemed to remain a part of the existing special service district known as the Gwinnett County Recreation District, approved and created by the electors of Gwinnett County by referendum held on November 4, 1986, for the purpose of establishing and maintaining a county-wide parks and recreation system. The participation of the City of Peachtree Corners in the Gwinnett County Recreation District shall be subject to, and in accordance with, the existing terms and conditions of participation as established by Gwinnett County. Gwinnett County is expressly authorized to provide recreational services within the City of Peachtree Corners and, for the purpose of funding such services, to establish and levy a tax on property located within the City of Peachtree Corners at a millage rate that is uniform with other property located in the Gwinnett County Recreation District, but the millage rate shall not be counted against the 1 mill maximum imposed on taxes established and levied by the City of Peachtree Corners. (4) At the conclusion of the transition period as defined herein, the City of Peachtree Corners shall continue to be served by Gwinnett County's Emergency 9-1-1 System for the provision of emergency 9-1-1 services, including, but not limited to, calltaking and emergency dispatch services, and shall continue to be served by the existing public safety answering points established and operated by Gwinnett County, all pursuant to the authority of the Georgia Emergency Telephone Number 9-1-1

THURSDAY, MARCH 21, 2013

2955

Service Act of 1977. The City of Peachtree Corners shall not create or operate its own Emergency 9-1-1 System or public safety answering point and shall not impose or collect a 9-1-1 charge from suppliers of telephone services, including local exchange telephone service or other telephone communication service, wireless service, prepaid wireless service, mobile telecommunications service, computer service, Voice over Internet Protocol service, or any technology that delivers or is required by law to deliver a call to a public safety answering point. (k) Only for the purposes of holding and conducting municipal elections during the transition period, the election superintendent of Gwinnett County shall be vested with the powers and duties of the election superintendent of the City of Peachtree Corners. During the transition period, the election superintendent of Gwinnett County shall conduct all municipal elections for the City of Peachtree Corners during the 2013 election cycle. The expense of any such election, or necessary runoff, shall be borne by the City of Peachtree Corners and remitted to Gwinnett County within 60 days after any such election or runoff. It shall be the election superintendent's duty to certify the result of any election or runoff to the Secretary of State."
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 589. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 590. By Representative Kelley 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, so as to revise the districts for the election of members of the

2956

JOURNAL OF THE HOUSE

Board of Education of Polk County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for 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 591. By Representatives Glanton of the 75th, Stovall of the 74th, Waites of the 60th, Mabra of the 63rd and Scott of the 76th:
A BILL to be entitled an Act repealing an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3869); and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 593. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 596. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act reapportioning the election districts of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5385), so as to redistrict the Board of Education of Telfair County; to change the description of the education districts; to provide for the continuation in office of the current members and the election of subsequent members; to provide for related matters; to

THURSDAY, MARCH 21, 2013

2957

provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 603. By Representatives Evans of the 42nd, Ehrhart of the 36th, Wilkerson of the 38th, Parsons of the 44th, Bruce of the 61st and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3699), so as to change the compensation of the judges of the state court; 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 222. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended specifically by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), so as to repeal certain provisions relating to the election and terms of office of the mayor and councilmembers; 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 223. By Senator Harbison of the 15th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

2958

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 353. By Representative Lumsden of the 12th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; 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 a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; 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 a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), is amended by revising Section 2.21 as follows:
"SECTION 2.21. Quorum; voting.
Three councilmembers shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present at a meeting in which a quorum is present shall be required for the adoption of any ordinance, resolution, or motion; provided, however,

THURSDAY, MARCH 21, 2013

2959

that, in the event of a tie between councilmembers, the mayor may vote and cast the deciding vote for the adoption of the ordinance, resolution, or motion being considered."

SECTION 2. Said Act is further amended by adding a new section to read as follows:
"SECTION 7.00. Independent school system. The town council shall have the right and power to continue in existence its independent school system and shall have the power to levy taxes for the operation of such school system. Subject to the taxing authority of the town council, the school board shall regulate, supervise, and maintain such school system and may contract in any lawful way deemed advisable by such school board for the operation, maintenance, and improvement of such public school system."

SECTION 3. Said Act is further amended by adding a new paragraph to Section 7.10 to read as follows:
"(h) Except where authorized by law, neither the school superintendent nor any member of the board of education shall hold any other elective or appointive office in the town. In addition, no former school superintendent and no former member of the board of education shall hold any appointive office in the town until one year after the expiration of the term for which that official was elected or serving."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 133, Representative Ramsey of the 72nd was excused from voting on HB 528.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, and on the agreement to the Senate substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer

Sims, C Y Smith, E Y Smith, L Y Smith, M E Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R

2960

JOURNAL OF THE HOUSE

E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England
Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 159, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

HB 241. By Representatives Gardner of the 57th, Bell of the 58th, Kaiser of the 59th, Waites of the 60th, Abrams of the 89th and others:

A BILL to be entitled an Act to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), so as to change the description of the education districts; to provide for

THURSDAY, MARCH 21, 2013

2961

definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; 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 238. By Senators Loudermilk of the 14th, Albers of the 56th and Beach of the 21st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615), as amended, so as to revise certain provisions relating to the powers and duties of the mayor; to add powers of the city council regarding city employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 103. By Representatives Shaw of the 176th, Meadows of the 5th, Smith of the 134th, Golick of the 40th, Brockway of the 102nd and others:
A BILL to be entitled an Act to amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, so as to allow the issuance of a group life insurance policy to certain groups as approved by the Commissioner; to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 164. By Representatives Atwood of the 179th, Peake of the 141st, Smyre of the 135th, Knight of the 130th, Gordon of the 163rd and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to eliminate the sunset from the exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes.
HB 224. By Representatives Sims of the 169th and Roberts of the 155th:
A BILL to be entitled an Act to reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of

2962

JOURNAL OF THE HOUSE

commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities of the chairperson, a vice chairperson, and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, and compensation and expenses of commissioners; to provide for submission for approval pursuant to the federal Voting Rights Act of 1965; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes.
HB 256. By Representatives Harbin of the 122nd, Willard of the 51st, Powell of the 32nd, Pruett of the 149th and Abrams of the 89th:
A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to provide for the regulation of cigar wraps; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 350. By Representatives Peake of the 141st, Hitchens of the 161st, Hatchett of the 150th, Ramsey of the 72nd, Coomer of the 14th and others:
A BILL to be entitled an Act to amend Code Section 16-12-1.1 of the O.C.G.A., relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations, so as to provide for exceptions for persons otherwise issued licenses as provided by law; to amend Chapter 1A of Title 20 of the O.C.G.A., relating to early care and learning; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 371. By Representatives Harbin of the 122nd, Parsons of the 44th, Peake of the 141st, Harrell of the 106th and Williamson of the 115th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to define liquefied natural gas for motor fuel tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 471. By Representatives Meadows of the 5th and Jasperse of the 11th:
A BILL to be entitled an Act to authorize the governing authority of the City of Calhoun to levy an excise tax pursuant to subsection (b) of Code Section

THURSDAY, MARCH 21, 2013

2963

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 525. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th:
A BILL to be entitled an Act to authorize the governing authority of the City of Statesboro to increase the excise tax levied 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 534. By Representatives Houston of the 170th, Roberts of the 155th and Watson of the 172nd:
A BILL to be entitled an Act to amend an Act providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278), so as to change the amount of the homestead exemption for residents aged 65 or older; to repeal conflicting laws; and for other purposes.
HB 551. By Representatives Knight of the 130th, Yates of the 73rd, Rutledge of the 109th, Stephenson of the 90th and Scott of the 76th:
A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 557. By Representative McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3714), so as to provide for staggered, four-year terms for the mayor and council; to provide that the city clerk may serve as the city treasurer; to provide that the municipal judge shall be a licensed attorney; to provide that the office of elected officials of the city shall be vacated under certain circumstances; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

2964

JOURNAL OF THE HOUSE

HB 558. By Representative McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3909), so as to provide for staggered, four-year terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 238. By Senators Loudermilk of the 14th, Albers of the 56th and Beach of the 21st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615), as amended, so as to revise certain provisions relating to the powers and duties of the mayor; to add powers of the city council regarding city employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Meadows of the 5th, Bentley of the 139th, Dudgeon of the 25th, Lindsey of the 54th, Fludd of the 64th, Peake of the 141st, Epps of the 144th, Coleman of the 97th, Houston of the 170th, Neal of the 2nd, Jones of the 53rd, Welch of the 110th, and Waites of the 60th.
Pursuant to HR 488, the House recognized and commended Roberto Roy and invited him to be recognized by the House of Representatives.
Pursuant to HR 762, the House congratulated Mrs. Sandra Cauley, Mrs. Georgia United States 2013, and invited her to be recognized by the House of Representatives.
Pursuant to HR 636, the House recognized the month of April, 2013, as Genocide Prevention and Awareness Month at the capitol and invited the Georgia Coalition to Prevent Genocide to be recognized by the House of Representatives.
Pursuant to HR 767, the House commended Mr. Gardner Wright and invited him to be recognized by the House of Representatives.

THURSDAY, MARCH 21, 2013

2965

Pursuant to HR 763, the House commended Willie Julian "Bill" Usery, Jr., and invited him to be recognized by the House of Representatives.

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 Human Relations & Aging:

SB 62.

By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 76.

By Senators Jackson of the 2nd, Harbison of the 15th, Jones of the 10th, Lucas of the 26th and Sims of the 12th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans' benefits, so as to create the Returning Veterans Task Force; to provide for membership; to provide for duties; to provide for recommendations; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr
Battles

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Hamilton Y Harbin Y Harden
Harrell Y Hatchett Y Hawkins
Henson Y Hightower

McCall Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Neal

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M

2966

JOURNAL OF THE HOUSE

Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V E Coleman Y Cooke

E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell
Mayo

Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall E Rice Y Riley
Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott
Setzler Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 150, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 14.

By Senators Unterman of the 45th, Wilkinson of the 50th, Crosby of the 13th, Hill of the 4th and Orrock of the 36th:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to create a Georgia Alzheimer's and Related Dementias State Plan Task Force; to provide for legislative intent; to provide for its members and vacancies; to provide for duties and responsibilities; to provide for a chairperson; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 21, 2013

2967

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V E Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley N Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 158, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

SB 97. By Senators Wilkinson of the 50th, Heath of the 31st and Ginn of the 47th:

A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to create the Agricultural Commodity Commission for Beef; to provide for membership; to establish powers and limitations regarding assessments; to provide an effective date; to repeal conflicting laws; and for other purposes.

2968

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell N Chapman Y Cheokas E Clark, J Y Clark, V E Coleman Y Cooke

N Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner N Dudgeon Y Dukes Y Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick
Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites Y Watson, B Y Watson, S
Welch N Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 149, nays 14.

The Bill, having received the requisite constitutional majority, was passed.

SB 87. By Senators Ginn of the 47th, Wilkinson of the 50th and Harper of the 7th:

A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to marketing facilities, organizations,

THURSDAY, MARCH 21, 2013

2969

and programs, so as to repeal the roadside markets incentive 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:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley
Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight N Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B
Watson, S Y Welch
Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 165, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SR 113. By Senators Jackson of the 24th, Albers of the 56th, Jeffares of the 17th and Bethel of the 54th:

2970

JOURNAL OF THE HOUSE

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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties; and
WHEREAS, Citizens Telephone Company, Inc.; Augusta, Georgia; City of Gainesville; City of Marietta; Flint Electric Membership Corporation; Georgia Department of Transportation; Georgia Power Company; Habersham Electric Membership Corporation; Mark and Cliff Shipp; Snapping Shoals Electric Membership Corporation; Windstream Standard, L.L.C. and various utilities desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these 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 Georgia Department of Corrections; Georgia Department of Defense, Georgia Department of Education; Georgia Department of Natural Resources; and Technical College System of Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.

THURSDAY, MARCH 21, 2013

2971

That the State of Georgia is the owner of the hereinafter described real property lying and being in GMD 243 Barrow 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 overhead and underground utility lines to the Camp Will-A-Way campground host site and to recreational fields. Said easement area is located at Fort Yargo State Park, Camp Will-A-Way, Barrow County, Georgia and is more particularly described as follows:
That approximately 0.05 of an acre and that portion only as shown on a drawing prepared by Josh Sweat titled Georgia Power Company, 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 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said overhead and underground utility lines.
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 overhead and underground utility lines.
SECTION 5. That, after Georgia Power Company has put into use the overhead and underground utility lines 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

2972

JOURNAL OF THE HOUSE

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 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 $10.00 since this action will solely benefit the Department of Natural Resources and the State of Georgia.

THURSDAY, MARCH 21, 2013

2973

SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Barrow 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.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 219 and 219 of the 5th Land District of Carroll 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 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 installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service to a lighted sign. Said easement area is located at the West Georgia Technical College in Carroll County, Georgia and is more particularly described as follows:
That approximately 0.34 of an acre and that portion only as shown on a drawing furnished by the Technical College System of Georgia, 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, operating and maintaining an underground electrical power line and necessary equipment.

2974

JOURNAL OF THE HOUSE

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 installation, operation, and maintenance of said electric power line and necessary equipment.
SECTION 18. That, after Georgia Power Company has put into use the power line and necessary equipment 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 and any equipment 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 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

THURSDAY, MARCH 21, 2013

2975

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, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Carroll 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 the 8th Georgia Militia District of Chatham County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, the Board of which on April 25, 2012 approved a resolution for and 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.

2976

JOURNAL OF THE HOUSE

SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement area for constructing, maintaining and operating a road known as the Back River Bridge/U.S. Highway 17, State Route 404 Spur associated with NH0000009-02(093) Chatham County, GDOT PI # 522920. Said easement area is located in the Back River and connects to Jasper County, South Carolina, and is more particularly described as follows:
That approximately 5.848 acres shown as Parcels 1 and 2 and that portion only as shown on an engineered drawing prepared by the Georgia Department of Transportation Right of Way Plans, U.S. 17/SR 404 Spur, Back River Bridge Replacement, Chatham County, Federal Aid Project Georgia DOT P-I # 522920, as last revised on 3/02/12 and 3/03/12, 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 29. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating said Bridge and Road.
SECTION 30. 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 proper installation, operation, and maintenance of said Bridge and Road.
SECTION 31. That, after the Georgia Department of Transportation has put into use the Bridge and Road that 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 Bridge and Road shall become the property of the State of Georgia, or its successors and assigns.
SECTION 32. That no title shall be conveyed to 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.

THURSDAY, MARCH 21, 2013

2977

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 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 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 35. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 36. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 37. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

2978

JOURNAL OF THE HOUSE

SECTION 38. 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 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
SECTION 40. That the Coastal Resources Division of the Georgia Department of Natural Resources issued on March 29, 2012, to the Georgia Department of Transportation a Letter of Permission for Revocable License in tidal waters in this easement area, in response to that Transportation Department's October 21, 2011 request for Revocable License in tidal waters.
ARTICLE IV SECTION 41.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Chatham 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 nonexclusive easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 42. 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 underground electric utility line at the site of Aviation Training Center on the Crossroads Campus of Savannah Technical College, Savannah, Chatham County, Georgia and is more particularly described as follows:
That approximately 0.276 of an acre easement area and that portion only as shown on a drawing prepared by Georgia Power 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 43. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said underground utility line and associated equipment.

THURSDAY, MARCH 21, 2013

2979

SECTION 44. 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 underground utility line.
SECTION 45. That, after Georgia Power Company has put into use the underground utility 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 underground utility line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 46. 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 47. 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 48. 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

2980

JOURNAL OF THE HOUSE

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 49. 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 50. That the consideration for such easement shall be $10.00 since this action will solely benefit the Technical College System of Georgia and the State of Georgia.
SECTION 51. 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 52. That the authorization in this resolution to grant the above-described nonexclusive 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 53. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
SECTION 54. That the State of Georgia is the owner of approximately 1,233 acres with adjacent marsh and hammocks, such real property being located in Chatham County, and known as Wormsloe State Historic Site, under the custody of the Georgia Department of Natural Resources.
SECTION 55. That the University of Georgia of the University System of the Board of Regents (Regents) has entered into a Memorandum of Understanding (MOU) dated January 30, 2011 with the Jones family's Wormsloe Foundation, Inc., for the acquisition by Regents of an adjacent 15.438 acre parcel described as Parcel A-2 on that Survey for the

THURSDAY, MARCH 21, 2013

2981

University of Georgia by Thomas and Hutton dated November 29, 2012 and signed by Stewart W. Spencer, Georgia Registered Land Surveyor # 3066.
SECTION 56. That Regents and the Wormsloe Foundation agreed in that MOU that Regents would acquire Parcel A-2 to operate it as an historical and ecological nature preserve for Scientific, Historical, Educational and Aesthetic Purposes that do not impair the essentially natural and historic character of the A-2 property, and which purposes are consistent with those of the State's Historic Site property.
SECTION 57. That parcel A-2 is adjacent to the State's Historic Site Property and access to A-2 is not available except through the Historic Site Property.
SECTION 58. That Regents seeks a nonexclusive easement for ingress and egress to A-2 over a portion of said State owned property, the location and operation of which shall be agreed to by the State and its custodian Department of Natural Resources, said easement to be issued to Regents to effect the conveyance of Parcel A-2 to Regents, and shall be revoked if the conveyance of Parcel A-2 to Regents is not consummated.
SECTION 59. That the granting of such nonexclusive ingress and egress easement has been approved by the Department of Natural Resources contingent on the Department's and State's approval as to location and operation of the easement area, said easement to be issued to Regents to effect the conveyance of Parcel A-2 to Regents, and shall be revoked if the conveyance of Parcel A-2 to Regents is not consummated.
ARTICLE V SECTION 60.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Chatham County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources.
SECTION 61. That the Department does not object to the granting of this easement contingent on the Department's and State's approval as to operation and location of the easement, hereinafter referred to as the easement area, so that Regents can acquire adjacent Parcel A-2 to operate as an historical and ecological nature preserve for Scientific, Historical, Educational and Aesthetic Purposes that do not impair the essentially natural and historic character of the A-2 property, which purposes are consistent with those of the State's

2982

JOURNAL OF THE HOUSE

Historic Site property, and that, in all matters relating to the nonexclusive easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 62. That the State of Georgia, acting by and through its State Properties Commission, may grant to Regents, or its successors and assigns, a nonexclusive easement area for ingress and egress at the Wormsloe Historic Site, Savannah, Chatham County, subject to the Department's and State's approval as to operation and location of the easement area, so that Regents can acquire the above-described Parcel A-2, and the easement area 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 63. That the above-described easement area premises shall be used solely for the purpose of ingress and egress to Parcel A-2 for the above-described purposes, contingent on said State approvals.
SECTION 64. That Regents 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 ingress and egress, with the approval of the Department.
SECTION 65. That, after 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. Failure to convey Parcel A-2 to Regents shall be considered cause for an immediate reversion of the nonexclusive easement to the State of Georgia.
SECTION 66. That no title shall be conveyed to the grantee of the easement and, except as specifically granted herein, 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 by this easement.
SECTION 67. 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

THURSDAY, MARCH 21, 2013

2983

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 68. That the 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 69. 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 70. That the consideration for such easement shall be $10.00 since this action would solely benefit Regents.
SECTION 71. 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 promptly to the State Properties Commission.
SECTION 72. That the authorization in this resolution to grant the above-described nonexclusive easement shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 73. 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.

2984

JOURNAL OF THE HOUSE

ARTICLE VI SECTION 74.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 287, 290, 291 of Land District 17, and Land Lots 1159, 1218, 1281, 1290, and 1231 of Land District 16, Cobb County, Georgia, and the property is known as the Western and Atlantic Railroad tract 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 75. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Marietta, or its successors and assigns, a nonexclusive easement for its Kennesaw Mountain to Chattahoochee River Trail for the purpose of constructing, operating and maintaining a pedestrian trail and related sidewalks, ramps, piping and drainage structures, and signal boxes, together with the right of ingress and egress on a portion of this land as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Cobb County, Georgia, and is more particularly described as follows:
That approximately 24,803 square feet (approximately 0.57 of an acre) portion and that portion only as shown in pink for temporary construction easements, and that approximately 19,127 square feet (approximately 0.44 of an acre) portion and that portion only as shown in green for permanent construction easements on a drawing prepared by Arcadis titled Department of Transportation, State of Georgia, Right-ofWay of Proposed Kennesaw Mountain to Chattahoochee River Trail, Project No. CSSTP-0006-00(873), P.I. No. 0006873, Federal Route No.: N/A; State Route No. 5, 120, and 200, Completed March 11, 2011; 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 76. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating the pedestrian trail known as the Kennesaw Mountain to Chattahoochee River Trail, in Cobb County.
SECTION 77. That the City of Marietta 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 pedestrian trail.

THURSDAY, MARCH 21, 2013

2985

SECTION 78. That, after City of Marietta completes the pedestrian trail 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, City of Marietta, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the pedestrian trail shall become the property of the State of Georgia, or its successors and assigns.
SECTION 79. That no title shall be conveyed to the City of Marietta and, except as herein specifically granted to City of Marietta, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Marietta.
SECTION 80. 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 81. 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 may either be terminated or the easement area may be relocated to an alternate site at the Grantee's expense. If it is determined that the easement area should be relocated to an alternate site, a substantially equivalent nonexclusive easement to an alternate site may be granted 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. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 82. That the easement granted to City of Marietta 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

2986

JOURNAL OF THE HOUSE

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 83. That the consideration to the State for such easement shall be $136,320 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 84. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 85. That the authorization in this resolution to grant the above-described easement to the City of Marietta shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 86. 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 87.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 6 and 26 of the 10th Land District of Crisp 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 88. That the State of Georgia, acting by and through its State Properties Commission, may grant to Citizens Telephone Company, Inc., or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground fiber optic line and necessary equipment to provide internet service. Said easement area is located at Lake Blackshear Resort, Georgia Veterans State Park in Crisp County, Georgia and is more particularly described as follows:
That approximately 4,350 foot by 10 foot area (approximately 1 acre) and that portion only as shown highlighted in yellow on a drawing titled "CITIZENS TEL. CO.; LESLIE GA.; PERMIT DRAWING NO. 1" prepared by Citizens Telephone Company, Inc., dated August 7, 2012, and being on file in the offices of the State Properties Commission,

THURSDAY, MARCH 21, 2013

2987

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 89. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an underground fiber optic line and necessary equipment.
SECTION 90. That Citizens Telephone Company, Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said underground fiber optic line and necessary equipment.
SECTION 91. That, after Citizens Telephone Company, Inc. has put into use the fiber optic line and necessary equipment 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 Citizens Telephone Company, 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 fiber optic line and equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 92. That no title shall be conveyed to Citizens Telephone Company, Inc. and, except as herein specifically granted to Citizens Telephone Company, 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 Citizens Telephone Company, Inc.
SECTION 93. 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

2988

JOURNAL OF THE HOUSE

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 94. That the easement granted to Citizens Telephone Company, Inc. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 95. 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 96. That, given the public purpose of the project, 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 97. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 98. That the authorization in this resolution to grant the above-described easement to Citizens Telephone Company, Inc. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 99. 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 100.

THURSDAY, MARCH 21, 2013

2989

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 76 and 105, 11th. Land District, 4th. Section, Dade 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 101. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead power line to the campground sites and RV sewage collection station at Cloudland Canyon State Park, Dade 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 Dade County, Georgia, and is more particularly described as follows:
That approximately 2.920 of an acre portion and that portion only as shown on a drawing prepared by Greg P. Eaker titled Cloudland Canyon State Park, 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 102. That the above-described premises shall be used solely for the purpose of constructing, operating, and maintaining an overhead power line at Cloudland Canyon State Park in Dade County.
SECTION 103. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of the overhead power line.
SECTION 104. That, after Georgia Power Company 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, 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.

2990

JOURNAL OF THE HOUSE

SECTION 105. 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 106. 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 107. 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 108. 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.

THURSDAY, MARCH 21, 2013

2991

SECTION 109. That the consideration for such easement shall be $10.00 since the easement solely benefits the Department of Natural Resources and the State of Georgia.
SECTION 110. That this grant of easement shall be recorded by the grantee in the Superior Court of Dade County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 111. 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 112. 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 113.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 342 of the 5th Land District of Dawson 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 114. That the State of Georgia, acting by and through its State Properties Commission, may grant to Windstream Standard, L.L.C., or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground and above ground fiber optic line and necessary equipment to provide internet service. Said easement area is located at Amicalola Falls State Park in Dawson County, Georgia and is more particularly described as follows:
That approximately 18,560 foot by 10 foot area (approximately 4.26 acres) and that portion only as indicated on a drawing furnished by the Georgia Department of Natural Resources, 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.

2992

JOURNAL OF THE HOUSE

SECTION 115. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an underground and above ground fiber optic line and necessary equipment to benefit the State of Georgia.
SECTION 116. That Windstream Standard, L.L.C. 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 underground and above ground fiber optic line and necessary equipment.
SECTION 117. That, after Windstream Standard, L.L.C. has put into use the fiber optic line and necessary equipment 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 Windstream Standard, L.L.C., 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 fiber optic line and equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 118. That no title shall be conveyed to Windstream Standard, L.L.C. and, except as herein specifically granted to Windstream Standard, L.L.C., 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 Windstream Standard, L.L.C.
SECTION 119. 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

THURSDAY, MARCH 21, 2013

2993

property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 120. That the easement granted to Windstream Standard, L.L.C. 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 121. 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 122. That the consideration for such easement shall be $10.00 and the provision of park construction and installation services at the park for the benefit of faster and more reliable internet service for the park 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 123. That this grant of easement shall be recorded by the grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 124. That the authorization in this resolution to grant the above-described easement to Windstream Standard, L.L.C. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 125. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 126.

2994

JOURNAL OF THE HOUSE

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 441 and 442 of the 4th Land District of Dawson 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 127. 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 installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service for a recent building expansion. Said easement area is located at the Lanier Technical College in Dawson County, Georgia and is more particularly described as follows:
That approximately 20 foot by 87 foot area (approximately 0.04 of an acre) and that portion only as shown shaded in gray on an engineered drawing entitled "LANIER TECHNICAL COLLEGE; DAWSONVILLE CAMPUS; DISTRIBUTION LINE EASEMENT" made by Georgia Power Company and dated March 5, 2012, 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 128. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an electrical power line and necessary equipment.
SECTION 129. 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 electric power line and necessary equipment.
SECTION 130. That, after Georgia Power Company has put into use the power line and necessary equipment 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 and any equipment shall become the property of the State of Georgia, or its successors and assigns.

THURSDAY, MARCH 21, 2013

2995

SECTION 131. 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 132. 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 133. 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 134. 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.

2996

JOURNAL OF THE HOUSE

SECTION 135. That, given the public purpose of the project, 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 136. That this grant of easement shall be recorded by the grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 137. 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 138. 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 139.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 252 of the 15th Land District, in the City of Decatur, DeKalb County, Georgia, and that 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 140. 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, locating, maintaining, and operating power lines and related facilities. Said easement area is located at and needed for the renovation of the Decatur Armory, 3736 Durham Park Road, Decatur, DeKalb County, Georgia and is more particularly described as follows:
That approximately 0.04 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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.

THURSDAY, MARCH 21, 2013

2997

SECTION 141. That the above-described premises shall be used solely for the purpose of locating, maintenance, and operation of power lines and facilities to provide appropriate power to the Decatur Armory which is under construction.
SECTION 142. 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 143. 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.
SECTION 144. 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 145. 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.

2998

JOURNAL OF THE HOUSE

SECTION 146. 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 147. 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 148. That the consideration for such easement shall be $10.00 since this action will solely benefit the Department of Defense and the State of Georgia.
SECTION 149. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 150. 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 151. 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 152.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 1113 and 1114 of the 1st Section of the 3rd Land District, in the City of Cumming, Forsyth County, Georgia, and that 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

THURSDAY, MARCH 21, 2013

2999

easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 153. 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, locating, maintaining, and operating above and underground power lines, and such facilities as transformers and power boxes. Said easement area is located at the Cumming National Guard Regional Readiness Center at 1100 Pilgrim Mill Road, Cumming 30040, Forsyth County, Georgia and is more particularly described as follows:
That approximately 0.13 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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 154. That the above-described premises shall be used solely for the purpose of locating, maintenance, and operation of power lines, poles and box to provide appropriate power to the Cumming National Guard Regional Readiness Center which is under construction.
SECTION 155. That the 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 156. 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.
SECTION 157. 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.

3000

JOURNAL OF THE HOUSE

SECTION 158. 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 159. 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 160. 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 161. That the consideration for such easement shall be $10.00 since this action will solely benefit the Department of Defense and the State of Georgia.
SECTION 162. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.

THURSDAY, MARCH 21, 2013

3001

SECTION 163. 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.
ARTICLE XIII SECTION 164.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 152, 9th Land District, Hall County, Georgia, and 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 165. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, 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 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 is located at GDC's Gainesville Probation Office & Day Reporting Center in Hall County, Georgia, and is more particularly described as follows:
That approximately 0.04 acres portion and that portion only as shown on a drawing prepared by Patton Land Surveying titled Survey for City of Gainesville Cargill Sanitary Sewer Improvements-Phase I 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 166. That the above-described premises shall be used solely for the purpose of laying, constructing, operating and maintaining a sewer line on the Gainesville Probation Office & Day Reporting Center property in Hall County, Georgia.
SECTION 167. That, after the City of Gainesville 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 City of Gainesville, or its successors and assigns, shall have the option of removing its facilities from the easement area or

3002

JOURNAL OF THE HOUSE

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 168. That no title shall be conveyed to the City of Gainesville and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville.
SECTION 169. 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 170. 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 171. That the easement granted to the City of Gainesville 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.

THURSDAY, MARCH 21, 2013

3003

SECTION 172. That the consideration for such easement shall be for public use and benefit and $10.00 and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 173. 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 174. That the authorization in this resolution to grant the above-described easement to the City of Gainesville shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 175. 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 176.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 136 of the 7th Land District of Henry 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 177. That the State of Georgia, acting by and through its State Properties Commission, may grant to Snapping Shoals Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service for a new building. Said easement area is located at the Southern Crescent Technical College in Henry County, Georgia and is more particularly described as follows:
That approximately 0.04 of an acre and that portion only as shown highlighted in red on a engineered drawing entitled "ELECTRICAL EASEMENTS EXHIBIT" made by Conceptual Design Engineering, Inc. and dated April 17, 2012, 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.

3004

JOURNAL OF THE HOUSE

SECTION 178. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an electrical power line and necessary equipment.
SECTION 179. That Snapping Shoals Electric Membership 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 installation, operation, and maintenance of said electric power line and necessary equipment.
SECTION 180. That, after Snapping Shoals Electric Membership Corporation has put into use the power line and necessary equipment 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 Snapping Shoals Electric Membership 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 power line and any equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 181. That no title shall be conveyed to Snapping Shoals Electric Membership Corporation and, except as herein specifically granted to Snapping Shoals Electric Membership 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 Snapping Shoals Electric Membership Corporation.
SECTION 182. 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

THURSDAY, MARCH 21, 2013

3005

property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 183. That the easement granted to Snapping Shoals Electric Membership 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 184. 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 185. That, given the public purpose of the project, 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 186. That this grant of easement shall be recorded by the grantee in the Superior Court of Henry County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 187. That the authorization in this resolution to grant the above-described easement to Snapping Shoals Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 188. 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 189.

3006

JOURNAL OF THE HOUSE

That the State of Georgia is the owner of the hereinafter described real property lying and being, in the City of Dublin, Telfair City Subdivision Lots 22, 23, 24, 25, 26, and 27, Block I, Laurens County, Georgia, and that 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 190. 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, locating, maintaining, and operating underground power lines and facilities to provide power to the Upper Motor Pool. Said easement area is located at the Dublin Armory on Hamilton Street, Dublin, Laurens County, Georgia and is more particularly described as follows:
That approximately 0.21 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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 191. That the above-described premises shall be used solely for the purpose of locating, maintaining, and operating power lines, poles and related facilities to provide appropriate power to the Dublin Armory Upper Motor Pool which is being renovated.
SECTION 192. That the 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 193. 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.
SECTION 194. 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

THURSDAY, MARCH 21, 2013

3007

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 195. 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 196. 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 197. 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 198. That the consideration for such easement shall be $10.00 since this action will solely benefit the Department of Defense and the State of Georgia.

3008

JOURNAL OF THE HOUSE

SECTION 199. That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 200. 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.
ARTICLE XVI SECTION 201.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 161 of the 9th Land District of Macon County, Georgia, and that the property is in the custody of the Georgia Department of Education, 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 202. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground electrical power line and necessary equipment to relocate existing overhead power lines to a different underground location and the installation of new power lines to provide electric service for newly constructed cabins. Said easement area is located at Camp John Hope in Macon County, Georgia and is more particularly described as follows:
That approximately 1.63 acres and that portion only as shown on a plat of survey entitled "SBE-023 NEW CABIN FOR CAMP JOHN HOPE FFA/FCCLA CENTER" made by LAI Engineering, and more specifically Clyde R. Eldredge, Georgia Registered Land Surveyor No. 2659, dated April 30, 2012, 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 203. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an electrical power line and necessary equipment.

THURSDAY, MARCH 21, 2013

3009

SECTION 204. That Flint Electric Membership 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 installation, operation, and maintenance of said electric power line and necessary equipment.
SECTION 205. That, after Flint Electric Membership Corporation has put into use the power line and necessary equipment 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 Flint Electric Membership 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 power line and any equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 206. That no title shall be conveyed to Flint Electric Membership Corporation and, except as herein specifically granted to Flint Electric Membership 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 Flint Electric Membership Corporation.
SECTION 207. 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 208. That the easement granted to Flint Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission

3010

JOURNAL OF THE HOUSE

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 209. 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 210. That, the consideration for such easement shall be $10.00 since this action will solely benefit the Department of Education and the State of Georgia.
SECTION 211. That this grant of easement 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 212. That the authorization in this resolution to grant the above-described easement to Flint Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 213. 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 214.
That the State of Georgia is the owner of the hereinafter described real property in Paulding County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

THURSDAY, MARCH 21, 2013

3011

SECTION 215. That the State of Georgia, acting by and through its State Properties Commission, may grant to Mark B. Shipp and J. Cliff Shipp (hereinafter known as Grantee) or their successors and assigns, a nonexclusive easement area, for ingress and egress. Said easement area is located at the 4,513 acre Sheffield Wildlife Management Area in Paulding County, and is more particularly described as follows:
That approximately 4.7 acre easement area being of a length of approximately 17,061 feet, of a width no greater than the actual distance between the ditches on either side of the subject property, and consisting of approximately 4.7 acres situate, lying and being in Land Lots 433 and 504 of the 3rd Section, 3rd Land District, and Land Lots, 465, 466, 467, 468, 469, 470, 472, 473, 536, 537, 542, 543, 544 and 611 of the 3rd Section, 18th Land District of Paulding County, Georgia and that portion only as shown highlighted in yellow on that plat of survey dated March 12, 2012 by Douglas R. Bentley, Georgia Registered Land Surveyor # 2535 and being Titled "Easement Exhibit For: Mark B. Shipp and J. Cliff Shipp", and being on file in the offices of the State Properties Commission and may be more particularly described by a survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 216. That the above-described premises shall be used solely for the purpose of ingress and egress to the Grantee's property in Land Lot 434, 3rd District, 3rd Section of Paulding County, which is surrounded by Sheffield Wildlife Management Area.
SECTION 217. That the Grantee shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be approved by the Georgia Department of Natural Resources.
SECTION 218. That no title shall be conveyed to Grantee and, except as herein specifically granted to Grantee, 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 Grantee.
SECTION 219. That if the State of Georgia, acting by and through its State Properties Commission, determines that the easement area should be removed or relocated to an alternate site on State owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Grantee shall relocate to the alternate easement area at its sole cost and expense, unless the State

3012

JOURNAL OF THE HOUSE

Properties Commission determines that the requested relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20% the amount of a written estimate provided by Grantee. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation to an alternate site on State owned land so long as the relocation is paid by the party or parties requesting such relocation and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quit claim deed the State's interest in the former easement area.
SECTION 220. That the easement granted to Grantee 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 221. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 222. 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, including the encumbrance of Grantee's 45-acre property in Land Lot 434 with a Right of First Refusal in favor of the State for the State to acquire that property for appraised value according to an Agreement to be issued by the State Properties Commission, which Right to the State will perpetually run with that 45-acre property, and for the consideration of the issuance of a correction by the State to a quit claim deed that was authorized by 1998 Act 137 (HR 935).
SECTION 223. That this grant of easement shall be recorded by the Grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission.

THURSDAY, MARCH 21, 2013

3013

SECTION 224. That the authorization in this resolution to grant the above-described easement to Grantee shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 225. 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 226.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Georgia Militia District 89 of Richmond 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 227. That the State of Georgia, acting by and through its State Properties Commission, may grant to Augusta, Georgia, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of a sanitary sewer line to install, maintain and operate a sewer line to a new building to be constructed for, and owned by the County Board of Education of Richmond County on an adjacent parcel not under State ownership. Said easement area is located at the main campus of Augusta Technical College in Richmond County, Georgia and is more particularly described as follows:
That approximately 0.27 of an acre and that portion only as shown in gray shading on an easement plat entitled "Easement Plat FOR City of Augusta" made by Cranston Engineering Group, P.C. and more specifically by John Attaway, Georgia Registered Land Surveyor No. 2512 dated June 10, 2011, 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 228. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining a sanitary sewer line.
SECTION 229. That Augusta, Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said sanitary sewer line.

3014

JOURNAL OF THE HOUSE

SECTION 230. That, after Augusta, Georgia has put into use the sanitary sewer 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, Augusta, Georgia, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the sanitary sewer line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 231. That no title shall be conveyed to Augusta, Georgia and, except as herein specifically granted to Augusta, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Augusta, Georgia.
SECTION 232. 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 233. That the easement granted to Augusta, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 234. 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

THURSDAY, MARCH 21, 2013

3015

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 235. That, given the public purpose of the project, 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 236. That this grant of easement 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 237. That the authorization in this resolution to grant the above-described easement to Augusta, Georgia shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 238. 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 239.
That the State of Georgia is the owner of the hereinafter described real property lying and being in 119th GMD of Richmond County, Georgia, and 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 240. That the State of Georgia, acting by and through its State Properties Commission, may grant to Augusta, Georgia or its successors and assigns, a nonexclusive easement for the purpose of replacement of the existing water meter, and installation of a new backflow preventer in Augusta, 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 located at Augusta State Medical Prison, and is more particularly described as follows:

3016

JOURNAL OF THE HOUSE

That approximately 0.21 of an acre portion and that portion only as shown on a drawing prepared by WK Dickson titled Water Line Easement 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 241. That the above-described premises shall be used solely for the purpose of replacement of the existing water meter, and installation of a new backflow preventer for Augusta State Medical Prison.
SECTION 242. That, after Augusta, Georgia completes the replacement of the existing water meter, and installation of a new backflow preventer 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, Augusta, Georgia or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 243. That no title shall be conveyed to Augusta, Georgia and, except as herein specifically granted to Augusta, Georgia all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Augusta, Georgia.
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 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

THURSDAY, MARCH 21, 2013

3017

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 246. That the easement granted to Augusta, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 247. That the consideration for such easement shall be $10.00 and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 248. That this grant of easement 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 249. That the authorization in this resolution to grant the above-described easement to Augusta, Georgia shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 250. 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 251.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 1, 3rd Land District, White County, Georgia, and the property, known as Unicoi State Park and Lodge (Unicoi) and is in the custody of the Georgia Department

3018

JOURNAL OF THE HOUSE

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 252. That the State of Georgia, acting by and through its State Properties Commission, may grant Habersham Electric Membership Corporation (EMC), or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead fiber optic cable line to Unicoi's main office and lodge in White 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 White County, Georgia, and is more particularly described as follows:
That approximately 0.12 of an acre portion and that portion only as shown in yellow on a drawing prepared by Utility Support Systems, Inc. titled State Park Permit, Unicoi State Park, 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 253. That the above-described premises shall be used solely for the purpose of constructing, operating, and maintaining an overhead fiber optic cable line to Unicoi State Park's main office and Lodge in White County.
SECTION 254. That Habersham 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 255. That, after Habersham EMC completes the fiber optic 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, Habersham 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 256. That no title shall be conveyed to Habersham EMC and, except as herein specifically granted to Habersham 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

THURSDAY, MARCH 21, 2013

3019

inconsistent with or detrimental to the rights, privileges, and interest granted to Habersham EMC.
SECTION 257. 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 258. 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 259. That the easement granted to Habersham 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 260. 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.

3020

JOURNAL OF THE HOUSE

SECTION 261. That this grant of easement 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 262. That the authorization in this resolution to grant the above-described easement to Habersham EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 263. 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 XXI SECTION 264.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

ARTICLE XXII SECTION 265.

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:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner

THURSDAY, MARCH 21, 2013

3021

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler
Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 166, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 140. By Senators Murphy of the 27th, Miller of the 49th, Mullis of the 53rd, Ginn of the 47th and Gooch of the 51st:

A BILL to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to include contracts, agreements, and instruments for the repair of certain wear and tear of a motor vehicle to include rips, burns, tears, holes, and punctures to interior fabric or carpet, cosmetic repair to aluminum or painted wheels, and exterior reconditioning of foggy or yellowed headlights within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; 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 Abrams Y Alexander Y Allison

Y Coomer Y Cooper Y Dawkins-Haigler

Y Hamilton Y Harbin Y Harden

Y McCall Y Meadows Y Mitchell

Y Sims, C Y Smith, E Y Smith, L

3022

JOURNAL OF THE HOUSE

Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 163, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

HR 644. By Representatives Willard of the 51st, Nimmer of the 178th, Dickey of the 140th, Black of the 174th, Smith of the 70th and others:

A RESOLUTION creating the House Study Committee on Timber Security; 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:

THURSDAY, MARCH 21, 2013

3023

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett
Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 162, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

SB 170. By Senator Hill of the 32nd:

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 and adopted:

3024

JOURNAL OF THE HOUSE

A BILL TO BE ENTITLED AN ACT
To amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to clarify that medical identity fraud is included in identity fraud; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, is amended by revising Code Section 16-9-120, relating to definitions for identity fraud, as follows:
"16-9-120. As used in this article, the term:
(1) 'Administrator' means the administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (2) 'Business victim' means any individual or entity that provided money, credit, goods, services, or anything of value to someone other than the intended recipient where the intended recipient has not given permission for the actual recipient to receive it and the individual or entity that provided money, credit, goods, services, or anything of value has suffered financial loss as a direct result of the commission or attempted commission of a violation of this article. (3) 'Consumer victim' means any individual whose personal identifying information has been obtained, compromised, used, or recorded in any manner without the permission of that individual. (4) 'Health care records' means records however maintained and in whatever form regarding an individual's health, including, but not limited to, doctors' and nurses' examinations and other notes, examination notes of other medical professionals, hospital records, rehabilitation facility records, nursing home records, assisted living facility records, results of medical tests, X-rays, CT scans, MRI scans, vision examinations, pharmacy records, prescriptions, hospital charts, surgical records, mental health treatments and counseling, dental records, and physical therapy notes and evaluations. (4)(5) 'Identifying information' shall include, but not be limited to:
(A) Current or former names; (B) Social security numbers; (C) Driver's license numbers; (D) Checking account numbers; (E) Savings account numbers; (F) Credit and other financial transaction card numbers; (G) Debit card numbers;

THURSDAY, MARCH 21, 2013

3025

(H) Personal identification numbers; (I) Electronic identification numbers; (J) Digital or electronic signatures; (K) Medical identification numbers; (L) Birth dates; (M) Mother's maiden name; (N) Selected personal identification numbers; (O) Tax identification numbers; (P) State identification card numbers issued by state departments; or (Q) Veteran and military medical identification numbers; and (Q)(R) Any other numbers or information which can be used to access a person's or entity's resources or health care records. (5)(6) 'Resources' includes, but is not limited to: (A) A person's or entity's credit, credit history, credit profile, and credit rating; (B) United States currency, securities, real property, and personal property of any kind; (C) Credit, charge, and debit accounts; (D) Loans and lines of credit; (E) Documents of title and other forms of commercial paper recognized under Title 11; (F) Any account, including a safety deposit box, with a financial institution as defined by Code Section 7-1-4, including a national bank, federal savings and loan association, or federal credit union or a securities dealer licensed by the Secretary of State or the federal Securities and Exchange Commission; and (G) A person's personal history, including, but not limited to, records of such person's driving records; criminal, medical, or insurance history; education; or employment; and (H) A person's health insurance, health savings accounts, health spending accounts, flexible spending accounts, medicare accounts, Medicaid accounts, dental insurance, vision insurance, and other forms of health insurance and health benefit plans."

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 Abrams Y Alexander
Allison Y Anderson

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

Y McCall Y Meadows Y Mitchell Y Morgan

Y Sims, C Y Smith, E Y Smith, L E Smith, M

3026

JOURNAL OF THE HOUSE

Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw N Sheldon Y Sims, B

E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

House of Representatives State Capitol, Room 415
Atlanta, GA 30334

March 21, 2013

The Honorable Robbie Rivers Clerk, Georgia House of Representatives 309 State Capitol Atlanta, GA 30334

Re: SB 170 Vote

THURSDAY, MARCH 21, 2013

3027

Dear Mr. Rivers:
I respectfully request that my vote on SB 170 on March 21, 2013 be changed in the journal to reflect a Yes (Y) vote rather than a No (N) vote. I fully support SB 170 and inadvertently pushed my red button, casting a No (N) vote while intending to vote Yes (Y).
Thank you in advance for your assistance.
Respectfully,
/s/ Donna Sheldon
DS/cb
The Speaker announced the House in recess until 1:45 o'clock, this afternoon.

3028

JOURNAL OF THE HOUSE

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 781. By Representatives Hawkins of the 27th and Rogers of the 10th:
A RESOLUTION congratulating the White County High School WTVN Warrior TV broadcast team on their first place win at the 2013 Student Television National Convention and inviting Executive Director Charles Dewalt and the students of WTVN to be recognized by the House of Representatives; and for other purposes.
HR 782. By Representatives Strickland of the 111th, Welch of the 110th, Knight of the 130th and Rutledge of the 109th:
A RESOLUTION congratulating Payton Jonson on winning the first state championship for Strong Rock Christian School 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 781 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 534. By Representatives Wilkerson of the 38th, Smith of the 41st, Evans of the 42nd, Teasley of the 37th, Bruce of the 61st and others:
A RESOLUTION recognizing and commending the Osborne High School Junior ROTC Raider Team on their national championship win and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 720. By Representatives Stephens of the 165th, Gordon of the 163rd, Hitchens of the 161st, Bryant of the 162nd and Stephens of the 164th:
A RESOLUTION congratulating the Johnson High School boys basketball team on their 2013 GHSA Class AAA State Championship win and inviting

THURSDAY, MARCH 21, 2013

3029

them to be recognized by the House of Representatives; and for other purposes.
HR 721. By Representatives Hugley of the 136th, Smyre of the 135th, Smith of the 134th, Buckner of the 137th and Pezold of the 133rd:
A RESOLUTION congratulating Ms. Willietta Grant on winning the 2013 Miss Columbus competition and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 762. By Representatives Martin of the 49th, Riley of the 50th, Ramsey of the 72nd and Ralston of the 7th:
A RESOLUTION congratulating Mrs. Sandra Cauley, Mrs. Georgia United States 2013, and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 763. By Representative Kidd of the 145th:
A RESOLUTION commending Willie Julian "Bill" Usery, Jr., and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 766. By Representatives Ralston of the 7th, Wilkinson of the 52nd, O`Neal of the 146th, Brooks of the 55th and Smyre of the 135th:
A RESOLUTION honoring the memory of Mr. Dick Pettys, expressing regret at his passing, designating a portrait commissioned by members of the House of Representatives to be displayed in the Coverdell Legislative Office Building in his honor, and inviting members of his family to be recognized by the House of Representatives; and for other purposes.
HR 767. By Representatives Dempsey of the 13th, Lumsden of the 12th and Coomer of the 14th:
A RESOLUTION commending Mr. Gardner Wright and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 781. By Representatives Hawkins of the 27th and Rogers of the 10th:
A RESOLUTION congratulating the White County High School WTVN Warrior TV broadcast team on their first place win at the 2013 Student Television National Convention and inviting Executive Director Charles

3030

JOURNAL OF THE HOUSE

Dewalt and the students of WTVN to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 783. By Representatives Hitchens of the 161st and Burns of the 159th:
A RESOLUTION recognizing and commending the Effingham YMCA Christian Leadership Academy of the Effingham YMCA; and for other purposes.
HR 784. By Representatives Stovall of the 74th, Glanton of the 75th, Jordan of the 77th, Scott of the 76th and Douglas of the 78th:
A RESOLUTION commending Clayton State University women's basketball team on winning the NCAA Division II Southeast Regional Championship; and for other purposes.
HR 785. By Representatives Anderson of the 92nd, Bennett of the 94th, Channell of the 120th, Dawkins-Haigler of the 91st, Williams of the 168th and others:
A RESOLUTION recognizing and commending Stronghold Christian Church East on the occasion of its fifth anniversary; and for other purposes.
HR 786. By Representatives Douglas of the 78th, Williams of the 168th, Atwood of the 179th, Smyre of the 135th and Wilkinson of the 52nd:
A RESOLUTION honoring the 50th anniversary of Dr. Martin Luther King, Jr.'s "I Have a Dream" speech and recognizing the opening of the National Center for Civil and Human Rights; and for other purposes.
HR 787. By Representatives Cooper of the 43rd, Ehrhart of the 36th, Evans of the 42nd, Setzler of the 35th and Teasley of the 37th:
A RESOLUTION commending Southern Polytechnic State University and recognizing October 14, 2013, as PolyDay at the state capitol; and for other purposes.
HR 788. By Representatives Anderson of the 92nd, Bennett of the 94th, Stephenson of the 90th, Dawkins-Haigler of the 91st, Mosby of the 83rd and others:

THURSDAY, MARCH 21, 2013

3031

A RESOLUTION congratulating the Miller Grove High School varsity boys basketball team on winning their fifth consecutive state championship; and for other purposes.
HR 789. By Representative Mayo of the 84th:
A RESOLUTION congratulating Ms. Ashley Philicia Victoria Stroud on receiving the State of Georgia and the Northeast Georgia "Family Caregiver of the Year" award; and for other purposes.
HR 790. By Representatives Mayo of the 84th, Fludd of the 64th, Abrams of the 89th, Dawkins-Haigler of the 91st, Brooks of the 55th and others:
A RESOLUTION recognizing and commending the Georgia Minority Supplier Development Council; and for other purposes.
HR 791. By Representatives Mitchell of the 88th, Mosby of the 83rd and Bennett of the 94th:
A RESOLUTION congratulating Mr. John H. Evans on his 80th birthday; and for other purposes.
HR 792. By Representative Mitchell of the 88th:
A RESOLUTION honoring the life and work of Ms. Caroline Miller; and for other purposes.
HR 793. By Representatives Neal of the 2nd, Greene of the 151st, Kidd of the 145th, Dunahoo of the 30th, Buckner of the 137th and others:
A RESOLUTION recognizing and commending Bob Plemons on the occasion of his retirement; and for other purposes.
HR 794. By Representatives Coleman of the 97th, Clark of the 101st, Maxwell of the 17th, Dickson of the 6th, Tanner of the 9th and others:
A RESOLUTION congratulating Lauren Eckman, the 2013 Georgia Teacher of the Year; and for other purposes.
HR 795. By Representatives Powell of the 32nd, O`Neal of the 146th, Smyre of the 135th, Harbin of the 122nd, Greene of the 151st and others:

3032

JOURNAL OF THE HOUSE

A RESOLUTION honoring the memory of Mr. Richard Pettys; and for other purposes.
HR 796. By Representatives Brooks of the 55th, Stephens of the 165th, Bryant of the 162nd, Wilkinson of the 52nd, Thomas of the 56th and others:
A RESOLUTION honoring the life and memory of Mr. Johnnie Paul Jones, Sr.; and for other purposes.
HR 797. By Representative Hill of the 22nd:
A RESOLUTION commending and recognizing Christina Herd on earning the Girl Scouts of America Gold Award; and for other purposes.
HR 798. By Representatives Dempsey of the 13th, Houston of the 170th, Smyre of the 135th, O`Neal of the 146th, Glanton of the 75th and others:
A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2013 Military Youth of the Year, Stephanie Ramer; and for other purposes.
HR 799. By Representatives Dempsey of the 13th, Houston of the 170th, Smyre of the 135th, O`Neal of the 146th, Glanton of the 75th and others:
A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2013 Youth of the Year, Tyler Ragin; and for other purposes.
HR 800. By Representatives Maxwell of the 17th, Braddock of the 19th, Gravley of the 67th and Alexander of the 66th:
A RESOLUTION recognizing and commending Beulah Masonic Lodge #698; and for other purposes.
HR 801. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Mr. Richard A. Whaley III on his appointment as member director to serve on the board of the Federal Home Loan Bank of Atlanta; and for other purposes.
HR 802. By Representatives Thomas of the 56th, Alexander of the 66th, Fludd of the 64th, Dawkins-Haigler of the 91st, Bell of the 58th and others:

THURSDAY, MARCH 21, 2013

3033

A RESOLUTION recognizing and commending the Giwayen Mata ensemble; and for other purposes.
HR 803. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Michael Stuart Roberts; and for other purposes.
HR 804. By Representatives Buckner of the 137th, Smith of the 134th, Smyre of the 135th, Hugley of the 136th and Pezold of the 133rd:
A RESOLUTION recognizing and commending Ms. Joanne Cavis on the occasion of her retirement; and for other purposes.
HR 805. By Representatives Coleman of the 97th, Hill of the 22nd, Martin of the 49th, Ramsey of the 72nd, Jones of the 47th and others:
A RESOLUTION recognizing and commending Mrs. Janet Hollis on the occasion of her retirement; and for other purposes.
HR 806. By Representatives Smith of the 70th, Nix of the 69th, Hightower of the 68th and Cooke of the 18th:
A RESOLUTION recognizing and commending Dr. Beheruz N. Sethna; and for other purposes.
HR 807. By Representatives Howard of the 124th, Murphy of the 127th, Sims of the 123rd and Smith of the 125th:
A RESOLUTION recognizing and commending Mr. Thomas R. Schneider on his outstanding public service; and for other purposes.
HR 808. By Representatives Brockway of the 102nd, Sheldon of the 104th, Hamilton of the 24th, Rice of the 95th, Carter of the 175th and others:
A RESOLUTION commending Mr. Doug McCoy for his 25 years of volunteer service to Kids' Chance of Georgia, Inc.; and for other purposes.
HR 809. By Representatives Pak of the 108th, Coleman of the 97th, Clark of the 101st, Floyd of the 99th and Chandler of the 105th:

3034

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Camp Creek Elementary School Principal Kathryn M. Jones on the occasion of her retirement; and for other purposes.
HR 810. By Representatives Pak of the 108th, Clark of the 101st, Rice of the 95th, Barr of the 103rd, Chandler of the 105th and others:
A RESOLUTION congratulating Parkview High School Boys baseball team for their outstanding 2012 season; and for other purposes.
HR 811. By Representatives Jones of the 53rd, Brooks of the 55th, Thomas of the 56th, Beasley-Teague of the 65th, Scott of the 76th and others:
A RESOLUTION honoring the life and memory of Dr. Asa G. Yancey, Sr.; and for other purposes.
HR 812. By Representatives Powell of the 32nd, Ralston of the 7th, Hitchens of the 161st, Lumsden of the 12th, O`Neal of the 146th and others:
A RESOLUTION recognizing and commending Captain James Paul Cosper; and for other purposes.
HR 813. By Representatives Williams of the 87th, Frazier of the 126th, Bentley of the 139th, Bruce of the 61st, Mayo of the 84th and others:
A RESOLUTION honoring Brother Derrick Thornton for his outstanding service as Christian Chapter Number 67 worthy patron; and for other purposes.
HR 814. By Representatives Pak of the 108th, Clark of the 101st, Rice of the 95th, Barr of the 103rd, Chandler of the 105th and others:
A RESOLUTION congratulating the Parkview High School boys swimming and diving team on their outstanding 2010-2011 and 2011-2012 season; and for other purposes.
HR 815. By Representatives Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd:
A RESOLUTION congratulating Mr. Rhett Roark as the recipient of the Kiwanis Club's John Jacobs, Jr., Youth Service Award; and for other purposes.

THURSDAY, MARCH 21, 2013

3035

HR 816. By Representatives Houston of the 170th, Dempsey of the 13th, Carter of the 175th, Shaw of the 176th and Holmes of the 129th:
A RESOLUTION celebrating the birth of Harrison Reddick Hopkins; and for other purposes.
HR 817. By Representative Cheokas of the 138th:
A RESOLUTION recognizing and commending Judge Wayne Jernigan, Sr., on devoting 40 years of his life to public service in the City of Hampton; and for other purposes.
HR 818. By Representative Cheokas of the 138th:
A RESOLUTION congratulating Mr. Jacob "Jake" E. Miller on the occasion of his 80th birthday; and for other purposes.
HR 819. By Representatives Welch of the 110th, Rutledge of the 109th, Douglas of the 78th, Strickland of the 111th and Knight of the 130th:
A RESOLUTION recognizing and commending the Eagle's Landing High School boys basketball team on their 2013 GHSA Class AAAA State Championship win; and for other purposes.
HR 820. By Representative Rice of the 95th:
A RESOLUTION recognizing and commending Monte and Carla Nichols on the occasion of their retirement from the Lord's service at Peachtree Corners Baptist Church; and for other purposes.
HR 821. By Representative Jones of the 53rd:
A RESOLUTION commending Ms. Yvette Manns, Margaret Fain Elementary School's 2012-2013 Teacher of the Year; and for other purposes.
HR 822. By Representative Jones of the 53rd:
A RESOLUTION commending Ms. Deborah Jones, Boyd Elementary School's 2012-2013 Teacher of the Year; and for other purposes.
HR 823. By Representatives Houston of the 170th, Dempsey of the 13th, Dickson of the 6th, Ehrhart of the 36th, Parrish of the 158th and others:

3036

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Walter Jones; and for other purposes.
HR 824. By Representatives Buckner of the 137th, Smyre of the 135th, Hugley of the 136th and Pezold of the 133rd:
A RESOLUTION honoring the life and memory of Dr. Floyd Cannon Jarrell, Jr.; and for other purposes.
HR 825. By Representatives Hitchens of the 161st, Tankersley of the 160th and Burns of the 159th:
A RESOLUTION recognizing and commending Captain Kirk B. McGlamery on the occasion of his retirement; and for other purposes.
Representative Lindsey of the 54th asked unanimous consent that the Bills on the Local Calendar from earlier in the legislative day be immediately transmitted to the Senate.
It was so ordered.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 11. By Senator Carter of the 1st:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties; to provide for rules and regulations; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions;

THURSDAY, MARCH 21, 2013

3037

to provide legislative intent; to provide for duties and powers; to provide for rules and regulations; to provide for effect; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, is amended by adding a new Code section to read as follows:
"12-5-9. (a) As used in this Code section, the term:
(1) 'Director' means the director of the division. (2) 'Division' means the Environmental Protection Division of the department. (b) It is the intent of the General Assembly to provide the general public with access to reliable geospatial data, including but not limited to flood map modernization. Currently, Georgia lacks many of the components which would provide for reliable data such as geospatial coordination and collaboration, policies, standards, state-wide geospatial datasets, current inventory, state-wide license agreements, business and strategic plans, trained work force, data life cycle support, and contract and program management support. (c)(1) In order to provide reliable geospatial data to the public, there shall be created the Georgia Geospatial Advisory Council. The division shall coordinate the creation of such council. (2) The council shall consist of the executive officer, or his or her designee, of each of the following entities of this state:
(A) Association County Commissioners of Georgia; (B) Department of Community Affairs; (C) Department of Economic Development; (D) Department of Homeland Security; (E) Department of Natural Resources; (F) Department of Public Health; (G) Department of Revenue; (H) Department of Transportation; (I) Environmental Protection Division; (J) Georgia Association of Regional Commissions; (K) Georgia Emergency Management Agency; (L) Georgia Environmental Finance Authority; (M) Georgia Municipal Association; (N) Georgia Technology Authority; (O) Office of Planning and Budget; (P) State Forestry Commission; and (Q) State Properties Commission.

3038

JOURNAL OF THE HOUSE

No member shall continue to serve on the council if no longer an employee or officer of the entity he or she represents. Additional entities may seek consideration for membership by request and shall be appointed by majority vote of the council. The chairperson of the Georgia Geographical Informations Systems Coordinating Committee shall serve on the council in a nonvoting advisory capacity. (3) The council shall meet initially upon the call of the director and shall elect a chairperson at the initial meeting. Subsequent meetings shall be called by the chairperson; provided, however, that the council shall meet at least quarterly. Councilmembers shall receive no compensation for their services as members of the council, but their travel expenses, if any, related to the performance of their official duties may be covered by the departments, agencies, or organizations they represent. (d) In carrying out its purposes under this Code section, the council shall have the following general duties and powers: (1) To monitor, study, and ascertain, in cooperation with other state and local agencies and any agency of the United States government, the state's present geospatial capabilities, the need for strengthening capabilities, and the extent to which such needs are being currently met; (2) To strategically plan for a sustainable state geographical informations systems program; (3) To seek input from relevant stakeholders; (4) To compile and disseminate reports; (5) To coordinate with and make recommendations to the Governor, the General Assembly, state agencies, counties, municipalities, and other political subdivisions of this state regarding geographical informations systems; and (6) To adopt bylaws for the conduct of its business. (e) The council shall audit Georgia's geospatial capabilities at county, regional, and state levels. The audit shall contain a complete status update and recommendations for utilizing the geospatial capabilities in Georgia to meet Federal Emergency Management Agency notification requirements, recommendations for moving forward to achieve governmental data interoperability and enhanced delivery of services to Georgia citizens through the geospatial approach, and any other information determined by the council to be necessary for the advancement of geospatial technology. (f) The council shall closely coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures. (g) The reports generated by the council shall be made available on an annual basis by the department to the members of the General Assembly, all departments and agencies of state government, and all county and municipal governments and shall be posted on the Internet website of the department. (h) The Board of Natural Resources shall promulgate such rules and regulations as may be reasonable and necessary for the administration of this Code section. (i) This Code section shall not in any way affect regulation of professional engineers and land surveyors pursuant to Chapter 15 of Title 43.

THURSDAY, MARCH 21, 2013

3039

(j) This Code section shall stand repealed on June 30, 2016."

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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles N Beasley-Teague E Bell Y Bennett Y Bentley Y Benton
Beverly Y Black N Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner N Dudgeon Y Dukes N Dunahoo N Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene N Gregory

Y Hamilton Harbin
Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley
Kendrick Y Kidd E Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal
Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake N Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey Y Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 142, nays 18.

3040

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 179. By Senators Hill of the 6th and Dugan of the 30th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an exception; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 10 of Title 13, Chapter 91 of Title 36, and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to contracts for public works, public works bidding, and general authority, duties, and procedure relative to state purchasing, respectively, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an exception; to provide for certain contracting and bidding requirements for governmental entities and the Department of Administrative Services relative to public works construction contracts; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; 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 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by revising Code Section 13-10-3, relating to determining Georgia residency for business, preferences, and adherence to policies and procedures of State Construction Manual, as follows:
"13-10-3. (a) For the purpose of determining residency under this Code section, a Georgia resident business shall include any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or

THURSDAY, MARCH 21, 2013

3041

proposal submitted pursuant to this Code section or a new business that is domiciled in Georgia which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place of business shall not include a post office box, site trailer, or temporary structure. (b) Whenever the state contracts for the doing of a public work, materialmen, contractors, builders, architects, engineers, and laborers resident in the State of Georgia are to be granted the same preference over materialmen, contractors, builders, architects, engineers, and laborers 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 materialmen, contractors, builders, architects, engineers, and laborers resident in such other state over materialmen, contractors, builders, architects, engineers, and laborers resident in the State of Georgia. However, these requirements shall in no way impair the ability of the state to compare the quality of materials proposed for purchase and to compare the qualifications, character, responsibility, and fitness of materialmen, contractors, builders, architects, engineers, and laborers proposed for employment in its consideration of the purchase of materials or employment of persons. This subsection shall not apply to transportation projects for which federal aid funds are available. (c) All state agencies, authorities, departments, commissions, boards, and similar entities shall adhere to the policies and procedures contained in the State Construction Manual for project management and procurement of, and contracting for, design, construction, and other project related professional services for all state owned buildings in Georgia funded by state bonds or other state revenue. The State Construction Manual shall be jointly edited and posted on a state website by the Georgia State Financing and Investment Commission and the Board of Regents of the University System of Georgia and shall be updated on a periodic basis to reflect evolving owner needs and industry best practices after consultation with other state agency and industry stakeholders.
(d)(1) To the extent permitted by law, no state agency, authority, department, commission, board, or similar 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:
(A) 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 (B) 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. (2) 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.

3042

JOURNAL OF THE HOUSE

(3) The head of a governmental entity may exempt a particular public works construction contract from the requirements of any or all of the provisions of paragraph (1) of this subsection if the governmental entity finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstance under this paragraph shall not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations or concerning employees on the particular project who are not members of or affiliated with a labor organization."
SECTION 2. Said chapter is further amended in Code Section 13-10-20, relating to large public works contracts, requirements for bid bonds, and withdrawal of bid, by adding a new subsection to read as follows:
"(e) When the state invites competitive sealed proposals for a public works construction project and the request for proposals for such project states that price or project cost will not be a selection or evaluation factor, no bid bond shall be required unless the state provides for a bid bond in the request for proposals and specifies the amount of such bond."
SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 13-10-62, relating to notice of commencement, as follows:
"(b) The failure to file a notice of commencement shall render the notice to the contractor requirements of paragraph (1) (2) of subsection (a) of Code Section 13-10-63 inapplicable."
SECTION 4. Said chapter is further amended in Article 1, relating to general provisions, by adding a new part to read as follows:
"Part 5
13-10-70. Public works construction contracts may include both liquidated damages provisions for late construction project completion and incentive provisions for early construction project completion when the project schedule is deemed to have value. The terms of the liquidated damages provisions and the incentive provisions shall be established in advance as a part of the construction contract included within the terms of the bid proposal."

THURSDAY, MARCH 21, 2013

3043

SECTION 5. Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, is amended in Code Section 36-91-21, relating to competitive award requirements, by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by adding a new subsection to read as follows:
"(f)(1) 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:
(A) 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 (B) 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. (2) 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. (3) The head of a governmental entity may exempt a particular public works construction contract from the requirements of any or all of the provisions of paragraph (1) of this subsection if the governmental entity finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstance under this paragraph shall not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations or concerning employees on the particular project who are not members of or affiliated with a labor organization."
SECTION 6. Said chapter is further amended in Article 2, relating to contracting and bidding requirements, by adding a new Code section to read as follows:
"36-91-23. Public works construction contracts may include both liquidated damages provisions for late construction project completion and incentive provisions for early construction project completion when the project schedule is deemed to have value. The terms of the liquidated damages provisions and the incentive provisions shall be established in advance as a part of the construction contract included within the terms of the bid proposal."

3044

JOURNAL OF THE HOUSE

SECTION 7. Said chapter is further amended in Part 1 of Article 3, relating to general provisions regarding bonds, by adding a new Code section to read as follows:
"36-91-41. When a governmental entity invites competitive sealed proposals for a public works construction project and the request for proposals for such project states that price or project cost will not be a selection or evaluation factor, no bid bond shall be required unless the governmental entity provides for a bid bond in the request for proposals and specifies the amount of such bond."
SECTION 8. Said chapter is further amended by revising subsection (b) of Code Section 36-91-92, relating to notice of commencement, as follows:
"(b) The failure to file a notice of commencement shall render the notice to contractor requirements of paragraph (1) (2) of subsection (a) of Code Section 36-91-93 inapplicable."
SECTION 9. 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 Code Section 50-5-72, relating to construction and public works contracts conducted by the Department of Administrative Services and exceptions, as follows:
"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)(1) Notwithstanding subsections (a) and (b) of this Code section and to the extent permitted 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:
(A) Require or prohibit bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements,

THURSDAY, MARCH 21, 2013

3045

collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; or (B) 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. (2) 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. (3) The head of a governmental entity may exempt a particular public works construction contract from the requirements of any or all of the provisions of paragraph (1) of this subsection if the governmental entity finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstance under this paragraph shall not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations or concerning employees on the particular project who are not members of or affiliated with a labor organization. (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 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 following amendment was read and adopted:

3046

JOURNAL OF THE HOUSE

Representative Lindsey of the 54th offers the following amendment:

Amend the House Committee on Judiciary substitute to SB 179 (LC 29 5636ERS) by striking line 93 and inserting in lieu thereof the following: of the construction contract and included within the terms of the bid or proposal."

By striking line 130 and inserting in lieu thereof the following: of the construction contract and included within the terms of the bid or proposal."

The Committee substitute, as amended, was adopted.

Pursuant to Rule 133, Representative Quick of the 117th was excused from voting on SB 179.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague E Bell N Bennett Y Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J E Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S E Jordan N Kaiser Y Kelley E Kendrick
Kidd E Kirby Y Knight Y Lindsey

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold
Powell, A Y Powell, J Y Pruett
Quick Y Ramsey N Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders

N Sims, C N Smith, E Y Smith, L E Smith, M E Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson E Willard

THURSDAY, MARCH 21, 2013

3047

Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

N Glanton Y Golick N Gordon Y Gravley N Greene Y Gregory

Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 53.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

House of Representatives Coverdell Legislative Office Building
Room 604-A Atlanta, Georgia 30334

March 21, 2013

Robbie Rivers Clerk of the House 309 State Capitol Washington Street Atlanta, GA 30334

Dear Mr. Rivers,

On Thursday, March 21, 2013, please record a NO vote on SB 179.

Yours for Greater Georgia,

/s/ Quincy Murphy Wm Quincy Murphy Georgia State Representative District 127

SR 267. By Senator Ligon, Jr. of the 3rd:

A RESOLUTION urging the United States Army Corps of Engineers to close Noyes Cut in the Satilla River System; and for other purposes

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

3048

JOURNAL OF THE HOUSE

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger
Barr Y Battles
Beasley-Teague E Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier
Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S E Jordan Y Kaiser Y Kelley E Kendrick
Kidd E Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall E Rice Y Riley
Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 159, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

SB 236. By Senators Jones of the 25th, Murphy of the 27th, Harper of the 7th, Tippins of the 37th, Ginn of the 47th 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 require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any,

THURSDAY, MARCH 21, 2013

3049

attributable to the Patient Protection and Affordable Care Act; 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 require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any, attributable to the Patient Protection and Affordable Care Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-29-22, relating to notice of premium increase, as follows:
"33-29-22. (a) Notice of any premium increase shall be mailed or delivered to each holder of an individual accident and sickness insurance policy not less than 60 days prior to the effective date of such increase. (b) Concurrently with any notice of premium increase or offer of new coverage because of discontinuance or termination of an existing plan of coverage, an insurer shall provide an estimate as to the amount or percentage of any premium increase which is attributable to the Patient Protection and Affordable Care Act. Such notices shall include the following statement: 'These increases are due to the federal Patient Protection and Affordable Care Act and not the enactment of any laws or regulations of the Governor of Georgia, the Georgia General Assembly, or the Georgia Department of Insurance.' This paragraph shall stand repealed on December 31, 2014."
SECTION 2. Said title is further amended by revising Code Section 33-30-13, relating to notice of premium increases to be mailed or delivered to group policyholder, as follows:
"33-30-13. (a) Notice of the maximum amount of a group premium increase shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the group policy not less than 60 days prior to the effective date of the premium increase. (b) Concurrently with any notice of premium increase or offer of new coverage because of discontinuance or termination of an existing plan of coverage, an insurer shall provide an estimate as to the amount or percentage of any premium increase

3050

JOURNAL OF THE HOUSE

which is attributable to the Patient Protection and Affordable Care Act. Such notices shall include the following statement: 'These increases are due to the federal Patient Protection and Affordable Care Act and not the enactment of any laws or regulations of the Governor of Georgia, the Georgia General Assembly, or the Georgia Department of Insurance.' This paragraph shall stand repealed on December 31, 2014. (c) The commissioner of community health shall also provide notice to each person covered under the health insurance plans established pursuant to Article 1 of Chapter 18 of Title 45 when any premium increase occurs of how much of such increase is attributable to the federal Patient Protection and Affordable Care Act."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague E Bell N Bennett
Bentley Y Benton E Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J E Evans Y Fleming
Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S E Jordan N Kaiser Y Kelley E Kendrick
Kidd E Kirby Y Knight Y Lindsey Y Lumsden

Y McCall Y Meadows N Mitchell
Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott

Y Sims, C N Smith, E Y Smith, L E Smith, M E Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon E Wilkerson Y Wilkinson Y Willard N Williams, A

THURSDAY, MARCH 21, 2013

3051

Y Cheokas E Clark, J Y Clark, V Y Coleman Y Cooke

Y Golick N Gordon Y Gravley Y Greene Y Gregory

N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Williams, C N Williams, E
Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 113, nays 48.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following communication was received:

House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334

March 21, 2013

Please vote me "no" for SB 179 and SB 236.

/s/ Rep. Kendrick

By unanimous consent, the following Bills of the Senate were postponed until tomorrow:

SB 82.

By Senators Gooch of the 51st, Miller of the 49th, Murphy of the 27th, Cowsert of the 46th, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to change designations from North Georgia College to the University of North Georgia; to designate the University of North Georgia as the senior military college of Georgia; to repeal conflicting laws; and for other purposes.

SB 187. By Senator Hill of the 32nd:

A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student

3052

JOURNAL OF THE HOUSE

Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Morris of the 156th 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 139 Do Pass, by Substitute

Respectfully submitted, /s/ Morris of the 156th
Chairman

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 552 SB 68 SB 100

Do Pass Do Pass, by Substitute Do Pass

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, MARCH 21, 2013

3053

SB 105 SB 185 SR 371

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Willard of the 51st
Chairman

Representative Golick of the 40th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 86 SB 160 SB 225

Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 40th
Chairman

Representative Roberts of the 155th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:

SR 293 Do Pass, by Substitute

Respectfully submitted, /s/ Roberts of the 155th
Chairman

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

3054

JOURNAL OF THE HOUSE

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 92 SB 137 SB 224

Do Pass Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ Channell of the 120th
Chairman

Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:30 o'clock, tomorrow morning.

The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:30 o'clock, tomorrow morning.

FRIDAY, MARCH 22, 2013

3055

Representative Hall, Atlanta, Georgia
Friday, March 22, 2013
Thirty-Seventh 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.
Prayer was offered by Reverend Jerry Mahan, Pastor, Horizon Baptist Fellowship, Summerville, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, 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 654. By Representatives Oliver of the 82nd, Quick of the 117th, Fleming of the 121st, McCall of the 33rd, Willard of the 51st and others:

3056

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 29-2-4 of the Official Code of Georgia Annotated, relating to nomination of testamentary guardian, so as to change provisions relating to the appointment of a testamentary guardian; to provide for objections to the nomination of a testamentary guardian and procedure; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 655. By Representative Nimmer of the 178th:

A BILL to be entitled an Act to repeal an Act creating the Brantley County Airport Authority, approved May 14, 2008 (Ga. L. 2008, p. 4380); to provide for the transfer of all assets, property, and legal rights and obligations of the Brantley County Airport Authority to Brantley County; to provide for transfer of records and pending matters; to provide for transfer of employees; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 827. By Representatives Jones of the 53rd, Scott of the 76th, Thomas of the 56th, Bennett of the 94th, Anderson of the 92nd and others:

A RESOLUTION creating the House Study Committee on Stopping Abusive and Violent Environments for All Citizens of Georgia; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 643 HB 645 HB 647 HB 649 HB 651 HB 653 HR 757 HR 759 HR 761 SB 238

HB 644 HB 646 HB 648 HB 650 HB 652 HR 756 HR 758 HR 760 HR 826

FRIDAY, MARCH 22, 2013

3057

Representative McCall of the 33rd District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 91 SB 213

Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ McCall of the 33rd
Chairman

Representative Carter of the 175th 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 Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SR 245 SR 348

Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ Carter of the 175th
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 609 Do Pass HB 614 Do Pass, by Substitute

HB 613 Do Pass HB 616 Do Pass

3058

JOURNAL OF THE HOUSE

HB 619 HB 622 HB 624 HB 626 HB 628 HB 630 HB 632 HB 635 HB 638 HB 641

Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 620 HB 623 HB 625 HB 627 HB 629 HB 631 HB 634 HB 636 HB 639 HB 642

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 646 Do Pass HR 765 Do Pass

HR 764 Do Pass HR 782 Do Pass

Representative Pruett of the 149th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 181 Do Pass

Respectfully submitted, /s/ Pruett of the 149th
Chairman

The roll was called and the following Representatives answered to their names:

Abrams Alexander Allison Anderson Atwood

Coomer Cooper Dawkins-Haigler Deffenbaugh Dempsey

Harbin Harden Harrell Hatchett Hawkins

Mayo McCall Meadows Mitchell Morgan

Sims, C Smith, E Smith, L E Smith, M E Smith, R

FRIDAY, MARCH 22, 2013

3059

Ballinger Barr Battles Bell Bennett E Bentley Benton E Beverly Black Braddock Broadrick Brockway Brooks Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Casas Chandler Chapman Cheokas Clark, J Clark, V Coleman Cooke

Dickerson Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan Dutton England Epps, C Epps, J E Evans Fleming E Floyd Fludd Frazier Frye Gasaway Geisinger Glanton Gordon Gravley Greene Gregory Hamilton

Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Howard Hugley Jacobs Jasperse Jones, J Jones, L Jones, S E Jordan Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra Marin Martin Maxwell

Morris Murphy Neal Nimmer Nix E Oliver Pak Parrish Peake Pezold Powell, A Powell, J Pruett Quick Ramsey Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon Sims, B

Smyre Spencer Stephens, M Stephens, R E Stephenson Stover Strickland Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Wilkerson Wilkinson Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Bruce of the 61st, Channell of the 120th, Ehrhart of the 36th, Fullerton of the 153rd, Gardner of the 57th, Golick of the 40th, Jackson of the 128th, Mosby of the 83rd, O`Neal of the 146th, Parsons of the 44th, Stovall of the 74th, Talton of the 147th, and Willard of the 51st.

They wished to be recorded as present.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 22, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

3060

JOURNAL OF THE HOUSE

DEBATE CALENDAR

Modified Open Rule

SB 96 SB 158 SB 194 SB 234

State Courts, Solicitors-General of; part-time solicitor-general; engage in private practice of law; not represent defendants in criminal matters in such solicitor-general's state court (JudyNC-Weldon-3rd) Mullis-53rd Temporary Medical Consent Guardianship; Physician Order for Lifesustaining Treatment; change certain signatures (Substitute) (Judy-Welch-110th) Orrock-36th Natural Resources Dept.; include an exemption for restoration of certain barns; promote Georgia tourist destinations (NR&E-Neal-2nd) Mullis-53rd Insurance; limited licenses to sell travel insurance; comprehensive revision of provision; issuance and regulation (Ins-Rogers-29th) Jones-25th

Modified Structured Rule

SB 1

Child's Health Insurance Information and Records; provide that both

parents have equal access (Judy-Atwood-179th) Ligon, Jr.-3rd

Pursuant to Rule 33.3, debate on SB 101 shall be limited to no longer than one hour. Time to be allocated at the discretion of the Speaker.

SB 101 SB 122
SB 134 SB 204 SB 231

Firearms; regulate the sale, use and possession in this state (Substitute)(PS&HS-Jasperse-11th) Ginn-47th Drivers' Licenses; authorize the issuance of a temporary driving permit; noncitizen applicant whose license has expired; filed extension (MotV-Douglas-78th) Hill-6th Controlled Substances; revise the definition of "prescriber" (JudyNC-Weldon-3rd) Carter-1st Appeal and Error; limit the scope of judgments/orders; child custody cases; direct appeal (JudyNC-Ramsey-72nd) Cowsert-46th Georgia Driver's Education Commission; additional sums collected on fines; extend the sunset provisions (Substitute)(MotV-Rice-95th) Loudermilk-14th

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Meadows of the 5th
Chairman

FRIDAY, MARCH 22, 2013

3061

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 609. By Representatives Rogers of the 10th and Gasaway of the 28th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Demorest," approved May 5, 2006 (Ga. L. 2006, p. 4301), as amended, so as to provide that the corporate limits of such city shall include certain property; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 613. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Mosby of the 83rd, Dawkins-Haigler of the 91st and others:
A BILL to be entitled an Act to authorize the governing authority of DeKalb County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 614. By Representatives Jacobs of the 80th, Holcomb of the 81st, Oliver of the 82nd, Taylor of the 79th, Mayo of the 84th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), so as to provide a definition for the governing authority of the City of Brookhaven; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for cooperation of the district with the City of Brookhaven; to provide for powers of the district board; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes.

3062

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), so as to provide a definition for the governing authority of the City of Brookhaven; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for cooperation of the district with the City of Brookhaven; to provide for powers of the district board; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), is amended by adding a new paragraph to Section 3 to read as follows:
"(9.1) 'Governing authority of the City of Brookhaven' means the city council of Brookhaven and the mayor of Brookhaven as provided in an Act incorporating the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527)."
SECTION 2. Said Act is further amended by revising subsection (d) of Section 6 as follows:
"(d) Each property paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act shall receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by DeKalb County, the City of Brookhaven, or the City of Dunwoody against said property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the 'Georgia Development Impact Fee Act.'"
SECTION 3. Said Act is further amended by revising subsection (c) of Section 7 as follows:
"(c) The boundaries of the district may be increased after the initial creation of the district pursuant to the following:

FRIDAY, MARCH 22, 2013

3063

(1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board, and, for this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authority of DeKalb County if the territory proposed to be annexed is in unincorporated DeKalb County, by the governing authority of the City of Brookhaven if the territory proposed to be annexed is in the City of Brookhaven, or by the governing authority of the City of Dunwoody if the territory proposed to be annexed is in the City of Dunwoody."
SECTION 4. Said Act is further amended by revising Section 8 as follows:
"SECTION 8. Debt.
The district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia, DeKalb County, the City of Brookhaven, the City of Dunwoody, or any other unit of government of the State of Georgia other than the district."
SECTION 5. Said Act is further amended by revising Section 9 as follows:
"SECTION 9. Cooperation with local governments.
The services and facilities provided in the City of Brookhaven portion of the district pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing authority of the City of Brookhaven. The services and facilities provided in the City of Dunwoody portion of the district pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing authority of the City of Dunwoody. The services and facilities provided in the unincorporated portion of the district pursuant to this Act shall be provided for in a

3064

JOURNAL OF THE HOUSE

cooperation agreement executed jointly by the board and the governing authority of DeKalb County. The provisions of this section shall in no way limit the authority of DeKalb County, the City of Brookhaven, and the City of Dunwoody to provide services or facilities within the district, and DeKalb County, the City of Brookhaven, and the City of Dunwoody shall retain full and complete authority and control over any of their facilities located within the district. Said control shall include, but shall not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the county or city. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein."
SECTION 6. Said Act is further amended by revising paragraph (15) of Section 10 as follows:
"(15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with DeKalb County, the City of Brookhaven, and the City of Dunwoody."
SECTION 7. Said Act is further amended by revising Section 14 as follows:
"SECTION 14. Dissolution.
(a) The district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of the community improvement district by the governing authority of DeKalb County, the governing authority of the City of Brookhaven, and the governing authority of the City of Dunwoody; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are to be subject to taxes, fees, and assessments levied by the board, and, for this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in subparagraphs (A) and (B) of this paragraph shall be submitted to the DeKalb County Tax Commissioner, who shall certify whether such written consent has been satisfied with respect to the proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district and every sixth year thereafter, the question

FRIDAY, MARCH 22, 2013

3065

shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of a majority of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value of all real property within the district, the board shall send a ballot to each owner of real property within the district subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of those real property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority of DeKalb County, the governing authority of the City of Brookhaven, and the governing authority of the City of Dunwoody and shall forward said ballots to the DeKalb County Tax Commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any or all debt obligations of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid for the property relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the governing authority of DeKalb County shall take title to all property previously in the ownership of the district and located in the unincorporated portion of the district, the governing authority of the City of Brookhaven shall take title to all property previously in the ownership of the district and located in the incorporated portion of the district located in the City of Brookhaven, and the governing authority of the City of Dunwoody shall take title to all property previously in the ownership of the district and located in the incorporated portion of the district located in the City of Dunwoody. All taxes, fees, and assessments of the district shall cease to be levied and collected. (f) The district may be reactivated in the same manner as an original activation."
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.

3066

JOURNAL OF THE HOUSE

HB 616. By Representative Morris of the 156th:
A BILL to be entitled an Act to provide a new charter for the City of Lyons to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 619. By Representatives Oliver of the 82nd, Holcomb of the 81st, Jacobs of the 80th, Taylor of the 79th, Drenner of the 85th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, is amended by annexing to the existing corporate limits of the City of Chamblee the following described territory:
"Beginning on the easterly right-of-way line of Clairmont Road at the point where the existing corporate limit line of the City of Chamblee intersects 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, said point being the intersection of the easterly rightof-way line of Clairmont Road and the northerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate Highway I-85) in Land Lot 196 of the of the 18th District of DeKalb County, Georgia; thence following said northerly

FRIDAY, MARCH 22, 2013

3067

right-of-way line in an easterly and northeasterly direction to a point where the said northerly right-of-way line of the Northeast Expressway (inclusive of access roads) would intersect the northeasterly right-of-way line of Chamblee-Tucker Road, if such northerly right-of-way line of the Northeast Expressway (inclusive of access roads) were extended easterly in a straight line; running thence in a northerly and westerly direction along the northeasterly right-of-way line of Chamblee-Tucker Road to a point, said point being the intersection of the northeasterly right-of-way line of ChambleeTucker Road and the existing corporate limit line of the City of Chamblee at the southeasterly right-of way line of Shallowford Road; running thence southerly and westerly along the existing corporate limit line and following the corporate limit line of the City of Chamblee in all its courses, distances, curves, and meanderings so as to reach a point where the said corporate limit line intersects the easterly right- of-way line of Clairmont Road, this point being the point of beginning."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the territory sought to be annexed into the City of Chamblee under this Act for approval or rejection. The election superintendent shall conduct such election on the Tuesday after the first Monday in November, 2013, and shall issue the call and conduct such 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 DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which annexes certain land into the City of ( ) NO Chamblee?"
All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the votes cast on such question are for approval of the annexation, then this Act shall become effective on December 30, 2013. If more than one-half of the votes cast on such question are for rejection of the annexation, this Act shall not become effective and shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by the City of Chamblee. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
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.

3068

JOURNAL OF THE HOUSE

HB 620. By Representatives Rice of the 95th, Marin of the 96th and Holcomb of the 81st:
A BILL to be entitled an Act to authorize the City of Peachtree Corners to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for related matters; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 622. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; 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 623. By Representative Benton of the 31st:
A BILL to be entitled an Act to create the City of Commerce Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 624. By Representative Greene of the 151st:
A BILL to be entitled an Act to amend an Act creating the Dawson-Terrell County Airport Authority, approved April 4, 1997 (Ga. L. 1997, p. 3696), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3958), so as to change the membership; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 22, 2013

3069

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 625. By Representatives Hitchens of the 161st and Burns of the 159th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005 (Ga. L. 2005, p. 3547), so as to provide that the corporate limits of such town shall include certain property; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 626. By Representative Channell of the 120th:
A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to split the position of secretary-treasurer into two separate positions; 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 627. By Representatives Jones of the 47th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to change a certain provision relating to the dissolution of the district; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 628. By Representatives Neal of the 2nd, Deffenbaugh of the 1st and Weldon of the 3rd:
A BILL to be entitled an Act to amend an Act to change the method of filling vacancies on the board of the hospital authority of Walker, Dade, and

3070

JOURNAL OF THE HOUSE

Catoosa counties, approved April 12, 1982 (Ga. L. 1982, p. 4531), so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 629. By Representatives Gregory of the 34th, Setzler of the 35th, Carson of the 46th, Cooper of the 43rd, Teasley of the 37th and others:
A BILL to be entitled an Act to provide a new charter for the City of Kennesaw; to provide for reincorporation; to provide for an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 630. By Representative Kelley of the 16th:
A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652), so as to provide for districts; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 631. By Representative Kelley of the 16th:
A BILL to be entitled an Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3949), so as to change certain provisions relating to the appointment, taking of office, and terms of office of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 632. By Representatives Dukes of the 154th and Greene of the 151st:
A BILL to be entitled an Act to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County

FRIDAY, MARCH 22, 2013

3071

and the City of Albany, approved March 18, 1986 (Ga. L. 1986, p. 3831), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4234), so as to provide for the appointment of members; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 634. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Bruce of the 61st, Smith of the 41st, Evans of the 42nd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide for city council terms and qualifications for office; to provide for election of the city council and mayor; to provide for the powers and duties of the city manager; to provide for the qualifications of the municipal court judges; to provide for a code of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 635. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act to provide for the membership of the Dodge County-Eastman Development Authority, approved May 1, 2012 (Ga. L. 2012, p. 4970), so as to change the membership and terms of office of the Dodge County-Eastman Development Authority; to provide for the transfer of the powers, duties, assets, property, liabilities, and indebtedness of the Heart of Georgia Regional Airport Authority to the Dodge County-Eastman Development Authority; to provided a statement of authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 636. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act to create the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, so as to abolish the authority; to transfer all powers, powers, duties, assets, property, liabilities, and indebtedness of the authority to the

3072

JOURNAL OF THE HOUSE

Dodge County-Eastman Development Authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 638. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Parsons of the 44th, Wilkerson of the 38th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3730), so as to provide for a supplement to be paid to each of the judges of the superior court of such circuit and an additional supplement for the chief judge of such circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 639. By Representatives Mitchell of the 88th, Williams of the 87th, Anderson of the 92nd, Jacobs of the 80th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), and an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), so as to increase the amount of such supplement; 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 641. By Representatives Parsons of the 44th, Cooper of the 43rd, Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd and others:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb

FRIDAY, MARCH 22, 2013

3073

County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 642. By Representatives Jacobs of the 80th, Holcomb of the 81st and Oliver of the 82nd:

A BILL to be entitled an Act to amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton E Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans
Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish
Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson
Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner

3074

JOURNAL OF THE HOUSE

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 161, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

The Speaker ordered that all the Bills on the Local Calendar be immediately transmitted to the Senate.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the Senate:

SB 250. By Senators Jackson of the 2nd and Carter of the 1st:

A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3734), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3564), so as to change the description of the council districts; to provide 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.

SB 253. By Senator Ginn of the 47th:

A BILL to be entitled an Act to provide a new charter for the City of Carlton; to provide for other matters relative to the foregoing; to repeal a specific Act;

FRIDAY, MARCH 22, 2013

3075

to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 141. By Representatives Lindsey of the 54th, Morgan of the 39th, Brockway of the 102nd, Kaiser of the 59th and Jones of the 53rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Department of Public Safety to develop and post the model notice on its website; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 146. By Representatives Weldon of the 3rd, Willard of the 51st and Mabra of the 63rd:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the issuance of arrest and search warrants by video conference; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th:
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 revise provisions concerning the licensing and operation of shooting preserves; to revise the

3076

JOURNAL OF THE HOUSE

definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 235. By Representatives Ehrhart of the 36th and Meadows of the 5th:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 242. By Representatives Willard of the 51st, Coomer of the 14th, Hatchett of the 150th, Nimmer of the 178th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the O.C.G.A., relating to classification and separation of inmates generally; to amend Chapter 4A of Title 49 of the O.C.G.A., relating to the Department of Juvenile Justice; to amend the O.C.G.A., so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 268. By Representatives Harden of the 148th, England of the 116th, Jasperse of the 11th, Burns of the 159th, Williams of the 119th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the O.C.G.A., relating to dealers in agricultural products generally, so as to remove cotton and eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 22, 2013

3077

HB 345. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to repeal conflicting laws; and for other purposes.
HB 349. By Representatives Golick of the 40th, Hatchett of the 150th, Coomer of the 14th, Pak of the 108th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 5 of the O.C.G.A., relating to appeal or certiorari by the state in criminal cases, so as to provide the state with more direct appeal rights; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the O.C.G.A., relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to amend Article 2 of Chapter 8 of Title 24 of the O.C.G.A., relating to admissions and confessions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 553. By Representative Morris of the 156th:
A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 68. By Representative Kidd of the 145th:
A BILL to be entitled an Act to amend Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to revise provisions relating to continuing education requirements for

3078

JOURNAL OF THE HOUSE

persons licensed to practice orthotics or prosthetics; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 94. By Representatives Welch of the 110th, Lindsey of the 54th and Willard of the 51st:
A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages, so as to change provisions relating to the reduction of earnings to present value; to provide for determining the present value of certain future damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 126. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Rogers of the 29th, Tanner of the 9th 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 a definition; to prohibit any person from knowingly and willfully obstructing or hindering any park ranger in the lawful discharge of such park ranger's official duties; to prohibit any person from knowingly and willfully resisting, obstructing, or opposing any park ranger in the lawful discharge of such park ranger's official duties by offering or doing violence to the person of such park ranger; to provide for penalties; to repeal conflicting laws; and for other purposes.
HB 171. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 188081, p. 508), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for the continuation in office of current members; to provide for qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 22, 2013

3079

HB 178. By Representatives Weldon of the 3rd, Cooper of the 43rd, Taylor of the 79th, Channell of the 120th, Parrish of the 158th 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 require the licensure of pain management clinics; to provide for requirements for licensure; to provide for denial, suspension, and revocation of licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others:
A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 317. By Representatives Cooper of the 43rd, Watson of the 166th, Rynders of the 152nd, Jones of the 53rd and Sims of the 123rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the "Medical Practice Act of the State of Georgia," so as to provide for administrative medicine licenses; to provide for definitions; to provide for requirements; to provide for board rules; to provide for educational certificates for out-of-state physicians to participate in educational training in this state that requires patient care; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 347. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others:

3080

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 432. By Representative Morris of the 156th:
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 provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 433. By Representative Morris of the 156th:
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, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3608), 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 submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes.
HB 473. By Representatives Welch of the 110th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and

FRIDAY, MARCH 22, 2013

3081

municipal corporations, so as to add the option of fiscal year contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 496. By Representatives Allison of the 8th and Gasaway of the 28th:
A BILL to be entitled an Act to create the Rabun County Water and Sewer Authority; to repeal conflicting laws; and for other purposes.
HB 535. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act to create the Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 542. By Representative Dutton of the 157th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), as amended, so as to change the description of the election districts; to provide 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 552. By Representatives Morris of the 156th and Nimmer of the 178th:
A BILL to be entitled an Act to create a board of elections for Appling County and to provide for its powers and duties; to provide for definitions; to provide for submission 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 556. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd:
A BILL to be entitled an Act to authorize the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed; to specify the uses to which said technology fees may be put; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

3082

JOURNAL OF THE HOUSE

The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 205. By Representatives Neal of the 2nd, Kidd of the 145th, Cheokas of the 138th, Dunahoo of the 30th and Hill of the 22nd:
A RESOLUTION authorizing the conveyance of certain state owned real property; to provide an effective date; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 250. By Senators Jackson of the 2nd and Carter of the 1st:
A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3734), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3564), so as to change the description of the council districts; to provide 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.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 253. By Senator Ginn of the 47th:
A BILL to be entitled an Act to provide a new charter for the City of Carlton; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Dollar of the 45th, Burns of the 159th, Hitchens of the 161st, and Dunahoo of the 30th.
Pursuant to HR 766, the House honored the memory of Mr. Dick Pettys, expressing regret at his passing, designating a portrait commissioned by members of the House of

FRIDAY, MARCH 22, 2013

3083

Representatives to be displayed in the Coverdell Legislative Office Building in his honor, and invited members of his family to be recognized by the House of Representatives.
Pursuant to HR 721, the House congratulated Ms. Willietta Grant on winning the 2013 Miss Columbus competition and invited her to be recognized by the House of Representatives.
Pursuant to HR 781, the House congratulated the White County High School WTVN Warrior TV broadcast team on their first place win at the 2013 Student Television National Convention and invited Executive Director Charles Dewalt and the students of WTVN to be recognized by the House of Representatives.
Pursuant to HR 534, the House recognized and commended the Osborne High School Junior ROTC Raider Team on their national championship win and invited them to be recognized by the House of Representatives.
Pursuant to HR 782, the House congratulated Payton Jonson on winning the first state championship for Strong Rock Christian School and invited him to be recognized by the House of Representatives.
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 443. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; 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.

3084

JOURNAL OF THE HOUSE

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 194. By Senators Mullis of the 53rd, Shafer of the 48th, Gooch of the 51st, Bethel of the 54th, Hufstetler of the 52nd and others:

A BILL to be entitled an Act to amend Code Section 12-3-50 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Natural Resources relative to historic preservation and promotion, so as to include an exemption for restoration of certain barns used to promote Georgia tourist destinations; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Bell Y Bennett E Bentley Y Benton E Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra

Y McCall Y Meadows Y Mitchell
Morgan Y Morris
Mosby Y Murphy Y Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon
Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C

FRIDAY, MARCH 22, 2013

3085

Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gordon Y Gravley Y Greene Y Gregory

Y Marin Y Martin Y Maxwell Y Mayo

Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 1.

By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Shafer of the 48th, Cowsert of the 46th and Albers of the 56th:

A BILL to be entitled an Act to amend Title 33 and Title 19 of the Official Code of Georgia Annotated, relating respectively to insurance and domestic relations, so as to provide that both parents shall have equal access to the child's health insurance information and records; to provide for exceptions; to provide for parenting plans to include that both parents have access to health insurance information and records; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague
Bell Y Bennett E Bentley Y Benton E Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming E Floyd Y Fludd Y Frazier

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley

Y McCall Y Meadows Y Mitchell
Morgan Y Morris
Mosby Y Murphy Y Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey
Randall Y Rice Y Riley

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S

3086

JOURNAL OF THE HOUSE

Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Frye Fullerton
Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 96.

By Senators Mullis of the 53rd, Stone of the 23rd, Thompson of the 5th, Hufstetler of the 52nd, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to solicitors-general of state courts, so as to provide that a part-time solicitor-general of the state court and any part-time assistant solicitor-general may engage in the private practice of law but shall not represent defendants in criminal matters in such solicitorgeneral's state court; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton E Beverly
Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nimmer Y Nix E Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A

Y Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T

FRIDAY, MARCH 22, 2013

3087

Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, C Y Epps, J E Evans
Fleming E Floyd Y Fludd Y Frazier Y Frye
Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Greene Y Gregory

Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C
Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representative Channell of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 146 Do Pass, by Substitute SB 145 Do Pass, by Substitute

Respectfully submitted, /s/ Channell of the 120th
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 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and

3088

JOURNAL OF THE HOUSE

offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; 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 Article 4 of Chapter 11 of Title 16, Code Section 35-3-34, and Article 3 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, disclosure and dissemination of criminal background checks to private persons and businesses, and examination, hospitalization, and treatment of involuntary patients, respectively, so as to change provisions relating to carrying weapons and the issuance of weapons carry licenses; to provide for a short title; to change provisions relating to carrying weapons in unauthorized locations; to provide for and change definitions; to change provisions relating to carrying weapons within certain school safety zones and at school functions; to change provisions relating to exemptions for carrying weapons within school safety zones; to allow persons who have had their weapons carry license revoked to be eligible to be license holders under certain circumstances; to prohibit the creation or maintenance of data bases regarding persons issued weapons carry licenses; to provide for verification of weapons carry licenses; to remove fingerprinting requirements for renewal licenses; to change provisions relating to persons exempt from the provisions of Code Sections 16-11-126 through 16-11-127.2; to provide for local boards of education to authorize personnel to carry weapons within school safety zones under certain circumstances; to provide for the offense of unlawfully carrying a weapon into a secure airport area; to change legislative findings and provide for preemption for weapons other than firearms; to provide for the collection and dissemination of information pertinent to issuing weapons carry licenses; to amend Code Sections 16-12-1 and 43-38-10 of the Official Code of Georgia Annotated, relating to contributing to the delinquency, unruliness, or deprivation of a minor and private detectives and security agencies permits to carry firearms, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.

FRIDAY, MARCH 22, 2013

3089

This Act shall be known and may be cited as the "Safe Carry Protection Act."
SECTION 1-2. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by revising subsection (d) of Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, as follows:
"(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to forbid exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135."
SECTION 1-3. Said article is further amended by revising Code Section 16-11-127, relating to carrying weapons in unauthorized locations and penalty, as follows:
"16-11-127. (a) As used in this Code section, the term:
(1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (3) 'Government building' means:
(A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (4) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (5) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of

3090

JOURNAL OF THE HOUSE

motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar. (b) Except as provided in Code Section 16-11-127.1 and subsection (d) or (e) of this Code section, a A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship, unless the administrative board of such place of worship permits the carrying of weapons or long guns by license holders; (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders; (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. (c) A Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to forbid exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and

FRIDAY, MARCH 22, 2013

3091

(3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility. (e) A license holder shall be authorized to carry a weapon in a government building where ingress into such building is not restricted or screened by security personnel during the hours the government building is open for business. A person who is not a license holder and who attempts to enter a government building carrying a weapon shall be guilty of a misdemeanor. A license holder who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor; provided, however, that a license holder who exits such building or leaves such location upon his or her observation that such building has security personnel restricting or screening ingress into such building shall not be guilty of violating this subsection."
SECTION 1-4. Said article is further amended by revising subsection (a), paragraph (1) of subsection (b), and subsections (c) through (f) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"(a) As used in this Code section, the term: (1) 'Bus or other transportation furnished by a school' means a bus or other transportation furnished by a public or private elementary or secondary school. (2) 'School function' means a school function or related activity that occurs outside of a school safety zone and is for a public or private elementary or secondary school. (1)(3) 'School safety zone' means in or on any real property or building owned by or leased to: (A) Any any public or private elementary school, secondary school, or school local board of education and used for elementary or secondary education; and in or on the campus of any (B) Any public or private technical school, vocational school, college, university, or other institution of postsecondary education. (2)(4) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of

3092

JOURNAL OF THE HOUSE

Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25." "(c) The provisions of this Code section shall not apply to: (1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes; (2) Participants in organized sport shooting events or firearm training courses; (3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (4) Persons participating in law enforcement training conducted by a police academy certified by the Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof; (5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; (E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and (F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; (6) A person who has been authorized in writing by a duly authorized official of the school a public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education or a local board of education as provided in Code Section 16-11-130.1 to have in such person's possession or use as part of any activity being conducted at a school building, school property, or within a school safety zone, at a school function, or on a bus or other transportation furnished by a school a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid; (7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, within a school safety zone, at a school function, or

FRIDAY, MARCH 22, 2013

3093

school property or on a bus or other transportation furnished by the a school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property within a school safety zone or is in transit through a designated school safety zone; (8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, within a school safety zone, at a school function, or school property or on a bus or other transportation furnished by the a school, or when such vehicle is used to transport someone to an activity being conducted on school property within a school safety zone which has been authorized by a duly authorized official of the school or local board of education as provided by paragraph (6) of this subsection; provided, however, that this exception shall not apply to a student attending such a public or private elementary or secondary school; (9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; (11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon; (12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation; (13) Public safety directors of municipal corporations; (14) State and federal trial and appellate judges; (15) United States attorneys and assistant United States attorneys; (16) Clerks of the superior courts; (17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle; or (18) Constables of any county of this state; (19) Any license holder when he or she is in or on any real property or building owned or leased to any public technical school, vocational school, college, university, or other institution of postsecondary education; provided, however, that such exception shall not apply to such property or buildings used for athletic sporting events or student housing, including fraternity and sorority houses; or

3094

JOURNAL OF THE HOUSE

(20) Any license holder when he or she is in or on any real property or building owned or leased to any private technical school, vocational school, college, university, or other institution of postsecondary education if the president of such school, college, university, or other institution of postsecondary education has established a policy authorizing license holders to carry a weapon. (d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, that it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, a bus or other transportation furnished by the a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section. (3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law. (e) It shall be no defense to a prosecution for a violation of this Code section that: (1) A public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school public or private elementary or secondary school or public or private technical school, vocational school, college, university, or other institution of postsecondary education purposes at the time of the offense; or (3) The offense took place on a bus or other transportation furnished by a school vehicle. (f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or the area of any campus of any public or private technical school, vocational school, college, university, or other institution of postsecondary education and used for student housing or athletic sporting events, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or

FRIDAY, MARCH 22, 2013

3095

relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county."
SECTION 1-5. Said article is further amended by revising subsections (b), (c), (d), and (f) of Code Section 16-11-129, relating to license to carry weapons, and by adding two new subsections to read as follows:
"(b) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief an adjudication of guilt. Such term shall not include an order of discharge and exoneration pursuant to Article 3 of Chapter 8 of Title 42. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (D) 'Involuntary treatment' shall have the same meaning as set forth in Code Section 37-3-1. (E) 'Mental illness' shall have the same meaning as set forth in Code Section 37-31. (2) No weapons carry license shall be issued to: (A) Any person under younger than 21 years of age unless he or she: (i) Is at least 18 years of age; (ii) Provides proof that he or she has completed basic training in the armed forces of the United States; and (iii) Provides proof that he or she is actively serving in the armed forces of the United States or has been honorably discharged from such service; (B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation; (C) Any person against whom proceedings are pending for any felony; (D) Any person who is a fugitive from justice; (E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug;

3096

JOURNAL OF THE HOUSE

(G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section within three years of the date of his or her application; (H) Any person who has been convicted of any of the following:
(i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii)(ii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127 and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five three years immediately preceding the date of the application; (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (E) through (G) of this paragraph for at least five three years immediately preceding the date of the application; or (J) Any person who: (i) Has been adjudicated mentally incompetent to stand trial; (ii) Has been adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Chapter 7 of Title 17; or (iii) Is registered on the state sexual offender registry; (K) Any person who, within the five years immediately preceding the application, has had a guardian or conservator appointed to represent such person as a result of a mental illness or alcohol or drug dependency; or (L) Any person who, has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application, has had involuntary treatment. An applicant's statement that he or she has not had involuntary treatment within the five years immediately preceding his or her application shall create a rebuttable presumption that he or she has not been so treated. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department shall request involuntary treatment information from the Georgia Crime Information

FRIDAY, MARCH 22, 2013

3097

Center as provided in paragraph (3) of subsection (e) of Code Section 35-3-34. The judge shall keep any such hospitalization or all mental health treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the a weapons carry license or renewal license to an applicant who has had involuntary treatment; provided, however, that the judge shall issue or deny such license within 30 days of the date that such application was filed. In the event the judge denies such license application, the judge shall inform the applicant of his or her right to have a hearing before the court relative to the applicant's fitness to be issued such license. (3) If first offender treatment without adjudication of guilt for a conviction contained in subparagraph (F) or (I) of paragraph (2) of this subsection was entered and such sentence was successfully completed and such person has not had any other conviction since the completion of such sentence and for at least five years immediately preceding the date of the application, he or she shall be eligible for a weapons carry license provided that no other license exception applies. (c) Fingerprinting. Following completion of the application for a weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then so that such agency can capture the fingerprints of the applicant for a weapons carry license or renewal license and place the name of the applicant on the blank license form. The appropriate local law enforcement agency shall place the fingerprint on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court if a fingerprint is required to be furnished by subsection (f) of this Code section. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the fingerprinting and processing of an application. Fingerprinting shall not be required for applicants seeking temporary renewal licenses or renewal licenses. (d) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the

3098

JOURNAL OF THE HOUSE

application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by United States Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court." "(f)(1) Weapons carry license specifications. Weapons carry licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, and sex of the licensee. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. Licenses issued on and before December 31, 2011, shall bear a clear print of the licensee's right index finger; however, if the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken prior to January 1, 2012, shall be in the format specified by the former provisions of this paragraph as they existed on June 30, 2013.

FRIDAY, MARCH 22, 2013

3099

(2)(A) On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (B)(3) Using the physical characteristics of the license set forth in subparagraph (A) of this paragraph (2) of this subsection, The Council of Probate Court Judges of Georgia shall create specifications for the probate courts so that all weapons carry licenses in this state shall be uniform and so that probate courts can petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing such licenses. The department shall follow the competitive bidding procedure set forth in Code Section 50-5-102." "(k) A person or entity shall not create or maintain a multijurisdictional data base of information regarding persons issued weapons carry licenses. (l) The judge of a probate court or his or her designee shall be authorized to verify the legitimacy and validity of a weapons carry license to a license holder, pursuant to a subpoena or court order, or for public safety purposes, but shall not be authorized to provide any further information regarding license holders."
SECTION 1-6. Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11127.2, as follows:
"(3) Persons in the military service of the state or National Guard or the armed forces of the United States or a person 21 years of age or younger who has received an honorable discharge from the armed forces of the United States;"
SECTION 1-7. Said article is further amended by adding two new Code sections to read as follows:
"16-11-130.1. (a) As used in this Code section, the term:
(1) 'Bus or other transportation furnished by a school' means a bus or other transportation furnished by a public or private elementary or secondary school.

3100

JOURNAL OF THE HOUSE

(2) 'School function' means a school function or related activity that occurs outside of a school safety zone for a public or private elementary or secondary school. (3) 'School safety zone' means in or on any real property or building owned by or leased to any public or private elementary or secondary school or local board of education and used for elementary or secondary education. (4) 'Weapon' shall have the same meaning as set forth in Code Section 16-11-127.1. (b) A local board of education shall approve personnel to possess or carry weapons as provided in paragraph (6) of subsection (c) of Code Section 16-11-127.1 if such board has adopted and implemented a policy which provides for: (1) Sufficient training of approved personnel prior to authorizing such personnel to carry weapons. The training shall at a minimum include training on judgment pistol shooting, marksmanship, and a review of current laws relating to the use of force for the defense of self and others; provided, however, that the local board of education training policy may substitute for certain training requirements the personnel's prior military or law enforcement service if the approved personnel has previously served as a certified law enforcement officer or has had military service which involved similar weapons training; (2) An approved list of the types of weapons and ammunition and the quantity of weapons and ammunition authorized to be possessed or carried; (3) The exclusion from approval of any personnel who has had an employment or other history indicating any type of mental or emotional instability as determined by the local board of education; and (4) A mandatory method of securing weapons which shall include at a minimum a requirement that the weapon, if permitted to be carried concealed by personnel, shall be carried in a holster on the person and not in a purse, briefcase, bag, or similar other accessary which is not secured on the body of the person and, if maintained separate from the person, shall be maintained in a secured lock safe or similar lock box that cannot be easily accessed by students. (c) Any personnel selected to possess or carry weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be a license holder, and the local board of education shall be responsible for conducting a criminal history background check of such personnel annually to determine whether such personnel remains qualified to be a license holder. (d) The selection of approved personnel to possess or carry a weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be done strictly on a voluntary basis. No personnel shall be required to possess or carry a weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school and shall not be terminated or otherwise retaliated against for refusing to possess or carry a weapon. (e) The local board of education shall be responsible for any costs associated with approving personnel to carry or possess weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school; provided, however, that nothing contained in this Code section shall prohibit any approved

FRIDAY, MARCH 22, 2013

3101

personnel from paying for part or all of such costs or using any other funding mechanism available, including donations or grants from private persons or entities. (f) Documents and meetings pertaining to personnel approved to carry or possess weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be considered employment and public safety security records and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. (g) This Code section shall not be construed to require or otherwise mandate that any local board of education or school administrator adopt or implement a practice or program for the approval of personnel to possess or carry weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school nor shall this Code section create any liability for adopting or declining to adopt such practice or program. Such decision shall rest with each individual local board of education.
16-11-130.2. (a) No person shall enter the restricted access area of a commercial service airport, in or beyond the airport security screening checkpoint, knowingly possessing or knowingly having under his or her control a weapon or long gun. Such area shall not include an airport drive, general parking area, walkway, or shops and areas of the terminal that are outside the screening checkpoint and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that weapons are prohibited in such area. (b) A person who violates this Code section shall be guilty of a misdemeanor; provided, however, that a person who violates this Code section with the intent to commit a separate felony offense shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $15,000.00, imprisonment for not less than one nor more than ten years, or both. (c) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state which is in conflict with this Code section shall be null, void, and of no force and effect and this Code section shall preempt any such ordinance, resolution, regulation, or policy."
SECTION 1-8. Said article is further amended by revising subsections (a) and (b) of Code Section 16-11173, relating to legislative findings and preemption of local regulation and lawsuits, and by adding a new subsection to read as follows:
"(a)(1) It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern. (2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.

3102

JOURNAL OF THE HOUSE

(b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, nor any agency, board, department, commission, or authority of this state, other than the General Assembly, by rule, regulation, or other enactment shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons; firearms dealers or dealers of other weapons; or dealers in firearms components of firearms or other weapons. (2) The authority to bring suit and right to recover against any weapons, firearms, or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority." "(f) As used in this Code section, the term 'weapon' shall have the same meaning as set forth in Code Section 16-11-127.1."
SECTION 1-9. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal background checks to private persons and businesses and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, is amended in subsection (e) by adding a new paragraph to read as follows:
"(3)(A) As used in this paragraph, the term 'involuntary treatment' shall have the same meaning as set forth in Code Section 37-3-1. (B) The records of the center shall include information as to whether a person has had involuntary treatment. In order to carry out the provisions of Code Section 1611-129, the center shall be provided such information and no other mental health information from the records of the probate and superior courts ordering persons to have involuntary treatment. With respect to probate court records, such information shall be provided in a manner agreed upon by the Probate Judges Training Council and the bureau. With respect to superior court records, such information shall be provided in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the bureau. Such records shall be provided in a manner so as to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary treatment information has been received by the center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period.

FRIDAY, MARCH 22, 2013

3103

(C) In order to carry out the provisions of Code Section 16-11-129, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or been found not guilty by reason of insanity at the time of the crime. The clerk of court shall report such information to the center."
SECTION 1-10. Article 3 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, hospitalization, and treatment of involuntary patients, is amended by adding a new part to read as follows:
"Part 5
37-3-98. Notwithstanding the provisions of Article 6 of this chapter, a probate court that issues an order for involuntary treatment or a superior court that upholds such order shall submit, within 30 days of issuance, such order to the Georgia Bureau of Investigation in accordance with Code Section 35-3-34."
PART II SECTION 2-1.
Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency, unruliness, or deprivation of a minor, is amended by revising paragraph (5) of subsection (b) as follows:
"(5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or"
SECTION 2-2. Code Section 43-38-10 of the Official Code of Georgia Annotated, relating to private detectives and security agencies permits to carry firearms, is amended by revising subsection (a) as follows:
"(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is at least 21 years of age and is a license holder as defined in Code Section 16-11-125.1, who is licensed or registered in accordance with this chapter, and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on

3104

JOURNAL OF THE HOUSE

forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual."

PART III SECTION 3-1.

All laws and parts of laws in conflict with this Act are repealed.

Representative Gregory of the 34th moved to temporarily suspend the rules so that an amendment may be offered.

The Speaker did not recognize him for that purpose.

Representative Gregory of the 34th moved to appeal the ruling of the Chair.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander N Allison N Anderson N Atwood N Ballinger N Barr N Battles N Beasley-Teague N Bell N Bennett E Bentley N Benton N Beverly N Black
Braddock N Broadrick N Brockway N Brooks N Bruce N Bryant N Buckner N Burns N Caldwell, J N Caldwell, M N Carson N Carter N Casas N Chandler N Channell N Chapman N Cheokas N Clark, J N Clark, V

N Coomer N Cooper N Dawkins-Haigler N Deffenbaugh N Dempsey N Dickerson N Dickey N Dickson N Dollar N Douglas N Drenner N Dudgeon N Dukes N Dunahoo N Duncan N Dutton N Ehrhart N England N Epps, C N Epps, J E Evans N Fleming E Floyd N Fludd N Frazier N Frye N Fullerton N Gardner N Gasaway N Geisinger N Glanton N Golick N Gordon N Gravley

N Hamilton N Harbin N Harden N Harrell N Hatchett N Hawkins N Henson N Hightower N Hill N Hitchens N Holcomb N Holmes N Holt N Houston N Howard N Hugley N Jackson N Jacobs N Jasperse N Jones, J
Jones, L N Jones, S N Jordan N Kaiser N Kelley N Kendrick N Kidd N Kirby N Knight N Lindsey N Lumsden N Mabra N Marin
Martin

N McCall N Meadows N Mitchell N Morgan N Morris N Mosby N Murphy N Neal N Nimmer N Nix N Oliver N O'Neal N Pak N Parrish N Parsons N Peake N Pezold N Powell, A N Powell, J N Pruett N Quick N Ramsey N Randall N Rice N Riley N Roberts N Rogers, C N Rogers, T N Rutledge N Rynders N Scott N Setzler N Sharper N Shaw

E Sims, C N Smith, E N Smith, L E Smith, M E Smith, R N Smyre N Spencer N Stephens, M N Stephens, R E Stephenson N Stovall N Stover N Strickland N Talton N Tankersley N Tanner N Taylor, D N Taylor, T
Teasley N Thomas, A.M. N Thomas, B N Turner N Waites N Watson, B N Watson, S N Welch N Weldon N Wilkerson N Wilkinson N Willard N Williams, A N Williams, C N Williams, E N Williamson

FRIDAY, MARCH 22, 2013

3105

N Coleman N Cooke

N Greene Y Gregory

N Maxwell N Mayo

N Sheldon N Sims, B

N Yates Ralston, Speaker

On the motion, the ayes were 1, nays 167.

The motion was lost.

The following amendment was read and adopted:

Representative Jasperse of the 11th offers the following amendment:

Amend the House Committee on Public Safety and Homeland Security substitute to SB 101 (LC 35 3016S) by replacing "37-3-1" with "37-1-1" on line 294.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett E Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J E Evans Y Fleming E Floyd N Fludd N Frazier N Frye N Fullerton N Gardner

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T

E Sims, C N Smith, E
Smith, L E Smith, M E Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson

3106

JOURNAL OF THE HOUSE

Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon Y Gravley Y Greene N Gregory

Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

N Wilkinson N Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 55.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 204. By Senators Cowsert of the 46th and McKoon of the 29th:

A BILL to be entitled an Act to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, so as to limit the scope of judgments or orders in child custody cases which are subject to direct appeal; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B

FRIDAY, MARCH 22, 2013

3107

Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon
Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, the ayes were 169, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 122. By Senators Hill of the 6th, Chance of the 16th, Staton of the 18th, Shafer of the 48th, Carter of the 42nd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to authorize the issuance of a temporary driving permit to a noncitizen applicant whose Georgia driver's license has expired, or will expire, who has filed a request for an extension to remain lawfully within the United States; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton

3108

JOURNAL OF THE HOUSE

Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming E Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 169, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 82.

By Senators Gooch of the 51st, Miller of the 49th, Murphy of the 27th, Cowsert of the 46th, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to change designations from North Georgia College to the University of North Georgia; to designate the University of North Georgia as the senior military college of Georgia; to 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 Abrams Y Alexander Y Allison Y Anderson

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden
Harrell

Y McCall Y Meadows Y Mitchell
Morgan

E Sims, C Y Smith, E Y Smith, L E Smith, M

FRIDAY, MARCH 22, 2013

3109

Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming E Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Morris Y Mosby
Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 168, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

The following report of the Committee on Rules was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, MARCH 22, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

3110

JOURNAL OF THE HOUSE

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

SB 139

Contracts; collection of closing fees; advance of money/extension of credit (Substitute)(B&B-Dunahoo-30th) Miller-49th

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 139. By Senators Miller of the 49th, Staton of the 18th, Harbison of the 15th, Shafer of the 48th, Mullis of the 53rd and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

FRIDAY, MARCH 22, 2013

3111

To amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to amend Article 4 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the sale of checks or money orders, so as to provide for a licensing exemption for the selling and issuing of checks by state and federal entities and authorized agents; to provide for exclusions and applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, is amended by adding a new Code section to read as follows:
"13-1-14. (a) In addition to any other charges permitted for the advance of money or for the extension of credit, a lender or seller may collect a closing fee at the time of making a loan or extending credit in order to defray the costs of investigation and verification of a borrower's or purchaser's credit reports and references. Such closing fee may be for an amount up to 4 percent of the face amount of the loan or credit extension or total amount of the sales contract but shall not be more than $50.00. Such closing fee may be paid from the proceeds of the amount borrowed or added to the principal amount of the loan or credit extension. (b) When any loan or sales contract upon which a closing fee has been charged is prepaid in full by any means within 90 days of the date of the loan or sales contract, the lender or seller shall refund or credit the borrower or purchaser with a pro rata portion of the closing fee; provided, however, that in such event, the lender or seller may retain an amount of not more than $25.00 from the collected closing fee. (c) This Code section shall only apply to industrial loans made pursuant to Chapter 3 of Title 7, retail installment and home solicitation sales contracts entered into pursuant to Article 1 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a closing fee authorized under this Code section shall not constitute interest, a time price differential, a finance charge, or a service charge within the meaning of Code Section 7-3-15, 10-1-4, or 3322-9. (d) Nothing contained in Code Section 7-4-18 shall be construed to amend or modify the provisions of this Code section."
SECTION 2. Article 4 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the sale of checks or money orders, is amended by revising Code Section 7-1-681, relating to licensing requirements, to read as follows:

3112

JOURNAL OF THE HOUSE

"7-1-681. No person or corporation, other than a bank or trust company, a credit union, a savings and loan association, or a savings bank, whether state or federally chartered, the deposits of which are federally insured,; the authorized agent of a licensee;, or the United States Postal Service; or a federal or state governmental department, agency, authority, or instrumentality and its authorized agents, shall engage in the business of selling or issuing checks without having first obtained a license under this article. This restriction applies to any nonresident person or corporation that engages in this state in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this state. A license for the sale of checks or money orders shall also qualify as a license for the business of money transmission. The provisions of this article shall also apply to the business of money transmission unless specifically excluded."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L Y Jones, S

McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B N Turner

FRIDAY, MARCH 22, 2013

3113

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo

Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S N Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 164, nays 7.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Weldon of the 3rd moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd, Orrock of the 36th and Stone of the 23rd:

A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; 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 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th:

A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes.

3114

JOURNAL OF THE HOUSE

Representative Ramsey of the 72nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 487 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 Ramsey of the 72nd, Coomer of the 14th and Williams of the 168th.
Representative Powell of the 32nd asked unanimous consent that SB 101 be immediately transmitted to the Senate.
It was so ordered.
The Speaker announced the House in recess until 1:00 o'clock, this afternoon.

FRIDAY, MARCH 22, 2013

3115

AFTERNOON SESSION
The Speaker called the House to order.
Representative Parsons of the 44th District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Energy, Utilities, and Telecommunications has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 242 Do Pass
Respectfully submitted, /s/ Parsons of the 44th
Chairman
The following Resolution of the House was read and referred to the Committee on Rules:
HR 828. By Representatives Sharper of the 177th, Shaw of the 176th, Black of the 174th, Carter of the 175th and Meadows of the 5th:
A RESOLUTION commending the Valdosta High School Quartet and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 828 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 646. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Mr. Ira Spradlin on the occasion of his retirement and inviting him to appear before the House of Representatives; and for other purposes.

3116

JOURNAL OF THE HOUSE

HR 764. By Representatives Rice of the 95th and Marin of the 96th:
A RESOLUTION recognizing and commending the Norcross High School girls basketball team on their 2013 GHSA Class AAAAAA State Championship win and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 765. By Representatives Rice of the 95th and Marin of the 96th:
A RESOLUTION congratulating the Norcross Blue Devils boys basketball team on their 2013 Class AAAAAA State Championship win and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 782. By Representatives Strickland of the 111th, Welch of the 110th, Knight of the 130th and Rutledge of the 109th:
A RESOLUTION congratulating Payton Jonson on winning the first state championship for Strong Rock Christian School and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 828. By Representatives Sharper of the 177th, Shaw of the 176th, Black of the 174th, Carter of the 175th and Meadows of the 5th:
A RESOLUTION commending the Valdosta High School Quartet and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 829. By Representative Parrish of the 158th:
A RESOLUTION honoring and celebrating the 100th birthday of Mr. James H. Morgan; and for other purposes.
HR 830. By Representative Teasley of the 37th:
A RESOLUTION recognizing and commending Dylan Michael Bone; and for other purposes.

FRIDAY, MARCH 22, 2013

3117

HR 831. By Representatives Lindsey of the 54th and Fludd of the 64th:
A RESOLUTION recognizing and commending the Davidson College men's basketball team on winning the Southern Conference Championship; and for other purposes.
HR 832. By Representatives Hawkins of the 27th, Dunahoo of the 30th, Rogers of the 29th and Barr of the 103rd:
A RESOLUTION congratulating the North Hall High School Trojans varsity boys basketball team on its exemplary season; and for other purposes.
HR 833. By Representatives Drenner of the 85th, Waites of the 60th and Bell of the 58th:
A RESOLUTION congratulating the Atlanta Freedom Bands on its 20th anniversary and recognizing the LGBT's international conference; and for other purposes.
HR 834. By Representatives Morgan of the 39th, Setzler of the 35th, Smith of the 41st, Evans of the 42nd, Teasley of the 37th and others:
A RESOLUTION recognizing and commending Ms. Melinda Ashcraft; and for other purposes.
HR 835. By Representatives Brooks of the 55th and Thomas of the 56th:
A RESOLUTION honoring the life and memory of Deacon Johnny Anthony Neal; and for other purposes.
HR 836. By Representative Epps of the 132nd:
A RESOLUTION honoring the life and memory of Mr. Willie Harold Johnson; and for other purposes.
HR 837. By Representatives Bennett of the 94th, Morgan of the 39th, Hugley of the 136th, Abrams of the 89th, Anderson of the 92nd and others:
A RESOLUTION honoring the life and memory of Ms. Ruby Yvette Simpson; and for other purposes.
HR 838. By Representatives Thomas of the 56th, Alexander of the 66th, Brooks of the 55th, Jones of the 53rd and Beasley-Teague of the 65th:

3118

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Audri Scott Williams; and for other purposes.

HR 839. By Representatives Thomas of the 56th, Alexander of the 66th, Brooks of the 55th, Jones of the 53rd and Beasley-Teague of the 65th:

A RESOLUTION recognizing and commending Sri Charles Davis; and for other purposes.

HR 840. By Representative Waites of the 60th:

A RESOLUTION recognizing and commending Pamela Perkins Carn; and for other purposes.

HR 841. By Representative Roberts of the 155th:

A RESOLUTION commending Mr. Jon Lindsey, the Class A 2012 Football Coach of the Year; and for other purposes.

HR 842. By Representative Setzler of the 35th:

A RESOLUTION recognizing and commending Chesley Phillip Robuck; and for other purposes.

HR 843.

By Representatives Anderson of the 92nd, Dawkins-Haigler of the 91st, Stephenson of the 90th, Dickerson of the 113th, Kirby of the 114th and others:

A RESOLUTION recognizing and commending Mr. Cal Flanigan on the occasion of his retirement; 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 234. By Senators Jones of the 25th, Murphy of the 27th, Millar of the 40th, Ginn of the 47th, Golden of the 8th 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 comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell travel insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 22, 2013

3119

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T E Teasley
Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S
Welch Weldon Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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 231. By Senators Loudermilk of the 14th, Albers of the 56th, Ligon, Jr. of the 3rd, Hill of the 4th and Bethel of the 54th:

A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's

3120

JOURNAL OF THE HOUSE

Education Commission, so as to extend the sunset provisions for the additional sums collected on fines for the purpose of funding the commission and driver education and training in Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, so as to extend the sunset provision for the additional sums collected on fines for the purpose of funding the commission and driver education and training in Georgia; to lower the amount of the fine to be imposed; to require a report to the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, is amended by revising Code Section 15-21179, relating to additional penalty for violation of traffic laws or ordinances, as follows:
"15-21-179. (a) 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 1.5 percent of the original fine. (b) Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this article. (c) This Code section shall be repealed in its entirety on June 30, 2013 2016, unless extended by an Act of the General Assembly."
SECTION 2. Said article is further amended by revising Code Section 15-21-181, relating to report of funds received from additional penalties and funds made available to the Georgia Driver's Education Commission, as follows:
"15-21-181. (a) As soon as practicable after the end of each fiscal year, the Office of the State Treasurer shall report the amount of funds received pursuant to Code Section 15-21-179

FRIDAY, MARCH 22, 2013

3121

to the Office of Planning and Budget and the commission. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such fines in any fiscal year shall be made available during the following fiscal year to the commission for the purposes set forth in Code Section 15-21-178. (b) Not later than October 1 of each year, the commission shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives, as well as the committee chairpersons for the standing committees in the Senate and the House of Representatives that are assigned issues related to motor vehicles. The report shall include the amount of funds collected from the additional penalty imposed under this article for the previous three fiscal years, the amount of such funds appropriated to the commission for each such corresponding year, and the manner and purposes for which such funds have been expended."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick N Brockway Y Brooks Y Bruce Y Bryant Y Buckner

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S

McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner

3122

JOURNAL OF THE HOUSE

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Floyd Fludd
Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Gordon Y Gravley E Greene N Gregory

Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo

Y Randall Y Rice Y Riley N Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Rice of the 95th asked unanimous consent that SB 231 be immediately transmitted to the Senate.

It was so ordered.

SB 158. By Senators Orrock of the 36th, Unterman of the 45th, Stone of the 23rd, Ligon, Jr. of the 3rd, Henson of the 41st and others:

A BILL to be entitled an Act to amend Code Section 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; 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 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 22, 2013

3123

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, is amended by revising subsection (l) as follows:
"(l) The Department of Public Health shall develop and make available a Physician Order for Life-sustaining Treatment, a specific form voluntarily executed by a patient and or his or her authorized representative person as defined in Code Section 31-39-2 and a physician which provides directions regarding end of life care."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton
Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd
Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard

3124

JOURNAL OF THE HOUSE

Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Glanton Y Golick Y Gordon Y Gravley E Greene Y Gregory

E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Welch of the 110th asked unanimous consent that SB 158 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 187. By Senator Hill of the 32nd:

A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee on Rules was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR #2 FRIDAY, MARCH 22, 2013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

FRIDAY, MARCH 22, 2013

3125

DEBATE CALENDAR

Modified Open Rule

HR 552 SB 65 SB 100 SB 115 SB 155

State Department of Education; implementation of comprehensive school counseling programs for Georgia students; request (Ed-Chandler-105th) Mental Health; authorize licensed professional counselor to perform certain acts; secure certification (Substitute)(H&HS-Cooper-43rd) Unterman-45th Career and Technical Education Advisory Commission; reestablish; membership (Ed-Maxwell-17th) Wilkinson-50th Education; performance data of students in certain placements included in resident school system data (Ed-Coleman-97th) Tippins-37th Georgia Higher Education Assistance Corporation; change membership to accommodate Fourteenth Congressional District (Substitute)(HEd-Tanner9th) Gooch-51st

Modified Structured Rule

SB 70 SB 86 SB 105 SB 113 SB 121 SB 134 SB 185 SB 226

Transportation, Dept. of; change type of projects eligible for design-build contracts and procurement process (Trans-Burns-159th) Gooch-51st Family Violence Order; provide greater protection of victims of family violence (Substitute)(JudyNC-Atwood-179th) Stone-23rd "Uniform Fraudulent Transfers Act"; provide for a definition (Substitute)(Judy-Jacobs-80th) Davis-22nd Civil Practice; personal service of a summons on a corporation; provisions (Substitute)(Judy-Willard-51st) Jones-10th (AM 29 2173) License Plates; retired members of the General Assembly (Substitute)(MotV-Rice-95th ) Ramsey, Sr.-43rd (AM 35 0333) Controlled Substances; revise the definition of "prescriber" (JudyNCWeldon-3rd) Carter-1st (AM ) Banking; secured transactions; change/provide for definitions; electronic chattel paper; provisions (Substitute)(Judy-Jacobs-80th) Stone-23rd Coroners; investigation fees; change certain provisions (GAff-Tanner-9th) Gooch-51st

Structured Rule

SB 137 SB 224

Income Tax; authorize the commissioner of economic development to designate areas as opportunity zones (Substitute)(W&M-Coomer-14th) Jeffares-17th Invest Georgia Fund; create (Substitute)(W&M-Williamson-115th) Golden-8th

3126

JOURNAL OF THE HOUSE

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 226. By Senators Gooch of the 51st, Jackson of the 24th, Wilkinson of the 50th, Bethel of the 54th, Mullis of the 53rd and others:

A BILL to be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to investigation fees; to provide for changes to compensation options of coroners; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M

E Coomer Y Cooper Y Dawkins-Haigler N Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson E Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier

Y Hamilton Harbin
Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S

FRIDAY, MARCH 22, 2013

3127

Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley E Greene Y Gregory

Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 162, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

SB 185. By Senator Stone of the 23rd:

A BILL to be entitled an Act to amend Article 9 of Title 11 of the O.C.G.A., relating to secured transactions, so as to modernize the article; to change and provide for definitions; to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets considered in determining financial condition of insurers, generally, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley

3128

JOURNAL OF THE HOUSE

Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley E Greene Y Gregory

Y Jones, J Jones, L
Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd
Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd and others:

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 personal service of a summons on a corporation; 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 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to change provisions relating to personal service of a summons on a corporation and foreign corporation under certain circumstances; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, is amended by revising subsection (e) as follows:

FRIDAY, MARCH 22, 2013

3129

"(e) Summons -- Personal service. Except for cases in which the defendant has waived service, the summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows:
(1)(A) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, such corporation or foreign corporation, or a managing agent, or other agent thereof, provided that when for any reason service cannot be had in such manner, the Secretary of State shall be an agent of such corporation or foreign corporation upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The plaintiff or the plaintiff's attorney shall certify in writing to the Secretary of State that he or she has forwarded by registered mail or statutory overnight delivery such process, service, or demand to the last registered office or registered agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the such corporation or foreign corporation has failed either to maintain a registered office or to appoint a registered agent in this state. Further, if it shall appear appears from such certification that there is a last known address of a known officer of the such corporation or foreign corporation outside the this state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail or statutory overnight delivery a copy of the summons and a copy of the complaint. Any such service by certification to the Secretary of State shall be answerable not more than 30 days from the date the Secretary of State receives such certification;. (B) As used in this paragraph, the term 'managing agent' means a person employed by a corporation or a foreign corporation who is at an office or facility in this state and who has managerial or supervisory authority for such corporation or foreign corporation; (2)(A) If the action is against a foreign corporation or a nonresident individual, partnership, joint-stock company, or association, doing business and having a managing or other agent, cashier, or secretary within this state, to such agent, cashier, or secretary or to an agent designated for service of process;. (B) As used in this paragraph, the term 'managing agent' means a person employed by a nonresident individual, partnership, joint-stock company, or association doing business in this state who is at an office or facility in this state and who has managerial or supervisory authority for such nonresident individual, partnership, joint-stock company, or association;

3130

JOURNAL OF THE HOUSE

(3) If against a minor, to the minor, personally, and also to such minor's father, mother, guardian, or duly appointed guardian ad litem unless the minor is married, in which case service shall not be made on the minor's father, mother, or guardian; (4) If against a person residing within this state who has been judicially declared to be of unsound mind or incapable of conducting his or her own affairs and for whom a guardian has been appointed, to the person and also to such person's guardian and, if there is no guardian appointed, then to his or her duly appointed guardian ad litem; (5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city, or to an agent authorized by appointment to receive service of process. If against any other public body or organization subject to an action, to the chief executive officer or clerk thereof; (6) If the principal sum involved is less than $200.00 and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of the abode and on the same day mailing by certified or registered mail or statutory overnight delivery an additional copy to the defendant at his or her last known address, if any, and making an entry of this action on the return of service; or (7) In all other cases to the defendant personally, or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Willard of the 51st offers the following amendment:
Amend the House Committee on Judiciary substitute to SB 113 (LC 29 5645S) by replacing line 16 with the following:
or foreign corporation, a managing agent, or other agent thereof, or a registered agent thereof, provided that when
By replacing lines 41 through 49 with the following: (2)(A) If the action is against a foreign corporation or doing business in this state without authorization to transact business in this state that has a managing agent or against a nonresident individual, partnership, joint-stock company, or association, doing business and having in this state that has a managing or other agent, cashier,

FRIDAY, MARCH 22, 2013

3131

or secretary within this state, to such agent, cashier, or secretary or to an a registered agent designated for service of process;. (B) As used in this paragraph, the term 'managing agent' means a person employed by a foreign corporation doing business in this state without authorization to transact business in this state or a nonresident individual, partnership, joint-stock company, or association doing business in this state who is at an office or facility in this state and who has managerial or supervisory authority for such foreign corporation, nonresident individual, partnership, joint-stock company, or association;

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Chapman Y Cheokas Y Clark, J Y Clark, V

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williamson

3132

JOURNAL OF THE HOUSE

Y Coleman Y Cooke

E Greene Y Gregory

Y Maxwell Y Mayo

Y Sheldon Y Sims, B

Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Willard of the 51st asked unanimous consent that SB 113 be immediately transmitted to the Senate.

It was so ordered.

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 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:

A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014.

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 115. By Senators Tippins of the 37th, Wilkinson of the 50th, Jeffares of the 17th, Williams of the 19th, Harper of the 7th and others:

A BILL to be entitled an Act to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, so as to provide that performance data of students in certain placements are included in the resident school system data; 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:

FRIDAY, MARCH 22, 2013

3133

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick N Gordon Y Gravley E Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer N Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 161, 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 substitute, by the requisite constitutional majority, the following bill of the House:

HB 209. By Representatives Watson of the 166th, Stephens of the 164th, Parrish of the 158th, Cooper of the 43rd, Broadrick of the 4th and others:

3134

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; to revise requirements relating to use of security paper; 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:
HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014.
The following Senate substitute was read:

FRIDAY, MARCH 22, 2013

3135

SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 106 A BILL TO BE ENTITLED AN ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014; 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part I
The sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014, as prescribed hereinafter for such fiscal year:

HB 106 (FY 2014G)
Revenue Sources Available for Appropriation TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658

Gov Rev

House

SAC

$19,864,261,481 $19,864,261,481 $19,864,261,481

$17,422,367,055 $17,422,367,055 $17,422,367,055

$975,897,108 $975,897,108 $975,897,108

$910,819,213 $910,819,213 $910,819,213

$143,758,761 $143,758,761 $143,758,761

$1,988,502

$1,988,502

$1,988,502

$167,756,401 $167,756,401 $167,756,401

$241,674,441 $241,674,441 $241,674,441

$11,671,809,163 $11,691,229,956 $11,692,131,264

$3,505,111,198 $3,505,111,198 $3,505,111,198

$96,773,342 $96,773,342 $96,773,342

$1,308,661

$102,632,009 $102,632,009 $102,632,009

$0

$0 $10,191,339

$14,163,709 $14,163,709 $14,163,709

$15,977,927 $15,977,927 $15,977,927

$1,143,641,430 $1,143,641,430 $1,143,641,430

$73,000,590 $73,978,576 $73,489,583

3136

JOURNAL OF THE HOUSE

Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 FFIND Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 FFIND Temp. Assistance for Needy Families CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances
Reserved Fund Balances Not Itemized Interest and Investment Income
Interest and Investment Income Not Itemized Intergovernmental Transfers
Hospital Authorities University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized Tuition and Fees for Higher Education Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Liability Funds

$51,766,614 $20,886,897 $5,903,396,100 $47,141,096
$2,257,620 $53,771,331 $35,981,142 $249,631,749 $330,741,739 $330,741,739 $15,383,070
$9,551,600 $5,469,450,621
$6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,367,909,586 $214,057,828 $1,972,097,601 $181,754,157 $239,644,939 $239,644,939 $1,672,491 $1,672,491 $2,817,597,126
$435,771 $959,558,722 $1,857,602,633 $12,404,745 $12,404,745 $3,830,198,008 $3,822,672,126 $68,084,624 $16,412,502
$8,132,349 $3,253,537,402
$28,427,991

$51,766,614 $20,886,897 $5,920,668,538 $47,141,096
$2,257,620 $53,771,331 $35,981,142 $250,802,118 $330,741,739 $330,741,739 $15,383,070
$9,551,600 $5,473,235,217
$6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,367,909,586 $214,057,828 $1,972,097,601 $181,754,157 $240,044,939 $240,044,939 $1,672,491 $1,672,491 $2,820,981,722
$435,771 $962,943,318 $1,857,602,633 $12,404,745 $12,404,745 $3,913,749,429 $3,906,223,547 $68,084,624 $16,412,502
$8,132,349 $3,337,088,823
$28,427,991

$51,766,614 $20,886,897 $5,882,293,182 $47,141,096
$2,257,620 $53,771,331 $35,981,142 $279,067,775 $330,741,739 $330,741,739 $15,383,070
$9,551,600 $5,473,984,517
$6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,368,392,309 $214,057,828 $1,972,097,601 $182,236,880 $239,994,939 $239,994,939 $1,672,491 $1,672,491 $2,821,298,299
$435,771 $963,259,895 $1,857,602,633 $12,404,745 $12,404,745 $3,830,198,008 $3,822,672,126 $68,084,624 $16,412,502
$8,132,349 $3,253,537,402
$28,427,991

FRIDAY, MARCH 22, 2013

3137

Merit System Assessments Optional Medicaid Services Payments Retirement Payments Unemployment Compensation Funds Workers Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers Federal Fund Transfers Not Itemized FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 FFIND Child Care and Development Block Grant CFDA93.575 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties

$9,806,920

$9,806,920

$9,806,920

$280,857,262 $280,857,262 $280,857,262

$50,146,672 $50,146,672 $50,146,672

$18,166,404 $18,166,404 $18,166,404

$89,100,000 $89,100,000 $89,100,000

$36,316

$36,316

$36,316

$36,316

$36,316

$36,316

$7,489,566

$7,489,566

$7,489,566

$2,153,035

$2,153,035

$2,153,035

$1,531,226

$1,531,226

$1,531,226

$351,158

$351,158

$351,158

$3,454,147

$3,454,147

$3,454,147

$37,005,521,265 $37,028,726,654 $37,030,377,262

$522,591,938 $495,570,970
$6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 $369,219,988 ($1,739,002)
$0 ($126,838) $394,637,034 $200,470 ($23,751,676) ($20,884,906) $115,637 $115,637 ($1,998,842) ($1,998,842) $330,000 $330,000 ($18,331,701) ($18,331,701) ($1,000,000)

$522,591,938 $495,570,970
$6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 $388,640,781 ($1,739,002)
$0 $851,148 $411,909,472 $200,470 ($22,581,307) ($17,100,310) $115,637 $115,637 ($1,998,842) ($1,998,842) $730,000 $730,000 ($14,947,105) ($14,947,105) ($1,000,000)

$522,591,938 $495,570,970
$6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 $389,542,089 ($1,739,002) $1,308,661 $10,191,339
$362,155 $373,534,116
$200,470 $5,684,350 ($16,351,010)
$115,637 $115,637 ($1,516,119) ($1,516,119) $680,000 $680,000 ($14,630,528) ($14,630,528) ($1,000,000)

3138

JOURNAL OF THE HOUSE

Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers State Fund Transfers Not Itemized Accounting System Assessments Health Insurance Payments Retirement Payments
TOTAL PUBLIC FUNDS
Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS
Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Lieutenant Governor's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

($1,000,000) ($1,000,000) ($1,000,000)

$246,272,618 $329,824,039 $246,272,618

$246,272,618 $329,824,039 $246,272,618

($21,811)

($21,811)

($21,811)

$717,179

$717,179

$717,179

$244,700,252 $328,251,673 $244,700,252

$876,998

$876,998

$876,998

$1,117,199,638 $1,223,956,448 $1,142,055,635

($852,930) ($852,930) ($852,930)

($852,930) ($852,930) ($852,930)

($852,930) ($852,930) ($852,930)

Section Total - Continuation $10,374,470 $10,374,470 $10,374,470
Section Total - Final $10,374,470 $10,374,470 $10,374,470

$10,374,470 $10,374,470 $10,374,470
$10,374,470 $10,374,470 $10,374,470

$10,374,470 $10,374,470 $10,374,470
$10,325,104 $10,325,104 $10,325,104

Continuation Budget

$1,212,241 $1,212,241 $1,212,241

$1,212,241 $1,212,241 $1,212,241

$1,212,241 $1,212,241 $1,212,241

1.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds
1.2 Reduce funds for operations. State General Funds

$22,330 ($28,401)

1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$1,212,241 $1,212,241 $1,212,241

Appropriation (HB 106)

$1,212,241

$1,206,170

$1,212,241

$1,206,170

$1,212,241

$1,206,170

FRIDAY, MARCH 22, 2013

3139

Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,114,623 $1,114,623 $1,114,623

2.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds
2.2 Reduce funds for operations. State General Funds

2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,114,623 $1,114,623 $1,114,623
$7,048,447 $7,048,447 $7,048,447

3.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds
3.2 Reduce funds for operations. State General Funds

3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$7,048,447 $7,048,447 $7,048,447

Senate Budget and Evaluation Office The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

Continuation Budget

$1,114,623 $1,114,623 $1,114,623

$1,114,623 $1,114,623 $1,114,623

$17,695

($11,323)

Appropriation (HB 106)

$1,114,623

$1,120,995

$1,114,623

$1,120,995

$1,114,623

$1,120,995

Continuation Budget

$7,048,447 $7,048,447 $7,048,447

$7,048,447 $7,048,447 $7,048,447

$74,183

($134,299)

Appropriation (HB 106)

$7,048,447

$6,988,331

$7,048,447

$6,988,331

$7,048,447

$6,988,331

Continuation Budget

3140

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$999,159 $999,159 $999,159

$999,159 $999,159 $999,159

$999,159 $999,159 $999,159

4.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds
4.2 Reduce funds for operations. State General Funds

$20,647 ($10,198)

4.100 -Senate Budget and Evaluation Office

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$999,159

State General Funds

$999,159

TOTAL PUBLIC FUNDS

$999,159

Appropriation (HB 106)

$999,159 $999,159 $999,159

$1,009,608 $1,009,608 $1,009,608

Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation $18,631,809 $18,631,809 $18,631,809
Section Total - Final $18,631,809 $18,631,809 $18,631,809

$18,631,809 $18,631,809 $18,631,809
$18,416,477 $18,416,477 $18,416,477

$18,631,809 $18,631,809 $18,631,809
$18,416,477 $18,416,477 $18,416,477

House of Representatives

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$18,631,809 $18,631,809 $18,631,809

$18,631,809 $18,631,809 $18,631,809

$18,631,809 $18,631,809 $18,631,809

5.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds
5.2 Reduce funds for operations. State General Funds

$174,602 ($389,934)

$174,602 ($389,934)

FRIDAY, MARCH 22, 2013

3141

5.100 -House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$18,631,809 $18,631,809 $18,631,809

Appropriation (HB 106) $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477

Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation $10,036,991 $10,036,991 $10,036,991
Section Total - Final $10,036,991 $10,036,991 $10,036,991

$10,036,991 $10,036,991 $10,036,991
$9,888,573 $9,888,573 $9,888,573

$10,036,991 $10,036,991 $10,036,991
$9,888,573 $9,888,573 $9,888,573

Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,807,892 $4,807,892 $4,807,892

$4,807,892 $4,807,892 $4,807,892

$4,807,892 $4,807,892 $4,807,892

6.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds

$27,677

6.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$1,054

6.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$20,927

6.4 Reduce funds for operations. State General Funds

($217,648)

$27,677 $1,054
$20,927 ($217,648)

6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$4,807,892 $4,807,892 $4,807,892

Appropriation (HB 106)

$4,639,902 $4,639,902 $4,639,902

$4,639,902 $4,639,902 $4,639,902

3142

JOURNAL OF THE HOUSE

Legislative Fiscal Office

Continuation Budget

The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative

expenditures and commitments.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,290,157 $2,290,157 $2,290,157

$2,290,157 $2,290,157 $2,290,157

$2,290,157 $2,290,157 $2,290,157

7.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds
7.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds
7.3 Reduce funds for operations. State General Funds

$25,742 $3,436
($23,159)

$25,742 $3,436
($23,159)

7.100 -Legislative Fiscal Office

Appropriation (HB 106)

The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative

expenditures and commitments.

TOTAL STATE FUNDS

$2,290,157

$2,296,176

$2,296,176

State General Funds

$2,290,157

$2,296,176

$2,296,176

TOTAL PUBLIC FUNDS

$2,290,157

$2,296,176

$2,296,176

Office of Legislative Counsel

Continuation Budget

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,938,942 $2,938,942 $2,938,942

$2,938,942 $2,938,942 $2,938,942

$2,938,942 $2,938,942 $2,938,942

8.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds
8.2 Reduce funds for operations. State General Funds

$43,376 ($29,823)

$43,376 ($29,823)

8.100 -Office of Legislative Counsel

Appropriation (HB 106)

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

FRIDAY, MARCH 22, 2013

3143

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,938,942 $2,938,942 $2,938,942

$2,952,495 $2,952,495 $2,952,495

$2,952,495 $2,952,495 $2,952,495

Section 4: Audits and Accounts, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $30,788,933

$30,450,223 $30,450,223
$338,710 $338,710 $338,710 $30,788,933

$30,450,223 $30,450,223
$338,710 $338,710 $338,710 $30,788,933

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $31,076,868 $31,076,868 $132,000 $132,000 $132,000 $31,208,868

$30,479,052 $30,479,052
$132,000 $132,000 $132,000 $30,611,052

$30,656,750 $30,656,750
$132,000 $132,000 $132,000 $30,788,750

Audit and Assurance Services

Continuation Budget

The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education

systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State

of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct

performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of

local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online

to promote transparency in government.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$26,482,810 $26,482,810
$338,710 $338,710 $338,710 $26,821,520

$26,482,810 $26,482,810
$338,710 $338,710 $338,710 $26,821,520

$26,482,810 $26,482,810
$338,710 $338,710 $338,710 $26,821,520

9.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$552,525

$552,525

$552,525

3144

JOURNAL OF THE HOUSE

9.2 Reduce funds for American Recovery and Reinvestment Act audit work required in FY2014. Intergovernmental Transfers Not Itemized

($206,710)

($206,710)

9.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$5,780

9.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$1,580

9.5 Reduce funds for personnel and operations. (S:Restore funds for compliance activities and local education audits)

State General Funds

($606,275)

($206,710) $5,780 $1,580
($428,388)

9.100 -Audit and Assurance Services

Appropriation (HB 106)

The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education

systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State

of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct

performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of

local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online

to promote transparency in government.

TOTAL STATE FUNDS

$27,035,335 $26,436,420 $26,614,307

State General Funds

$27,035,335 $26,436,420 $26,614,307

TOTAL AGENCY FUNDS

$132,000

$132,000

$132,000

Intergovernmental Transfers

$132,000

$132,000

$132,000

Intergovernmental Transfers Not Itemized

$132,000

$132,000

$132,000

TOTAL PUBLIC FUNDS

$27,167,335 $26,568,420 $26,746,307

Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,639,202 $1,639,202 $1,639,202

$1,639,202 $1,639,202 $1,639,202

$1,639,202 $1,639,202 $1,639,202

10.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$30,233

10.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$30,233 $260

$30,233 $260

FRIDAY, MARCH 22, 2013

3145

10.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$260

$71

10.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$1,669,435 $1,669,435 $1,669,435

Appropriation (HB 106)

$1,669,955 $1,669,955 $1,669,955

$1,669,766 $1,669,766 $1,669,766

Immigration Enforcement Review Board

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$20,000 $20,000 $20,000

$20,000 $20,000 $20,000

$20,000 $20,000 $20,000

11.100 -Immigration Enforcement Review Board

Appropriation (HB 106)

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 STATE FUNDS

$20,000

$20,000

$20,000

State General Funds

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$20,000

$20,000

$20,000

Legislative Services

Continuation Budget

The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and

to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$247,561 $247,561 $247,561

$247,561 $247,561 $247,561

$247,561 $247,561 $247,561

12.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,426

$1,426

$1,426

3146

JOURNAL OF THE HOUSE

12.100 -Legislative Services

Appropriation (HB 106)

The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and

to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

TOTAL STATE FUNDS

$248,987

$248,987

$248,987

State General Funds

$248,987

$248,987

$248,987

TOTAL PUBLIC FUNDS

$248,987

$248,987

$248,987

Statewide Equalized Adjusted Property Tax Digest

Continuation Budget

The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State

funds for public school systems and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data

regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of

assessment for centrally assessed public utility companies.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,060,650 $2,060,650 $2,060,650

$2,060,650 $2,060,650 $2,060,650

$2,060,650 $2,060,650 $2,060,650

13.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$42,461

13.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

13.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$42,461 $455 $124

$42,461 $455 $124

13.100 -Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB 106)

The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State

funds for public school systems and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data

regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of

assessment for centrally assessed public utility companies.

TOTAL STATE FUNDS

$2,103,111

$2,103,690

$2,103,690

State General Funds

$2,103,111

$2,103,690

$2,103,690

TOTAL PUBLIC FUNDS

$2,103,111

$2,103,690

$2,103,690

Section 5: Appeals, Court of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

Section Total - Continuation $14,106,000 $14,106,000 $150,000

$14,106,000 $14,106,000
$150,000

$14,106,000 $14,106,000
$150,000

FRIDAY, MARCH 22, 2013

3147

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$150,000 $150,000 $14,256,000 Section Total - Final $14,339,599 $14,339,599 $150,000 $150,000 $150,000 $14,489,599

$150,000 $150,000 $14,256,000
$14,442,472 $14,442,472
$150,000 $150,000 $150,000 $14,592,472

$150,000 $150,000 $14,256,000
$14,428,544 $14,428,544
$150,000 $150,000 $150,000 $14,578,544

Court of Appeals

Continuation Budget

The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of

Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,106,000 $14,106,000
$150,000 $150,000 $150,000 $14,256,000

$14,106,000 $14,106,000
$150,000 $150,000 $150,000 $14,256,000

$14,106,000 $14,106,000
$150,000 $150,000 $150,000 $14,256,000

14.1 Increase funds for personnel to restore furloughs. State General Funds

$225,016

$112,508

14.2 Increase funds for information technology for docket software maintenance fees. State General Funds

$33,000

$33,000

14.3 Increase funds for one-time funding of software upgrades to allow e-voting for judges. State General Funds

$30,000

$30,000

14.4 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds

$10,459

$10,459

14.5 Increase funds for online legal subscription fee increases. State General Funds

$1,124

$1,124

14.6 Reduce funds for one-time funding used for software to automate receipt of trial records to support the e-filing initiative.

State General Funds

($66,000)

($66,000)

$128,580 $33,000
$0 $10,459
$1,124 ($66,000)

3148

JOURNAL OF THE HOUSE

14.7 Reduce funds for one-time funding used to replace computers. State General Funds 14.8 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds 14.9 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 14.10 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

($34,000) $246,043
$3,062 $276

($34,000) $246,043
$3,062 $276

14.100 -Court of Appeals

Appropriation (HB 106)

The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of

Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law.

TOTAL STATE FUNDS

$14,339,599 $14,442,472 $14,428,544

State General Funds

$14,339,599 $14,442,472 $14,428,544

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$14,489,599 $14,592,472 $14,578,544

Section 6: Judicial Council
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services

Section Total - Continuation $12,423,861 $12,423,861 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794
Section Total - Final $12,831,118 $12,831,118 $2,552,935 $2,552,935 $1,144,998 $1,144,998

$12,423,861 $12,423,861
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794
$12,370,700 $12,370,700
$2,552,935 $2,552,935 $1,144,998 $1,144,998

$12,423,861 $12,423,861
$2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794
$12,369,998 $12,369,998
$2,552,935 $2,552,935 $1,144,998 $1,144,998

FRIDAY, MARCH 22, 2013

3149

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,144,998 $16,529,051

$1,144,998 $16,068,633

$1,144,998 $16,067,931

Accountability Courts

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$431,821 $431,821 $431,821

$431,821 $431,821 $431,821

$431,821 $431,821 $431,821

15.1 Reduce funds for one position. State General Funds

($78,806)

$0

15.100 -Accountability Courts

Appropriation (HB 106)

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 STATE FUNDS

$431,821

$353,015

$431,821

State General Funds

$431,821

$353,015

$431,821

TOTAL PUBLIC FUNDS

$431,821

$353,015

$431,821

Georgia Office of Dispute Resolution

Continuation Budget

The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new

ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals

and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $172,890 $172,890 $172,890 $172,890

$0 $0 $172,890 $172,890 $172,890 $172,890

$0 $0 $172,890 $172,890 $172,890 $172,890

16.100 -Georgia Office of Dispute Resolution

Appropriation (HB 106)

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.

3150

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$172,890 $172,890 $172,890 $172,890

$172,890 $172,890 $172,890 $172,890

$172,890 $172,890 $172,890 $172,890

Institute of Continuing Judicial Education

Continuation Budget

The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges,

Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other

court personnel.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992

$461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992

$461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992

17.1 Increase funds for training of judges. State General Funds

$30,580

$10,000

$10,000

17.100 -Institute of Continuing Judicial Education

Appropriation (HB 106)

The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges,

Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other

court personnel.

TOTAL STATE FUNDS

$492,369

$471,789

$471,789

State General Funds

$492,369

$471,789

$471,789

TOTAL AGENCY FUNDS

$703,203

$703,203

$703,203

Sales and Services

$703,203

$703,203

$703,203

Sales and Services Not Itemized

$703,203

$703,203

$703,203

TOTAL PUBLIC FUNDS

$1,195,572

$1,174,992

$1,174,992

Judicial Council

Continuation Budget

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.

FRIDAY, MARCH 22, 2013

3151

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,218,036 $10,218,036
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $13,039,876

$10,218,036 $10,218,036
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $13,039,876

$10,218,036 $10,218,036
$2,552,935 $2,552,935
$268,905 $268,905 $268,905 $13,039,876

18.1 Increase funds for personnel and operations for an Executive Director for the Council of Probate Court Judges.

State General Funds

$108,320

$0

18.2 Increase funds for a new Family Law Information Center. State General Funds

$60,357

$0

18.3 Increase funds to support the statewide e-filing initiative. State General Funds

$208,000

$0

18.4 Reduce funds. State General Funds

($102,180)

18.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds

$137,301

18.6 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($28,761)

18.7 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$2,996

$0 $0 $0 ($181,688) $137,301 ($28,761) $2,996

18.100 -Judicial Council

Appropriation (HB 106)

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 STATE FUNDS

$10,594,713 $10,227,392 $10,147,884

State General Funds

$10,594,713 $10,227,392 $10,147,884

TOTAL FEDERAL FUNDS

$2,552,935

$2,552,935

$2,552,935

Federal Funds Not Itemized

$2,552,935

$2,552,935

$2,552,935

TOTAL AGENCY FUNDS

$268,905

$268,905

$268,905

3152

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$268,905 $268,905 $13,416,553

$268,905 $268,905 $13,049,232

$268,905 $268,905 $12,969,724

Judicial Qualifications Commission

Continuation Budget

The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial

officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce

formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations

of unethical campaign practices.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$512,215 $512,215 $512,215

$512,215 $512,215 $512,215

$512,215 $512,215 $512,215

19.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds
19.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

$8,420 ($2,131)

$8,420 ($2,131)

19.100 -Judicial Qualifications Commission

Appropriation (HB 106)

The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial

officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce

formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations

of unethical campaign practices.

TOTAL STATE FUNDS

$512,215

$518,504

$518,504

State General Funds

$512,215

$518,504

$518,504

TOTAL PUBLIC FUNDS

$512,215

$518,504

$518,504

Resource Center

Continuation Budget

The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent

plaintiffs in habeas corpus proceedings.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

20.100 -Resource Center

Appropriation (HB 106)

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.

FRIDAY, MARCH 22, 2013

3153

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

Section 7: Juvenile Courts
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $6,774,461 $6,774,461 $447,456 $447,456 $7,221,917
Section Total - Final $6,804,211 $6,804,211 $447,456 $447,456 $7,251,667

$6,774,461 $6,774,461
$447,456 $447,456 $7,221,917
$6,789,621 $6,789,621
$447,456 $447,456 $7,237,077

$6,774,461 $6,774,461
$447,456 $447,456 $7,221,917
$6,789,621 $6,789,621
$447,456 $447,456 $7,237,077

Council of Juvenile Court Judges

Continuation Budget

The purpose of this appropriation is for the Council of Juvenile Court Judges to represent all the juvenile judges in Georgia. Jurisdiction in cases involving

children includes delinquencies, status offenses, and deprivation.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,470,066 $1,470,066
$447,456 $447,456 $1,917,522

$1,470,066 $1,470,066
$447,456 $447,456 $1,917,522

$1,470,066 $1,470,066
$447,456 $447,456 $1,917,522

21.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$29,750

21.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

21.3 Reduce funds. State General Funds

$29,593 $268
($14,701)

$29,593 $268
($14,701)

21.100 -Council of Juvenile Court Judges

Appropriation (HB 106)

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.

3154

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,499,816 $1,499,816
$447,456 $447,456 $1,947,272

$1,485,226 $1,485,226
$447,456 $447,456 $1,932,682

$1,485,226 $1,485,226
$447,456 $447,456 $1,932,682

Grants to Counties for Juvenile Court Judges The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,304,395 $5,304,395 $5,304,395

$5,304,395 $5,304,395 $5,304,395

$5,304,395 $5,304,395 $5,304,395

22.100 -Grants to Counties for Juvenile Court Judges

The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$5,304,395

State General Funds

$5,304,395

TOTAL PUBLIC FUNDS

$5,304,395

Appropriation (HB 106)

$5,304,395 $5,304,395 $5,304,395

$5,304,395 $5,304,395 $5,304,395

Section 8: Prosecuting Attorneys
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $60,074,711 $60,074,711 $1,802,127 $1,802,127 $1,802,127 $61,876,838
Section Total - Final $64,638,563 $64,638,563 $1,802,127 $1,802,127 $1,802,127 $66,440,690

$60,074,711 $60,074,711
$1,802,127 $1,802,127 $1,802,127 $61,876,838
$64,308,842 $64,308,842
$1,802,127 $1,802,127 $1,802,127 $66,110,969

$60,074,711 $60,074,711
$1,802,127 $1,802,127 $1,802,127 $61,876,838
$62,944,514 $62,944,514
$1,802,127 $1,802,127 $1,802,127 $64,746,641

Council of Superior Court Clerks (PAC)

Continuation Budget

The purpose of this appropriation is to assist superior court clerks throughout the state in the execution of their duties and to promote and assist in the training

of superior court clerks.

FRIDAY, MARCH 22, 2013

3155

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$187,455 $187,455 $187,455

$187,455 $187,455 $187,455

$187,455 $187,455 $187,455

23.1 Reduce funds. State General Funds

($1,875)

($1,875)

23.100 -Council of Superior Court Clerks (PAC)

Appropriation (HB 106)

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 STATE FUNDS

$187,455

$185,580

$185,580

State General Funds

$187,455

$185,580

$185,580

TOTAL PUBLIC FUNDS

$187,455

$185,580

$185,580

District Attorneys

Continuation Budget

The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for

the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$52,881,965 $52,881,965
$1,802,127 $1,802,127 $1,802,127 $54,684,092

$52,881,965 $52,881,965
$1,802,127 $1,802,127 $1,802,127 $54,684,092

$52,881,965 $52,881,965
$1,802,127 $1,802,127 $1,802,127 $54,684,092

24.1 Increase funds for personnel for 25 additional assistant district attorneys. (H and S:Increase funds for 12 additional assistant district attorneys for use only in circuits or among circuits which have accountability courts and stagger start dates)

State General Funds

$2,188,230

$941,782

$941,782

24.2 Increase funds to annualize promotions for assistant district attorneys provided in HB742 (2012 session) that were deferred.

State General Funds

$271,932

$0

$271,932

24.3 Increase funds for personnel to annualize two assistant district attorneys reflecting the increase of new judgeships in the Piedmont and Bell-Forsyth Judicial Circuits as provided in HB742 (2012 session).

State General Funds

$104,522

$104,522

$104,522

24.4 Increase funds for personnel to reflect promotional increases for experienced district attorneys.

State General Funds

$1,734,320

$1,734,320

$867,160

3156

JOURNAL OF THE HOUSE

24.5 Increase funds for district attorney court travel. State General Funds

$155,947

$155,947

$0

24.6 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to realign the FY2013 increase in retirement premiums to the correct program.

State General Funds

$1,125,097

$1,125,097

$1,125,097

24.7 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds

$1,088,882

$1,088,882

24.8 Increase funds as authorized in HB451 (2013 Session) for one Assistant District Attorney starting January 1, 2014 to reflect a new judgeship in the Chattahoochee Judicial District. (S:Increase funds for two Assistant District Attorney positions in the Chattahoochee and Oconee Judicial Districts starting January 1, 2014)

State General Funds

$52,261

$104,522

24.9 Reduce funds. State General Funds

($528,820)

24.10 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

($8,323)

24.100 -District Attorneys

Appropriation (HB 106)

The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for

the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18.

TOTAL STATE FUNDS

$58,462,013 $58,084,776 $56,848,719

State General Funds

$58,462,013 $58,084,776 $56,848,719

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,802,127

$1,802,127

$1,802,127

Federal Funds Transfers

$1,802,127

$1,802,127

$1,802,127

Federal Fund Transfers Not Itemized

$1,802,127

$1,802,127

$1,802,127

TOTAL PUBLIC FUNDS

$60,264,140 $59,886,903 $58,650,846

Prosecuting Attorneys' Council The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,005,291 $7,005,291 $7,005,291

$7,005,291 $7,005,291 $7,005,291

$7,005,291 $7,005,291 $7,005,291

25.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$58,218

$57,920

$57,920

FRIDAY, MARCH 22, 2013

3157

25.2 Increase funds for promotional increases for seven experienced attorneys. State General Funds

$50,683

$25,342

$25,342

25.3 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to realign the FY2013 increase in retirement premiums to the correct program.

State General Funds

($1,125,097) ($1,125,097) ($1,125,097)

25.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$3,981

$3,981

25.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds

$58,218

$0

25.6 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System from 3.90% to 4.23%.

State General Funds

$12,831

$12,831

25.7 Reduce funds. State General Funds

($70,053)

25.100 -Prosecuting Attorneys' Council The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$5,989,095 $5,989,095 $5,989,095

Appropriation (HB 106)

$6,038,486 $6,038,486 $6,038,486

$5,910,215 $5,910,215 $5,910,215

Section 9: Superior Courts
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation $61,105,042 $61,105,042 $61,105,042
Section Total - Final $61,823,951 $61,823,951 $61,823,951

$61,105,042 $61,105,042 $61,105,042
$62,338,228 $62,338,228 $62,338,228

$61,105,042 $61,105,042 $61,105,042
$61,752,513 $61,752,513 $61,752,513

Council of Superior Court Judges

Continuation Budget

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.

3158

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,291,377 $1,291,377 $1,291,377

$1,291,377 $1,291,377 $1,291,377

$1,291,377 $1,291,377 $1,291,377

26.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$25,130

26.2 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds

$1,405

26.3 Increase funds for personnel for temporary labor and interns. State General Funds

$11,700

26.4 Reduce funds. State General Funds

26.5 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

26.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$25,130 $1,405
$11,700 ($12,914)
$473

$25,130 $1,405
$11,700 ($12,914)
$473 ($6,710)

26.100 -Council of Superior Court Judges

Appropriation (HB 106)

The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$1,329,612

$1,317,171

$1,310,461

State General Funds

$1,329,612

$1,317,171

$1,310,461

TOTAL PUBLIC FUNDS

$1,329,612

$1,317,171

$1,310,461

Judicial Administrative Districts

Continuation Budget

The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets,

policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,336,893 $2,336,893 $2,336,893

$2,336,893 $2,336,893 $2,336,893

$2,336,893 $2,336,893 $2,336,893

27.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$46,442

$46,442

$46,442

FRIDAY, MARCH 22, 2013

3159

27.2 Increase funds to restore FY2013 personnel reductions. State General Funds
27.3 Increase funds to restore operations reductions. State General Funds

$18,051

$18,051

$0

$135,000

$67,500

$0

27.100 -Judicial Administrative Districts

Appropriation (HB 106)

The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets,

policy, procedure, and providing a liaison between local and state courts.

TOTAL STATE FUNDS

$2,536,386

$2,468,886

$2,383,335

State General Funds

$2,536,386

$2,468,886

$2,383,335

TOTAL PUBLIC FUNDS

$2,536,386

$2,468,886

$2,383,335

Superior Court Judges

Continuation Budget

The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority

over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits

by caseload ranks.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$57,476,772 $57,476,772 $57,476,772

$57,476,772 $57,476,772 $57,476,772

$57,476,772 $57,476,772 $57,476,772

28.1 Increase funds for personnel for salary step increases for 30 secretaries. State General Funds

$205,019

$0

$0

28.2 Increase funds for personnel to restore FY2013 reductions. State General Funds

$168,558

$168,558

$0

28.3 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System from 3.90% to 4.23%.

State General Funds

$82,144

$80,407

$80,407

28.4 Increase funds for personnel for two law clerk positions. State General Funds

$116,318

$0

$0

28.5 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$308,486

$297,307

$297,307

28.6 Increase funds for personnel to annualize two judgeships for the Piedmont and Bell-Forsyth Judicial Circuits created in SB356 (2012 Session).

State General Funds

$350,207

$350,207

$350,207

3160

JOURNAL OF THE HOUSE

28.7 Reduce funds for senior judges and consolidate remaining funds for accountability courts' senior judges and general usage senior judges into one category. (S:Reduce funds)

State General Funds

($749,551)

$0

($500,000)

28.8 Increase funds as authorized in HB451 (2013 Session) for a Superior Court Judgeship in the Chattahoochee Judicial District starting January 1, 2014. (S:Increase funds for two Superior Court judgeships in the Chattahoochee and Oconee Judicial Circuits starting January 1, 2014)

State General Funds

$175,104

$350,208

28.9 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$3,816

$3,816

28.100 -Superior Court Judges

Appropriation (HB 106)

The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority

over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits

by caseload ranks.

TOTAL STATE FUNDS

$57,957,953 $58,552,171 $58,058,717

State General Funds

$57,957,953 $58,552,171 $58,058,717

TOTAL PUBLIC FUNDS

$57,957,953 $58,552,171 $58,058,717

Section 10: Supreme Court
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823
$10,953,120 Section Total - Final
$9,339,925 $9,339,925 $1,859,823 $1,859,823 $1,859,823 $11,199,748

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120
$9,392,560 $9,392,560 $1,859,823 $1,859,823 $1,859,823 $11,252,383

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120
$9,330,203 $9,330,203 $1,859,823 $1,859,823 $1,859,823 $11,190,026

Supreme Court of Georgia

Continuation Budget

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

FRIDAY, MARCH 22, 2013

3161

Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120

$9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120

29.1 Increase funds for personnel for one staff attorney position. (H:Increase funds for one staff attorney position starting January 1, 2014)

State General Funds

$124,713

$62,357

$0

29.2 Increase funds for one-time funding to digitize paper records for cases in calendar year 2012. State General Funds

$34,875

$34,875

$34,875

29.3 Increase funds to convert microfilm records to digital records. State General Funds

$79,500

$79,500

$79,500

29.4 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds

$7,540

$7,540

$7,540

29.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds

$146,611

$146,611

29.6 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($32,455)

($32,455)

29.7 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$835

$835

29.100 -Supreme Court of Georgia

Appropriation (HB 106)

The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the

construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that

has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the

Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and

oversight of the Office of Reporter of Decisions.

TOTAL STATE FUNDS

$9,339,925

$9,392,560

$9,330,203

State General Funds

$9,339,925

$9,392,560

$9,330,203

TOTAL AGENCY FUNDS

$1,859,823

$1,859,823

$1,859,823

Sales and Services

$1,859,823

$1,859,823

$1,859,823

3162

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,859,823 $11,199,748

$1,859,823 $11,252,383

$1,859,823 $11,190,026

Section 11: Accounting Office, State
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

Section Total - Continuation $3,781,064 $3,781,064
$15,695,323 $15,695,323 $15,695,323 $19,476,387

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

Section Total - Final $3,670,594 $3,670,594
$16,412,502 $16,412,502 $16,412,502 $20,083,096

$3,623,730 $3,623,730 $16,412,502 $16,412,502 $16,412,502 $20,036,232

$3,760,594 $3,760,594 $16,412,502 $16,412,502 $16,412,502 $20,173,096

State Accounting Office

Continuation Budget

The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state

agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human

capital management systems, and to improve the accountability and efficiency of various financial and operational processes.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments
TOTAL PUBLIC FUNDS

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

$3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387

30.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$64,117

30.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($61,155)

30.3 Reduce funds for personnel. State General Funds

($23,432)

$64,117 ($61,155) ($70,296)

$64,117 ($61,155) ($23,432)

FRIDAY, MARCH 22, 2013

3163

30.4 Eliminate funds for the training contract with the Carl Vinson Institute of Government. State General Funds
30.5 Increase funds to reflect additional billings for TeamWorks Financials statewide adjustments. Accounting System Assessments

($90,000) $717,179

($90,000) $717,179

$0 $717,179

30.100 -State Accounting Office

Appropriation (HB 106)

The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state

agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human

capital management systems, and to improve the accountability and efficiency of various financial and operational processes.

TOTAL STATE FUNDS

$3,670,594

$3,623,730

$3,760,594

State General Funds

$3,670,594

$3,623,730

$3,760,594

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$16,412,502 $16,412,502 $16,412,502

State Funds Transfers

$16,412,502 $16,412,502 $16,412,502

Accounting System Assessments

$16,412,502 $16,412,502 $16,412,502

TOTAL PUBLIC FUNDS

$20,083,096 $20,036,232 $20,173,096

Section 12: Administrative Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Liability Funds Merit System Assessments Unemployment Compensation Funds

Section Total - Continuation $4,848,272 $4,848,272
$19,366,471 $792,810 $792,810
$3,262,897 $3,262,897
$36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404

$4,848,272 $4,848,272 $19,366,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404

$4,848,272 $4,848,272 $19,366,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404

3164

JOURNAL OF THE HOUSE

Workers Compensation Funds TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$89,100,000 $198,149,505 Section Total - Final
$5,840,559 $5,840,559 $19,366,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $199,141,792

$89,100,000 $198,149,505
$5,484,066 $5,484,066 $19,766,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,599,536 $14,599,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $199,185,299

$89,100,000 $198,149,505
$4,785,064 $4,785,064 $19,716,471
$792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,549,536 $14,549,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,436,297

Compensation Per General Assembly Resolutions

Continuation Budget

The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon

passage of the required House Resolution.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$337,355 $337,355 $337,355

$337,355 $337,355 $337,355

$337,355 $337,355 $337,355

31.1 Reduce one-time funds for HR1160 and HR1161 (2012 Session). State General Funds

($337,355)

($337,355)

($337,355)

31.2 Increase funds pursuant to HR73 (2013 Session) to purchase a 20-year annuity with an initial $100,000 lump sum payment for an individual who was wrongfully imprisoned.

State General Funds

$343,507

$343,507

FRIDAY, MARCH 22, 2013

3165

31.100 -Compensation Per General Assembly Resolutions

Appropriation (HB 106)

The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon

passage of the required House Resolution.

TOTAL STATE FUNDS

$0

$343,507

$343,507

State General Funds

$0

$343,507

$343,507

TOTAL PUBLIC FUNDS

$0

$343,507

$343,507

Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Merit System Assessments
TOTAL PUBLIC FUNDS

$0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732

$0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732

$0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732

32.1 Transfer funds from the Office of Consumer Protection to the Department of Administrative Services for Team Georgia personnel and operations. (S:Transfer funds from the State Purchasing program to the Departmental Administration program for Team Georgia personnel and operations)

State General Funds Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds:

$350,000 $350,000

$350,000 $350,000

$0 $350,000 $350,000

32.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS
State General Funds TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$350,000 $350,000 $3,485,465 $36,619 $36,619

Appropriation (HB 106)

$350,000 $350,000 $3,485,465 $36,619 $36,619

$0 $0 $3,835,465 $36,619 $36,619

3166

JOURNAL OF THE HOUSE

Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Merit System Assessments
TOTAL PUBLIC FUNDS

$3,032,114 $3,032,114
$416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $6,079,732

$3,032,114 $3,032,114
$416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $6,079,732

$3,382,114 $3,382,114
$416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $6,079,732

Fleet Management

Continuation Budget

The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract

Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for traveling

state employees.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141

$0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141

$0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141

33.100 -Fleet Management

Appropriation (HB 106)

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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$1,020,141 $172,093 $172,093 $848,048 $848,048
$1,020,141

$1,020,141 $172,093 $172,093 $848,048 $848,048
$1,020,141

$1,020,141 $172,093 $172,093 $848,048 $848,048
$1,020,141

FRIDAY, MARCH 22, 2013

3167

Human Resources Administration

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485

$0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485

$0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485

34.100 -Human Resources Administration

Appropriation (HB 106)

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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$8,654,485 $8,654,485 $8,654,485 $8,654,485

$8,654,485 $8,654,485 $8,654,485 $8,654,485

$8,654,485 $8,654,485 $8,654,485 $8,654,485

Risk Management

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Liability Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205

$0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205

$0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205

35.1 Increase funds for the Peace Officer's Indemnification Trust Fund. State General Funds

$1,000,000

$1,000,000

$1,000,000

3168

JOURNAL OF THE HOUSE

35.100 -Risk Management

Appropriation (HB 106)

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 STATE FUNDS

$1,000,000

$1,000,000

$1,000,000

State General Funds

$1,000,000

$1,000,000

$1,000,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$161,735,205 $161,735,205 $161,735,205

State Funds Transfers

$161,735,205 $161,735,205 $161,735,205

State Fund Transfers Not Itemized

$26,040,810 $26,040,810 $26,040,810

Liability Funds

$28,427,991 $28,427,991 $28,427,991

Unemployment Compensation Funds

$18,166,404 $18,166,404 $18,166,404

Workers Compensation Funds

$89,100,000 $89,100,000 $89,100,000

TOTAL PUBLIC FUNDS

$162,735,205 $162,735,205 $162,735,205

State Purchasing

Continuation Budget

The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of

all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions

for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking

contract opportunities; and to certify Small and/or Minority Business Vendors.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374

$0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374

$0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374

36.1 Remit payment to the State Treasury. (Total Funds: $1,200,000)(G:YES)(H:Follow Governor's Recommendation for Revenue estimate)(S:YES)

State General Funds

$0

$0

$0

36.2 The Department is authorized to retain only $10,719,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $600,000 to the State Accounting Office for expenses due to Team Georgia marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year. (H:YES)(S:The Department is authorized to retain only $10,319,374 for Purchasing and $2,125,974 for Departmental Administration and shall transfer $600,000 to the State Accounting Office for expenses due to Team Georgia marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year)

Rebates, Refunds, and Reimbursements Not Itemized

$400,000

$0

FRIDAY, MARCH 22, 2013

3169

36.100 -State Purchasing

Appropriation (HB 106)

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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$10,319,374 $10,319,374 $10,319,374 $10,319,374

$10,719,374 $10,719,374 $10,719,374 $10,719,374

$10,319,374 $10,319,374 $10,319,374 $10,319,374

Surplus Property

Continuation Budget

The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and

local governments, qualifying non-profits, and to the public through auction.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594

$0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594

$0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594

37.100 -Surplus Property

Appropriation (HB 106)

The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and

local governments, qualifying non-profits, and to the public through auction.

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,198,594 $620,717 $620,717 $577,877 $577,877
$1,198,594

$1,198,594 $620,717 $620,717 $577,877 $577,877
$1,198,594

$1,198,594 $620,717 $620,717 $577,877 $577,877
$1,198,594

Payments to Georgia Aviation Authority

Continuation Budget

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.

3170

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,540,251 $1,540,251 $1,540,251

$1,540,251 $1,540,251 $1,540,251

$1,540,251 $1,540,251 $1,540,251

38.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$58,496

38.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$7,783

38.3 Reduce funds for contracts. State General Funds

($46,208)

38.4 Reduce funds to reflect projected expenditures. State General Funds

$58,496

$58,496

$7,783

$7,783

($46,208)

($46,208)

($700,000) ($1,049,002)

38.100 -Payments to Georgia Aviation Authority

Appropriation (HB 106)

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 STATE FUNDS

$1,560,322

$860,322

$511,320

State General Funds

$1,560,322

$860,322

$511,320

TOTAL PUBLIC FUNDS

$1,560,322

$860,322

$511,320

Certificate of Need Appeal Panel

Continuation Budget

The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$40,728 $40,728 $40,728

$40,728 $40,728 $40,728

$40,728 $40,728 $40,728

40.1 Reduce funds for operations. State General Funds

($1,222)

($1,222)

($1,222)

40.100 -Certificate of Need Appeal Panel

Appropriation (HB 106)

The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

TOTAL STATE FUNDS

$39,506

$39,506

$39,506

State General Funds

$39,506

$39,506

$39,506

TOTAL PUBLIC FUNDS

$39,506

$39,506

$39,506

FRIDAY, MARCH 22, 2013

3171

Administrative Hearings, Office of State

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743

$2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743

$2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743

41.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$48,660

41.2 Increase funds to reflect an adjustment in TeamWorks Financials billings.

State General Funds

$31

41.3 Reduce funds for the Tax Court based on projected expenditures. State General Funds

($9,788)

41.4 Reduce funds for a vacant judge position and replace with a temporary position. State General Funds

($78,110)

$48,660 $31
($9,788) ($78,110)

$48,660 $31
($9,788) ($78,110)

41.100 -Administrative Hearings, Office of State

Appropriation (HB 106)

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 STATE FUNDS

$2,890,731

$2,890,731

$2,890,731

State General Funds

$2,890,731

$2,890,731

$2,890,731

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,300,805

$1,300,805

$1,300,805

State Funds Transfers

$1,300,805

$1,300,805

$1,300,805

State Fund Transfers Not Itemized

$1,300,805

$1,300,805

$1,300,805

TOTAL PUBLIC FUNDS

$4,191,536

$4,191,536

$4,191,536

State Treasurer, Office of the

Continuation Budget

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.

3172

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897

$0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897

$0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897

42.100 -State Treasurer, Office of the

Appropriation (HB 106)

The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency

deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to

manage state revenue collections; and to manage the Path2College 529 Plan.

TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,342,897 $3,262,897 $3,262,897
$80,000 $80,000 $3,342,897

$3,342,897 $3,262,897 $3,262,897
$80,000 $80,000 $3,342,897

$3,342,897 $3,262,897 $3,262,897
$80,000 $80,000 $3,342,897

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.

Section 13: Agriculture, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Continuation $40,734,043 $40,734,043 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061

$40,734,043 $40,734,043
$7,163,980 $7,163,980 $2,607,299
$175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061

$40,734,043 $40,734,043
$7,163,980 $7,163,980 $2,607,299
$175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061

FRIDAY, MARCH 22, 2013

3173

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $40,136,800 $40,136,800 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $50,754,818

$40,061,800 $40,061,800
$7,163,980 $7,163,980 $2,607,299
$175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $50,679,818

$40,039,809 $40,039,809
$7,163,980 $7,163,980 $2,607,299
$175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $50,657,827

Athens and Tifton Veterinary Laboratories

Continuation Budget

The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for

disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,810,149 $2,810,149 $2,810,149

$2,810,149 $2,810,149 $2,810,149

$2,810,149 $2,810,149 $2,810,149

43.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$18,991

$18,991

$18,991

43.2 Increase funds for the Board of Regents contract to reflect an adjustment in the employer share of health insurance premiums.

State General Funds

$5,992

$5,992

$5,992

43.3 Increase funds to recognize the annualized portion of FY2013 increase in the employer share of health insurance and Teachers' Retirement System.

State General Funds

$20,238

$20,238

$20,238

43.100 -Athens and Tifton Veterinary Laboratories

Appropriation (HB 106)

The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for

disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

TOTAL STATE FUNDS

$2,855,370

$2,855,370

$2,855,370

State General Funds

$2,855,370

$2,855,370

$2,855,370

TOTAL PUBLIC FUNDS

$2,855,370

$2,855,370

$2,855,370

3174

JOURNAL OF THE HOUSE

Consumer Protection

Continuation Budget

The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production

of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile

meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating

the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary

industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by

monitoring, inspecting, and regulating animal feed, pet food, and grains; 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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$24,325,136 $24,325,136
$7,128,980 $7,128,980 $1,276,004
$175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120

$24,325,136 $24,325,136
$7,128,980 $7,128,980 $1,276,004
$175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120

$24,325,136 $24,325,136
$7,128,980 $7,128,980 $1,276,004
$175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120

44.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$390,561

44.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($104,405)

44.3 Reduce funds for operations. State General Funds

($65,194)

44.4 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds

($140,239)

44.5 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds

($205,765)

44.6 Reduce funds for motor vehicle purchases. State General Funds

($121,000)

$390,561 ($104,405)
($65,194) ($140,239) ($280,765) ($121,000)

$390,561 ($104,405)
($65,194) ($140,239) ($280,765) ($121,000)

FRIDAY, MARCH 22, 2013

3175

44.7 Reduce funds for safety inspections in the Consumer Protection program and transfer savings to the Marketing and Promotion program for farmers' markets safety compliance expenditures.

State General Funds

($472,013)

($472,013)

($472,013)

44.100 -Consumer Protection

Appropriation (HB 106)

The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production

of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile

meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating

the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary

industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by

monitoring, inspecting, and regulating animal feed, pet food, and grains; 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 STATE FUNDS

$23,607,081 $23,532,081 $23,532,081

State General Funds

$23,607,081 $23,532,081 $23,532,081

TOTAL FEDERAL FUNDS

$7,128,980

$7,128,980

$7,128,980

Federal Funds Not Itemized

$7,128,980

$7,128,980

$7,128,980

TOTAL AGENCY FUNDS

$1,276,004

$1,276,004

$1,276,004

Contributions, Donations, and Forfeitures

$175,000

$175,000

$175,000

Contributions, Donations, and Forfeitures Not Itemized

$175,000

$175,000

$175,000

Sales and Services

$1,101,004

$1,101,004

$1,101,004

Sales and Services Not Itemized

$1,101,004

$1,101,004

$1,101,004

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$225,000

$225,000

$225,000

State Funds Transfers

$225,000

$225,000

$225,000

Agency to Agency Contracts

$225,000

$225,000

$225,000

TOTAL PUBLIC FUNDS

$32,237,065 $32,162,065 $32,162,065

Departmental Administration The purpose of this appropriation is to provide administrative support for all programs of the department.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,558,992 $4,558,992 $4,558,992

$4,558,992 $4,558,992 $4,558,992

$4,558,992 $4,558,992 $4,558,992

45.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$70,480

45.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($27,776)

$70,480 ($27,776)

$70,480 ($27,776)

3176

JOURNAL OF THE HOUSE

45.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds
45.4 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds
45.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$3,262 ($142,020)

$3,262 ($142,020)

$3,262 ($142,020)
($21,991)

45.100 -Departmental Administration

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$4,462,938

State General Funds

$4,462,938

TOTAL PUBLIC FUNDS

$4,462,938

Appropriation (HB 106)

$4,462,938 $4,462,938 $4,462,938

$4,440,947 $4,440,947 $4,440,947

Marketing and Promotion

Continuation Budget

The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to

administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to

publish the Market Bulletin.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$4,991,729 $4,991,729
$35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763

$4,991,729 $4,991,729
$35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763

$4,991,729 $4,991,729
$35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763

46.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$60,786

46.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($42,911)

46.3 Increase funds for operations related to issuing Georgia Agricultural Tax Exemption (GATE) certificates.

State General Funds

$500,000

$60,786 ($42,911) $550,000

$60,786 ($42,911) $550,000

FRIDAY, MARCH 22, 2013

3177

46.4 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds

($36,046)

($36,046)

($36,046)

46.5 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds

($139,324)

($189,324)

($189,324)

46.6 Eliminate funds for contracts for the Brussels office. State General Funds

($81,882)

($81,882)

($81,882)

46.7 Eliminate funds for the H1B/H2A Guest Worker program. State General Funds

($150,000)

($150,000)

($150,000)

46.8 Increase funds for farmers' markets safety compliance expenditures in the Marketing and Promotion program by transferring savings from the Consumer Protection program.

State General Funds

$472,013

$472,013

$472,013

46.100 -Marketing and Promotion

Appropriation (HB 106)

The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to

administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to

publish the Market Bulletin.

TOTAL STATE FUNDS

$5,574,365

$5,574,365

$5,574,365

State General Funds

$5,574,365

$5,574,365

$5,574,365

TOTAL FEDERAL FUNDS

$35,000

$35,000

$35,000

Federal Funds Not Itemized

$35,000

$35,000

$35,000

TOTAL AGENCY FUNDS

$1,331,295

$1,331,295

$1,331,295

Sales and Services

$1,331,295

$1,331,295

$1,331,295

Sales and Services Not Itemized

$1,331,295

$1,331,295

$1,331,295

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$621,739

$621,739

$621,739

State Funds Transfers

$621,739

$621,739

$621,739

State Fund Transfers Not Itemized

$621,739

$621,739

$621,739

TOTAL PUBLIC FUNDS

$7,562,399

$7,562,399

$7,562,399

Poultry Veterinary Diagnostic Labs

Continuation Budget

The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,763,298 $2,763,298 $2,763,298

$2,763,298 $2,763,298 $2,763,298

$2,763,298 $2,763,298 $2,763,298

3178

JOURNAL OF THE HOUSE

47.1 Reduce funds for operations. State General Funds

($82,899)

($82,899)

($82,899)

47.100 -Poultry Veterinary Diagnostic Labs

Appropriation (HB 106)

The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring.

TOTAL STATE FUNDS

$2,680,399

$2,680,399

$2,680,399

State General Funds

$2,680,399

$2,680,399

$2,680,399

TOTAL PUBLIC FUNDS

$2,680,399

$2,680,399

$2,680,399

Payments to Georgia Agricultural Exposition Authority

Continuation Budget

The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,284,739 $1,284,739 $1,284,739

$1,284,739 $1,284,739 $1,284,739

$1,284,739 $1,284,739 $1,284,739

48.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$10,450

48.2 Reduce funds and replace with other funds. State General Funds

($200,000)

48.3 Reduce funds to reflect savings from energy efficient investments and horse stable enhancements.

State General Funds

($100,000)

48.4 Reduce funds for operations. State General Funds

($38,542)

$10,450 ($200,000) ($100,000)
($38,542)

$10,450 ($200,000) ($100,000)
($38,542)

48.100 -Payments to Georgia Agricultural Exposition Authority

Appropriation (HB 106)

The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

TOTAL STATE FUNDS

$956,647

$956,647

$956,647

State General Funds

$956,647

$956,647

$956,647

TOTAL PUBLIC FUNDS

$956,647

$956,647

$956,647

Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation $11,357,111 $11,357,111 $11,357,111

$11,357,111 $11,357,111 $11,357,111

$11,357,111 $11,357,111 $11,357,111

FRIDAY, MARCH 22, 2013

3179

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $11,204,723 $11,204,723 $11,204,723

$11,204,723 $11,204,723 $11,204,723

$11,204,723 $11,204,723 $11,204,723

Consumer Protection and Assistance

Continuation Budget

The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$218,206 $218,206 $218,206

$218,206 $218,206 $218,206

$218,206 $218,206 $218,206

49.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$4,035

49.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($160)

49.3 Increase funds to reflect an adjustment in TeamWorks Financials billings.

State General Funds

$20

$4,035 ($160)
$20

$4,035 ($160)
$20

49.100 -Consumer Protection and Assistance

Appropriation (HB 106)

The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff.

TOTAL STATE FUNDS

$222,101

$222,101

$222,101

State General Funds

$222,101

$222,101

$222,101

TOTAL PUBLIC FUNDS

$222,101

$222,101

$222,101

Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,014,908 $2,014,908 $2,014,908

$2,014,908 $2,014,908 $2,014,908

$2,014,908 $2,014,908 $2,014,908

50.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$36,880

50.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,460)

$36,880 ($1,460)

$36,880 ($1,460)

3180

JOURNAL OF THE HOUSE

50.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$185

$185

$185

50.4 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel.

State General Funds

($50,000)

($50,000)

($50,000)

50.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$2,000,513 $2,000,513 $2,000,513

Appropriation (HB 106)

$2,000,513 $2,000,513 $2,000,513

$2,000,513 $2,000,513 $2,000,513

Financial Institution Supervision

Continuation Budget

The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank

holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry

trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory

agencies on examination findings.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,215,024 $7,215,024 $7,215,024

$7,215,024 $7,215,024 $7,215,024

$7,215,024 $7,215,024 $7,215,024

51.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$133,946

51.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($5,302)

51.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$673

51.4 Reduce funds for travel. State General Funds

($14,632)

51.5 Reduce funds for operations. State General Funds

($3,890)

51.6 Reduce funds for personnel for one filled position and part-time labor, and hold two positions vacant.

State General Funds

($276,823)

$133,946 ($5,302) $673 ($14,632) ($3,890)
($276,823)

$133,946 ($5,302) $673 ($14,632) ($3,890)
($276,823)

FRIDAY, MARCH 22, 2013

3181

51.100 -Financial Institution Supervision

Appropriation (HB 106)

The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank

holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry

trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory

agencies on examination findings.

TOTAL STATE FUNDS

$7,048,996

$7,048,996

$7,048,996

State General Funds

$7,048,996

$7,048,996

$7,048,996

TOTAL PUBLIC FUNDS

$7,048,996

$7,048,996

$7,048,996

Non-Depository Financial Institution Supervision

Continuation Budget

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 enforcing applicable laws and regulations, and provide efficient and flexible application,

registrations, and notification procedures for non-depository financial institutions.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,908,973 $1,908,973 $1,908,973

$1,908,973 $1,908,973 $1,908,973

$1,908,973 $1,908,973 $1,908,973

52.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$35,362

$35,362

$35,362

52.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,400)

($1,400)

($1,400)

52.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$178

$178

$178

52.4 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel.

State General Funds

$50,000

$50,000

$50,000

52.5 Reduce funds for operations. State General Funds

($1,512)

($1,512)

($1,512)

52.6 Reduce funds for contracts by eliminating temporary clerical assistance. State General Funds

($20,000)

($20,000)

($20,000)

52.7 Reduce funds for personnel by eliminating part-time employees. State General Funds

($38,488)

($38,488)

($38,488)

3182

JOURNAL OF THE HOUSE

52.100 -Non-Depository Financial Institution Supervision

Appropriation (HB 106)

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 enforcing applicable laws and regulations, and provide efficient and flexible application,

registrations, and notification procedures for non-depository financial institutions.

TOTAL STATE FUNDS

$1,933,113

$1,933,113

$1,933,113

State General Funds

$1,933,113

$1,933,113

$1,933,113

TOTAL PUBLIC FUNDS

$1,933,113

$1,933,113

$1,933,113

Section 15: Behavioral Health and Developmental Disabilities, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds

Section Total - Continuation

$938,225,891 $938,225,891

$927,970,753 $927,970,753

$10,255,138 $10,255,138

$143,796,869 $143,796,869

$10,716,517 $10,716,517

$14,163,709 $14,163,709

$24,477,192 $24,477,192

$46,889,589 $46,889,589

$35,981,142 $35,981,142

$11,568,720 $11,568,720

$45,392,197 $45,392,197

$200,000

$200,000

$200,000

$200,000

$257,036

$257,036

$257,036

$257,036

$668,024

$668,024

$668,024

$668,024

$44,267,137 $44,267,137

$44,267,137 $44,267,137

$5,004,491

$5,004,491

$4,956,393

$4,956,393

$2,357,130

$2,357,130

$2,599,263

$2,599,263

$48,098

$48,098

$48,098

$48,098

$1,132,419,448 $1,132,419,448

Section Total - Final

$956,435,491 $956,128,317

$946,180,353 $945,873,179

$10,255,138 $10,255,138

$938,225,891 $927,970,753 $10,255,138 $143,796,869 $10,716,517 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $45,392,197
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $44,267,137 $44,267,137 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,132,419,448
$953,610,020 $943,354,882 $10,255,138

FRIDAY, MARCH 22, 2013

3183

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$144,355,412 $10,716,517 $14,163,709 $25,035,735 $46,889,589 $35,981,142 $11,568,720 $54,801,749
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $53,676,689 $53,676,689 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,160,597,143

$145,162,586 $10,716,517 $14,163,709 $25,842,909 $46,889,589 $35,981,142 $11,568,720 $54,801,749
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $53,676,689 $53,676,689 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,161,097,143

$144,967,401 $10,716,517 $14,163,709 $25,647,724 $46,889,589 $35,981,142 $11,568,720 $54,801,749
$200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $53,676,689 $53,676,689 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,158,383,661

Adult Addictive Diseases Services

Continuation Budget

The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a

chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized

$45,076,146 $45,076,146 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903

$45,076,146 $45,076,146 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903

$45,076,146 $45,076,146 $44,990,790
$200,000 $30,722,070
$2,500,000 $11,568,720
$435,203 $200,000 $200,000 $234,903 $234,903

3184

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$300 $300 $90,502,139

$300 $300 $90,502,139

$300 $300 $90,502,139

53.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$203,634

$203,634

$203,634

53.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$8,260

$8,260

$8,260

53.3 Transfer funds from the Adult Addictive Diseases Services program to the Adult Forensic Services program to align the budget with program expenditures.

State General Funds

($1,231,428) ($1,231,428) ($1,231,428)

53.100 -Adult Addictive Diseases Services

Appropriation (HB 106)

The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a

chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers.

TOTAL STATE FUNDS

$44,056,612 $44,056,612 $44,056,612

State General Funds

$44,056,612 $44,056,612 $44,056,612

TOTAL FEDERAL FUNDS

$44,990,790 $44,990,790 $44,990,790

Medical Assistance Program CFDA93.778

$200,000

$200,000

$200,000

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$30,722,070 $30,722,070 $30,722,070

FFIND Social Services Block Grant CFDA93.667

$2,500,000

$2,500,000

$2,500,000

FFIND Temp. Assistance for Needy Families CFDA93.558

$11,568,720 $11,568,720 $11,568,720

TOTAL AGENCY FUNDS

$435,203

$435,203

$435,203

Intergovernmental Transfers

$200,000

$200,000

$200,000

Intergovernmental Transfers Not Itemized

$200,000

$200,000

$200,000

Rebates, Refunds, and Reimbursements

$234,903

$234,903

$234,903

Rebates, Refunds, and Reimbursements Not Itemized

$234,903

$234,903

$234,903

Sales and Services

$300

$300

$300

Sales and Services Not Itemized

$300

$300

$300

TOTAL PUBLIC FUNDS

$89,482,605 $89,482,605 $89,482,605

Adult Developmental Disabilities Services

Continuation Budget

The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support

and respite, job readiness, training, and a crisis and access line.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds

$274,751,725 $264,496,587 $10,255,138

$274,751,725 $264,496,587 $10,255,138

$274,751,725 $264,496,587 $10,255,138

FRIDAY, MARCH 22, 2013

3185

TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509

$37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509

$37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509

54.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,474,781

$1,474,781

$1,474,781

54.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$127,627

$127,627

$127,627

54.3 Reduce funds to reflect savings from unit closures at state hospitals. State General Funds

($10,500,000) ($10,500,000) ($10,500,000)

54.4 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($558,543) $558,543
$0

($558,543) $558,543
$0

($558,543) $558,543
$0

54.5 Increase funds for developmental disabilities consumers in community settings to meet the requirements of the State's settlement agreement with the United States Department of Justice (excludes waivers).

State General Funds

$1,872,000

$1,872,000

$1,872,000

54.6 Reduce funds to reflect savings from administrative efficiencies at regional offices. State General Funds

($250,000)

($250,000)

($250,000)

54.7 Increase funds for 250 additional slots for the New Options Waiver (NOW) and Comprehensive Waiver (COMP) and to annualize the cost of the 250 FY2013 waiver slots for the developmentally disabled to meet the requirements of the State's settlement agreement with the United States Department of Justice.

State General Funds

$11,966,160 $11,966,160 $11,966,160

54.8 Replace funds with Medicaid Upper Payment Limit and Cost Settlement Funds for hospitals. (H and S:YES; This reduction reflects a one-time savings that cannot be achieved in future years)

State General Funds Sales and Services Not Itemized Total Public Funds:

($9,409,552) $9,409,552
$0

($9,409,552) $9,409,552
$0

($9,409,552) $9,409,552
$0

3186

JOURNAL OF THE HOUSE

54.9 Transfer funds from the Direct Care and Support Services program to the Adult Developmental Disabilities Services program to align the budget with program expenditures.

State General Funds

$2,297,999

$2,297,999

$2,297,999

54.10 Increase funds for residential housing vouchers for developmentally disabled individuals in the community. State General Funds

$50,000

54.11 Increase funds for Georgia Community Support and Solutions. State General Funds

$25,000

54.12 Increase funds for Rockdale Cares. State General Funds

$50,000

54.100 -Adult Developmental Disabilities Services

Appropriation (HB 106)

The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support

and respite, job readiness, training, and a crisis and access line.

TOTAL STATE FUNDS

$271,772,197 $271,772,197 $271,897,197

State General Funds

$261,517,059 $261,517,059 $261,642,059

Tobacco Settlement Funds

$10,255,138 $10,255,138 $10,255,138

TOTAL FEDERAL FUNDS

$38,480,753 $38,480,753 $38,480,753

Medical Assistance Program CFDA93.778

$12,336,582 $12,336,582 $12,336,582

FFIND Social Services Block Grant CFDA93.667

$26,144,171 $26,144,171 $26,144,171

TOTAL AGENCY FUNDS

$30,379,126 $30,379,126 $30,379,126

Sales and Services

$30,379,126 $30,379,126 $30,379,126

Sales and Services Not Itemized

$30,379,126 $30,379,126 $30,379,126

TOTAL PUBLIC FUNDS

$340,632,076 $340,632,076 $340,757,076

Adult Forensic Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$68,388,654 $68,388,654
$26,500 $26,500 $26,500 $68,415,154

$68,388,654 $68,388,654
$26,500 $26,500 $26,500 $68,415,154

$68,388,654 $68,388,654
$26,500 $26,500 $26,500 $68,415,154

55.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,337,336

$1,337,336

$1,337,336

FRIDAY, MARCH 22, 2013

3187

55.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$3,589

$3,589

$3,589

55.3 Transfer funds from the Adult Addictive Diseases Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to the Adult Forensic Services program to align the budget with program expenditures.

State General Funds

$2,334,600

$2,334,600

$2,334,600

55.4 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program for CRIPA treatment mall activities.

State General Funds

$2,687,881

$2,687,881

$2,687,881

55.5 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program to align the budget with program expenditures.

State General Funds

$4,853,320

$4,853,320

$4,853,320

55.100 -Adult Forensic Services

Appropriation (HB 106)

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 STATE FUNDS

$79,605,380 $79,605,380 $79,605,380

State General Funds

$79,605,380 $79,605,380 $79,605,380

TOTAL AGENCY FUNDS

$26,500

$26,500

$26,500

Sales and Services

$26,500

$26,500

$26,500

Sales and Services Not Itemized

$26,500

$26,500

$26,500

TOTAL PUBLIC FUNDS

$79,631,880 $79,631,880 $79,631,880

Adult Mental Health Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$279,744,235 $279,744,235 $16,747,136
$8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728

$279,744,235 $279,744,235 $16,747,136
$8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728

$279,744,235 $279,744,235 $16,747,136
$8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728

3188

JOURNAL OF THE HOUSE

56.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,628,658

$1,628,658

$1,628,658

56.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$27,081

$27,081

$27,081

56.3 Increase funds for Medicaid growth. State General Funds

$1,250,000

$1,250,000

$1,250,000

56.4 Increase funds for mental health consumers in community settings to meet the requirements of the State's settlement agreement with the United States Department of Justice.

State General Funds

$21,557,465 $21,557,465 $21,557,465

56.5 Reduce funds to reflect savings from administrative efficiencies at regional offices. State General Funds

($500,000)

($500,000)

($500,000)

56.6 Reduce funds to reflect the completion of the Opening Doors to Recovery Project. State General Funds

($250,000)

($250,000)

($250,000)

56.7 Transfer funds from the Adult Mental Health Services program to the Adult Forensic Services program to align the budget with program expenditures.

State General Funds

($1,103,172) ($1,103,172) ($1,103,172)

56.8 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program to align the budget with program expenditures.

State General Funds

$2,072,629

$2,072,629

$2,072,629

56.9 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program for CRIPA treatment mall activities.

State General Funds

$2,143,824

$2,143,824

$2,143,824

56.10 Replace funds to reflect a change in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($88,355) $88,355
$0

($88,355) $88,355
$0

56.100 -Adult Mental Health Services

Appropriation (HB 106)

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 STATE FUNDS

$306,570,720 $306,482,365 $306,482,365

State General Funds

$306,570,720 $306,482,365 $306,482,365

TOTAL FEDERAL FUNDS

$16,747,136 $16,835,491 $16,835,491

Federal Funds Not Itemized

$8,038,893

$8,038,893

$8,038,893

Community Mental Health Services Block Grant CFDA93.958

$6,726,178

$6,726,178

$6,726,178

FRIDAY, MARCH 22, 2013

3189

Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,982,065 $2,303,357 $2,303,357 $2,303,357 $325,621,213

$2,070,420 $2,303,357 $2,303,357 $2,303,357 $325,621,213

$2,070,420 $2,303,357 $2,303,357 $2,303,357 $325,621,213

Adult Nursing Home Services

Continuation Budget

The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698

$4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698

$4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698

57.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$78,487

$78,487

$78,487

57.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,487

$1,487

$1,487

57.3 Reduce funds to reflect the closure of Craig Nursing Home. (S:Reflect increased savings estimate from closure)

State General Funds

($100,000)

($100,000)

($1,500,000)

57.4 Transfer funds from the Direct Care and Support Services program to the Adult Nursing Home Services program to align the budget with program expenditures.

State General Funds

$3,263,083

$3,263,083

$3,263,083

57.100 -Adult Nursing Home Services

Appropriation (HB 106)

The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities.

TOTAL STATE FUNDS

$8,126,686

$8,126,686

$6,726,686

State General Funds

$8,126,686

$8,126,686

$6,726,686

TOTAL AGENCY FUNDS

$6,330,069

$6,330,069

$6,330,069

Sales and Services

$6,330,069

$6,330,069

$6,330,069

Sales and Services Not Itemized

$6,330,069

$6,330,069

$6,330,069

TOTAL PUBLIC FUNDS

$14,456,755 $14,456,755 $13,056,755

3190

JOURNAL OF THE HOUSE

Child and Adolescent Addictive Diseases Services

Continuation Budget

The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to

productive living.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS

$3,273,354 $3,273,354 $6,154,800
$226,000 $5,928,800 $9,428,154

$3,273,354 $3,273,354 $6,154,800
$226,000 $5,928,800 $9,428,154

$3,273,354 $3,273,354 $6,154,800
$226,000 $5,928,800 $9,428,154

58.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$6,997

$6,997

58.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,300

$1,300

58.3 Replace funds to reflect a change in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($10,074) $10,074
$0

$6,997
$1,300
($10,074) $10,074
$0

58.100 -Child and Adolescent Addictive Diseases Services

Appropriation (HB 106)

The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to

productive living.

TOTAL STATE FUNDS

$3,281,651

$3,271,577

$3,271,577

State General Funds

$3,281,651

$3,271,577

$3,271,577

TOTAL FEDERAL FUNDS

$6,154,800

$6,164,874

$6,164,874

Medical Assistance Program CFDA93.778

$226,000

$236,074

$236,074

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$5,928,800

$5,928,800

$5,928,800

TOTAL PUBLIC FUNDS

$9,436,451

$9,436,451

$9,436,451

Child and Adolescent Developmental Disabilities

Continuation Budget

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents

with developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$8,345,916 $8,345,916 $3,148,692

$8,345,916 $8,345,916 $3,148,692

$8,345,916 $8,345,916 $3,148,692

FRIDAY, MARCH 22, 2013

3191

Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$3,148,692 $11,494,608

$3,148,692 $11,494,608

$3,148,692 $11,494,608

59.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$12,024

$12,024

59.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$4,224

$4,224

59.3 Increase funds for the Marcus Autism Center.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$250,000 $250,000 $500,000

59.4 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($140,359) $140,359
$0

$12,024
$4,224
$250,000 $250,000 $500,000
($140,359) $140,359
$0

59.100 -Child and Adolescent Developmental Disabilities

Appropriation (HB 106)

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents

with developmental disabilities.

TOTAL STATE FUNDS

$8,362,164

$8,471,805

$8,471,805

State General Funds

$8,362,164

$8,471,805

$8,471,805

TOTAL FEDERAL FUNDS

$3,148,692

$3,539,051

$3,539,051

Medical Assistance Program CFDA93.778

$3,148,692

$3,539,051

$3,539,051

TOTAL PUBLIC FUNDS

$11,510,856 $12,010,856 $12,010,856

Child and Adolescent Forensic Services

Continuation Budget

The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal

justice or corrections system.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,301,930 $3,301,930 $3,301,930

$3,301,930 $3,301,930 $3,301,930

$3,301,930 $3,301,930 $3,301,930

60.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$40,774

$40,774

$40,774

3192

JOURNAL OF THE HOUSE

60.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$3,398

$3,398

$3,398

60.3 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center.

State General Funds

$1,800,000

$1,800,000

$1,800,000

60.100 -Child and Adolescent Forensic Services

Appropriation (HB 106)

The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal

justice or corrections system.

TOTAL STATE FUNDS

$5,146,102

$5,146,102

$5,146,102

State General Funds

$5,146,102

$5,146,102

$5,146,102

TOTAL PUBLIC FUNDS

$5,146,102

$5,146,102

$5,146,102

Child and Adolescent Mental Health Services

Continuation Budget

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$75,502,819 $75,502,819 $10,201,314
$7,437,531 $2,763,783
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914

$75,502,819 $75,502,819 $10,201,314
$7,437,531 $2,763,783
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914

$75,502,819 $75,502,819 $10,201,314
$7,437,531 $2,763,783
$85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914

61.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$130,880

61.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$8,078

61.3 Increase funds for Medicaid growth. State General Funds

$1,250,000

$130,880 $8,078
$1,250,000

$130,880 $8,078
$1,250,000

FRIDAY, MARCH 22, 2013

3193

61.4 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center.

State General Funds

($1,800,000) ($1,800,000) ($1,800,000)

61.5 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($123,201) $123,201
$0

($123,201) $123,201
$0

61.100 -Child and Adolescent Mental Health Services

Appropriation (HB 106)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

TOTAL STATE FUNDS

$75,091,777 $74,968,576 $74,968,576

State General Funds

$75,091,777 $74,968,576 $74,968,576

TOTAL FEDERAL FUNDS

$10,201,314 $10,324,515 $10,324,515

Community Mental Health Services Block Grant CFDA93.958

$7,437,531

$7,437,531

$7,437,531

Medical Assistance Program CFDA93.778

$2,763,783

$2,886,984

$2,886,984

TOTAL AGENCY FUNDS

$85,000

$85,000

$85,000

Sales and Services

$85,000

$85,000

$85,000

Sales and Services Not Itemized

$85,000

$85,000

$85,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,584,781

$2,584,781

$2,584,781

State Funds Transfers

$2,536,683

$2,536,683

$2,536,683

Agency to Agency Contracts

$2,536,683

$2,536,683

$2,536,683

Federal Funds Transfers

$48,098

$48,098

$48,098

Federal Fund Transfers Not Itemized

$48,098

$48,098

$48,098

TOTAL PUBLIC FUNDS

$87,962,872 $87,962,872 $87,962,872

Departmental Administration-Behavioral Health

Continuation Budget

The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the

department.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$36,672,440 $36,672,440 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,410,157

$36,672,440 $36,672,440 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,410,157

$36,672,440 $36,672,440 $11,715,584
$4,378,613 $7,336,971
$22,133 $22,133 $22,133 $48,410,157

3194

JOURNAL OF THE HOUSE

62.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$367,577

$367,577

$367,577

62.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$88,524

$88,524

$88,524

62.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$65,234

$65,234

$65,234

62.4 Reduce funds to reflect savings from administrative efficiencies. State General Funds

($250,000)

($250,000)

($250,000)

62.5 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. (S:Reduce funds)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($195,185) $195,185
$0

($195,185) $0
($195,185)

62.6 By January 1, 2014, the Department shall provide a report to the Georgia General Assembly with an actionable plan to equalize grant-in-aid funding for core behavioral health services statewide. (H:YES)(S:YES)

State General Funds

$0

$0

62.7 Reduce funds for the Kronos contract and direct the Department to work with the State Accounting Office to implement the already purchased PeopleSoft time management system effective January 1, 2014. (S:YES)

State General Funds

($1,250,000)

62.8 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

($93,297)

62.100 -Departmental Administration-Behavioral Health

Appropriation (HB 106)

The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the

department.

TOTAL STATE FUNDS

$36,943,775 $36,748,590 $35,405,293

State General Funds

$36,943,775 $36,748,590 $35,405,293

TOTAL FEDERAL FUNDS

$11,715,584 $11,910,769 $11,715,584

Medical Assistance Program CFDA93.778

$4,378,613

$4,573,798

$4,378,613

FFIND Social Services Block Grant CFDA93.667

$7,336,971

$7,336,971

$7,336,971

TOTAL AGENCY FUNDS

$22,133

$22,133

$22,133

Rebates, Refunds, and Reimbursements

$22,133

$22,133

$22,133

Rebates, Refunds, and Reimbursements Not Itemized

$22,133

$22,133

$22,133

TOTAL PUBLIC FUNDS

$48,681,492 $48,681,492 $47,143,010

FRIDAY, MARCH 22, 2013

3195

Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals.
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Continuation Budget

$137,351,122 $137,351,122 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $154,991,193

$137,351,122 $137,351,122 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $154,991,193

$137,351,122 $137,351,122 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $154,991,193

63.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$2,084,771

$2,084,771

$2,084,771

63.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$438,158

$438,158

$438,158

63.3 Reduce funds for personnel. State General Funds

($2,000,000) ($2,000,000) ($2,000,000)

63.4 Reduce funds for contracts. State General Funds

($1,500,000) ($1,500,000) ($1,500,000)

63.5 Reduce funds from the discontinuation of cook-chill and other ancillary services at Central State Hospital.

State General Funds

($2,500,000)

($2,500,000)

($2,500,000)

63.6 Transfer funds from the Direct Care and Support Services program to the Adult Developmental Disabilities Services ($2,297,999), Adult Forensic Services ($4,853,320), Adult Mental Health Services ($2,072,629), and Adult Nursing Home Services ($3,263,083) programs to align the budget with program expenditures.

State General Funds

($12,487,031) ($12,487,031) ($12,487,031)

63.7 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program ($2,687,881) and the Adult Mental Health Services program ($2,143,824) for CRIPA treatment mall activities.

State General Funds

($4,831,705) ($4,831,705) ($4,831,705)

3196

JOURNAL OF THE HOUSE

63.100 -Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. TOTAL STATE FUNDS
State General Funds TOTAL AGENCY FUNDS
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Appropriation (HB 106)

$116,555,315 $116,555,315 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $134,195,386

$116,555,315 $116,555,315 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $134,195,386

$116,555,315 $116,555,315 $15,220,361
$668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $134,195,386

Substance Abuse Prevention

Continuation Budget

The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse

of alcohol, tobacco and drugs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS

$233,007 $233,007 $10,238,719 $10,238,719 $10,471,726

$233,007 $233,007 $10,238,719 $10,238,719 $10,471,726

$233,007 $233,007 $10,238,719 $10,238,719 $10,471,726

64.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$463

64.2 Increase funds to reflect an adjustment in telecommunications expenses.

State General Funds

$82

$463 $82

$463 $82

64.100 -Substance Abuse Prevention

Appropriation (HB 106)

The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse

of alcohol, tobacco and drugs.

TOTAL STATE FUNDS

$233,552

$233,552

$233,552

State General Funds

$233,552

$233,552

$233,552

TOTAL FEDERAL FUNDS

$10,238,719 $10,238,719 $10,238,719

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$10,238,719 $10,238,719 $10,238,719

TOTAL PUBLIC FUNDS

$10,472,271 $10,472,271 $10,472,271

FRIDAY, MARCH 22, 2013

3197

Developmental Disabilities, Georgia Council on

Continuation Budget

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$44,635 $44,635 $2,677,624 $2,677,624 $2,722,259

$44,635 $44,635 $2,677,624 $2,677,624 $2,722,259

$44,635 $44,635 $2,677,624 $2,677,624 $2,722,259

65.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$857

$857

$857

65.2 Reduce funds for operations. State General Funds

($1,339)

($1,339)

($1,339)

65.3 Increase funds for post-secondary options for students with intellectual disabilities by funding a new program in south Georgia ($50,000) and expanding the existing pilot program at Kennesaw State University ($50,000).

State General Funds

$100,000

65.100 -Developmental Disabilities, Georgia Council on

Appropriation (HB 106)

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$44,153

$44,153

$144,153

State General Funds

$44,153

$44,153

$144,153

TOTAL FEDERAL FUNDS

$2,677,624

$2,677,624

$2,677,624

Federal Funds Not Itemized

$2,677,624

$2,677,624

$2,677,624

TOTAL PUBLIC FUNDS

$2,721,777

$2,721,777

$2,821,777

Sexual Offender Review Board

Continuation Budget

The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$656,279 $656,279 $656,279

$656,279 $656,279 $656,279

$656,279 $656,279 $656,279

66.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$7,370

66.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,446

$7,370 $1,446

$7,370 $1,446

3198

JOURNAL OF THE HOUSE

66.3 Reduce funds for operations. State General Funds

($19,688)

($19,688)

($19,688)

66.100 -Sexual Offender Review Board

Appropriation (HB 106)

The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending.

TOTAL STATE FUNDS

$645,407

$645,407

$645,407

State General Funds

$645,407

$645,407

$645,407

TOTAL PUBLIC FUNDS

$645,407

$645,407

$645,407

Section 16: Community Affairs, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized

Section Total - Continuation $138,921,611 $138,921,611 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $324,994,944
Section Total - Final $58,819,507 $58,819,507 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158

$138,921,611 $138,921,611 $172,892,464 $172,892,464 $13,100,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $324,994,944
$58,841,507 $58,841,507 $172,892,464 $172,892,464 $13,100,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158

$138,921,611 $138,921,611 $172,892,464 $172,892,464 $13,100,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $324,994,944
$49,110,419 $49,110,419 $172,892,464 $172,892,464 $13,100,483
$344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158

FRIDAY, MARCH 22, 2013

3199

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$80,386 $44,070 $44,070 $36,316 $36,316 $244,892,840

$80,386 $44,070 $44,070 $36,316 $36,316 $244,914,840

$80,386 $44,070 $44,070 $36,316 $36,316 $235,183,752

Building Construction

Continuation Budget

The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory

built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes;

and to provide professional training to building inspectors and builders on Georgia's construction codes.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$229,373 $229,373 $75,116 $75,116 $257,804 $257,804 $257,804 $562,293

$229,373 $229,373 $75,116 $75,116 $257,804 $257,804 $257,804 $562,293

$229,373 $229,373 $75,116 $75,116 $257,804 $257,804 $257,804 $562,293

67.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$4,512

67.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($3,233)

$4,512 ($3,233)

$4,512 ($3,233)

67.100 -Building Construction

Appropriation (HB 106)

The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory

built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes;

and to provide professional training to building inspectors and builders on Georgia's construction codes.

TOTAL STATE FUNDS

$230,652

$230,652

$230,652

State General Funds

$230,652

$230,652

$230,652

TOTAL FEDERAL FUNDS

$75,116

$75,116

$75,116

Federal Funds Not Itemized

$75,116

$75,116

$75,116

TOTAL AGENCY FUNDS

$257,804

$257,804

$257,804

Sales and Services

$257,804

$257,804

$257,804

Sales and Services Not Itemized

$257,804

$257,804

$257,804

TOTAL PUBLIC FUNDS

$563,572

$563,572

$563,572

3200

JOURNAL OF THE HOUSE

Coordinated Planning

Continuation Budget

The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing

standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments

in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and

resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census

Bureau.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,023,494 $4,023,494
$126,906 $126,906 $126,906 $4,150,400

$4,023,494 $4,023,494
$126,906 $126,906 $126,906 $4,150,400

$4,023,494 $4,023,494
$126,906 $126,906 $126,906 $4,150,400

68.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$18,051

68.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($12,932)

68.3 Reduce funds for Regional Commissions. State General Funds

($73,057)

68.4 Reduce funds for personnel for four filled positions. State General Funds

($260,686)

68.5 Reduce funds for the Keep Georgia Beautiful Foundation contract and replace with other funds.

State General Funds

($61,114)

$18,051 ($12,932) ($76,057) ($260,686) ($61,114)

$18,051 ($12,932) ($73,057) ($260,686) ($61,114)

68.100 -Coordinated Planning

Appropriation (HB 106)

The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing

standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments

in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and

resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census

Bureau.

TOTAL STATE FUNDS

$3,633,756

$3,630,756

$3,633,756

State General Funds

$3,633,756

$3,630,756

$3,633,756

TOTAL AGENCY FUNDS

$126,906

$126,906

$126,906

Sales and Services

$126,906

$126,906

$126,906

FRIDAY, MARCH 22, 2013

3201

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$126,906 $3,760,662

Departmental Administration The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775
$44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219
$9,906 $9,906 $9,906 $6,535,528

69.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$19,179

69.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($13,740)

69.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$3,695

69.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

69.100 -Departmental Administration

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$1,103,981

State General Funds

$1,103,981

TOTAL FEDERAL FUNDS

$3,216,000

Federal Funds Not Itemized

$3,216,000

$126,906 $3,757,662

$126,906 $3,760,662

Continuation Budget

$1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775
$44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219
$9,906 $9,906 $9,906 $6,535,528

$1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775
$44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219
$9,906 $9,906 $9,906 $6,535,528

$19,179

$19,179

($13,740)

($13,740)

$3,695

$3,695

($7,583)

Appropriation (HB 106)

$1,103,981 $1,103,981 $3,216,000 $3,216,000

$1,096,398 $1,096,398 $3,216,000 $3,216,000

3202

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$2,214,775 $44,319 $44,319
$1,900,237 $1,900,237
$270,219 $270,219
$9,906 $9,906 $9,906 $6,544,662

$2,214,775 $44,319 $44,319
$1,900,237 $1,900,237
$270,219 $270,219
$9,906 $9,906 $9,906 $6,544,662

$2,214,775 $44,319 $44,319
$1,900,237 $1,900,237
$270,219 $270,219
$9,906 $9,906 $9,906 $6,537,079

Federal Community and Economic Development Programs

Continuation Budget

The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among

local governments, development authorities, and private entities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,525,558 $1,525,558 $52,272,828 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801

$1,525,558 $1,525,558 $52,272,828 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801

$1,525,558 $1,525,558 $52,272,828 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801

70.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$25,947

70.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($18,590)

$25,947 ($18,590)

$25,947 ($18,590)

70.100 -Federal Community and Economic Development Programs

Appropriation (HB 106)

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.

FRIDAY, MARCH 22, 2013

3203

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,532,915 $1,532,915 $52,272,828 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,111,158

$1,532,915 $1,532,915 $52,272,828 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,111,158

$1,532,915 $1,532,915 $52,272,828 $52,272,828
$295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,111,158

Homeownership Programs

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652

$0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652

$0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652

71.100 -Homeownership Programs

Appropriation (HB 106)

The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote

homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down

payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a

partnership with private providers.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers

$474,298 $474,298 $4,773,354 $4,773,354

$474,298 $474,298 $4,773,354 $4,773,354

$474,298 $474,298 $4,773,354 $4,773,354

3204

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$4,773,354 $5,247,652

$4,773,354 $5,247,652

$4,773,354 $5,247,652

Regional Services

Continuation Budget

The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to

provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and

services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,101,054 $1,101,054
$108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704

$1,101,054 $1,101,054
$108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704

$1,101,054 $1,101,054
$108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704

72.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$20,307

72.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($14,548)

72.3 Reduce funds for personnel for one filled regional director position. State General Funds

($77,841)

72.4 Transfer funds from the Regional Services program to State Economic Development Programs for one position.

State General Funds

($30,000)

$20,307 ($14,548) ($77,841) ($30,000)

$20,307 ($14,548) ($77,841) ($30,000)

72.100 -Regional Services

Appropriation (HB 106)

The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to

provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and

services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

TOTAL STATE FUNDS

$998,972

$998,972

$998,972

State General Funds

$998,972

$998,972

$998,972

TOTAL FEDERAL FUNDS

$108,000

$108,000

$108,000

Federal Funds Not Itemized

$108,000

$108,000

$108,000

TOTAL AGENCY FUNDS

$188,650

$188,650

$188,650

FRIDAY, MARCH 22, 2013

3205

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$175,000 $175,000 $13,650 $13,650 $1,295,622

$175,000 $175,000 $13,650 $13,650 $1,295,622

$175,000 $175,000 $13,650 $13,650 $1,295,622

Rental Housing Programs

Continuation Budget

The purpose of this appropriation is to provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state

housing tax credits on a competitive basis, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by

providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental

market.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343

$0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343

$0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343

73.100 -Rental Housing Programs

Appropriation (HB 106)

The purpose of this appropriation is to provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state

housing tax credits on a competitive basis, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by

providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental

market.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$114,948,262 $114,948,262
$3,992,081 $3,157,089 $3,157,089
$834,992 $834,992 $118,940,343

$114,948,262 $114,948,262
$3,992,081 $3,157,089 $3,157,089
$834,992 $834,992 $118,940,343

$114,948,262 $114,948,262
$3,992,081 $3,157,089 $3,157,089
$834,992 $834,992 $118,940,343

3206

JOURNAL OF THE HOUSE

Research and Surveys

Continuation Budget

The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with

Georgia law.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$373,968 $373,968 $373,968

$373,968 $373,968 $373,968

$373,968 $373,968 $373,968

74.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$6,769

74.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($4,850)

$6,769 ($4,850)

$6,769 ($4,850)

74.100 -Research and Surveys

Appropriation (HB 106)

The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with

Georgia law.

TOTAL STATE FUNDS

$375,887

$375,887

$375,887

State General Funds

$375,887

$375,887

$375,887

TOTAL PUBLIC FUNDS

$375,887

$375,887

$375,887

Special Housing Initiatives

Continuation Budget

The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer

loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an

affordable housing plan; and to provide for other special housing initiatives.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers

$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410

$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410

$2,962,892 $2,962,892 $1,702,960 $1,702,960
$776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410

FRIDAY, MARCH 22, 2013

3207

Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS

$16,410 $5,503,057

$16,410 $5,503,057

$16,410 $5,503,057

75.100 -Special Housing Initiatives

Appropriation (HB 106)

The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer

loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an

affordable housing plan; and to provide for other special housing initiatives.

TOTAL STATE FUNDS

$2,962,892

$2,962,892

$2,962,892

State General Funds

$2,962,892

$2,962,892

$2,962,892

TOTAL FEDERAL FUNDS

$1,702,960

$1,702,960

$1,702,960

Federal Funds Not Itemized

$1,702,960

$1,702,960

$1,702,960

TOTAL AGENCY FUNDS

$776,725

$776,725

$776,725

Reserved Fund Balances

$300,000

$300,000

$300,000

Reserved Fund Balances Not Itemized

$300,000

$300,000

$300,000

Intergovernmental Transfers

$476,725

$476,725

$476,725

Intergovernmental Transfers Not Itemized

$476,725

$476,725

$476,725

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$60,480

$60,480

$60,480

State Funds Transfers

$44,070

$44,070

$44,070

Agency to Agency Contracts

$44,070

$44,070

$44,070

Agency Funds Transfers

$16,410

$16,410

$16,410

Agency Fund Transfers Not Itemized

$16,410

$16,410

$16,410

TOTAL PUBLIC FUNDS

$5,503,057

$5,503,057

$5,503,057

State Community Development Programs

Continuation Budget

The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to

champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$867,579 $867,579 $55,284 $55,284 $55,284 $922,863

$867,579 $867,579 $55,284 $55,284 $55,284 $922,863

$867,579 $867,579 $55,284 $55,284 $55,284 $922,863

76.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$15,795

76.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($11,315)

$15,795 ($11,315)

$15,795 ($11,315)

3208

JOURNAL OF THE HOUSE

76.3 Eliminate funds for one office director position. State General Funds

($100,836)

($100,836)

76.4 Transfer funds from State Community Development Programs to the State Economic Development Program for one position.

State General Funds

($40,000)

($40,000)

($100,836) ($40,000)

76.100 -State Community Development Programs

Appropriation (HB 106)

The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to

champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$731,223

$731,223

$731,223

State General Funds

$731,223

$731,223

$731,223

TOTAL AGENCY FUNDS

$55,284

$55,284

$55,284

Intergovernmental Transfers

$55,284

$55,284

$55,284

Intergovernmental Transfers Not Itemized

$55,284

$55,284

$55,284

TOTAL PUBLIC FUNDS

$786,507

$786,507

$786,507

State Economic Development Program

Continuation Budget

The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and

promote economic development and job creation.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$78,596,831 $78,596,831
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418

$78,596,831 $78,596,831
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418

$78,596,831 $78,596,831
$95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418

77.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$2,256

$2,256

$2,256

77.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,617)

($1,617)

($1,617)

77.3 Transfer funds from State Community Development Programs and the Regional Services program to the State Economic Development Program for one position to assist with processing Regional Economic Business Assistance (REBA) grants.

State General Funds

$70,000

$70,000

$70,000

FRIDAY, MARCH 22, 2013

3209

77.4 Reduce funds for one-time funding for Regional Economic Business Assistance (REBA) grants.

State General Funds

($67,059,063)

77.5 Increase funds for Regional Economic Business Assistance (REBA) grants. State General Funds

$9,475,000

($67,059,063) $9,475,000

($67,059,063) $9,475,000

77.100 -State Economic Development Program

Appropriation (HB 106)

The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and

promote economic development and job creation.

TOTAL STATE FUNDS

$21,083,407 $21,083,407 $21,083,407

State General Funds

$21,083,407 $21,083,407 $21,083,407

TOTAL FEDERAL FUNDS

$95,000

$95,000

$95,000

Federal Funds Not Itemized

$95,000

$95,000

$95,000

TOTAL AGENCY FUNDS

$240,587

$240,587

$240,587

Intergovernmental Transfers

$171,000

$171,000

$171,000

Intergovernmental Transfers Not Itemized

$171,000

$171,000

$171,000

Sales and Services

$69,587

$69,587

$69,587

Sales and Services Not Itemized

$69,587

$69,587

$69,587

TOTAL PUBLIC FUNDS

$21,418,994 $21,418,994 $21,418,994

Payments to Georgia Environmental Finance Authority

Continuation Budget

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$298,495 $298,495 $298,495

$298,495 $298,495 $298,495

$298,495 $298,495 $298,495

78.1 Eliminate funds for the Georgia Rural Water Association. (H:Reduce funds for the Georgia Rural Water Association)

State General Funds

($298,495)

($273,495)

$0

78.100 -Payments to Georgia Environmental Finance Authority

Appropriation (HB 106)

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS

$0

$25,000

$298,495

State General Funds

$0

$25,000

$298,495

TOTAL PUBLIC FUNDS

$0

$25,000

$298,495

Payments to Georgia Regional Transportation Authority

Continuation Budget

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting

transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

3210

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,041,478 $3,041,478 $3,041,478

$3,041,478 $3,041,478 $3,041,478

$3,041,478 $3,041,478 $3,041,478

79.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$75,742

$75,742

$75,742

79.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$34,054

$34,054

$34,054

79.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$163

$163

$163

79.4 Reduce funds for personnel for one filled position. State General Funds

($91,245)

($91,245)

($91,245)

79.5 Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds.

State General Funds

$8,105,630

$8,105,630

$8,105,630

79.100 -Payments to Georgia Regional Transportation Authority

Appropriation (HB 106)

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting

transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

TOTAL STATE FUNDS

$11,165,822 $11,165,822 $11,165,822

State General Funds

$11,165,822 $11,165,822 $11,165,822

TOTAL PUBLIC FUNDS

$11,165,822 $11,165,822 $11,165,822

Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$44,806,042 $44,806,042
$178,902 $178,902 $178,902 $44,984,944

$44,806,042 $44,806,042
$178,902 $178,902 $178,902 $44,984,944

$44,806,042 $44,806,042
$178,902 $178,902 $178,902 $44,984,944

80.1 Reduce funds for one-time funding for rural economic development. State General Funds

($44,806,042) ($44,806,042) ($44,806,042)

FRIDAY, MARCH 22, 2013

3211

80.2 Increase funds for rural economic development. (H:Utilize $5,000,000 per SB91 (2013 session) to implement the New and Beginning Farmer Loan Program in the Georgia Development Authority)(S:Increase funds for rural economic development)

State General Funds

$15,000,000 $15,000,000

$5,000,000

80.100 -Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS
State General Funds TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$15,000,000 $15,000,000
$178,902 $178,902 $178,902 $15,178,902

Appropriation (HB 106)

$15,000,000 $15,000,000
$178,902 $178,902 $178,902 $15,178,902

$5,000,000 $5,000,000
$178,902 $178,902 $178,902 $5,178,902

Section 17: Community Health, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

Section Total - Continuation

$2,711,373,577 $2,711,373,577 $2,711,373,577

$2,208,433,332 $2,208,433,332 $2,208,433,332

$110,193,257 $110,193,257 $110,193,257

$157,444,961 $157,444,961 $157,444,961

$235,302,027 $235,302,027 $235,302,027

$5,725,589,221 $5,725,589,221 $5,725,589,221

$31,363,844 $31,363,844 $31,363,844

$5,420,841,952 $5,420,841,952 $5,420,841,952

$273,383,425 $273,383,425 $273,383,425

$245,651,179 $245,651,179 $245,651,179

$17,475,617 $17,475,617 $17,475,617

$17,475,617 $17,475,617 $17,475,617

$214,057,828 $214,057,828 $214,057,828

$214,057,828 $214,057,828 $214,057,828

$242,519

$242,519

$242,519

$242,519

$242,519

$242,519

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$11,475,215 $11,475,215 $11,475,215

$11,475,215 $11,475,215 $11,475,215

$3,289,694,412 $3,289,694,412 $3,289,694,412

$3,289,694,412 $3,289,694,412 $3,289,694,412

$3,008,837,150 $3,008,837,150 $3,008,837,150

$280,857,262 $280,857,262 $280,857,262

$11,972,308,389 $11,972,308,389 $11,972,308,389

3212

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

Section Total - Final

$2,879,616,055 $2,885,824,623 $2,871,956,963

$2,359,991,956 $2,366,200,524 $2,352,332,864

$110,193,257 $110,193,257 $110,193,257

$167,756,401 $167,756,401 $167,756,401

$241,674,441 $241,674,441 $241,674,441

$6,096,480,000 $6,114,115,633 $6,104,201,119

$31,281,344 $31,281,344 $31,281,344

$5,815,566,907 $5,832,032,171 $5,793,852,000

$249,631,749 $250,802,118 $279,067,775

$245,981,179 $245,981,179 $245,981,179

$17,475,617 $17,475,617 $17,475,617

$17,475,617 $17,475,617 $17,475,617

$214,057,828 $214,057,828 $214,057,828

$214,057,828 $214,057,828 $214,057,828

$572,519

$572,519

$572,519

$572,519

$572,519

$572,519

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$2,400,000

$11,475,215 $11,475,215 $11,475,215

$11,475,215 $11,475,215 $11,475,215

$3,534,394,664 $3,617,946,085 $3,534,394,664

$3,534,394,664 $3,617,946,085 $3,534,394,664

$3,253,537,402 $3,337,088,823 $3,253,537,402

$280,857,262 $280,857,262 $280,857,262

$12,756,471,898 $12,863,867,520 $12,756,533,925

Departmental Administration and Program Support The purpose of this appropriation is to provide administrative support to all departmental programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties

$67,136,937 $67,136,937 $257,478,252
$1,922,629 $232,518,668 $23,036,955
$2,854,039 $242,519 $242,519
$2,611,520

$67,136,937 $67,136,937 $257,478,252
$1,922,629 $232,518,668 $23,036,955
$2,854,039 $242,519 $242,519
$2,611,520

$67,136,937 $67,136,937 $257,478,252
$1,922,629 $232,518,668 $23,036,955
$2,854,039 $242,519 $242,519
$2,611,520

FRIDAY, MARCH 22, 2013

3213

Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419

$2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419

$2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419

81.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$452,256

$452,256

$452,256

81.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($282,792)

($282,792)

($282,792)

81.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$4,004

$4,004

$4,004

81.4 Reduce funds for contracts.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,358,951) ($1,358,951) ($2,717,902)

($1,358,951) ($1,358,951) ($2,717,902)

($1,358,951) ($1,358,951) ($2,717,902)

81.5 Reduce funds for operations.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($243,398) ($243,398) ($486,796)

($243,398) ($243,398) ($486,796)

($243,398) ($243,398) ($486,796)

81.6 Replace funds to reflect the Children's Health Insurance Program (CHIPRA) performance bonus.

State General Funds Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds:

($330,000) $330,000
$0

($330,000) $330,000
$0

($330,000) $330,000
$0

81.7 Eliminate funds for the consulting contract to assess the managed care program.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($170,687)

$0

($170,687)

$0

($341,374)

$0

81.8 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. (H:YES)(S:YES)

State General Funds

$0

$0

3214

JOURNAL OF THE HOUSE

81.100 -Departmental Administration and Program Support

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$65,378,056

State General Funds

$65,378,056

TOTAL FEDERAL FUNDS

$255,875,903

Federal Funds Not Itemized

$1,922,629

Medical Assistance Program CFDA93.778

$230,916,319

State Children's Insurance Program CFDA93.767

$23,036,955

TOTAL AGENCY FUNDS

$3,184,039

Rebates, Refunds, and Reimbursements

$572,519

Rebates, Refunds, and Reimbursements Not Itemized

$572,519

Sanctions, Fines, and Penalties

$2,611,520

Sanctions, Fines, and Penalties Not Itemized

$2,611,520

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$21,102,191

State Funds Transfers

$21,102,191

Health Insurance Payments

$21,102,191

TOTAL PUBLIC FUNDS

$345,540,189

Appropriation (HB 106)

$65,207,369 $65,207,369 $255,705,216
$1,922,629 $230,745,632 $23,036,955
$3,184,039 $572,519 $572,519
$2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $345,198,815

$65,378,056 $65,378,056 $255,875,903
$1,922,629 $230,916,319 $23,036,955
$3,184,039 $572,519 $572,519
$2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $345,540,189

Health Care Access and Improvement

Continuation Budget

The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and

underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health

Information Technology and Transparency.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$7,317,234 $7,317,234 $21,548,346 $21,132,096
$416,250 $28,865,580

$7,317,234 $7,317,234 $21,548,346 $21,132,096
$416,250 $28,865,580

$7,317,234 $7,317,234 $21,548,346 $21,132,096
$416,250 $28,865,580

82.1 Reduce funds for operations for the State Office of Rural Health. State General Funds

($300,000)

82.2 Reduce funds added in HB742 (2012 Session) for the Southeastern Firefighters Burn Foundation.

State General Funds

($50,000)

82.3 Reduce funds for one-time funding for Federally Qualified Health Center (FQHC) startup grants.

State General Funds

($750,000)

($300,000) ($25,000)
($750,000)

($300,000) ($25,000)
($750,000)

FRIDAY, MARCH 22, 2013

3215

82.4 Increase funds to provide start-up funds through the Georgia Association for Primary Health Care for two Federally Qualified Health Centers in Dawson and Chatham counties.

State General Funds

$500,000

$500,000

82.100 -Health Care Access and Improvement

Appropriation (HB 106)

The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and

underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health

Information Technology and Transparency.

TOTAL STATE FUNDS

$6,217,234

$6,742,234

$6,742,234

State General Funds

$6,217,234

$6,742,234

$6,742,234

TOTAL FEDERAL FUNDS

$21,548,346 $21,548,346 $21,548,346

Federal Funds Not Itemized

$21,132,096 $21,132,096 $21,132,096

Medical Assistance Program CFDA93.778

$416,250

$416,250

$416,250

TOTAL PUBLIC FUNDS

$27,765,580 $28,290,580 $28,290,580

Healthcare Facility Regulation The purpose of this appropriation is to inspect and license long term care and health care facilities.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,124,146 $7,124,146 $8,461,900 $5,521,905 $2,939,995
$100,000 $100,000 $100,000 $15,686,046

$7,124,146 $7,124,146 $8,461,900 $5,521,905 $2,939,995
$100,000 $100,000 $100,000 $15,686,046

$7,124,146 $7,124,146 $8,461,900 $5,521,905 $2,939,995
$100,000 $100,000 $100,000 $15,686,046

83.1 Reduce funds for personnel and eliminate two vacant positions.
State General Funds Medical Assistance Program CFDA93.778 Federal Funds Not Itemized Total Public Funds:

($165,000) ($82,500) ($82,500)
($330,000)

($165,000) ($82,500) ($82,500)
($330,000)

($165,000) ($82,500) ($82,500)
($330,000)

83.100 -Healthcare Facility Regulation The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS
State General Funds TOTAL FEDERAL FUNDS

$6,959,146 $6,959,146 $8,296,900

Appropriation (HB 106)

$6,959,146 $6,959,146 $8,296,900

$6,959,146 $6,959,146 $8,296,900

3216

JOURNAL OF THE HOUSE

Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$5,439,405 $2,857,495
$100,000 $100,000 $100,000 $15,356,046

$5,439,405 $2,857,495
$100,000 $100,000 $100,000 $15,356,046

$5,439,405 $2,857,495
$100,000 $100,000 $100,000 $15,356,046

Indigent Care Trust Fund

Continuation Budget

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

$0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

$0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

84.100 -Indigent Care Trust Fund

Appropriation (HB 106)

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524
$2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

$257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524
$2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

$257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524
$2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188

FRIDAY, MARCH 22, 2013

3217

Medicaid: Aged, Blind, and Disabled

Continuation Budget

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also hereby appropriated to the

Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of

chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS State General Funds Nursing Home Provider Fees Hospital Provider Fee
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$1,395,947,556 $1,213,014,554
$157,444,961 $25,488,041 $2,760,665,590
$2,787,214 $2,757,878,376
$68,842,988 $6,500,000 $6,500,000
$62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766

$1,395,947,556 $1,213,014,554
$157,444,961 $25,488,041 $2,760,665,590
$2,787,214 $2,757,878,376
$68,842,988 $6,500,000 $6,500,000
$62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766

$1,395,947,556 $1,213,014,554
$157,444,961 $25,488,041 $2,760,665,590
$2,787,214 $2,757,878,376
$68,842,988 $6,500,000 $6,500,000
$62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766

85.1 Increase funds for projected growth.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$129,148,434 $248,893,085 $378,041,519

$108,983,707 $210,055,248 $319,038,955

$108,983,707 $210,055,248 $319,038,955

85.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 65.71% to 65.84%.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($6,220,152) $6,220,152
$0

($6,220,152) $6,220,152
$0

($6,220,152) $6,220,152
$0

85.3 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,715,298) ($3,305,699) ($5,020,997)

($1,715,298) ($3,305,699) ($5,020,997)

($1,715,298) ($3,305,699) ($5,020,997)

3218

JOURNAL OF THE HOUSE

85.4 Reduce funds to reflect savings through patient-centered outcome incentives for Case Care and Disease Management.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($2,630,279) ($5,069,038) ($7,699,317)

($4,130,279) ($7,960,701) ($12,090,980)

($4,100,000) ($7,902,342) ($12,002,342)

85.5 Reduce funds to reflect savings through better enforcement of level-of-care qualification analysis for placement into long-term care and home and community-based services.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($7,225,223) ($13,924,350) ($21,149,573)

($7,225,223) ($13,924,350) ($21,149,573)

($7,225,223) ($13,924,350) ($21,149,573)

85.6 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($22,398) ($43,165) ($65,563)

($22,398) ($43,165) ($65,563)

($22,398) ($43,165) ($65,563)

85.7 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($19,715,341)

$0

$0

($37,995,135)

$0

$0

($57,710,476)

$0

$0

85.8 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($393,857) ($759,035) ($1,152,892)

($393,857) ($759,035) ($1,152,892)

($393,857) ($759,035) ($1,152,892)

85.9 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($2,664,208) ($5,134,425) ($7,798,633)

($1,332,104) ($2,567,498) ($3,899,602)

($2,664,208) ($5,134,425) ($7,798,633)

85.10 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($7,722,563) ($14,882,817) ($22,605,380)

$0 ($3,861,282) $0 ($7,442,237) $0 ($11,303,519)

FRIDAY, MARCH 22, 2013

3219

85.11 Replace funds reduced in HB742 (2012 Session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$3,938,398 $7,590,026 $11,528,424

$3,938,398 $7,590,026 $11,528,424

$3,938,398 $7,590,026 $11,528,424

85.12 Increase funds to reflect projected FY2014 nursing home provider fee revenue.
Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds:

$19,872,065 $10,311,440 $30,183,505

$19,872,065 $10,311,440 $30,183,505

$19,872,065 $10,311,440 $30,183,505

85.13 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization.

Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds:

$1,330,258 $690,260
$2,020,518

$1,330,258 $690,260
$2,020,518

$1,330,258 $690,260
$2,020,518

85.14 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($2,584,362) ($4,981,101) ($7,565,463)

($2,584,362) ($4,981,101) ($7,565,463)

85.15 Reduce funds to reflect an unimplemented pharmacy reimbursement policy.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,200,000) ($2,312,881) ($3,512,881)

($1,200,000) ($2,312,881) ($3,512,881)

85.16 Increase funds for 28 additional Independent Care Waiver Program (ICWP) slots. (S:Increase funds for 14 additional Independent Care Waiver Program (ICWP) slots)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$462,525 $891,471 $1,353,996

$231,262 $445,734 $676,996

85.17 Increase funds to implement a wastage policy to reimburse for single-dose vials administered in the physician office.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$1,932,317

$0

$3,724,350

$0

$5,656,667

$0

3220

JOURNAL OF THE HOUSE

85.18 Increase funds to provide funding to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$146,074 $281,543 $427,617

$146,074 $281,543 $427,617

85.19 Report to the House and Senate Appropriations Committees on or by December 31, 2013, after reviewing the potential budget effect and administrative burden to families of the current Qualified Income Trust (QIT) policy compared to an Adult Medically Needy spend-down for nursing home clients. (H:YES)(S:YES)

State General Funds

$0

$0

85.20 Increase funds to create a SOURCE Quality Incentive Program based on client satisfaction measures.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$300,000

$0

$578,220

$0

$878,220

$0

85.21 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low-Income Medicaid and Medicaid: Aged, Blind, and Disabled programs. (H:YES)(S:YES)

State General Funds

$0

$0

85.22 Provide Consumer Choice in Georgia's Elderly and Disabled waiver by assuring eligible Medicaid beneficiaries can choose from the SOURCE care management companies and the Community Care Services Program that are available in each county. (H:YES)(S:YES)

State General Funds

$0

$0

85.23 Increase funds for a $20 per day rate increase for ventilator dependent patients served in skilled nursing facilities.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$90,000 $173,466 $263,466

85.24 It is the intent of the General Assembly that the Department shall revise policies to improve access to RSV vaccinations for medically fragile infants effective July 1, 2013. (S:YES)

State General Funds

$0

85.25 Reduce funds to recognize savings due to the increased utilization of the Public Assistance Reporting Information System (PARIS) by moving eligible members from Medicaid to the Veterans Administration (VA).

State General Funds

($2,844,778)

85.26 Reduce funds for funding for unimplemented nursing home policies for medically frail inmates (HB78). State General Funds

($1,030,300)

FRIDAY, MARCH 22, 2013

3221

85.27 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled to reflect updated Medicaid projections.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$74,255,644 $143,120,363 $217,376,007

85.98 Transfer all funds and activities from the Medicaid: Aged, Blind, and Disabled program to create a new "Medicaid Benefits" program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

85.100 -Medicaid: Aged, Blind, and Disabled

Appropriation (HB 106)

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also hereby appropriated to the

Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of

chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

TOTAL STATE FUNDS

$1,491,726,769 $1,497,888,604 $1,560,732,483

State General Funds

$1,297,792,067 $1,303,953,902 $1,366,797,781

Nursing Home Provider Fees

$167,756,401 $167,756,401 $167,756,401

Hospital Provider Fee

$26,178,301 $26,178,301 $26,178,301

TOTAL FEDERAL FUNDS

$2,963,457,512 $2,975,354,493 $3,103,949,210

Federal Funds Not Itemized

$2,787,214

$2,787,214

$2,787,214

Medical Assistance Program CFDA93.778

$2,960,670,298 $2,972,567,279 $3,101,161,996

TOTAL AGENCY FUNDS

$68,842,988 $68,842,988 $68,842,988

Reserved Fund Balances

$6,500,000

$6,500,000

$6,500,000

Reserved Fund Balances Not Itemized

$6,500,000

$6,500,000

$6,500,000

Intergovernmental Transfers

$62,342,988 $62,342,988 $62,342,988

Hospital Authorities

$62,342,988 $62,342,988 $62,342,988

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$267,288,632 $267,288,632 $267,288,632

State Funds Transfers

$267,288,632 $267,288,632 $267,288,632

Optional Medicaid Services Payments

$267,288,632 $267,288,632 $267,288,632

TOTAL PUBLIC FUNDS

$4,791,315,901 $4,809,374,717 $5,000,813,313

Medicaid: Low-Income Medicaid The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

Continuation Budget

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Hospital Provider Fee
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS

$1,107,417,540 $789,037,546 $110,193,257 $208,186,737
$2,170,012,694 $2,170,012,694
$23,303,933

$1,107,417,540 $789,037,546 $110,193,257 $208,186,737
$2,170,012,694 $2,170,012,694
$23,303,933

$1,107,417,540 $789,037,546 $110,193,257 $208,186,737
$2,170,012,694 $2,170,012,694
$23,303,933

3222

JOURNAL OF THE HOUSE

Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014

$10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014

$10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014

86.1 Increase funds for projected growth.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$88,062,323 $169,712,499 $257,774,822

$74,312,629 $143,230,195 $217,542,824

$74,312,629 $143,230,195 $217,542,824

86.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 65.71% to 65.84%.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($4,087,071) $4,087,071
$0

($4,087,071) $4,087,071
$0

($4,087,071) $4,087,071
$0

86.3 Transfer funds from the PeachCare program to the Medicaid: Low-Income Medicaid program to reflect the eligibility of 6-18 year olds with family income of 100-133% of the federal poverty level (FPL) for Medicaid under the Affordable Care Act.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$13,356,832 $42,494,441 $55,851,273

$13,356,832 $42,494,441 $55,851,273

$13,356,832 $42,494,441 $55,851,273

86.4 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,169,609) ($2,254,054) ($3,423,663)

($1,169,609) ($2,254,054) ($3,423,663)

($1,169,609) ($2,254,054) ($3,423,663)

86.5 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($15,272) ($29,433) ($44,705)

($15,272) ($29,433) ($44,705)

($15,272) ($29,433) ($44,705)

86.6 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($13,443,282)

$0

$0

($25,907,707)

$0

$0

($39,350,989)

$0

$0

FRIDAY, MARCH 22, 2013

3223

86.7 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($268,559) ($517,563) ($786,122)

($268,559) ($517,563) ($786,122)

($268,559) ($517,563) ($786,122)

86.8 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,816,641) ($3,501,006) ($5,317,647)

($908,321) ($1,750,697) ($2,659,018)

($1,816,641) ($3,501,006) ($5,317,647)

86.9 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($5,265,777) ($10,148,133) ($15,413,910)

$0 ($2,632,889) $0 ($5,074,631) $0 ($7,707,520)

86.10 Increase funds to reflect unrealized FY2012 reserves.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$10,975,617 $21,152,058 $32,127,675

$10,975,617 $21,152,058 $32,127,675

$10,975,617 $21,152,058 $32,127,675

86.11 Reduce funds to reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week. (H and S:Recognize savings from physicians and hospitals by eliminating elective births prior to the 39th gestational week)

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($5,120,000) ($9,867,194) ($14,987,194)

($5,120,000) ($9,867,194) ($14,987,194)

($5,120,000) ($9,867,194) ($14,987,194)

86.12 Reduce funds to reflect savings from the revision of supplemental drug rebates to include Care Management Organization (CMO) claims.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,281,000) ($2,468,726) ($3,749,726)

($1,281,000) ($2,468,726) ($3,749,726)

($1,281,000) ($2,468,726) ($3,749,726)

86.13 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization.

Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds:

$10,865,629 $5,638,080
$16,503,709

$10,865,629 $5,638,080
$16,503,709

$10,865,629 $5,638,080
$16,503,709

3224

JOURNAL OF THE HOUSE

86.14 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($1,762,196) ($3,396,457) ($5,158,653)

($1,762,196) ($3,396,457) ($5,158,653)

86.15 Reduce funds to reflect savings from reduced readmissions and cost avoidance due to the elective delivery policy change.

State General Funds

($4,000,000)

($3,900,000)

86.16 Reduce funds to reflect the reconciliation of the overage paid through the Hospital Provider Payment Agreement.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($2,016,031) ($3,885,699) ($5,901,730)

($2,016,031) ($3,885,699) ($5,901,730)

86.17 Increase funds to provide funding to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$99,603 $191,976 $291,579

$99,603 $191,976 $291,579

86.18 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low-Income Medicaid and Medicaid: Aged, Blind, and Disabled programs. (H:YES)(S:YES)

State General Funds

$0

$0

86.19 Request an extension of the Planning for Healthy Babies waiver. (H:YES)(S:Request an extension of the Planning for Healthy Babies waiver for the population currently covered by the program)

State General Funds

$0

$0

86.20 Increase funds to provide medically necessary emergency transportation of medically indigent citizens 21 years of age and older by rotary wing air ambulance.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$380,000 $732,412 $1,112,412

86.21 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled and PeachCare to reflect updated Medicaid projections.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($83,455,955) ($160,853,047) ($244,309,002)

86.98 Transfer all funds and activities from the Medicaid: Low-Income Medicaid program to create a new "Medicaid Benefits" program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

FRIDAY, MARCH 22, 2013

3225

86.100 -Medicaid: Low-Income Medicaid

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$1,192,983,181

State General Funds

$868,965,107

Tobacco Settlement Funds

$110,193,257

Hospital Provider Fee

$213,824,817

TOTAL FEDERAL FUNDS

$2,363,630,576

Medical Assistance Program CFDA93.778

$2,363,630,576

TOTAL AGENCY FUNDS

$23,303,933

Reserved Fund Balances

$10,975,617

Reserved Fund Balances Not Itemized

$10,975,617

Intergovernmental Transfers

$12,328,316

Hospital Authorities

$12,328,316

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$13,416,847

State Funds Transfers

$13,416,847

Optional Medicaid Services Payments

$13,416,847

TOTAL PUBLIC FUNDS

$3,593,334,537

Appropriation (HB 106)

$1,191,172,242 $867,154,168 $110,193,257 $213,824,817
$2,367,864,241 $2,367,864,241
$23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,595,757,263

$1,104,655,078 $780,637,004 $110,193,257 $213,824,817
$2,200,918,666 $2,200,918,666
$23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,342,294,524

PeachCare The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

Continuation Budget

TOTAL STATE FUNDS State General Funds Hospital Provider Fee
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$79,578,343 $77,951,094
$1,627,249 $250,346,470 $250,346,470
$151,783 $151,783 $151,783 $330,076,596

$79,578,343 $77,951,094
$1,627,249 $250,346,470 $250,346,470
$151,783 $151,783 $151,783 $330,076,596

$79,578,343 $77,951,094
$1,627,249 $250,346,470 $250,346,470
$151,783 $151,783 $151,783 $330,076,596

87.1 Increase funds for projected growth.
State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

$7,667,976 $24,395,479 $32,063,455

$6,470,725 $20,592,116 $27,062,841

$6,470,725 $20,592,116 $27,062,841

87.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 76.00% to 76.09%.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($295,838) $295,838
$0

($295,838) $295,838
$0

($295,838) $295,838
$0

3226

JOURNAL OF THE HOUSE

87.3 Transfer funds from the PeachCare program to the Medicaid: Low-Income Medicaid program to reflect the eligibility of 6-18 year olds with family income of 100-133% of the federal poverty level (FPL) for Medicaid under the Affordable Care Act.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($13,356,832) ($42,494,441) ($55,851,273)

($13,356,832) ($42,494,441) ($55,851,273)

($13,356,832) ($42,494,441) ($55,851,273)

87.4 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($101,843) ($324,011) ($425,854)

($101,843) ($324,011) ($425,854)

($101,843) ($324,011) ($425,854)

87.5 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($1,330) ($4,231) ($5,561)

($1,330) ($4,231) ($5,561)

($1,330) ($4,231) ($5,561)

87.6 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals)

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($1,170,566)

$0

$0

($3,724,127)

$0

$0

($4,894,693)

$0

$0

87.7 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($23,384) ($74,398) ($97,782)

($23,384) ($74,398) ($97,782)

($23,384) ($74,398) ($97,782)

87.8 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate)

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($158,183) ($503,255) ($661,438)

($79,092) ($251,697) ($330,789)

($158,183) ($503,255) ($661,438)

87.9 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice)

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($458,514) ($1,458,753) ($1,917,267)

$0

($229,257)

$0

($729,576)

$0

($958,833)

FRIDAY, MARCH 22, 2013

3227

87.10 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization.

State Children's Insurance Program CFDA93.767 Hospital Provider Fee Total Public Funds:

$140,223 $44,074 $184,297

$140,223 $44,074 $184,297

$140,223 $44,074 $184,297

87.11 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012.
State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

($153,442) ($488,306) ($641,748)

($153,442) ($488,306) ($641,748)

87.12 Increase funds to provide funds to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate.

State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

$8,673 $27,600 $36,273

$8,673 $27,600 $36,273

87.13 Transfer funds from Medicaid: Low-Income Medicaid to PeachCare to reflect updated Medicaid projections.
State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds:

$9,190,311 $29,246,791 $38,437,102

87.100 -PeachCare

The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

TOTAL STATE FUNDS

$71,723,903

State General Funds

$70,052,580

Hospital Provider Fee

$1,671,323

TOTAL FEDERAL FUNDS

$226,594,794

State Children's Insurance Program CFDA93.767

$226,594,794

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$151,783

State Funds Transfers

$151,783

Optional Medicaid Services Payments

$151,783

TOTAL PUBLIC FUNDS

$298,470,480

Appropriation (HB 106)

$72,090,054 $70,418,731
$1,671,323 $227,765,163 $227,765,163
$151,783 $151,783 $151,783 $300,007,000

$80,972,017 $79,300,694
$1,671,323 $256,030,820 $256,030,820
$151,783 $151,783 $151,783 $337,154,620

State Health Benefit Plan

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$0

$0

$0

$0

$0

$0

$2,987,734,959 $2,987,734,959 $2,987,734,959

3228

JOURNAL OF THE HOUSE

State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959

88.1 Increase funds to reflect updated revenue and expense projections. Health Insurance Payments

$64,856,535 $64,856,535 $64,856,535

88.2 Reduce funds to reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and HRA funding.

Health Insurance Payments

($160,796,000) ($160,796,000) ($160,796,000)

88.3 Increase funds to reflect an increase in employee contribution rates for spousal coverage.

Health Insurance Payments

$118,977,414 $118,977,414 $118,977,414

88.4 Increase funds for the implementation of the childhood obesity initiative in cooperation with Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office.

Health Insurance Payments

$8,000,000

$8,000,000

$8,000,000

88.5 Increase funds to reflect revenue from increasing per member per month billings for non-certificated school service personnel from $446.20 to $596.20, effective July 2013.

Health Insurance Payments

$107,693,937 $107,693,937 $107,693,937

88.6 Increase funds to reflect an increase in employee premiums of 7.5% for employee-only and employee + child(ren) tiers.

Health Insurance Payments

$11,966,438 $11,966,438

$11,966,438

88.7 Increase funds to reflect an increase in employee premiums of 2% due to increased costs from the requirements of the Patient Protection and Affordable Care Act (PPACA).

Health Insurance Payments

$14,834,463 $14,834,463 $14,834,463

88.8 Increase funds to reflect revenue from the implementation of an add-on fee of $7 per employee per month for select plans.

Health Insurance Payments

$17,988,000 $17,988,000

$17,988,000

88.9 Increase funds for continued implementation of the EnGAgement wellness plan. Health Insurance Payments

$12,838,000 $12,838,000 $12,838,000

88.10 Reduce funds to reflect savings from elimination of prior authorization for Attention Deficit-Hyperactivity Disorder (ADHD) drugs.

Health Insurance Payments

($232,200)

($232,200)

($232,200)

88.11 Reduce funds to reflect savings from implementing a pharmacy step therapy program. Health Insurance Payments

($1,711,000) ($1,711,000) ($1,711,000)

88.12 Reduce funds to reflect savings from revising the prescription drug list. Health Insurance Payments

($7,398,000) ($7,398,000) ($7,398,000)

FRIDAY, MARCH 22, 2013

3229

88.13 Reduce funds to reflect savings from renegotiated rates with the hospital network. Health Insurance Payments

($6,418,000) ($6,418,000) ($6,418,000)

88.14

Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $945.00, effective July 2013. (H:Reflect the full health insurance earnings in QBE for SHBP by increasing the per member per month billings for certificated school service personnel from $912.34 to $1,016.39 to mitigate a mid-year employer rate increase for health benefits)(S:Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $945.00, effective July 2013)

Health Insurance Payments

$37,877,566 $121,428,987 $37,877,566

88.15 Increase funds to reflect an increase in the employer share of the State Health Benefit Plan from 29.781% to 30.781%, effective July 2013.

Health Insurance Payments

$26,223,099 $26,223,099 $26,223,099

88.100 -State Health Benefit Plan

Appropriation (HB 106)

The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in

quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211

$3,315,986,632 $3,315,986,632 $3,315,986,632 $3,315,986,632

$3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211

Georgia Composite Medical Board

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,046,154 $2,046,154
$100,000 $100,000 $100,000 $2,146,154

$2,046,154 $2,046,154
$100,000 $100,000 $100,000 $2,146,154

$2,046,154 $2,046,154
$100,000 $100,000 $100,000 $2,146,154

89.1 Reduce funds for personnel. State General Funds
89.2 Reduce funds for telecommunications. State General Funds

($34,654) ($1,332)

($34,654) ($1,332)

($34,654) ($1,332)

3230

JOURNAL OF THE HOUSE

89.3 Reduce funds for contracts. State General Funds
89.4 Increase funds to implement the Georgia Cosmetic Laser Services Act. State General Funds

($17,000)

($17,000)

($17,000) $10,000

89.100 -Georgia Composite Medical Board

Appropriation (HB 106)

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 STATE FUNDS

$1,993,168

$1,993,168

$2,003,168

State General Funds

$1,993,168

$1,993,168

$2,003,168

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$2,093,168

$2,093,168

$2,103,168

Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$685,128 $685,128 $685,128

$685,128 $685,128 $685,128

$685,128 $685,128 $685,128

90.1 Reduce funds for personnel. State General Funds
90.2 Reduce funds for operations. State General Funds

($2,500) ($4,351)

($2,500) ($4,351)

($2,500) ($4,351)

90.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$678,277 $678,277 $678,277

Appropriation (HB 106)

$678,277 $678,277 $678,277

$678,277 $678,277 $678,277

Physician Workforce, Georgia Board for: Graduate Medical Education

Continuation Budget

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical

education programs.

FRIDAY, MARCH 22, 2013

3231

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,917,518 $8,917,518 $8,917,518

$8,917,518 $8,917,518 $8,917,518

$8,917,518 $8,917,518 $8,917,518

91.1 Reduce funds for Graduate Medical Education residency slots. State General Funds

($275,551)

$0

$0

91.2 Eliminate funds for residency development programs provided for Gwinnett Medical Center and the Southwest Georgia Consortium. (H:Reflect residency development funds in Regents Health Professions Initiative)(S:Restore funds for residency development programs provided for Gwinnett Medical Center ($132,108) and the Southwest Georgia Consortium ($694,791))

State General Funds

($826,899)

($826,899)

$0

91.3 Increase funds for six new family medicine residents at Houston Medical Center. State General Funds

$123,924

$0

91.4 Increase funds for osteopathic program development to establish two new Doctor of Osteopathic Medicine residency programs at WellStar Health System and East Georgia Medical Center.

State General Funds

$50,000

$50,000

91.100 -Physician Workforce, Georgia Board for: Graduate Medical Education

Appropriation (HB 106)

The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical

education programs.

TOTAL STATE FUNDS

$7,815,068

$8,264,543

$8,967,518

State General Funds

$7,815,068

$8,264,543

$8,967,518

TOTAL PUBLIC FUNDS

$7,815,068

$8,264,543

$8,967,518

Physician Workforce, Georgia Board for: Mercer School of Medicine Grant

Continuation Budget

The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate supply of primary and other

needed physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$20,969,911 $20,969,911 $20,969,911

$20,969,911 $20,969,911 $20,969,911

$20,969,911 $20,969,911 $20,969,911

92.1 Reduce funds for the Mercer School of Medicine operating grant. State General Funds

($647,733)

$0

$0

3232

JOURNAL OF THE HOUSE

92.100 -Physician Workforce, Georgia Board for: Mercer School of Medicine Grant

Appropriation (HB 106)

The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate supply of primary and other

needed physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS

$20,322,178 $20,969,911 $20,969,911

State General Funds

$20,322,178 $20,969,911 $20,969,911

TOTAL PUBLIC FUNDS

$20,322,178 $20,969,911 $20,969,911

Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant

Continuation Budget

The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed

physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,671,474 $10,671,474 $10,671,474

$10,671,474 $10,671,474 $10,671,474

$10,671,474 $10,671,474 $10,671,474

93.1 Reduce funds for the Morehouse School of Medicine operating grant. State General Funds

($329,627)

$0

$0

93.2 Transfer the Morehouse Undergraduate Medical Education funds to the Morehouse School of Medicine Operating Grant to maximize matching federal funds.

State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

$262,169 $505,305 $767,474

$262,169 $505,305 $767,474

93.100 -Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant

Appropriation (HB 106)

The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed

physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS

$10,341,847 $10,933,643 $10,933,643

State General Funds

$10,341,847 $10,933,643 $10,933,643

TOTAL FEDERAL FUNDS

$505,305

$505,305

Medical Assistance Program CFDA93.778

$505,305

$505,305

TOTAL PUBLIC FUNDS

$10,341,847 $11,438,948 $11,438,948

Physician Workforce, Georgia Board for: Physicians for Rural Areas

Continuation Budget

The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to provide a program of aid to promising medical

students.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$830,000 $830,000 $830,000

$830,000 $830,000 $830,000

$830,000 $830,000 $830,000

FRIDAY, MARCH 22, 2013

3233

94.1 Increase funds to establish the Medical Recruitment Fair using a public/private partnership with the Georgia Alliance of Community Hospitals and the Georgia Rural Health Association.

State General Funds

$40,000

$40,000

94.2 Increase funds for two additional loan repayments to the Physicians for Rural Areas Assistance program. State General Funds

$40,000

94.100 -Physician Workforce, Georgia Board for: Physicians for Rural Areas

Appropriation (HB 106)

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 STATE FUNDS

$830,000

$870,000

$910,000

State General Funds

$830,000

$870,000

$910,000

TOTAL PUBLIC FUNDS

$830,000

$870,000

$910,000

Physician Workforce, Georgia Board for: Undergraduate Medical Education

Continuation Budget

The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership

with medical schools in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,731,636 $2,731,636 $2,731,636

$2,731,636 $2,731,636 $2,731,636

$2,731,636 $2,731,636 $2,731,636

95.1 Reduce funds for medical education at private institutions. State General Funds

($84,408)

($84,408)

($84,408)

95.2 Transfer the Morehouse Undergraduate Medical Education funds to the Morehouse School of Medicine Operating Grant to maximize federal matching funds.

State General Funds

($591,796)

($591,796)

95.100 -Physician Workforce, Georgia Board for: Undergraduate Medical Education

Appropriation (HB 106)

The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership

with medical schools in Georgia.

TOTAL STATE FUNDS

$2,647,228

$2,055,432

$2,055,432

State General Funds

$2,647,228

$2,055,432

$2,055,432

TOTAL PUBLIC FUNDS

$2,647,228

$2,055,432

$2,055,432

Fees assessed for the Hospital Provider Payment Program shall not exceed 1.45% of net patient revenue. In addition, any other fees assessed pursuant to the Hospital Medicaid Financing Program Act shall not exceed that percentage of net patient revenues necessary to obtain federal financing

3234

JOURNAL OF THE HOUSE

participation for additional medical assistance payments to participating hospitals allowable under 42 C.F.R. Section 447.272 and 42 C.F.R. Section 447.321.

Section 18: Corrections, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,121,908,791 $1,121,908,791

$1,121,908,791 $1,121,908,791

$922,276

$922,276

$922,276

$922,276

$18,081,649 $18,081,649

$655,104

$655,104

$655,104

$655,104

$17,426,545 $17,426,545

$17,426,545 $17,426,545

$1,140,912,716 $1,140,912,716

$1,121,908,791 $1,121,908,791
$922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,140,912,716

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $1,134,081,799 $1,134,081,799 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,153,085,724

$1,132,581,799 $1,132,581,799
$922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,151,585,724

$1,132,495,600 $1,132,495,600
$922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,151,499,525

Bainbridge Probation Substance Abuse Treatment Center

Continuation Budget

The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more

security and supervision than provided by regular community supervision.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,148,682 $6,148,682
$7,046 $7,046 $7,046 $6,155,728

$6,148,682 $6,148,682
$7,046 $7,046 $7,046 $6,155,728

$6,148,682 $6,148,682
$7,046 $7,046 $7,046 $6,155,728

FRIDAY, MARCH 22, 2013

3235

96.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$79,125

96.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$419

$79,125 $419

$79,125 $419

96.100 -Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB 106)

The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more

security and supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$6,228,226

$6,228,226

$6,228,226

State General Funds

$6,228,226

$6,228,226

$6,228,226

TOTAL AGENCY FUNDS

$7,046

$7,046

$7,046

Sales and Services

$7,046

$7,046

$7,046

Sales and Services Not Itemized

$7,046

$7,046

$7,046

TOTAL PUBLIC FUNDS

$6,235,272

$6,235,272

$6,235,272

County Jail Subsidy

Continuation Budget

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724

$9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724

$9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724

97.100 -County Jail Subsidy

Appropriation (HB 106)

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

TOTAL STATE FUNDS

$9,596,724

$9,596,724

$9,596,724

State General Funds

$9,596,724

$9,596,724

$9,596,724

TOTAL AGENCY FUNDS

$4,500,000

$4,500,000

$4,500,000

Sales and Services

$4,500,000

$4,500,000

$4,500,000

Sales and Services Not Itemized

$4,500,000

$4,500,000

$4,500,000

TOTAL PUBLIC FUNDS

$14,096,724 $14,096,724 $14,096,724

Departmental Administration

Continuation Budget

The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced

correctional system.

3236

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$36,067,108 $36,067,108
$70,555 $70,555 $36,137,663

$36,067,108 $36,067,108
$70,555 $70,555 $36,137,663

$36,067,108 $36,067,108
$70,555 $70,555 $36,137,663

98.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$474,747

98.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($301,042)

98.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$1,531

98.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$474,747 ($301,042)
$1,531

$474,747 ($301,042)
$1,531 ($86,199)

98.100 -Departmental Administration

Appropriation (HB 106)

The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced

correctional system.

TOTAL STATE FUNDS

$36,242,344 $36,242,344 $36,156,145

State General Funds

$36,242,344 $36,242,344 $36,156,145

TOTAL FEDERAL FUNDS

$70,555

$70,555

$70,555

Federal Funds Not Itemized

$70,555

$70,555

$70,555

TOTAL PUBLIC FUNDS

$36,312,899 $36,312,899 $36,226,700

Detention Centers

Continuation Budget

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

probationers who require more security or supervision than provided by regular community supervision.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$28,399,203 $28,399,203
$450,000 $450,000 $450,000 $28,849,203

$28,399,203 $28,399,203
$450,000 $450,000 $450,000 $28,849,203

$28,399,203 $28,399,203
$450,000 $450,000 $450,000 $28,849,203

99.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$553,872

$553,872

$553,872

FRIDAY, MARCH 22, 2013

3237

99.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
99.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

($32,255) $2,017

($32,255) $2,017

($32,255) $2,017

99.100 -Detention Centers

Appropriation (HB 106)

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

probationers who require more security or supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$28,922,837 $28,922,837 $28,922,837

State General Funds

$28,922,837 $28,922,837 $28,922,837

TOTAL AGENCY FUNDS

$450,000

$450,000

$450,000

Sales and Services

$450,000

$450,000

$450,000

Sales and Services Not Itemized

$450,000

$450,000

$450,000

TOTAL PUBLIC FUNDS

$29,372,837 $29,372,837 $29,372,837

Food and Farm Operations

Continuation Budget

The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$27,519,049 $27,519,049
$751,721 $751,721 $28,270,770

$27,519,049 $27,519,049
$751,721 $751,721 $28,270,770

$27,519,049 $27,519,049
$751,721 $751,721 $28,270,770

100.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$26,375

100.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$128

$26,375 $128

$26,375 $128

100.100 -Food and Farm Operations

Appropriation (HB 106)

The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$27,545,552 $27,545,552 $27,545,552

State General Funds

$27,545,552 $27,545,552 $27,545,552

TOTAL FEDERAL FUNDS

$751,721

$751,721

$751,721

Federal Funds Not Itemized

$751,721

$751,721

$751,721

TOTAL PUBLIC FUNDS

$28,297,273 $28,297,273 $28,297,273

3238

JOURNAL OF THE HOUSE

Health

Continuation Budget

The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional

system.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$201,493,766 $201,493,766
$390,000 $390,000 $390,000 $201,883,766

$201,493,766 $201,493,766
$390,000 $390,000 $390,000 $201,883,766

$201,493,766 $201,493,766
$390,000 $390,000 $390,000 $201,883,766

101.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$210,999

101.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$1,118

101.3 Reduce funds to recognize program efficiencies. State General Funds

$210,999

$210,999

$1,118

$1,118

($1,500,000) ($1,500,000)

101.100 -Health

Appropriation (HB 106)

The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional

system.

TOTAL STATE FUNDS

$201,705,883 $200,205,883 $200,205,883

State General Funds

$201,705,883 $200,205,883 $200,205,883

TOTAL AGENCY FUNDS

$390,000

$390,000

$390,000

Sales and Services

$390,000

$390,000

$390,000

Sales and Services Not Itemized

$390,000

$390,000

$390,000

TOTAL PUBLIC FUNDS

$202,095,883 $200,595,883 $200,595,883

Offender Management

Continuation Budget

The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County

Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release

and agreements unit, and tactical squads.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services

$42,320,127 $42,320,127
$30,000 $30,000

$42,320,127 $42,320,127
$30,000 $30,000

$42,320,127 $42,320,127
$30,000 $30,000

FRIDAY, MARCH 22, 2013

3239

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$30,000 $42,350,127

$30,000 $42,350,127

$30,000 $42,350,127

102.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$79,125

102.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($10,742)

102.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$310

$79,125 ($10,742)
$310

$79,125 ($10,742)
$310

102.100 -Offender Management

Appropriation (HB 106)

The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County

Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release

and agreements unit, and tactical squads.

TOTAL STATE FUNDS

$42,388,820 $42,388,820 $42,388,820

State General Funds

$42,388,820 $42,388,820 $42,388,820

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$42,418,820 $42,418,820 $42,418,820

Parole Revocation Centers

Continuation Budget

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

parole violators in a secure and supervised setting.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,796,705 $4,796,705
$405,000 $405,000 $405,000 $5,201,705

$4,796,705 $4,796,705
$405,000 $405,000 $405,000 $5,201,705

$4,796,705 $4,796,705
$405,000 $405,000 $405,000 $5,201,705

103.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$105,499

103.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$437

$105,499 $437

$105,499 $437

3240

JOURNAL OF THE HOUSE

103.3 Transfer funds from the Parole Revocation Centers program to the State Prisons program to properly align budget and expenditures.

State General Funds Sales and Services Not Itemized Total Public Funds:

($4,902,641) ($405,000)
($5,307,641)

($4,902,641) ($405,000)
($5,307,641)

($4,902,641) ($405,000)
($5,307,641)

Private Prisons

Continuation Budget

The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$134,908,024 $134,908,024 $134,908,024

$134,908,024 $134,908,024 $134,908,024

$134,908,024 $134,908,024 $134,908,024

104.100 -Private Prisons

Appropriation (HB 106)

The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety.

TOTAL STATE FUNDS

$134,908,024 $134,908,024 $134,908,024

State General Funds

$134,908,024 $134,908,024 $134,908,024

TOTAL PUBLIC FUNDS

$134,908,024 $134,908,024 $134,908,024

Probation Supervision

Continuation Budget

The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and

field supervision, as well as support the Georgia Commission on Family Violence.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$97,678,890 $97,678,890
$10,000 $10,000 $10,000 $97,688,890

$97,678,890 $97,678,890
$10,000 $10,000 $10,000 $97,688,890

$97,678,890 $97,678,890
$10,000 $10,000 $10,000 $97,688,890

105.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,925,363

105.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($247,285)

105.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$7,325

$1,925,363 ($247,285)
$7,325

$1,925,363 ($247,285)
$7,325

FRIDAY, MARCH 22, 2013

3241

105.100 -Probation Supervision

Appropriation (HB 106)

The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and

field supervision, as well as support the Georgia Commission on Family Violence.

TOTAL STATE FUNDS

$99,364,293 $99,364,293 $99,364,293

State General Funds

$99,364,293 $99,364,293 $99,364,293

TOTAL AGENCY FUNDS

$10,000

$10,000

$10,000

Sales and Services

$10,000

$10,000

$10,000

Sales and Services Not Itemized

$10,000

$10,000

$10,000

TOTAL PUBLIC FUNDS

$99,374,293 $99,374,293 $99,374,293

State Prisons

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$505,172,788 $505,172,788
$100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391

$505,172,788 $505,172,788
$100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391

$505,172,788 $505,172,788
$100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391

106.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$9,231,193

$9,231,193

$9,231,193

106.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($462,323)

($462,323)

($462,323)

106.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$44,953

$44,953

$44,953

106.4 Transfer funds from the Parole Revocation Centers program to the State Prisons program to properly align budget and expenditures.

State General Funds Sales and Services Not Itemized Total Public Funds:

$4,902,641 $405,000
$5,307,641

$4,902,641 $405,000
$5,307,641

$4,902,641 $405,000
$5,307,641

3242

JOURNAL OF THE HOUSE

106.100 -State Prisons

Appropriation (HB 106)

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 STATE FUNDS

$518,889,252 $518,889,252 $518,889,252

State General Funds

$518,889,252 $518,889,252 $518,889,252

TOTAL FEDERAL FUNDS

$100,000

$100,000

$100,000

Federal Funds Not Itemized

$100,000

$100,000

$100,000

TOTAL AGENCY FUNDS

$12,694,603 $12,694,603 $12,694,603

Royalties and Rents

$655,104

$655,104

$655,104

Royalties and Rents Not Itemized

$655,104

$655,104

$655,104

Sales and Services

$12,039,499 $12,039,499 $12,039,499

Sales and Services Not Itemized

$12,039,499 $12,039,499 $12,039,499

TOTAL PUBLIC FUNDS

$531,683,855 $531,683,855 $531,683,855

Transitional Centers

Continuation Budget

The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving

housing, academic education, counseling, and substance abuse treatment in a structured center.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$27,807,725 $27,807,725 $27,807,725

$27,807,725 $27,807,725 $27,807,725

$27,807,725 $27,807,725 $27,807,725

107.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$501,121

107.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($21,503)

107.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$2,501

$501,121 ($21,503)
$2,501

$501,121 ($21,503)
$2,501

107.100 -Transitional Centers

Appropriation (HB 106)

The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving

housing, academic education, counseling, and substance abuse treatment in a structured center.

TOTAL STATE FUNDS

$28,289,844 $28,289,844 $28,289,844

State General Funds

$28,289,844 $28,289,844 $28,289,844

TOTAL PUBLIC FUNDS

$28,289,844 $28,289,844 $28,289,844

FRIDAY, MARCH 22, 2013

3243

Section 19: Defense, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $9,101,329 $9,101,329
$74,506,287 $74,506,287
$7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $91,249,202

$9,101,329 $9,101,329 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $91,249,202

$9,101,329 $9,101,329 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $91,249,202

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $9,192,612 $9,192,612
$74,506,287 $74,506,287
$7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $91,340,485

$9,183,398 $9,183,398 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $91,331,271

$9,166,038 $9,166,038 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $91,313,911

Departmental Administration The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,144,335 $1,144,335
$672,334 $672,334 $1,816,669

$1,144,335 $1,144,335
$672,334 $672,334 $1,816,669

$1,144,335 $1,144,335
$672,334 $672,334 $1,816,669

108.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$23,380

$23,380

$23,380

3244

JOURNAL OF THE HOUSE

108.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,706

108.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$201

108.4 Reduce funds for telecommunications. State General Funds

($55,453)

108.5 Reduce funds for personnel by converting one full-time administrative position to a part-time position.

State General Funds

($20,629)

108.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$1,706 $201
($55,453) ($20,629)

$1,706 $201
($55,453) ($20,629) ($17,360)

108.100-Departmental Administration

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$1,093,540

State General Funds

$1,093,540

TOTAL FEDERAL FUNDS

$672,334

Federal Funds Not Itemized

$672,334

TOTAL PUBLIC FUNDS

$1,765,874

Appropriation (HB 106)

$1,093,540 $1,093,540
$672,334 $672,334 $1,765,874

$1,076,180 $1,076,180
$672,334 $672,334 $1,748,514

Military Readiness

Continuation Budget

The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be

activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $76,218,011

$4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $76,218,011

$4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906
$171,171 $171,171 $1,304,509 $1,304,509 $76,218,011

FRIDAY, MARCH 22, 2013

3245

109.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$55,852

109.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$873

109.3 Reduce funds for personnel and hold one position vacant. State General Funds

($217,587)

109.4 Increase funds for minor repair and maintenance for facilities statewide not eligible for bond funding.

State General Funds

$250,000

109.5 Reduce funds to reflect an adjustment in the Military Interstate Compact billing. State General Funds

$55,852 $873
($217,587) $250,000
($9,214)

$55,852 $873
($217,587) $250,000
($9,214)

109.100 -Military Readiness

Appropriation (HB 106)

The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be

activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster.

TOTAL STATE FUNDS

$4,799,610

$4,790,396

$4,790,396

State General Funds

$4,799,610

$4,790,396

$4,790,396

TOTAL FEDERAL FUNDS

$63,865,953 $63,865,953 $63,865,953

Federal Funds Not Itemized

$63,865,953 $63,865,953 $63,865,953

TOTAL AGENCY FUNDS

$7,641,586

$7,641,586

$7,641,586

Intergovernmental Transfers

$6,165,906

$6,165,906

$6,165,906

Intergovernmental Transfers Not Itemized

$6,165,906

$6,165,906

$6,165,906

Royalties and Rents

$171,171

$171,171

$171,171

Royalties and Rents Not Itemized

$171,171

$171,171

$171,171

Sales and Services

$1,304,509

$1,304,509

$1,304,509

Sales and Services Not Itemized

$1,304,509

$1,304,509

$1,304,509

TOTAL PUBLIC FUNDS

$76,307,149 $76,297,935 $76,297,935

Youth Educational Services

Continuation Budget

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase

programs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,246,522 $3,246,522 $9,968,000 $9,968,000 $13,214,522

$3,246,522 $3,246,522 $9,968,000 $9,968,000 $13,214,522

$3,246,522 $3,246,522 $9,968,000 $9,968,000 $13,214,522

3246

JOURNAL OF THE HOUSE

110.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$50,656

110.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$2,284

$50,656 $2,284

$50,656 $2,284

110.100 -Youth Educational Services

Appropriation (HB 106)

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase

programs.

TOTAL STATE FUNDS

$3,299,462

$3,299,462

$3,299,462

State General Funds

$3,299,462

$3,299,462

$3,299,462

TOTAL FEDERAL FUNDS

$9,968,000

$9,968,000

$9,968,000

Federal Funds Not Itemized

$9,968,000

$9,968,000

$9,968,000

TOTAL PUBLIC FUNDS

$13,267,462 $13,267,462 $13,267,462

Section 20: Driver Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $59,380,684 $59,380,684 $2,844,121 $2,844,121 $2,844,121 $62,224,805

$59,380,684 $59,380,684
$2,844,121 $2,844,121 $2,844,121 $62,224,805

$59,380,684 $59,380,684
$2,844,121 $2,844,121 $2,844,121 $62,224,805

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $60,666,328 $60,666,328 $2,844,121 $2,844,121 $2,844,121 $63,510,449

$60,666,328 $60,666,328
$2,844,121 $2,844,121 $2,844,121 $63,510,449

$60,666,328 $60,666,328
$2,844,121 $2,844,121 $2,844,121 $63,510,449

Customer Service Support

Continuation Budget

The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services

$9,113,037 $9,113,037
$500,857 $500,857

$9,113,037 $9,113,037
$500,857 $500,857

$9,113,037 $9,113,037
$500,857 $500,857

FRIDAY, MARCH 22, 2013

3247

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$500,857 $9,613,894

$500,857 $9,613,894

$500,857 $9,613,894

111.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$98,201

111.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$7,174

111.3 Reduce funds for operations. State General Funds

($3,432)

$98,201 $7,174 ($3,432)

$98,201 $7,174 ($3,432)

111.100 -Customer Service Support

Appropriation (HB 106)

The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$9,214,980

$9,214,980

$9,214,980

State General Funds

$9,214,980

$9,214,980

$9,214,980

TOTAL AGENCY FUNDS

$500,857

$500,857

$500,857

Sales and Services

$500,857

$500,857

$500,857

Sales and Services Not Itemized

$500,857

$500,857

$500,857

TOTAL PUBLIC FUNDS

$9,715,837

$9,715,837

$9,715,837

License Issuance

Continuation Budget

The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to

services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$49,434,372 $49,434,372
$1,827,835 $1,827,835 $1,827,835 $51,262,207

$49,434,372 $49,434,372
$1,827,835 $1,827,835 $1,827,835 $51,262,207

$49,434,372 $49,434,372
$1,827,835 $1,827,835 $1,827,835 $51,262,207

112.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$596,531

112.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($144,617)

112.3 Increase funds for archival storage for Real ID implementation. State General Funds

$541,485

$596,531 ($144,617) $541,485

$596,531 ($144,617) $541,485

3248

JOURNAL OF THE HOUSE

112.4 Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation.

State General Funds

$200,000

$200,000

$200,000

112.5 Reduce funds for operations. State General Funds

($21,146)

($21,146)

($21,146)

112.6 Reduce funds for telecommunications. State General Funds

($12,109)

($12,109)

($12,109)

112.100 -License Issuance

Appropriation (HB 106)

The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to

services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud.

TOTAL STATE FUNDS

$50,594,516 $50,594,516 $50,594,516

State General Funds

$50,594,516 $50,594,516 $50,594,516

TOTAL AGENCY FUNDS

$1,827,835

$1,827,835

$1,827,835

Sales and Services

$1,827,835

$1,827,835

$1,827,835

Sales and Services Not Itemized

$1,827,835

$1,827,835

$1,827,835

TOTAL PUBLIC FUNDS

$52,422,351 $52,422,351 $52,422,351

Regulatory Compliance

Continuation Budget

The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education

curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify

ignition interlock device providers.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704

$833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704

$833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704

113.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$24,154

113.2 Reduce funds for operations. State General Funds

($597)

$24,154 ($597)

$24,154 ($597)

FRIDAY, MARCH 22, 2013

3249

113.100 -Regulatory Compliance

Appropriation (HB 106)

The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education

curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify

ignition interlock device providers.

TOTAL STATE FUNDS

$856,832

$856,832

$856,832

State General Funds

$856,832

$856,832

$856,832

TOTAL AGENCY FUNDS

$515,429

$515,429

$515,429

Sales and Services

$515,429

$515,429

$515,429

Sales and Services Not Itemized

$515,429

$515,429

$515,429

TOTAL PUBLIC FUNDS

$1,372,261

$1,372,261

$1,372,261

Section 21: Early Care and Learning, Department of
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $354,061,853 $55,459,608 $298,602,245 $313,627,536 $125,722,185 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263

$354,061,853 $55,459,608 $298,602,245 $313,627,536 $125,722,185 $95,464,681 $92,440,670
$156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263

$354,061,853 $55,459,608 $298,602,245 $313,627,536 $125,722,185 $95,464,681 $92,440,670
$156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

Section Total - Final $367,625,482 $55,451,852 $312,173,630 $313,627,536 $125,722,185 $95,464,681 $92,440,670 $156,874 $131,874

$367,625,482 $55,451,852 $312,173,630 $313,627,536 $125,722,185 $95,464,681 $92,440,670
$156,874 $131,874

$367,625,482 $55,451,852 $312,173,630 $325,127,536 $125,722,185 $96,773,342 $102,632,009
$156,874 $131,874

3250

JOURNAL OF THE HOUSE

Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements
Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $681,450,892

$131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $681,450,892

$131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $692,950,892

Child Care Services

Continuation Budget

The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to

provide inclusion services for children with disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670
$15,000 $15,000 $15,000 $219,379,959

$55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670
$15,000 $15,000 $15,000 $219,379,959

$55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670
$15,000 $15,000 $15,000 $219,379,959

114.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$29,003

$29,003

$29,003

114.2 Reduce funds for personnel for a portion of the Chief Financial Officer's salary and replace with federal funds.

State General Funds

($36,559)

($36,559)

($36,559)

114.3 Reduce funds for contracts. State General Funds

($200)

($200)

($200)

114.4 Transfer funds from the Department of Human Services Child Care Services program, Child Welfare Services program, Departmental Administration program and Federal Eligibility Benefit Services program to the Department of Early Care and Learning Child Care Services program to properly reflect the correct receiving department.

Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds:

$10,191,339 $1,308,661
$11,500,000

FRIDAY, MARCH 22, 2013

3251

114.100 -Child Care Services

Appropriation (HB 106)

The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to

provide inclusion services for children with disabilities.

TOTAL STATE FUNDS

$55,451,852 $55,451,852 $55,451,852

State General Funds

$55,451,852 $55,451,852 $55,451,852

TOTAL FEDERAL FUNDS

$163,905,351 $163,905,351 $175,405,351

CCDF Mandatory & Matching Funds CFDA93.596

$95,464,681 $95,464,681 $96,773,342

Child Care & Development Block Grant CFDA93.575

$68,440,670 $68,440,670 $78,632,009

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

Rebates, Refunds, and Reimbursements

$15,000

$15,000

$15,000

Rebates, Refunds, and Reimbursements Not Itemized

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$219,372,203 $219,372,203 $230,872,203

Nutrition

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $121,997,250 $121,997,250 $121,997,250

$0 $0 $121,997,250 $121,997,250 $121,997,250

$0 $0 $121,997,250 $121,997,250 $121,997,250

115.100 -Nutrition

Appropriation (HB 106)

The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth

during the summer.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$121,997,250 $121,997,250 $121,997,250

$121,997,250 $121,997,250 $121,997,250

$121,997,250 $121,997,250 $121,997,250

Pre-Kindergarten Program

Continuation Budget

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and

private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS

$298,602,245 $0
$298,602,245 $218,000

$298,602,245 $0
$298,602,245 $218,000

$298,602,245 $0
$298,602,245 $218,000

3252

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$218,000

$218,000

$218,000

$298,820,245 $298,820,245 $298,820,245

116.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

Lottery Proceeds

$59,236

$59,236

116.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

Lottery Proceeds

$459,115

$459,115

116.3 Reduce funds to reflect an adjustment in telecommunications expenses. Lottery Proceeds

($94,898)

($94,898)

116.4 Increase funds to increase the school year by 10 days from 170 days to 180 days. Lottery Proceeds

$12,915,130 $12,915,130

116.5 Increase funds for transportation. Lottery Proceeds

$232,802

$232,802

$59,236 $459,115 ($94,898) $12,915,130 $232,802

116.100 -Pre-Kindergarten Program

Appropriation (HB 106)

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and

private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

TOTAL STATE FUNDS

$312,173,630 $312,173,630 $312,173,630

Lottery Proceeds

$312,173,630 $312,173,630 $312,173,630

TOTAL FEDERAL FUNDS

$218,000

$218,000

$218,000

Federal Funds Not Itemized

$218,000

$218,000

$218,000

TOTAL PUBLIC FUNDS

$312,391,630 $312,391,630 $312,391,630

Quality Initiatives

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements

$0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000

$0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000

$0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000

FRIDAY, MARCH 22, 2013

3253

Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$10,000 $41,000 $41,000 $41,000 $27,689,809

$10,000 $41,000 $41,000 $41,000 $27,689,809

$10,000 $41,000 $41,000 $41,000 $27,689,809

117.100 -Quality Initiatives

Appropriation (HB 106)

The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child

care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$27,506,935 $3,506,935
$24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000
$27,689,809

$27,506,935 $3,506,935
$24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000
$27,689,809

$27,506,935 $3,506,935
$24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000
$27,689,809

Section 22: Economic Development, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $40,617,320 $33,779,876 $6,837,444 $659,400 $659,400 $41,276,720

$40,617,320 $33,779,876
$6,837,444 $659,400 $659,400
$41,276,720

$40,617,320 $33,779,876
$6,837,444 $659,400 $659,400
$41,276,720

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $36,429,024 $33,237,107 $3,191,917 $659,400 $659,400 $37,088,424

$36,431,524 $33,239,607
$3,191,917 $659,400 $659,400
$37,090,924

$36,543,980 $33,352,063
$3,191,917 $659,400 $659,400
$37,203,380

3254

JOURNAL OF THE HOUSE

Departmental Administration

Continuation Budget

The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to

promote the state.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,084,460 $4,084,460 $4,084,460

$4,084,460 $4,084,460 $4,084,460

$4,084,460 $4,084,460 $4,084,460

118.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$62,262

118.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($203)

118.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$2,587

118.4 Reduce funds for personnel and eliminate two vacant positions. State General Funds

($94,813)

118.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$62,262 ($203) $2,587
($94,813)

$62,262 ($203) $2,587
($94,813) ($5,044)

118.100-Departmental Administration

Appropriation (HB 106)

The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to

promote the state.

TOTAL STATE FUNDS

$4,054,293

$4,054,293

$4,049,249

State General Funds

$4,054,293

$4,054,293

$4,049,249

TOTAL PUBLIC FUNDS

$4,054,293

$4,054,293

$4,049,249

Film, Video, and Music

Continuation Budget

The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural

resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$955,165 $955,165 $955,165

$955,165 $955,165 $955,165

$955,165 $955,165 $955,165

119.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$13,082

$13,082

$13,082

FRIDAY, MARCH 22, 2013

3255

119.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
119.3 Reduce funds for marketing. State General Funds

($16) ($62,538)

($16) ($62,538)

($16) ($62,538)

119.100 -Film, Video, and Music

Appropriation (HB 106)

The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural

resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

TOTAL STATE FUNDS

$905,693

$905,693

$905,693

State General Funds

$905,693

$905,693

$905,693

TOTAL PUBLIC FUNDS

$905,693

$905,693

$905,693

Global Commerce

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,292,005 $10,292,005 $10,292,005

$10,292,005 $10,292,005 $10,292,005

$10,292,005 $10,292,005 $10,292,005

120.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$109,050

120.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($639)

120.3 Reduce funds for marketing. State General Funds

($100,000)

120.4 Reduce funds for contracts. State General Funds

($65,000)

$109,050 ($639)
($100,000) ($65,000)

$109,050 ($639)
($100,000) ($65,000)

120.100 -Global Commerce

Appropriation (HB 106)

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

3256

JOURNAL OF THE HOUSE

trade missions, foreign advertising, a network of overseas offices and representatives, and by providing international technical and educational assistance to

businesses.

TOTAL STATE FUNDS

$10,235,416 $10,235,416 $10,235,416

State General Funds

$10,235,416 $10,235,416 $10,235,416

TOTAL PUBLIC FUNDS

$10,235,416 $10,235,416 $10,235,416

Innovation and Technology

Continuation Budget

The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the

Centers of Innovation, research universities, incubators, and other companies.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$14,347,266 $7,509,822 $6,837,444
$14,347,266

$14,347,266 $7,509,822 $6,837,444
$14,347,266

$14,347,266 $7,509,822 $6,837,444
$14,347,266

121.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$12,780

$12,780

$12,780

121.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($42)

($42)

($42)

121.3 Reduce funds for the Georgia Research Alliance. State General Funds

($180,849)

($180,849)

($180,849)

121.4 Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780).

Tobacco Settlement Funds

($52,040)

($52,040)

($52,040)

121.5 Reduce funds for the Tumor Tissue Bank. Tobacco Settlement Funds

($124,595)

($124,595)

($124,595)

121.6 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations.

Tobacco Settlement Funds

($1,989,152) ($1,989,152)

($1,989,152)

121.7 Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) ($275,000) and Regional Cancer Coalitions ($1,204,740).

Tobacco Settlement Funds

($1,479,740) ($1,479,740) ($1,479,740)

121.100 -Innovation and Technology

Appropriation (HB 106)

The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the

Centers of Innovation, research universities, incubators, and other companies.

FRIDAY, MARCH 22, 2013

3257

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

$10,533,628 $7,341,711 $3,191,917
$10,533,628

$10,533,628 $7,341,711 $3,191,917
$10,533,628

$10,533,628 $7,341,711 $3,191,917
$10,533,628

Small and Minority Business Development

Continuation Budget

The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business

needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$916,860 $916,860 $916,860

$916,860 $916,860 $916,860

$916,860 $916,860 $916,860

122.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$16,068

122.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($58)

122.3 Reduce funds for operations. State General Funds

($20,868)

$16,068 ($58)
($20,868)

$16,068 ($58)
($20,868)

122.100 -Small and Minority Business Development

Appropriation (HB 106)

The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business

needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

TOTAL STATE FUNDS

$912,002

$912,002

$912,002

State General Funds

$912,002

$912,002

$912,002

TOTAL PUBLIC FUNDS

$912,002

$912,002

$912,002

Tourism

Continuation Budget

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome

centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to

attract more tourism to the state.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,310,394 $9,310,394 $9,310,394

$9,310,394 $9,310,394 $9,310,394

$9,310,394 $9,310,394 $9,310,394

3258

JOURNAL OF THE HOUSE

123.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$85,756

123.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($642)

123.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds

($74,100)

123.4 Reduce funds for contracts. State General Funds

($19,882)

123.5 Reduce funds for marketing. State General Funds

($100,000)

123.6 Increase funds for the Historic Chattahoochee Commission. State General Funds

123.7 Increase funds for the Civil War Commission. State General Funds

123.8 Increase funds for sponsorship of special education programming. State General Funds

$85,756 ($642)
($74,100) ($19,882) ($100,000)
$2,500

$85,756 ($642)
($74,100) ($19,882) ($100,000)
$0 $20,000 $100,000

123.100 -Tourism

Appropriation (HB 106)

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome

centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to

attract more tourism to the state.

TOTAL STATE FUNDS

$9,201,526

$9,204,026

$9,321,526

State General Funds

$9,201,526

$9,204,026

$9,321,526

TOTAL PUBLIC FUNDS

$9,201,526

$9,204,026

$9,321,526

Arts, Georgia Council for the

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$578,689 $578,689 $659,400 $659,400 $1,238,089

$578,689 $578,689 $659,400 $659,400 $1,238,089

$578,689 $578,689 $659,400 $659,400 $1,238,089

FRIDAY, MARCH 22, 2013

3259

124.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$7,777

$7,777

$7,777

124.100 -Arts, Georgia Council for the

Appropriation (HB 106)

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 STATE FUNDS

$586,466

$586,466

$586,466

State General Funds

$586,466

$586,466

$586,466

TOTAL FEDERAL FUNDS

$659,400

$659,400

$659,400

Federal Funds Not Itemized

$659,400

$659,400

$659,400

TOTAL PUBLIC FUNDS

$1,245,866

$1,245,866

$1,245,866

Payments to Georgia Medical Center Authority The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$132,481 $132,481 $132,481

$132,481 $132,481 $132,481

$132,481 $132,481 $132,481

125.1 Eliminate funds. State General Funds

($132,481)

($132,481)

($132,481)

Section 23: Education, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$7,168,032,040 $7,168,032,040

$7,168,032,040 $7,168,032,040

$1,754,515,336 $1,754,515,336

$1,754,515,336 $1,754,515,336

$3,713,178

$3,713,178

$1,109,438

$1,109,438

$1,109,438

$1,109,438

$300,000

$300,000

$300,000

$300,000

$828,560

$828,560

$828,560

$828,560

$1,475,180

$1,475,180

$1,475,180

$1,475,180

$8,926,260,554 $8,926,260,554

$7,168,032,040 $7,168,032,040 $1,754,515,336 $1,754,515,336
$3,713,178 $1,109,438 $1,109,438
$300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $8,926,260,554

3260

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $7,407,799,810 $7,407,799,810 $1,754,515,336 $1,754,515,336 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $9,166,028,324

$7,404,149,772 $7,404,149,772 $1,754,515,336 $1,754,515,336
$3,713,178 $1,109,438 $1,109,438
$300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $9,162,378,286

$7,408,107,606 $7,408,107,606 $1,754,515,336 $1,754,515,336
$4,232,953 $1,109,438 $1,109,438
$300,000 $300,000 $828,560 $828,560 $1,994,955 $1,994,955 $9,166,855,895

Agricultural Education

Continuation Budget

The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and

summer educational and leadership opportunities for students.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,650,509 $7,650,509 $7,650,509

$7,650,509 $7,650,509 $7,650,509

$7,650,509 $7,650,509 $7,650,509

126.1 Reduce funds for the Extended Day/Year program. State General Funds

($90,377)

126.2 Reduce funds for Area Teachers. State General Funds

($44,647)

126.3 Reduce funds for Young Farmers. State General Funds

($80,051)

126.4 Reduce for Youth Camps. State General Funds

($14,440)

126.5 Transfer funds from the Central Office program to the Agricultural Education program for administrative staff.

State General Funds

$345,157

126.6 Transfer funds from the Technology/Career Education program to the Agricultural Education program. State General Funds

($45,189) ($22,323) ($40,025) ($7,220) $345,157

($45,189) ($22,323) ($40,025) ($7,220) $345,157 $124,318

FRIDAY, MARCH 22, 2013

3261

126.100 -Agricultural Education

Appropriation (HB 106)

The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and

summer educational and leadership opportunities for students.

TOTAL STATE FUNDS

$7,766,151

$7,880,909

$8,005,227

State General Funds

$7,766,151

$7,880,909

$8,005,227

TOTAL PUBLIC FUNDS

$7,766,151

$7,880,909

$8,005,227

Central Office

Continuation Budget

The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$30,301,129 $30,301,129 $55,540,713 $55,540,713
$919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873

$30,301,129 $30,301,129 $55,540,713 $55,540,713
$919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873

$30,301,129 $30,301,129 $55,540,713 $55,540,713
$919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873

128.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$409,488

$409,488

128.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$43,255

$43,255

128.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$4,688

$4,688

128.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$39,176

$39,176

128.5 Reduce funds for personnel and eliminate one filled position. State General Funds

($283,953)

($283,953)

128.6 Reduce funds for personnel to eliminate two vacant positions in Charter School Administration.

State General Funds

($95,824)

($95,824)

128.7 Reduce funds for the School Nurse Coordinator to reflect projected expenditures. State General Funds

($18,077)

($18,077)

$409,488 $43,255
$4,688 $39,176 ($283,953) ($95,824) ($18,077)

3262

JOURNAL OF THE HOUSE

128.8 Reduce funds for operations. State General Funds

($41,447)

($41,447)

($41,447)

128.9 Reduce funds for travel based on prior years' expenditures. State General Funds

($20,099)

($20,099)

($20,099)

128.10 Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones.

State General Funds

($31,584)

($31,584)

($31,584)

128.11 Reduce funds for the Superintendent's Leadership Program. State General Funds

($44,597)

$0

($44,597)

128.12 Reduce funds for the American Association of Adapted Sports Program. State General Funds

($40,000)

$0

$0

128.13 Reduce funds for State Schools Administration based on prior year expenditures. State General Funds

($20,000)

($20,000)

($20,000)

128.14 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for the Discovery Education contract.

State General Funds

($961,565)

($961,565)

($721,174)

128.15 Transfer funds from the Department of Education to the Office of Student Achievement for technology for the Reading Mentors program.

State General Funds

($396,824)

($396,824)

($396,824)

128.16 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

($69,490)

128.97 Transfer funds and administrative staff from the Central Office program and create a new "Business and Finance Administration" program. (Total Funds: $7,393,641)(G:YES)(H:YES)(S:YES)

State General Funds Federal Funds Not Itemized Reserved Fund Balances Not Itemized Total Public Funds:

($7,106,636) ($137,890) ($149,115)
($7,393,641)

($7,106,636) ($137,890) ($149,115)
($7,393,641)

($7,106,636) ($137,890) ($149,115)
($7,393,641)

128.98 Transfer the following program administrative staff from Central Office to their respective program: Agriculture Education, Charter Schools, Curriculum, Federal Programs, Information Technology, Nutrition, School Improvement, Technology/Career Education, and Testing.

State General Funds Contributions, Donations, and Forfeitures Not Itemized Federal Funds Not Itemized Total Public Funds:

($17,962,336) ($619,031)
($33,403,236) ($51,984,603)

($17,962,336) ($619,031)
($33,403,236) ($51,984,603)

($17,962,336) ($619,031)
($33,403,236) ($51,984,603)

FRIDAY, MARCH 22, 2013

3263

128.100 -Central Office

Appropriation (HB 106)

The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems.

TOTAL STATE FUNDS

$3,774,794

$3,859,391

$3,985,695

State General Funds

$3,774,794

$3,859,391

$3,985,695

TOTAL FEDERAL FUNDS

$21,999,587 $21,999,587 $21,999,587

Federal Funds Not Itemized

$21,999,587 $21,999,587 $21,999,587

TOTAL AGENCY FUNDS

$150,885

$150,885

$150,885

Reserved Fund Balances

$150,885

$150,885

$150,885

Reserved Fund Balances Not Itemized

$150,885

$150,885

$150,885

TOTAL PUBLIC FUNDS

$25,925,266 $26,009,863 $26,136,167

Charter Schools

Continuation Budget

The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation,

facilities, and operations of those entities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876

$1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876

$1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876

129.1 Reduce funds for planning grants. (H:Eliminate funds for planning grants)(S:Utilize funds for assistance to charter school and charter system planning, development and implementation of best practices across systems pursuant to recommendation of Charter Advisory Committee OCGA 20-2-2063.1)

State General Funds

($5,000)

($90,000)

$0

129.2 Reduce funds for facility grants. (S:Reduce funds due to the availability of capital revenue for state charter schools and state chartered special schools per HB 797 (2012 Session))

State General Funds

($54,806)

($54,806) ($1,903,546)

129.3 Transfer funds from the Central Office program to the Charter Schools program for administrative staff.

State General Funds

$347,744

$347,744

$347,744

129.100 -Charter Schools

Appropriation (HB 106)

The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation,

facilities, and operations of those entities.

TOTAL STATE FUNDS

$2,281,484

$2,196,484

$437,744

State General Funds

$2,281,484

$2,196,484

$437,744

TOTAL FEDERAL FUNDS

$7,001,330

$7,001,330

$7,001,330

Federal Funds Not Itemized

$7,001,330

$7,001,330

$7,001,330

TOTAL PUBLIC FUNDS

$9,282,814

$9,197,814

$7,439,074

3264

JOURNAL OF THE HOUSE

Communities in Schools

Continuation Budget

The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to

partner with other state and national organizations to support student success in school and beyond.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$933,100 $933,100 $933,100

$933,100 $933,100 $933,100

$933,100 $933,100 $933,100

130.1 Reduce funds for grants to local affiliates. State General Funds

($27,993)

$0

$0

130.100 -Communities in Schools

Appropriation (HB 106)

The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to

partner with other state and national organizations to support student success in school and beyond.

TOTAL STATE FUNDS

$905,107

$933,100

$933,100

State General Funds

$905,107

$933,100

$933,100

TOTAL PUBLIC FUNDS

$905,107

$933,100

$933,100

Curriculum Development

Continuation Budget

The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and

instructional resources to teachers for implementing this curriculum.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,232,744 $1,232,744 $1,232,744

$1,232,744 $1,232,744 $1,232,744

$1,232,744 $1,232,744 $1,232,744

131.1 Reduce funds for contracts. State General Funds

($212,907)

($212,907)

131.2 Transfer funds from the Department of Education to the University System of Georgia for GALILEO.

State General Funds

($125,512)

($125,512)

131.3 Transfer funds from the Central Office program to the Curriculum Development program for administrative staff.

State General Funds Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Total Public Funds:

$2,614,113 $1,099,020
$619,031 $4,332,164

$2,614,113 $1,099,020
$619,031 $4,332,164

131.4 Transfer funds from the Department of Education to the University System of Georgia for the SIRS Discovery subscription.

State General Funds

($106,790)

($212,907)
($125,512)
$2,614,113 $1,099,020
$619,031 $4,332,164
($106,790)

FRIDAY, MARCH 22, 2013

3265

131.100-Curriculum Development

Appropriation (HB 106)

The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and

instructional resources to teachers for implementing this curriculum.

TOTAL STATE FUNDS

$3,508,438

$3,401,648

$3,401,648

State General Funds

$3,508,438

$3,401,648

$3,401,648

TOTAL FEDERAL FUNDS

$1,099,020

$1,099,020

$1,099,020

Federal Funds Not Itemized

$1,099,020

$1,099,020

$1,099,020

TOTAL AGENCY FUNDS

$619,031

$619,031

$619,031

Contributions, Donations, and Forfeitures

$619,031

$619,031

$619,031

Contributions, Donations, and Forfeitures Not Itemized

$619,031

$619,031

$619,031

TOTAL PUBLIC FUNDS

$5,226,489

$5,119,699

$5,119,699

Federal Programs

Continuation Budget

The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$0 $1,072,513,107 $1,072,513,107 $1,072,513,107

$0 $1,072,513,107 $1,072,513,107 $1,072,513,107

$0 $1,072,513,107 $1,072,513,107 $1,072,513,107

132.1 Transfer funds from the Central Office program to the Federal Programs program for administrative staff.

Federal Funds Not Itemized

$11,728,068

$11,728,068

$11,728,068

132.2 Transfer funds from the Georgia Learning Resource System program to the Federal Programs program for the Georgia Learning Resource Center.

Federal Funds Not Itemized

$6,300,860

$6,300,860

$6,300,860

132.100 -Federal Programs The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

Appropriation (HB 106)

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035

Georgia Learning Resources System

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$0 $0 $6,300,860

$0 $0 $6,300,860

$0 $0 $6,300,860

3266

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$6,300,860 $6,300,860

$6,300,860 $6,300,860

$6,300,860 $6,300,860

133.1 Transfer funds from the Georgia Learning Resource System program to the Federal Programs program for the Georgia Learning Resource Center.

Federal Funds Not Itemized

($6,300,860) ($6,300,860) ($6,300,860)

Georgia Virtual School

Continuation Budget

The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access

supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980

$4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980

$4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980

134.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$2,531

$2,531

134.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$1,573

$1,573

134.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$23

$23

134.4 Reduce funds for contracts. State General Funds

($141,179)

($141,179)

134.5 Reduce funds for the transfer of course development for FY2014 to FY2015. State General Funds

($1,000,000)

$2,531 $1,573
$23 ($141,179) ($1,000,000)

134.100 -Georgia Virtual School

Appropriation (HB 106)

The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access

supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$4,568,903

$3,568,903

$3,568,903

State General Funds

$4,568,903

$3,568,903

$3,568,903

TOTAL AGENCY FUNDS

$1,371,025

$1,371,025

$1,371,025

Sales and Services

$1,371,025

$1,371,025

$1,371,025

FRIDAY, MARCH 22, 2013

3267

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,371,025 $5,939,928

$1,371,025 $4,939,928

$1,371,025 $4,939,928

Georgia Youth Science and Technology

Continuation Budget

The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly

among elementary and middle school teachers and students in underserved areas of the state.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$144,000 $144,000 $144,000

$144,000 $144,000 $144,000

$144,000 $144,000 $144,000

135.1 Eliminate funds for the Georgia Youth Science and Technology Program. (H and S:Reduce funds ($94,000) and transfer remaining funds to the Board of Regents ($50,000))

State General Funds

($144,000)

($144,000)

($144,000)

Governor's Honors Program

Continuation Budget

The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually

available during the regular school year.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$959,839 $959,839 $959,839

$959,839 $959,839 $959,839

$959,839 $959,839 $959,839

136.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$2,114

136.2 Increase funds to reflect an adjustment in telecommunications expenses.

State General Funds

$20

136.3 Reduce funds for operations. State General Funds

($28,795)

$2,114 $20 $0

$2,114 $20
($14,398)

136.100 -Governor's Honors Program

Appropriation (HB 106)

The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually

available during the regular school year.

TOTAL STATE FUNDS

$933,178

$961,973

$947,575

State General Funds

$933,178

$961,973

$947,575

TOTAL PUBLIC FUNDS

$933,178

$961,973

$947,575

3268

JOURNAL OF THE HOUSE

Information Technology Services The purpose of this appropriation is to provide internet access for local school systems.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$3,321,803 $3,321,803 $3,321,803

$3,321,803 $3,321,803 $3,321,803

$3,321,803 $3,321,803 $3,321,803

137.1 Transfer funds from the Central Office program to the Information Technology Services program for administrative staff.

State General Funds Federal Funds Not Itemized Total Public Funds:

$10,143,927 $101,170
$10,245,097

$10,143,927 $101,170
$10,245,097

137.2 Increase funds for information technology for critical infrastructure upgrades in Internal Technology.

State General Funds

$1,683,217

$1,683,217

137.3 Increase funds for personnel for four positions on the Longitudinal Data System Training Team.

State General Funds

$435,091

$435,091

137.4 Increase funds for training and operations in Data Collections. State General Funds

$42,500

$42,500

137.5 Increase funds for personnel for three positions in Data Collections. State General Funds

$400,846

$400,846

$10,143,927 $101,170
$10,245,097
$1,683,217
$435,091
$42,500
$400,846

137.100 -Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS
State General Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$16,027,384 $16,027,384
$101,170 $101,170 $16,128,554

Appropriation (HB 106)

$16,027,384 $16,027,384
$101,170 $101,170 $16,128,554

$16,027,384 $16,027,384
$101,170 $101,170 $16,128,554

Non Quality Basic Education Formula Grants

Continuation Budget

The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,462,668 $6,462,668 $6,462,668

$6,462,668 $6,462,668 $6,462,668

$6,462,668 $6,462,668 $6,462,668

FRIDAY, MARCH 22, 2013

3269

138.1 Eliminate funds for Sparsity Grants and transfer savings from the Non Quality Basic Education Formula Grants program to the Quality Basic Education Program. (H and S:Direct the Department of Education to study and evaluate the need for a Sparsity Grant program)

State General Funds

($2,631,275)

$0

$0

138.2 Increase funds for a revised allocation methodology that provides special education funding to all students served in Residential Treatment Facilities and provide a midterm adjustment in Amended FY2014 for enrollment and programmatic changes for Devereux Ackerman Academy and MurphyHarpst Academy.

State General Funds

$291,361

$0

138.98 Change the name of the Non Quality Basic Education Formula Grants program to the Residential Treatment Facilities program. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

138.99 SAC: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. House: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. Gov Rev: The purpose of this appropriation is to fund the increased cost to educate children placed in residential treatment facilities.

State General Funds

$0

$0

$0

138.100 -Non Quality Basic Education Formula Grants

Appropriation (HB 106)

The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants.

TOTAL STATE FUNDS

$3,831,393

$6,754,029

$6,462,668

State General Funds

$3,831,393

$6,754,029

$6,462,668

TOTAL PUBLIC FUNDS

$3,831,393

$6,754,029

$6,462,668

Nutrition

Continuation Budget

The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that

support nutritional well-being and performance at school and comply with federal standards.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435

$22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435

$22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435

139.1 Reduce funds to the Nutrition program by not reimbursing sick days paid for managers and non-managers through the state nutrition formula. (H:Reduce funds for the school lunch program)

State General Funds

($1,306,720)

($677,796)

$0

3270

JOURNAL OF THE HOUSE

139.2 Transfer funds from the Central Office program to the Nutrition program for administrative staff.

State General Funds Federal Funds Not Itemized Total Public Funds:

$254,090 $8,887,616 $9,141,706

$254,090 $8,887,616 $9,141,706

$254,090 $8,887,616 $9,141,706

139.100 -Nutrition

Appropriation (HB 106)

The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that

support nutritional well-being and performance at school and comply with federal standards.

TOTAL STATE FUNDS

$21,540,593 $22,169,517 $22,847,313

State General Funds

$21,540,593 $22,169,517 $22,847,313

TOTAL FEDERAL FUNDS

$583,775,828 $583,775,828 $583,775,828

Federal Funds Not Itemized

$583,775,828 $583,775,828 $583,775,828

TOTAL PUBLIC FUNDS

$605,316,421 $605,945,345 $606,623,141

Preschool Handicapped

Continuation Budget

The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better

prepared to succeed.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$28,412,355 $28,412,355 $28,412,355

$28,412,355 $28,412,355 $28,412,355

$28,412,355 $28,412,355 $28,412,355

140.1 Increase funds for enrollment growth. State General Funds

$763,969

$763,969

$763,969

140.100 -Preschool Handicapped

Appropriation (HB 106)

The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better

prepared to succeed.

TOTAL STATE FUNDS

$29,176,324 $29,176,324 $29,176,324

State General Funds

$29,176,324 $29,176,324 $29,176,324

TOTAL PUBLIC FUNDS

$29,176,324 $29,176,324 $29,176,324

Quality Basic Education Equalization

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$436,158,587 $436,158,587 $436,158,587

$436,158,587 $436,158,587 $436,158,587

$436,158,587 $436,158,587 $436,158,587

FRIDAY, MARCH 22, 2013

3271

141.1 Increase funds for the Equalization Grant to fully fund the formula as set in HB824 (2012 Session).

State General Funds

$40,964,947

$38,275,147

$38,275,147

141.100 -Quality Basic Education Equalization

Appropriation (HB 106)

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 STATE FUNDS

$477,123,534 $474,433,734 $474,433,734

State General Funds

$477,123,534 $474,433,734 $474,433,734

TOTAL PUBLIC FUNDS

$477,123,534 $474,433,734 $474,433,734

Quality Basic Education Local Five Mill Share

Continuation Budget

The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730)

142.1 Reduce funds for the Local Five Mill Fair Share. (H and S:Adjust funds for the Local Five Mill Share)

State General Funds

($5,370,665)

($5,288,314)

($5,288,314)

142.100 -Quality Basic Education Local Five Mill Share

Appropriation (HB 106)

The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164.

TOTAL STATE FUNDS

($1,702,875,395) ($1,702,793,044) ($1,702,793,044)

State General Funds

($1,702,875,395) ($1,702,793,044) ($1,702,793,044)

TOTAL PUBLIC FUNDS

($1,702,875,395) ($1,702,793,044) ($1,702,793,044)

Quality Basic Education Program

Continuation Budget

The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-

12 as outlined in O.C.G.A. 20-2-161.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037

143.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$56,442,133 $56,135,736

143.2 Reduce funds for School Counselors based on recommendations by the State Education Finance Study Commission.

State General Funds

($898,952)

($854,439)

$56,135,736 ($854,439)

3272

JOURNAL OF THE HOUSE

143.3 Increase funds for School Nurses based on recommendations by the State Education Finance Study Commission.

State General Funds

$2,577,745

$3,167,313

$2,577,745

143.4 Increase funds for Professional Development based on recommendations by the State Education Finance Study Commission.

State General Funds

$759,393

$759,393

$759,393

143.5 Increase funds to hold harmless Central Operation Redirect to Classroom Technology based on recommendations by the State Education Finance Study Commission.

State General Funds

$183,574

$183,533

$183,533

143.6 Increase funds to cover 1.36% enrollment growth and training and experience. State General Funds

$147,352,939 $146,583,599 $146,583,599

143.7 Increase funds for the Quality Basic Education Program by transferring savings from Sparsity Grants from the Non Quality Basic Education Formula Grants program.

State General Funds

$2,631,275

$0

$0

143.8

Transfer funds in current formula earnings in central administration operations to classroom technology and increase the per FTE earnings from $15.39 to $16.15 based on recommendations by the State Education Finance Study Commission and fund with savings from the redirection of Education Technology Center funding into the Quality Basic Education Program. (H and S:NO; redirect $15.39/FTE from central operations administration to classroom technology as recommended by the State Education Finance Study Commission)

State General Funds

$1,276,493

$0

$0

143.9 Increase funds to meet projected need for Special Needs Scholarships. State General Funds

$778,118

$52,247

$52,247

143.10 Increase funds to provide differentiated pay for newly certified math and science teachers. (H and S:Adjust funds for differentiated pay for newly certified math and science teachers and reflect adjusted benefit rate due to the transition from calculating health insurance as a percent of payroll to per member per month rate)

State General Funds

$2,574 ($1,996,524) ($1,996,524)

143.11 Increase funds for grants to charter systems that are within their initial contract per HB283 (2013 Session). (S:Increase funds for charter system per OCGA 20-2-165.1, reflected in HB283 (2013 session))

State General Funds

$1,391,678

$7,199,479

143.12 Reflect the full health insurance earnings in QBE for SHBP by increasing the per member, per month billings for certificated school service personnel from $912.34 to $1,016.39 to mitigate a mid-year employer rate increase for health benefits. (H:YES)(S:NO)

State General Funds

$0

$0

143.13 Transfer funds from the Quality Basic Education program to the new Quality Basic Education Teacher Health Insurance program for health insurance of certified employees.

State General Funds

($1,102,878,079)

FRIDAY, MARCH 22, 2013

3273

143.100 -Quality Basic Education Program

Appropriation (HB 106)

The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-

12 as outlined in O.C.G.A. 20-2-161.

TOTAL STATE FUNDS

$8,394,117,329 $8,388,434,573 $7,290,774,727

State General Funds

$8,394,117,329 $8,388,434,573 $7,290,774,727

TOTAL PUBLIC FUNDS

$8,394,117,329 $8,388,434,573 $7,290,774,727

Regional Education Service Agencies

Continuation Budget

The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving

the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and

other shared services.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,510,812 $8,510,812 $8,510,812

$8,510,812 $8,510,812 $8,510,812

$8,510,812 $8,510,812 $8,510,812

144.1 Reduce funds for operations. State General Funds

($205,995)

($85,108)

($85,108)

144.2 Reduce funds for Education Technology Center from the Regional Education Agencies program and transfer savings for classroom technology in the Quality Basic Education Program.

State General Funds

($1,279,927)

$0

$0

144.100 -Regional Education Service Agencies

Appropriation (HB 106)

The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving

the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and

other shared services.

TOTAL STATE FUNDS

$7,024,890

$8,425,704

$8,425,704

State General Funds

$7,024,890

$8,425,704

$8,425,704

TOTAL PUBLIC FUNDS

$7,024,890

$8,425,704

$8,425,704

School Improvement

Continuation Budget

The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low-

performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall

student achievement.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,199,064 $5,199,064 $5,199,064

$5,199,064 $5,199,064 $5,199,064

$5,199,064 $5,199,064 $5,199,064

3274

JOURNAL OF THE HOUSE

145.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$68,967

$68,967

145.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$10,297

$10,297

145.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$58

$58

145.4 Transfer funds from the Central Office program to the School Improvement program for administrative staff.

State General Funds Federal Funds Not Itemized Total Public Funds:

$679,446 $7,759,750 $8,439,196

$679,446 $7,759,750 $8,439,196

$68,967
$10,297
$58
$679,446 $7,759,750 $8,439,196

145.100 -School Improvement

Appropriation (HB 106)

The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low-

performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall

student achievement.

TOTAL STATE FUNDS

$5,957,832

$5,957,832

$5,957,832

State General Funds

$5,957,832

$5,957,832

$5,957,832

TOTAL FEDERAL FUNDS

$7,759,750

$7,759,750

$7,759,750

Federal Funds Not Itemized

$7,759,750

$7,759,750

$7,759,750

TOTAL PUBLIC FUNDS

$13,717,582 $13,717,582 $13,717,582

Severely Emotionally Disturbed

Continuation Budget

The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and

resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$62,113,005 $62,113,005
$7,908,992 $7,908,992 $70,021,997

$62,113,005 $62,113,005
$7,908,992 $7,908,992 $70,021,997

$62,113,005 $62,113,005
$7,908,992 $7,908,992 $70,021,997

146.1 Reduce funds based on declining enrollment. State General Funds

($2,009,258) ($2,009,258) ($2,009,258)

146.100 -Severely Emotionally Disturbed

Appropriation (HB 106)

The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and

resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

FRIDAY, MARCH 22, 2013

3275

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
State Charter School Commission Administration
TOTAL STATE FUNDS State General Funds

$60,103,747 $60,103,747
$7,908,992 $7,908,992 $68,012,739
$0 $0

$60,103,747 $60,103,747
$7,908,992 $7,908,992 $68,012,739

$60,103,747 $60,103,747
$7,908,992 $7,908,992 $68,012,739

Continuation Budget

$0

$0

$0

$0

147.1 Utilize revenue from State Chartered Special Schools to fund personnel and operations. (G:YES)(H:YES)(S:YES) Sales and Services Not Itemized

$519,775

147.99

SAC: The purpose of this appropriation is to focus on 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. House: The purpose of this appropriation is to focus on 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. Gov Rev: The purpose of this appropriation is to focus on 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.

State General Funds

$0

$0

$0

147.100 -State Charter School Commission Administration

Appropriation (HB 106)

The purpose of this appropriation is to focus on 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.

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$519,775

$519,775

$519,775

$0

$0

$519,775

State Interagency Transfers

Continuation Budget

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 post-secondary vocational education agency.

3276

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305

$8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305

$8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305

148.1 Reduce funds for the transfer to Teachers' Retirement System of Georgia to reflect projected expenditures.

State General Funds

($400,000)

($400,000)

($400,000)

148.100 -State Interagency Transfers

Appropriation (HB 106)

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 post-secondary vocational education agency.

TOTAL STATE FUNDS

$8,097,963

$8,097,963

$8,097,963

State General Funds

$8,097,963

$8,097,963

$8,097,963

TOTAL FEDERAL FUNDS

$3,958,342

$3,958,342

$3,958,342

Federal Funds Not Itemized

$3,958,342

$3,958,342

$3,958,342

TOTAL PUBLIC FUNDS

$12,056,305 $12,056,305 $12,056,305

State Schools

Continuation Budget

The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment

addressing their academic, vocational, and social development.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$24,244,124 $24,244,124
$1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155
$25,667,246

$24,244,124 $24,244,124
$1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155
$25,667,246

$24,244,124 $24,244,124
$1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155
$25,667,246

149.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$318,638

$318,638

149.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$18,813

$18,813

$318,638 $18,813

FRIDAY, MARCH 22, 2013

3277

149.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
149.4 Increase funds for training and experience. State General Funds

$1,559

$1,559 $412,552

$1,559 $412,552

149.100 -State Schools

Appropriation (HB 106)

The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment

addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$24,583,134 $24,995,686 $24,995,686

State General Funds

$24,583,134 $24,995,686 $24,995,686

TOTAL AGENCY FUNDS

$1,423,122

$1,423,122

$1,423,122

Contributions, Donations, and Forfeitures

$490,407

$490,407

$490,407

Contributions, Donations, and Forfeitures Not Itemized

$490,407

$490,407

$490,407

Intergovernmental Transfers

$828,560

$828,560

$828,560

Intergovernmental Transfers Not Itemized

$828,560

$828,560

$828,560

Sales and Services

$104,155

$104,155

$104,155

Sales and Services Not Itemized

$104,155

$104,155

$104,155

TOTAL PUBLIC FUNDS

$26,006,256 $26,418,808 $26,418,808

Technology/Career Education

Continuation Budget

The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the

traditional school day and year.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075

$14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075

$14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075

150.1 Reduce funds for the Extended Day/Year program. State General Funds

($421,775)

$0

150.2 Transfer funds from the Central Office program to the Technology/Career Education program for administrative staff.

State General Funds Federal Funds Not Itemized Total Public Funds:

$1,602,864 $79,056
$1,681,920

$1,602,864 $79,056
$1,681,920

150.3 Reduce funds. State General Funds

($210,887)

$0
$1,602,864 $79,056
$1,681,920
($210,887)

3278

JOURNAL OF THE HOUSE

150.4 Transfer funds from the Technology/Career Education program to the Agricultural Education program. State General Funds

($124,318)

150.100 -Technology/Career Education

Appropriation (HB 106)

The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the

traditional school day and year.

TOTAL STATE FUNDS

$15,240,241 $15,451,129 $15,326,811

State General Funds

$15,240,241 $15,451,129 $15,326,811

TOTAL FEDERAL FUNDS

$16,091,979 $16,091,979 $16,091,979

Federal Funds Not Itemized

$16,091,979 $16,091,979 $16,091,979

TOTAL PUBLIC FUNDS

$31,332,220 $31,543,108 $31,418,790

Testing

Continuation Budget

The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local

schools.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066

$13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066

$13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066

151.1 Transfer funds from the Central Office program to the Testing program for administrative staff.

State General Funds Federal Funds Not Itemized Total Public Funds:

$1,974,995 $3,748,556 $5,723,551

$1,974,995 $3,748,556 $5,723,551

$1,974,995 $3,748,556 $5,723,551

151.100 -Testing

Appropriation (HB 106)

The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local

schools.

TOTAL STATE FUNDS

$15,454,204 $15,454,204 $15,454,204

State General Funds

$15,454,204 $15,454,204 $15,454,204

TOTAL FEDERAL FUNDS

$14,139,413 $14,139,413 $14,139,413

Federal Funds Not Itemized

$14,139,413 $14,139,413 $14,139,413

TOTAL PUBLIC FUNDS

$29,593,617 $29,593,617 $29,593,617

Tuition for Multi-Handicapped

Continuation Budget

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.

FRIDAY, MARCH 22, 2013

3279

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,551,946 $1,551,946 $1,551,946

$1,551,946 $1,551,946 $1,551,946

$1,551,946 $1,551,946 $1,551,946

152.100 -Tuition for Multi-Handicapped

Appropriation (HB 106)

The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an

appropriate program for a multi-handicapped student.

TOTAL STATE FUNDS

$1,551,946

$1,551,946

$1,551,946

State General Funds

$1,551,946

$1,551,946

$1,551,946

TOTAL PUBLIC FUNDS

$1,551,946

$1,551,946

$1,551,946

Quality Basic Education Teacher Health Insurance

Continuation Budget

TOTAL STATE FUNDS

$0

State General Funds

$0

363.1 Transfer funds from the Quality Basic Education (QBE) program to the Quality Basic Education Teacher Health Insurance program to recognize the state fund portion of the employer share of earned certificated employees in the QBE program.

State General Funds

$1,102,878,079

363.99 SAC: The purpose of this appropriation is to provide the employer share of the healthcare benefit for certificated school employees that generate earnings in the Quality Basic Education Program, a rate of which is established by the Department of Community Health on a per member per month basis which shall be billed to local educational agencies.

State General Funds

$0

363.100 -Quality Basic Education Teacher Health Insurance

Appropriation (HB 106)

The purpose of this appropriation is to provide the employer share of the healthcare benefit for certificated school employees that generate earnings in the

Quality Basic Education Program, a rate of which is established by the Department of Community Health on a per member per month basis which shall be billed

to local educational agencies.

TOTAL STATE FUNDS

$1,102,878,079

State General Funds

$1,102,878,079

TOTAL PUBLIC FUNDS

$1,102,878,079

Business and Finance Administration

Continuation Budget

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

3280

JOURNAL OF THE HOUSE

364.1 Transfer funds and administrative staff from the Central Office program and create a new "Business and Finance Administration" program. (Total Funds: $7,393,641)(G:YES)(H:YES)(S:YES)

State General Funds Reserved Fund Balances Not Itemized Federal Funds Not Itemized Total Public Funds:

$7,106,636 $149,115 $137,890
$7,393,641

$7,106,636 $149,115 $137,890
$7,393,641

$7,106,636 $149,115 $137,890
$7,393,641

364.99 SAC: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. House: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. Gov Rev: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.

State General Funds

$0

$0

364.100-Business and Finance Administration

Appropriation (HB 106)

The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation.

TOTAL STATE FUNDS

$7,106,636

$7,106,636

$7,106,636

State General Funds

$7,106,636

$7,106,636

$7,106,636

TOTAL FEDERAL FUNDS

$137,890

$137,890

$137,890

Federal Funds Not Itemized

$137,890

$137,890

$137,890

TOTAL AGENCY FUNDS

$149,115

$149,115

$149,115

Reserved Fund Balances

$149,115

$149,115

$149,115

Reserved Fund Balances Not Itemized

$149,115

$149,115

$149,115

TOTAL PUBLIC FUNDS

$7,393,641

$7,393,641

$7,393,641

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,430.57. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 24: Employees' Retirement System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

Section Total - Continuation $26,432,022 $26,432,022 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922

$26,432,022 $26,432,022
$3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922

$26,432,022 $26,432,022
$3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922

FRIDAY, MARCH 22, 2013

3281

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

Section Total - Final $29,051,720 $29,051,720 $3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $51,367,538

$29,051,720 $29,051,720
$3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $51,367,538

$29,051,720 $29,051,720
$3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $51,367,538

Deferred Compensation

Continuation Budget

The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them

an effective supplement for their retirement planning.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813

$0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813

$0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813

153.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

Sales and Services Not Itemized

$4,922

153.2 Increase funds for contracts. Sales and Services Not Itemized

$253,000

$4,922 $253,000

$4,922 $253,000

153.100 -Deferred Compensation

Appropriation (HB 106)

The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them

an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,766,735 $3,766,735 $3,766,735 $3,766,735

$3,766,735 $3,766,735 $3,766,735 $3,766,735

$3,766,735 $3,766,735 $3,766,735 $3,766,735

Georgia Military Pension Fund

Continuation Budget

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

3282

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,703,022 $1,703,022 $1,703,022

$1,703,022 $1,703,022 $1,703,022

$1,703,022 $1,703,022 $1,703,022

154.1 Increase funds for the annual required contribution in accordance with the most recent actuarial evaluation.

State General Funds

$188,698

$188,698

$188,698

154.100 -Georgia Military Pension Fund

Appropriation (HB 106)

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$1,891,720

$1,891,720

$1,891,720

State General Funds

$1,891,720

$1,891,720

$1,891,720

TOTAL PUBLIC FUNDS

$1,891,720

$1,891,720

$1,891,720

Public School Employees Retirement System

Continuation Budget

The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and

accurate payment of retirement benefits.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$24,729,000 $24,729,000 $24,729,000

$24,729,000 $24,729,000 $24,729,000

$24,729,000 $24,729,000 $24,729,000

155.1 Increase funds for the annual required contribution in accordance with the most recent actuarial evaluation.

State General Funds

$2,431,000

$2,431,000

$2,431,000

155.100 -Public School Employees Retirement System

Appropriation (HB 106)

The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and

accurate payment of retirement benefits.

TOTAL STATE FUNDS

$27,160,000 $27,160,000 $27,160,000

State General Funds

$27,160,000 $27,160,000 $27,160,000

TOTAL PUBLIC FUNDS

$27,160,000 $27,160,000 $27,160,000

System Administration

Continuation Budget

The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members

and beneficiaries.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$0 $0 $18,213,087 $18,213,087

$0 $0 $18,213,087 $18,213,087

$0 $0 $18,213,087 $18,213,087

FRIDAY, MARCH 22, 2013

3283

Retirement Payments TOTAL PUBLIC FUNDS

$18,213,087 $18,213,087

$18,213,087 $18,213,087

$18,213,087 $18,213,087

156.1 Reduce funds for personnel. Retirement Payments

($1,878)

156.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

Retirement Payments

$182,874

156.3 Increase funds for contracts. Retirement Payments

$155,000

($1,878) $182,874 $155,000

($1,878) $182,874 $155,000

156.100 -System Administration

Appropriation (HB 106)

The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members

and beneficiaries.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$18,549,083 $18,549,083 $18,549,083 $18,549,083

$18,549,083 $18,549,083 $18,549,083 $18,549,083

$18,549,083 $18,549,083 $18,549,083 $18,549,083

It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 18.46% for New Plan employees and 13.71% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 15.18% 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 $692.00 per member for State Fiscal Year 2014.

Section 25: Forestry Commission, State
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Continuation $30,440,883 $30,440,883 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000

$30,440,883 $30,440,883
$5,994,473 $5,994,473 $6,833,695
$125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000

$30,440,883 $30,440,883
$5,994,473 $5,994,473 $6,833,695
$125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000

3284

JOURNAL OF THE HOUSE

State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$50,000 $50,000 $43,319,051

$50,000 $50,000 $43,319,051

$50,000 $50,000 $43,319,051

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $30,072,551 $30,072,551 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,950,719

$30,519,203 $30,519,203
$5,994,473 $5,994,473 $6,833,695
$125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,397,371

$30,429,203 $30,429,203
$5,994,473 $5,994,473 $6,833,695
$125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,307,371

Commission Administration

Continuation Budget

The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs,

and provide oversight that emphasizes customer values and process innovation.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,371,335 $3,371,335
$48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423

$3,371,335 $3,371,335
$48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423

$3,371,335 $3,371,335
$48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423

157.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$44,491

157.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$3,467

$44,491 $3,467

$44,491 $3,467

FRIDAY, MARCH 22, 2013

3285

157.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds
157.4 Reduce funds for personnel to reflect projected expenditures. State General Funds

$7,618 ($78,648)

$7,618 ($78,648)

$7,618 ($78,648)

157.100 -Commission Administration

Appropriation (HB 106)

The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs,

and provide oversight that emphasizes customer values and process innovation.

TOTAL STATE FUNDS

$3,348,263

$3,348,263

$3,348,263

State General Funds

$3,348,263

$3,348,263

$3,348,263

TOTAL FEDERAL FUNDS

$48,800

$48,800

$48,800

Federal Funds Not Itemized

$48,800

$48,800

$48,800

TOTAL AGENCY FUNDS

$76,288

$76,288

$76,288

Sales and Services

$76,288

$76,288

$76,288

Sales and Services Not Itemized

$76,288

$76,288

$76,288

TOTAL PUBLIC FUNDS

$3,473,351

$3,473,351

$3,473,351

Forest Management

Continuation Budget

The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry

cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners

and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation

easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass

industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176

$2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176

$2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732
$125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176

3286

JOURNAL OF THE HOUSE

158.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$81,767

158.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$812

$81,767 $812

$81,767 $812

158.100 -Forest Management

Appropriation (HB 106)

The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry

cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners

and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation

easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass

industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

TOTAL STATE FUNDS

$2,214,748

$2,214,748

$2,214,748

State General Funds

$2,214,748

$2,214,748

$2,214,748

TOTAL FEDERAL FUNDS

$3,565,275

$3,565,275

$3,565,275

Federal Funds Not Itemized

$3,565,275

$3,565,275

$3,565,275

TOTAL AGENCY FUNDS

$1,027,732

$1,027,732

$1,027,732

Intergovernmental Transfers

$125,000

$125,000

$125,000

Intergovernmental Transfers Not Itemized

$125,000

$125,000

$125,000

Sales and Services

$902,732

$902,732

$902,732

Sales and Services Not Itemized

$902,732

$902,732

$902,732

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$50,000

$50,000

$50,000

State Funds Transfers

$50,000

$50,000

$50,000

Agency to Agency Contracts

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$6,857,755

$6,857,755

$6,857,755

Forest Protection

Continuation Budget

The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to

mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to

promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland

firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest

Management program during periods of low fire danger.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized

$24,937,379 $24,937,379
$2,246,681 $2,246,681 $4,656,312
$33,000 $33,000

$24,937,379 $24,937,379
$2,246,681 $2,246,681 $4,656,312
$33,000 $33,000

$24,937,379 $24,937,379
$2,246,681 $2,246,681 $4,656,312
$33,000 $33,000

FRIDAY, MARCH 22, 2013

3287

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,623,312 $4,623,312 $31,840,372

$4,623,312 $4,623,312 $31,840,372

$4,623,312 $4,623,312 $31,840,372

159.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$399,070

159.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$7,669

159.3 Reduce funds for operations. State General Funds

($121,273)

159.4 Reduce funds for firefighter personnel. State General Funds

($379,297)

159.5 Reduce funds for support personnel. State General Funds

($115,683)

159.6 Reduce funds for chief ranger personnel. State General Funds

($218,325)

$399,070 $7,669
($31,273) ($22,645) ($115,683) ($218,325)

$399,070 $7,669
($121,273) ($22,645)
($115,683) ($218,325)

159.100 -Forest Protection

Appropriation (HB 106)

The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to

mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to

promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland

firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest

Management program during periods of low fire danger.

TOTAL STATE FUNDS

$24,509,540 $24,956,192 $24,866,192

State General Funds

$24,509,540 $24,956,192 $24,866,192

TOTAL FEDERAL FUNDS

$2,246,681

$2,246,681

$2,246,681

Federal Funds Not Itemized

$2,246,681

$2,246,681

$2,246,681

TOTAL AGENCY FUNDS

$4,656,312

$4,656,312

$4,656,312

Royalties and Rents

$33,000

$33,000

$33,000

Royalties and Rents Not Itemized

$33,000

$33,000

$33,000

Sales and Services

$4,623,312

$4,623,312

$4,623,312

Sales and Services Not Itemized

$4,623,312

$4,623,312

$4,623,312

TOTAL PUBLIC FUNDS

$31,412,533 $31,859,185 $31,769,185

Tree Seedling Nursery

Continuation Budget

The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

3288

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

$0 $0 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

$0 $0 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

160.100 -Tree Seedling Nursery

Appropriation (HB 106)

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

$133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

$133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080

Section 26: Governor, Office of the
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

Section Total - Continuation $57,604,463 $57,604,463 $112,177,734 $108,363,384 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325

$57,604,463 $57,604,463 $112,177,734 $108,363,384
$3,814,350 $2,175,809
$500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325

$57,604,463 $57,604,463 $112,177,734 $108,363,384
$3,814,350 $2,175,809
$500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325

FRIDAY, MARCH 22, 2013

3289

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$147,325

$147,325

$147,325

$172,105,331 $172,105,331 $172,105,331

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $55,707,072 $55,707,072 $112,378,204 $108,363,384 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $170,408,410

$49,133,353 $49,133,353 $112,378,204 $108,363,384
$200,470 $3,814,350 $2,175,809
$500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $163,834,691

$50,922,406 $50,922,406 $112,378,204 $108,363,384
$200,470 $3,814,350 $2,175,809
$500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $165,623,744

Governor's Emergency Fund

Continuation Budget

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$22,578,261 $22,578,261 $22,578,261

$22,578,261 $22,578,261 $22,578,261

$22,578,261 $22,578,261 $22,578,261

161.1 Reduce funds for the Unemployment Trust Fund loan interest payment from $19,108,685 to $12,331,991 to reflect the actual need for the interest payment due September 30, 2013.

State General Funds

($6,776,694) ($6,776,694) ($6,776,694)

161.100 -Governor's Emergency Fund

Appropriation (HB 106)

The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government.

3290

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$15,801,567 $15,801,567 $15,801,567

$15,801,567 $15,801,567 $15,801,567

$15,801,567 $15,801,567 $15,801,567

Governor's Office

Continuation Budget

The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining

order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per OCGA 45-7-4 shall be $40,000.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$5,987,885 $5,987,885
$100,000 $100,000 $100,000 $6,087,885

$5,987,885 $5,987,885
$100,000 $100,000 $100,000 $6,087,885

$5,987,885 $5,987,885
$100,000 $100,000 $100,000 $6,087,885

162.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$105,412

162.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$25,673

162.3 Reduce funds for operations. State General Funds

($179,637)

$105,412 $25,673 ($179,637)

$105,412 $25,673 ($179,637)

162.100 -Governor's Office

Appropriation (HB 106)

The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining

order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per OCGA 45-7-4 shall be $40,000.

TOTAL STATE FUNDS

$5,939,333

$5,939,333

$5,939,333

State General Funds

$5,939,333

$5,939,333

$5,939,333

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Intergovernmental Transfers

$100,000

$100,000

$100,000

Intergovernmental Transfers Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$6,039,333

$6,039,333

$6,039,333

Planning and Budget, Governor's Office of

Continuation Budget

The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and

implementation of budgets, plans, programs, and policies.

FRIDAY, MARCH 22, 2013

3291

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,043,611 $8,043,611 $8,043,611

$8,043,611 $8,043,611 $8,043,611

$8,043,611 $8,043,611 $8,043,611

163.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$117,121

163.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($43,863)

163.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$6,823

163.4 Reduce funds for operations. State General Funds

($228,808)

163.5 Reduce funds for the American Indian Council Contract. State General Funds

($12,500)

$117,121 ($43,863)
$6,823 ($228,808)
($12,500)

$117,121 ($43,863)
$6,823 ($228,808)
($12,500)

163.100 -Planning and Budget, Governor's Office of

Appropriation (HB 106)

The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and

implementation of budgets, plans, programs, and policies.

TOTAL STATE FUNDS

$7,882,384

$7,882,384

$7,882,384

State General Funds

$7,882,384

$7,882,384

$7,882,384

TOTAL PUBLIC FUNDS

$7,882,384

$7,882,384

$7,882,384

Child Advocate, Office of the

Continuation Budget

The purpose of this appropriation is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of

children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$841,704 $841,704 $89,558 $89,558
$25 $25 $25 $931,287

$841,704 $841,704 $89,558 $89,558
$25 $25 $25 $931,287

$841,704 $841,704 $89,558 $89,558
$25 $25 $25 $931,287

3292

JOURNAL OF THE HOUSE

164.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$15,919

164.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,833

164.3 Reduce funds for operations. State General Funds

($14,251)

164.4 Reduce funds for information technology. State General Funds

($2,000)

164.5 Reduce funds for contracts. State General Funds

($9,000)

164.6 Reduce funds for personnel. State General Funds

($11,463)

$15,919 $1,833
($14,251) ($2,000) ($9,000) ($11,463)

$15,919 $1,833
($14,251) ($2,000) ($9,000) ($11,463)

164.100 -Child Advocate, Office of the

Appropriation (HB 106)

The purpose of this appropriation is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of

children.

TOTAL STATE FUNDS

$822,742

$822,742

$822,742

State General Funds

$822,742

$822,742

$822,742

TOTAL FEDERAL FUNDS

$89,558

$89,558

$89,558

Federal Funds Not Itemized

$89,558

$89,558

$89,558

TOTAL AGENCY FUNDS

$25

$25

$25

Sales and Services

$25

$25

$25

Sales and Services Not Itemized

$25

$25

$25

TOTAL PUBLIC FUNDS

$912,325

$912,325

$912,325

Children and Families, Governor's Office for

Continuation Budget

The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668

$2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668

$2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668

FRIDAY, MARCH 22, 2013

3293

165.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$7,515

$7,515

$7,515

165.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$38,824

$38,824

$38,824

165.3 Increase funds to provide for the creation of community based Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders. (H and S:NO; Reflect community based Juvenile Incentive Funding Grant program in the Criminal Justice Coordinating Council)

State General Funds

$5,000,000

$0

$0

165.4 Reduce funds for implementing new Community Strategy grants. State General Funds

($87,182)

($87,182)

($87,182)

165.5 Recognize an Executive Order creating the Juvenile Court Incentive Granting Committee of the Governor's Office of Children and Families. (G:YES)(H:NO)(S:NO)

State General Funds

$0

$0

$0

165.6 Recognize funds for sexual assault centers. (H:YES)(S:YES) Preventive Health & Health Services Block Grant CFDA93.991

$200,470

$200,470

$200,470

165.7 Reduce funds to reflect the completion of the final year of funding for community based grants. State General Funds

($1,852,719)

$0

165.8 Continue the use of $240,000 for the Child Advocacy Centers of Georgia to ensure maximum federal grant funding, quality assurance, and center support. (H:YES)(S:It is the intent of the General Assembly that the Governor's Office for Children and Families utilize no more than $175,000 for the Child Advocacy Centers of Georgia administration and oversight to ensure maximum federal grant funding, quality assurance, and center support)

State General Funds

$0

$0

165.9

The Governor's Office of Children and Families shall present a plan to the General Assembly by July 1, 2013 to convert grants issued to an updated funding formula that will be phased in incrementally over a three year period. (H:YES)(S:It is the intent of the General Assembly that the Governor's Office for Children and Families shall present a plan to the General Assembly by July 1, 2013 to convert to an updated funding formula that will be phased in incrementally over a three year period and to quantify the impact of such formula change on local job loss or gain and on the number of clients served)

State General Funds

$0

$0

165.10

Transfer funds from the Department of Human Services Administration program for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to shelters. (S:Transfer funds from the Department of Human Services Administration program to the Governor's Office for Children and Families for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to domestic violence shelters and sexual assault centers)

State General Funds

$279,000

$279,000

3294

JOURNAL OF THE HOUSE

165.11 No grants distributed through this office shall be financially penalized for administrative errors without a 30-day grace period and adequate communication of such error. (H:YES)(S:It is the intent of the General Assembly that no grants or applications for grants distributed through this office shall be financially penalized for administrative errors without a 30-day grace period and adequate communication of such error)

State General Funds

$0

$0

165.12 It is the intent of the General Assembly that the Governor's Office for Children and Families shall administer FY2014 grants to domestic violence shelters based on the allocation formula and indirect costs classification utilized for these grants in FY2013. (S:YES)

State General Funds

$0

165.100 -Children and Families, Governor's Office for

Appropriation (HB 106)

The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

TOTAL STATE FUNDS

$7,865,229

$1,291,510

$3,144,229

State General Funds

$7,865,229

$1,291,510

$3,144,229

TOTAL FEDERAL FUNDS

$8,416,066

$8,416,066

$8,416,066

Federal Funds Not Itemized

$4,401,246

$4,401,246

$4,401,246

Preventive Health & Health Services Block Grant CFDA93.991

$200,470

$200,470

$200,470

FFIND Temp. Assistance for Needy Families CFDA93.558

$3,814,350

$3,814,350

$3,814,350

TOTAL PUBLIC FUNDS

$16,281,295

$9,707,576 $11,560,295

Emergency Management Agency, Georgia

Continuation Budget

The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other

resources and supporting local governments to respond to major disasters and emergency events, and to coordinate state resources for the preparation and

prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,108,027 $2,108,027 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065

$2,108,027 $2,108,027 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065

$2,108,027 $2,108,027 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065

FRIDAY, MARCH 22, 2013

3295

166.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$25,637

166.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$19,934

166.3 Reduce funds for personnel and eliminate one position. State General Funds

($45,227)

166.4 Reduce funds for communications. State General Funds

($1,851)

166.5 Reduce funds for the Civil Air Patrol contract. State General Funds

($16,163)

$25,637 $19,934 ($45,227) ($1,851) ($16,163)

$25,637 $19,934 ($45,227) ($1,851) ($16,163)

166.100 -Emergency Management Agency, Georgia

Appropriation (HB 106)

The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other

resources and supporting local governments to respond to major disasters and emergency events, and to coordinate state resources for the preparation and

prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

TOTAL STATE FUNDS

$2,090,357

$2,090,357

$2,090,357

State General Funds

$2,090,357

$2,090,357

$2,090,357

TOTAL FEDERAL FUNDS

$29,703,182 $29,703,182 $29,703,182

Federal Funds Not Itemized

$29,703,182 $29,703,182 $29,703,182

TOTAL AGENCY FUNDS

$660,531

$660,531

$660,531

Reserved Fund Balances

$500,000

$500,000

$500,000

Reserved Fund Balances Not Itemized

$500,000

$500,000

$500,000

Sales and Services

$160,531

$160,531

$160,531

Sales and Services Not Itemized

$160,531

$160,531

$160,531

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$147,325

$147,325

$147,325

State Funds Transfers

$147,325

$147,325

$147,325

Agency to Agency Contracts

$147,325

$147,325

$147,325

TOTAL PUBLIC FUNDS

$32,601,395 $32,601,395 $32,601,395

Equal Opportunity, Georgia Commission on

Continuation Budget

The purpose of this appropriation is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act, which makes it

unlawful to discriminate against any individual.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$473,461 $473,461 $395,550

$473,461 $473,461 $395,550

$473,461 $473,461 $395,550

3296

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$395,550 $869,011

$395,550 $869,011

$395,550 $869,011

167.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$10,989

167.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($604)

167.3 Increase funds to replace the loss of federal funds. State General Funds

$169,751

$10,989 ($604)
$169,751

$10,989 ($604)
$169,751

167.100 -Equal Opportunity, Georgia Commission on

Appropriation (HB 106)

The purpose of this appropriation is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act, which makes it

unlawful to discriminate against any individual.

TOTAL STATE FUNDS

$653,597

$653,597

$653,597

State General Funds

$653,597

$653,597

$653,597

TOTAL FEDERAL FUNDS

$395,550

$395,550

$395,550

Federal Funds Not Itemized

$395,550

$395,550

$395,550

TOTAL PUBLIC FUNDS

$1,049,147

$1,049,147

$1,049,147

Professional Standards Commission, Georgia

Continuation Budget

The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator

professional preparation, performance, and ethics.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,954,848 $5,954,848
$411,930 $411,930
$500 $500 $500 $6,367,278

$5,954,848 $5,954,848
$411,930 $411,930
$500 $500 $500 $6,367,278

$5,954,848 $5,954,848
$411,930 $411,930
$500 $500 $500 $6,367,278

168.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$99,644

168.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$130

$99,644 $130

$99,644 $130

FRIDAY, MARCH 22, 2013

3297

168.3 Reduce funds for operations. State General Funds

($49,645)

($49,645)

($49,645)

168.4 Reduce funds for contracts. State General Funds

($71,000)

($71,000)

($71,000)

168.5 Reduce funds for information technology. State General Funds

($58,000)

($58,000)

($58,000)

168.6 Reduce funds for telecommunications. State General Funds

($3,214)

($3,214)

($3,214)

168.7 Increase funds for staff development to align professional learning with results in improved student achievement. (H and S:Increase funds to align professional learning with results in improved student achievement)

State General Funds

$250,000

$250,000

$250,000

168.100 -Professional Standards Commission, Georgia

Appropriation (HB 106)

The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator

professional preparation, performance, and ethics.

TOTAL STATE FUNDS

$6,122,763

$6,122,763

$6,122,763

State General Funds

$6,122,763

$6,122,763

$6,122,763

TOTAL FEDERAL FUNDS

$411,930

$411,930

$411,930

Federal Funds Not Itemized

$411,930

$411,930

$411,930

TOTAL AGENCY FUNDS

$500

$500

$500

Sales and Services

$500

$500

$500

Sales and Services Not Itemized

$500

$500

$500

TOTAL PUBLIC FUNDS

$6,535,193

$6,535,193

$6,535,193

Consumer Protection, Governor's Office of

Continuation Budget

The purpose of this appropriation is to protect consumers and legitimate business enterprises from unfair and deceptive business practices through the

enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties

$5,682,565 $5,682,565 $1,414,753
$747,064 $747,064 $500,000 $500,000 $167,689

$5,682,565 $5,682,565 $1,414,753
$747,064 $747,064 $500,000 $500,000 $167,689

$5,682,565 $5,682,565 $1,414,753
$747,064 $747,064 $500,000 $500,000 $167,689

3298

JOURNAL OF THE HOUSE

Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$167,689 $7,097,318

$167,689 $7,097,318

$167,689 $7,097,318

169.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$84,613

$84,613

$84,613

169.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($140,749)

($140,749)

($140,749)

169.3 Reduce funds for personnel and operations. State General Funds

($170,477)

($170,477)

($170,477)

169.4 Transfer funds from the Office of Consumer Protection to the Department of Administrative Services for Team Georgia personnel and operations.

State General Funds

($350,000)

($350,000)

($350,000)

169.100 -Consumer Protection, Governor's Office of

Appropriation (HB 106)

The purpose of this appropriation is to protect consumers and legitimate business enterprises from unfair and deceptive business practices through the

enforcement of the Fair Business Practices Act and other related consumer protection statutes.

TOTAL STATE FUNDS

$5,105,952

$5,105,952

$5,105,952

State General Funds

$5,105,952

$5,105,952

$5,105,952

TOTAL AGENCY FUNDS

$1,414,753

$1,414,753

$1,414,753

Rebates, Refunds, and Reimbursements

$747,064

$747,064

$747,064

Rebates, Refunds, and Reimbursements Not Itemized

$747,064

$747,064

$747,064

Sales and Services

$500,000

$500,000

$500,000

Sales and Services Not Itemized

$500,000

$500,000

$500,000

Sanctions, Fines, and Penalties

$167,689

$167,689

$167,689

Sanctions, Fines, and Penalties Not Itemized

$167,689

$167,689

$167,689

TOTAL PUBLIC FUNDS

$6,520,705

$6,520,705

$6,520,705

Governor's Office of Workforce Development The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $73,361,918 $73,361,918 $73,361,918

$0 $0 $73,361,918 $73,361,918 $73,361,918

$0 $0 $73,361,918 $73,361,918 $73,361,918

170.1 Adjust funds.

Federal Funds Not Itemized

$0

FRIDAY, MARCH 22, 2013

3299

170.100 -Governor's Office of Workforce Development The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.

Appropriation (HB 106)

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$73,361,918 $73,361,918 $73,361,918

$73,361,918 $73,361,918 $73,361,918

$73,361,918 $73,361,918 $73,361,918

Office of the State Inspector General

Continuation Budget

The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and

abuse.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$572,486 $572,486 $572,486

$572,486 $572,486 $572,486

$572,486 $572,486 $572,486

171.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$10,688

171.2 Reduce funds for personnel and operations. State General Funds

($17,175)

$10,688 ($17,175)

$10,688 ($17,175)

171.100 -Office of the State Inspector General

Appropriation (HB 106)

The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and

abuse.

TOTAL STATE FUNDS

$565,999

$565,999

$565,999

State General Funds

$565,999

$565,999

$565,999

TOTAL PUBLIC FUNDS

$565,999

$565,999

$565,999

Student Achievement, Office of

Continuation Budget

The purpose of this appropriation is to support educational accountability, evaluation, and reporting efforts, establishment of standards on state assessments, the

preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,455,543 $2,455,543 $2,455,543

$2,455,543 $2,455,543 $2,455,543

$2,455,543 $2,455,543 $2,455,543

172.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$14,131

$14,131

$14,131

3300

JOURNAL OF THE HOUSE

172.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$651

$651

172.3 Reduce funds for contracts. State General Funds

($10,000)

($10,000)

172.4 Transfer funds from the Department of Education to the Office of Student Achievement Reading Mentors program for technology.

State General Funds

$396,824

$396,824

172.5 Reduce funds for personnel. State General Funds

$651 ($10,000) $396,824 ($63,666)

172.100 -Student Achievement, Office of

Appropriation (HB 106)

The purpose of this appropriation is to support educational accountability, evaluation, and reporting efforts, establishment of standards on state assessments, the

preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts.

TOTAL STATE FUNDS

$2,857,149

$2,857,149

$2,793,483

State General Funds

$2,857,149

$2,857,149

$2,793,483

TOTAL PUBLIC FUNDS

$2,857,149

$2,857,149

$2,793,483

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.

Section 27: Human Services, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families

Section Total - Continuation $491,702,876 $485,511,070 $6,191,806 $995,762,671 $398,350,627 $1,308,661 $10,191,339 $15,977,927 $73,127,428 $51,766,614 $60,527,005 $53,771,331 $321,190,139

$491,702,876 $485,511,070
$6,191,806 $995,762,671 $398,350,627
$1,308,661 $10,191,339 $15,977,927 $73,127,428 $51,766,614 $60,527,005 $53,771,331 $321,190,139

$491,702,876 $485,511,070
$6,191,806 $995,762,671 $398,350,627
$1,308,661 $10,191,339 $15,977,927 $73,127,428 $51,766,614 $60,527,005 $53,771,331 $321,190,139

FRIDAY, MARCH 22, 2013

3301

Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances
Reserved Fund Balances Not Itemized Intergovernmental Transfers
Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers

$321,190,139 $9,551,600
$68,433,622 $46,500 $46,500 $729,513 $729,513
$10,221,755 $10,221,755 $57,435,854 $57,435,854
$508,249 $508,249 $508,249 $1,556,407,418

$321,190,139 $9,551,600
$68,433,622 $46,500 $46,500 $729,513 $729,513
$10,221,755 $10,221,755 $57,435,854 $57,435,854
$508,249 $508,249 $508,249 $1,556,407,418

$321,190,139 $9,551,600
$68,433,622 $46,500 $46,500 $729,513 $729,513
$10,221,755 $10,221,755 $57,435,854 $57,435,854
$508,249 $508,249 $508,249 $1,556,407,418

Section Total - Final $487,001,751 $480,809,945 $6,191,806 $994,563,420 $396,938,127 $1,308,661
$10,191,339
$15,977,927 $73,000,590 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139
$9,551,600 $68,433,622
$46,500 $46,500 $729,513 $729,513 $10,221,755

$492,512,266 $486,320,460
$6,191,806 $995,541,406 $396,938,127
$1,308,661
$10,191,339
$15,977,927 $73,978,576 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139
$9,551,600 $68,433,622
$46,500 $46,500 $729,513 $729,513 $10,221,755

$488,749,536 $482,557,730
$6,191,806 $995,052,413 $396,938,127
$0 $1,308,661
$0 $10,191,339 $15,977,927 $73,489,583 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139
$9,551,600 $68,433,622
$46,500 $46,500 $729,513 $729,513 $10,221,755

3302

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$10,221,755 $57,435,854 $57,435,854
$508,249 $508,249 $508,249 $1,550,507,042

$10,221,755 $57,435,854 $57,435,854
$508,249 $508,249 $508,249 $1,556,995,543

$10,221,755 $57,435,854 $57,435,854
$508,249 $508,249 $508,249 $1,552,743,820

Adoption Services

Continuation Budget

The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and

financial services after adoption.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $87,753,710

$34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $87,753,710

$34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000
$46,500 $46,500 $46,500 $87,753,710

173.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$35,648

$35,648

173.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014.

State General Funds

($62,329)

($62,329)

$35,648 ($62,329)

173.100 -Adoption Services

Appropriation (HB 106)

The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and

financial services after adoption.

TOTAL STATE FUNDS

$34,230,598 $34,230,598 $34,230,598

State General Funds

$34,230,598 $34,230,598 $34,230,598

TOTAL FEDERAL FUNDS

$53,449,931 $53,449,931 $53,449,931

Federal Funds Not Itemized

$37,049,931 $37,049,931 $37,049,931

Temporary Assistance for Needy Families

$16,400,000 $16,400,000 $16,400,000

Temporary Assistance for Needy Families Grant CFDA93.558

$16,400,000 $16,400,000 $16,400,000

TOTAL AGENCY FUNDS

$46,500

$46,500

$46,500

Contributions, Donations, and Forfeitures

$46,500

$46,500

$46,500

FRIDAY, MARCH 22, 2013

3303

Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS

$46,500 $87,727,029

$46,500 $87,727,029

$46,500 $87,727,029

After School Care

Continuation Budget

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$0 $0 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720

$0 $0 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720

$0 $0 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720

174.100 -After School Care

Appropriation (HB 106)

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$15,691,720 $191,720
$15,500,000 $15,500,000 $15,691,720

$15,691,720 $191,720
$15,500,000 $15,500,000 $15,691,720

$15,691,720 $191,720
$15,500,000 $15,500,000 $15,691,720

Child Care Licensing

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658
TOTAL PUBLIC FUNDS

$1,581,992 $1,581,992
$638,414 $638,414 $2,220,406

$1,581,992 $1,581,992
$638,414 $638,414 $2,220,406

$1,581,992 $1,581,992
$638,414 $638,414 $2,220,406

175.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$8,023

175.2 Reduce funds for personnel for one vacant surveyor position.
State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds:

($47,461) ($19,151) ($66,612)

$8,023
($47,461) ($19,151) ($66,612)

$8,023
($47,461) ($19,151) ($66,612)

3304

JOURNAL OF THE HOUSE

175.100 -Child Care Licensing

Appropriation (HB 106)

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 STATE FUNDS

$1,542,554

$1,542,554

$1,542,554

State General Funds

$1,542,554

$1,542,554

$1,542,554

TOTAL FEDERAL FUNDS

$619,263

$619,263

$619,263

Foster Care Title IV-E CFDA93.658

$619,263

$619,263

$619,263

TOTAL PUBLIC FUNDS

$2,161,817

$2,161,817

$2,161,817

Child Care Services

Continuation Budget

The purpose of this appropriation is to permit low income families to be self-reliant while protecting the safety and well-being of their children by ensuring

access to child care.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS

$0 $0 $9,082,178 $9,082,178 $9,082,178

$0 $0 $9,082,178 $9,082,178 $9,082,178

$0 $0 $9,082,178 $9,082,178 $9,082,178

176.1 Transfer funds from the Department of Human Services Child Care Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source.

Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Total Public Funds:

($9,082,178) $9,082,178
$0

176.100 -Child Care Services

Appropriation (HB 106)

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 FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS

$9,082,178 $9,082,178
$9,082,178

$9,082,178 $9,082,178
$9,082,178

$9,082,178 $0
$9,082,178 $9,082,178

Child Support Services The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

Continuation Budget

TOTAL STATE FUNDS State General Funds

$24,606,037 $24,606,037

$24,606,037 $24,606,037

$24,606,037 $24,606,037

FRIDAY, MARCH 22, 2013

3305

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$71,240,292 $71,120,292
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $99,083,589

$71,240,292 $71,120,292
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $99,083,589

$71,240,292 $71,120,292
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $99,083,589

177.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$450,544

177.2 Reduce funds for personnel for 35 vacant positions.
State General Funds Federal Funds Not Itemized Total Public Funds:

($526,670) ($1,022,359) ($1,549,029)

177.3 Reduce funds for operations.
State General Funds Federal Funds Not Itemized Total Public Funds:

($145,507) ($282,455) ($427,962)

$450,544
($526,670) ($1,022,359) ($1,549,029)
($145,507) ($282,455) ($427,962)

$450,544
($526,670) ($1,022,359) ($1,549,029)
($145,507) ($282,455) ($427,962)

177.100 -Child Support Services

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS

$24,384,404

State General Funds

$24,384,404

TOTAL FEDERAL FUNDS

$69,935,478

Federal Funds Not Itemized

$69,815,478

Social Services Block Grant CFDA93.667

$120,000

TOTAL AGENCY FUNDS

$2,841,500

Sales and Services

$2,841,500

Sales and Services Not Itemized

$2,841,500

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$395,760

State Funds Transfers

$395,760

Agency to Agency Contracts

$395,760

TOTAL PUBLIC FUNDS

$97,557,142

Appropriation (HB 106)

$24,384,404 $24,384,404 $69,935,478 $69,815,478
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $97,557,142

$24,384,404 $24,384,404 $69,935,478 $69,815,478
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $97,557,142

3306

JOURNAL OF THE HOUSE

Child Welfare Services

Continuation Budget

The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and

strengthen the family.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$92,366,911 $92,366,911 $148,169,258 $28,676,636
$189,956 $29,203,771
$159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000
$112,489 $112,489 $112,489 $249,148,658

$92,366,911 $92,366,911 $148,169,258 $28,676,636
$189,956 $29,203,771
$159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000
$112,489 $112,489 $112,489 $249,148,658

$92,366,911 $92,366,911 $148,169,258 $28,676,636
$189,956 $29,203,771
$159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000
$112,489 $112,489 $112,489 $249,148,658

178.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,605,855

$1,605,855

$1,605,855

178.2 Reduce funds for the appropriation in line 178.101. Temporary Assistance for Needy Families Grant CFDA93.558

($250,000)

($250,000)

($250,000)

178.3 Transfer funds from the Department of Human Services Child Welfare Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source.

CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds:

($189,956) $189,956
$0

178.100 -Child Welfare Services

Appropriation (HB 106)

The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and

strengthen the family.

TOTAL STATE FUNDS

$93,972,766 $93,972,766 $93,972,766

State General Funds

$93,972,766 $93,972,766 $93,972,766

TOTAL FEDERAL FUNDS

$147,919,258 $147,919,258 $147,919,258

FRIDAY, MARCH 22, 2013

3307

Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$28,676,636 $189,956
$29,203,771 $159,050
$9,089,845 $80,600,000 $80,600,000
$8,500,000 $8,500,000 $8,500,000
$112,489 $112,489 $112,489 $250,504,513

$28,676,636 $189,956
$29,203,771 $159,050
$9,089,845 $80,600,000 $80,600,000
$8,500,000 $8,500,000 $8,500,000
$112,489 $112,489 $112,489 $250,504,513

$28,676,636 $0
$189,956 $29,203,771
$159,050 $9,089,845 $80,600,000 $80,600,000 $8,500,000 $8,500,000 $8,500,000
$112,489 $112,489 $112,489 $250,504,513

178.101 Special Project - Child Welfare Services: The purpose of this appropriation is to increase funds for Child Advocacy Centers.

Temporary Assistance for Needy Families Grant CFDA93.558

$250,000

$250,000

$250,000

Community Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS

$0 $0 $15,884,951 $15,884,951 $15,884,951

$0 $0 $15,884,951 $15,884,951 $15,884,951

$0 $0 $15,884,951 $15,884,951 $15,884,951

179.100 -Community Services

Appropriation (HB 106)

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 FEDERAL FUNDS Community Services Block Grant CFDA93.569
TOTAL PUBLIC FUNDS

$15,884,951 $15,884,951 $15,884,951

$15,884,951 $15,884,951 $15,884,951

$15,884,951 $15,884,951 $15,884,951

Departmental Administration

Continuation Budget

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.

3308

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$37,586,501 $37,586,501 $47,368,168 $24,865,979
$1,118,705 $209,161 $92,976
$5,697,821 $200,000
$4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736

$37,586,501 $37,586,501 $47,368,168 $24,865,979
$1,118,705 $209,161 $92,976
$5,697,821 $200,000
$4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736

$37,586,501 $37,586,501 $47,368,168 $24,865,979
$1,118,705 $209,161 $92,976
$5,697,821 $200,000
$4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736

180.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$770,674

180.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($4,618,034)

180.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$23,043

180.4 Reduce funds for operations.
State General Funds Federal Funds Not Itemized Total Public Funds:

($86,266) ($15,772) ($102,038)

180.5 Reduce funds for personnel. State General Funds

($339,543)

180.6 Reduce funds for information technology.
State General Funds Federal Funds Not Itemized Total Public Funds:

($81,110) ($31,543) ($112,653)

$770,674
($4,618,034)
$23,043
($86,266) ($15,772) ($102,038)
($339,543)
($81,110) ($31,543) ($112,653)

$770,674
($4,618,034)
$23,043
($86,266) ($15,772) ($102,038)
($339,543)
($81,110) ($31,543) ($112,653)

FRIDAY, MARCH 22, 2013

3309

180.7 Reduce funds for information technology contracts.
State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Federal Funds Not Itemized Total Public Funds:

($717,450) ($107,687) ($110,950)
($60,371) ($996,458)

($717,450) ($107,687) ($110,950)
($60,371) ($996,458)

($717,450) ($107,687) ($110,950)
($60,371) ($996,458)

180.8 Reduce funds added in HB742 (2012 Session) for the Liberty County Division of Family and Children Services (DFCS) Office.

State General Funds

($50,000)

($50,000)

180.9 Transfer funds to the Governor's Office of Children and Families for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to shelters.

State General Funds

($279,000)

($279,000)

180.10 Transfer funds from the Department of Human Services Departmental Administration program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source.

Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 FFIND Child Care and Development Block Grant CFDA93.575 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds:

($209,161) ($1,118,705)
$209,161 $1,118,705
$0

180.11 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

($141,406)

180.100-Departmental Administration

Appropriation (HB 106)

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 STATE FUNDS

$32,537,815 $32,208,815 $32,067,409

State General Funds

$32,537,815 $32,208,815 $32,067,409

TOTAL FEDERAL FUNDS

$47,041,845 $47,041,845 $47,041,845

Federal Funds Not Itemized

$24,758,293 $24,758,293 $24,758,293

CCDF Mandatory & Matching Funds CFDA93.596

$1,118,705

$1,118,705

$0

FFIND CCDF Mandatory & Matching Funds CFDA93.596

$1,118,705

Child Care & Development Block Grant CFDA93.575

$209,161

$209,161

$0

FFIND Child Care and Development Block Grant CFDA93.575

$209,161

Community Services Block Grant CFDA93.569

$92,976

$92,976

$92,976

Foster Care Title IV-E CFDA93.658

$5,590,134

$5,590,134

$5,590,134

Low-Income Home Energy Assistance CFDA93.568

$200,000

$200,000

$200,000

Medical Assistance Program CFDA93.778

$4,437,952

$4,437,952

$4,437,952

Social Services Block Grant CFDA93.667

$2,539,375

$2,539,375

$2,539,375

Temporary Assistance for Needy Families

$8,095,249

$8,095,249

$8,095,249

3310

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,095,249 $15,288,067 $15,288,067 $15,288,067 $94,867,727

$8,095,249 $15,288,067 $15,288,067 $15,288,067 $94,538,727

$8,095,249 $15,288,067 $15,288,067 $15,288,067 $94,397,321

Elder Abuse Investigations and Prevention

Continuation Budget

The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might

have occurred.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL PUBLIC FUNDS

$14,212,422 $14,212,422
$3,573,433 $793,894 $500,000
$2,279,539 $17,785,855

$14,212,422 $14,212,422
$3,573,433 $793,894 $500,000
$2,279,539 $17,785,855

$14,212,422 $14,212,422
$3,573,433 $793,894 $500,000
$2,279,539 $17,785,855

181.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$270,163

181.2 Reduce funds for personnel for 17 family service workers. (S:Reduce funds for personnel) State General Funds

($528,871)

$270,163 $0

$270,163 ($264,436)

181.100 -Elder Abuse Investigations and Prevention

Appropriation (HB 106)

The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might

have occurred.

TOTAL STATE FUNDS

$13,953,714 $14,482,585 $14,218,149

State General Funds

$13,953,714 $14,482,585 $14,218,149

TOTAL FEDERAL FUNDS

$3,573,433

$3,573,433

$3,573,433

Federal Funds Not Itemized

$793,894

$793,894

$793,894

Medical Assistance Program CFDA93.778

$500,000

$500,000

$500,000

Social Services Block Grant CFDA93.667

$2,279,539

$2,279,539

$2,279,539

TOTAL PUBLIC FUNDS

$17,527,147 $18,056,018 $17,791,582

Elder Community Living Services

Continuation Budget

The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

TOTAL STATE FUNDS State General Funds

$71,786,918 $66,713,041

$71,786,918 $66,713,041

$71,786,918 $66,713,041

FRIDAY, MARCH 22, 2013

3311

Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS

$5,073,877 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $113,203,720

$5,073,877 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $113,203,720

$5,073,877 $41,416,802 $23,890,113 $13,765,259
$3,761,430 $113,203,720

182.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$13,113

$13,113

$13,113

182.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014.

State General Funds

($144,298)

($144,298)

($144,298)

182.3 Transfer funds from the Elder Community Living Services program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program for the Center for the Visually Impaired contract.

State General Funds

($177,859)

($177,859)

($177,859)

182.4 Replace funds.
State General Funds Tobacco Settlement Funds Total Public Funds:

($1,117,929) $1,117,929
$0

($1,117,929) $1,117,929
$0

($1,117,929) $1,117,929
$0

182.5 Reduce funds for contracts. State General Funds

($484,559)

$0

$0

182.100 -Elder Community Living Services

Appropriation (HB 106)

The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

TOTAL STATE FUNDS

$70,993,315 $71,477,874 $71,477,874

State General Funds

$64,801,509 $65,286,068 $65,286,068

Tobacco Settlement Funds

$6,191,806

$6,191,806

$6,191,806

TOTAL FEDERAL FUNDS

$41,416,802 $41,416,802 $41,416,802

Federal Funds Not Itemized

$23,890,113 $23,890,113 $23,890,113

Medical Assistance Program CFDA93.778

$13,765,259 $13,765,259 $13,765,259

Social Services Block Grant CFDA93.667

$3,761,430

$3,761,430

$3,761,430

TOTAL PUBLIC FUNDS

$112,410,117 $112,894,676 $112,894,676

Elder Support Services

Continuation Budget

The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition,

and other support and education services.

3312

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517

$2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517

$2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517

183.1 Replace funds.
State General Funds Tobacco Settlement Funds Total Public Funds:

$1,117,929 ($1,117,929)
$0

$1,117,929 ($1,117,929)
$0

$1,117,929 ($1,117,929)
$0

183.100 -Elder Support Services

Appropriation (HB 106)

The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition,

and other support and education services.

TOTAL STATE FUNDS

$2,854,249

$2,854,249

$2,854,249

State General Funds

$2,854,249

$2,854,249

$2,854,249

TOTAL FEDERAL FUNDS

$5,866,268

$5,866,268

$5,866,268

Federal Funds Not Itemized

$5,866,268

$5,866,268

$5,866,268

TOTAL PUBLIC FUNDS

$8,720,517

$8,720,517

$8,720,517

Energy Assistance The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS

$0 $0 $51,201,001 $51,201,001 $51,201,001

$0 $0 $51,201,001 $51,201,001 $51,201,001

$0 $0 $51,201,001 $51,201,001 $51,201,001

184.100 -Energy Assistance The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

Appropriation (HB 106)

TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL PUBLIC FUNDS

$51,201,001 $51,201,001 $51,201,001

$51,201,001 $51,201,001 $51,201,001

$51,201,001 $51,201,001 $51,201,001

FRIDAY, MARCH 22, 2013

3313

Family Violence Services

Continuation Budget

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide

education about family violence to communities across the state.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$11,802,450 $11,802,450
$2,083,044 $2,083,044 $13,885,494

$11,802,450 $11,802,450
$2,083,044 $2,083,044 $13,885,494

$11,802,450 $11,802,450
$2,083,044 $2,083,044 $13,885,494

185.100 -Family Violence Services

Appropriation (HB 106)

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide

education about family violence to communities across the state.

TOTAL STATE FUNDS

$11,802,450 $11,802,450 $11,802,450

State General Funds

$11,802,450 $11,802,450 $11,802,450

TOTAL FEDERAL FUNDS

$2,083,044

$2,083,044

$2,083,044

Federal Funds Not Itemized

$2,083,044

$2,083,044

$2,083,044

TOTAL PUBLIC FUNDS

$13,885,494 $13,885,494 $13,885,494

Federal Eligibility Benefit Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$103,489,119 $103,489,119 $126,313,967 $61,705,452
$900,000 $2,882,030
$365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755
$12,409 $12,409 $240,037,250

$103,489,119 $103,489,119 $126,313,967 $61,705,452
$900,000 $2,882,030
$365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755
$12,409 $12,409 $240,037,250

$103,489,119 $103,489,119 $126,313,967 $61,705,452
$900,000 $2,882,030
$365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755
$12,409 $12,409 $240,037,250

3314

JOURNAL OF THE HOUSE

186.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,894,009

$1,894,009

$1,894,009

186.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,102,665) ($1,102,665) ($1,102,665)

186.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$5,502

$5,502

$5,502

186.4 Transfer funds from the Department of Human Services Federal Eligibility Benefit Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source.

Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Total Public Funds:

($900,000) $900,000
$0

186.5 Reduce funds to reflect savings in Electronic Benefit Transfer (EBT) transactions through efficiencies gained by the use of a new vendor.

State General Funds

($1,000,000)

186.100 -Federal Eligibility Benefit Services

Appropriation (HB 106)

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 STATE FUNDS

$104,285,965 $104,285,965 $103,285,965

State General Funds

$104,285,965 $104,285,965 $103,285,965

TOTAL FEDERAL FUNDS

$126,313,967 $126,313,967 $126,313,967

Federal Funds Not Itemized

$61,705,452 $61,705,452 $61,705,452

Child Care & Development Block Grant CFDA93.575

$900,000

$900,000

$0

FFIND Child Care and Development Block Grant CFDA93.575

$900,000

Foster Care Title IV-E CFDA93.658

$2,882,030

$2,882,030

$2,882,030

Low-Income Home Energy Assistance CFDA93.568

$365,613

$365,613

$365,613

Medical Assistance Program CFDA93.778

$40,832,012 $40,832,012 $40,832,012

Temporary Assistance for Needy Families

$19,628,860 $19,628,860 $19,628,860

Temporary Assistance for Needy Families Grant CFDA93.558

$19,628,860 $19,628,860 $19,628,860

TOTAL AGENCY FUNDS

$10,234,164 $10,234,164 $10,234,164

Intergovernmental Transfers

$10,221,755 $10,221,755 $10,221,755

Intergovernmental Transfers Not Itemized

$10,221,755 $10,221,755 $10,221,755

Sales and Services

$12,409

$12,409

$12,409

Sales and Services Not Itemized

$12,409

$12,409

$12,409

TOTAL PUBLIC FUNDS

$240,834,096 $240,834,096 $239,834,096

FRIDAY, MARCH 22, 2013

3315

Federal Fund Transfers to Other Agencies

Continuation Budget

The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible

expenditures under federal law.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

$0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

$0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

187.100 -Federal Fund Transfers to Other Agencies

Appropriation (HB 106)

The purpose of this appropriation is to reflect federal funds received by the Department of Human Services to be transferred to other agencies for eligible

expenditures under federal law.

TOTAL FEDERAL FUNDS Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

$61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

$61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742

Out of Home Care

Continuation Budget

The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or

abandonment.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$67,637,113 $67,637,113 $126,528,773
$89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886

$67,637,113 $67,637,113 $126,528,773
$89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886

$67,637,113 $67,637,113 $126,528,773
$89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886

188.1 Reduce funds added in HB742 (2012 Session) for KidsPeace. State General Funds

($50,000)

($50,000)

188.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014.

State General Funds

($65,349)

($65,349)

($50,000) ($65,349)

3316

JOURNAL OF THE HOUSE

188.3 Increase funds to reflect a 3% rate adjustment among all Out-of-Home Care providers. (S:Increase funds to reflect a 1.5% rate adjustment among all Out-of-Home Care providers)

State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds:

$4,826,085 $977,986
$5,804,071

$2,413,043 $488,993
$2,902,036

188.100 -Out of Home Care

Appropriation (HB 106)

The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or

abandonment.

TOTAL STATE FUNDS

$67,521,764 $72,347,849 $69,934,807

State General Funds

$67,521,764 $72,347,849 $69,934,807

TOTAL FEDERAL FUNDS

$126,528,773 $127,506,759 $127,017,766

Federal Funds Not Itemized

$89,022

$89,022

$89,022

Foster Care Title IV-E CFDA93.658

$34,705,392 $35,683,378 $35,194,385

Temporary Assistance for Needy Families

$91,734,359 $91,734,359 $91,734,359

Temporary Assistance for Needy Families Grant CFDA93.558

$91,734,359 $91,734,359 $91,734,359

TOTAL PUBLIC FUNDS

$194,050,537 $199,854,608 $196,952,573

Refugee Assistance

Continuation Budget

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $8,749,006 $8,749,006 $8,749,006

$0 $0 $8,749,006 $8,749,006 $8,749,006

$0 $0 $8,749,006 $8,749,006 $8,749,006

189.100 -Refugee Assistance

Appropriation (HB 106)

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$8,749,006 $8,749,006 $8,749,006

$8,749,006 $8,749,006 $8,749,006

$8,749,006 $8,749,006 $8,749,006

Support for Needy Families - Basic Assistance

Continuation Budget

The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance

for Needy Families program.

TOTAL STATE FUNDS State General Funds

$100,000 $100,000

$100,000 $100,000

$100,000 $100,000

FRIDAY, MARCH 22, 2013

3317

TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$51,382,361 $41,830,761 $41,830,761
$9,551,600 $51,482,361

$51,382,361 $41,830,761 $41,830,761
$9,551,600 $51,482,361

$51,382,361 $41,830,761 $41,830,761
$9,551,600 $51,482,361

190.100 -Support for Needy Families - Basic Assistance

Appropriation (HB 106)

The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance

for Needy Families program.

TOTAL STATE FUNDS

$100,000

$100,000

$100,000

State General Funds

$100,000

$100,000

$100,000

TOTAL FEDERAL FUNDS

$51,382,361 $51,382,361 $51,382,361

Temporary Assistance for Needy Families

$41,830,761 $41,830,761 $41,830,761

Temporary Assistance for Needy Families Grant CFDA93.558

$41,830,761 $41,830,761 $41,830,761

TANF Unobligated Balance per 42 USC 604

$9,551,600

$9,551,600

$9,551,600

TOTAL PUBLIC FUNDS

$51,482,361 $51,482,361 $51,482,361

Support for Needy Families - Work Assistance

Continuation Budget

The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with

Georgia's state plan for the federal Temporary Assistance for Needy Families program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483

$0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483

$0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483

191.100 -Support for Needy Families - Work Assistance

Appropriation (HB 106)

The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with

Georgia's state plan for the federal Temporary Assistance for Needy Families program.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$21,725,483 $362,173
$21,363,310 $21,363,310 $21,725,483

$21,725,483 $362,173
$21,363,310 $21,363,310 $21,725,483

$21,725,483 $362,173
$21,363,310 $21,363,310 $21,725,483

3318

JOURNAL OF THE HOUSE

Council on Aging

Continuation Budget

The purpose of this appropriation is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy,

independent and self-reliant lives.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$205,127 $205,127 $205,127

$205,127 $205,127 $205,127

$205,127 $205,127 $205,127

192.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$6,099

192.2 Reduce funds for personnel. State General Funds

($6,154)

$6,099 ($6,154)

$6,099 $0

192.100 -Council on Aging

Appropriation (HB 106)

The purpose of this appropriation is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy,

independent and self-reliant lives.

TOTAL STATE FUNDS

$205,072

$205,072

$211,226

State General Funds

$205,072

$205,072

$211,226

TOTAL PUBLIC FUNDS

$205,072

$205,072

$211,226

Family Connection

Continuation Budget

The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$9,032,225 $9,032,225
$721,782 $721,782 $9,754,007

$9,032,225 $9,032,225
$721,782 $721,782 $9,754,007

$9,032,225 $9,032,225
$721,782 $721,782 $9,754,007

193.1 Reduce funds for personnel for two vacant administrative positions. State General Funds
193.2 Replace funds. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($76,040)
($451,037) $451,037
$0

($76,040)
($451,037) $451,037
$0

($76,040)
($451,037) $451,037
$0

FRIDAY, MARCH 22, 2013

3319

193.100 -Family Connection

Appropriation (HB 106)

The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families.

TOTAL STATE FUNDS

$8,505,148

$8,505,148

$8,505,148

State General Funds

$8,505,148

$8,505,148

$8,505,148

TOTAL FEDERAL FUNDS

$1,172,819

$1,172,819

$1,172,819

Medical Assistance Program CFDA93.778

$1,172,819

$1,172,819

$1,172,819

TOTAL PUBLIC FUNDS

$9,677,967

$9,677,967

$9,677,967

Georgia Vocational Rehabilitation Agency: Business Enterprise Program

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$267,655 $267,655 $2,311,624 $2,311,624 $2,579,279

$267,655 $267,655 $2,311,624 $2,311,624 $2,579,279

$267,655 $267,655 $2,311,624 $2,311,624 $2,579,279

194.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$3,300

$3,300

$3,300

194.100 -Georgia Vocational Rehabilitation Agency: Business Enterprise Program

Appropriation (HB 106)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$270,955

$270,955

$270,955

State General Funds

$270,955

$270,955

$270,955

TOTAL FEDERAL FUNDS

$2,311,624

$2,311,624

$2,311,624

Federal Funds Not Itemized

$2,311,624

$2,311,624

$2,311,624

TOTAL PUBLIC FUNDS

$2,582,579

$2,582,579

$2,582,579

Georgia Vocational Rehabilitation Agency: Departmental Administration

Continuation Budget

The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful

employment.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937

$1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937

$1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937

3320

JOURNAL OF THE HOUSE

195.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$14,842

195.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$2,691

195.3 Reduce funds for personnel. State General Funds

($102,985)

$14,842 $2,691
($102,985)

$14,842 $2,691
($102,985)

195.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration

Appropriation (HB 106)

The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful

employment.

TOTAL STATE FUNDS

$1,316,074

$1,316,074

$1,316,074

State General Funds

$1,316,074

$1,316,074

$1,316,074

TOTAL FEDERAL FUNDS

$2,335,411

$2,335,411

$2,335,411

Federal Funds Not Itemized

$2,335,411

$2,335,411

$2,335,411

TOTAL PUBLIC FUNDS

$3,651,485

$3,651,485

$3,651,485

Georgia Vocational Rehabilitation Agency: Disability Adjudication Section

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $55,598,820 $55,598,820 $55,598,820

$0 $0 $55,598,820 $55,598,820 $55,598,820

$0 $0 $55,598,820 $55,598,820 $55,598,820

196.100 -Georgia Vocational Rehabilitation Agency: Disability Adjudication Section

Appropriation (HB 106)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$55,598,820 $55,598,820 $55,598,820

$55,598,820 $55,598,820 $55,598,820

$55,598,820 $55,598,820 $55,598,820

Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind

Continuation Budget

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$0 $0 $11,828,888

$0 $0 $11,828,888

$0 $0 $11,828,888

FRIDAY, MARCH 22, 2013

3321

Reserved Fund Balances Reserved Fund Balances Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$729,513 $729,513 $11,099,375 $11,099,375 $11,828,888

$729,513 $729,513 $11,099,375 $11,099,375 $11,828,888

$729,513 $729,513 $11,099,375 $11,099,375 $11,828,888

197.100 -Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind

Appropriation (HB 106)

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,828,888 $729,513 $729,513
$11,099,375 $11,099,375 $11,828,888

$11,828,888 $729,513 $729,513
$11,099,375 $11,099,375 $11,828,888

$11,828,888 $729,513 $729,513
$11,099,375 $11,099,375 $11,828,888

Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429

$5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429

$5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429

198.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$128,228

198.2 Reduce funds for personnel. State General Funds

($338,350)

198.3 Reduce funds for operations. State General Funds

($165,000)

$128,228 ($338,350) ($165,000)

$128,228 ($338,350) ($165,000)

198.100 -Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

Appropriation (HB 106)

3322

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,108,931 $5,108,931 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $30,991,307

$5,108,931 $5,108,931 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $30,991,307

$5,108,931 $5,108,931 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $30,991,307

Continuation Budget

$13,031,299 $13,031,299 $65,667,153 $65,667,153
$806,216 $806,216 $806,216 $79,504,668

$13,031,299 $13,031,299 $65,667,153 $65,667,153
$806,216 $806,216 $806,216 $79,504,668

$13,031,299 $13,031,299 $65,667,153 $65,667,153
$806,216 $806,216 $806,216 $79,504,668

199.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$206,819

$206,819

$206,819

199.2 Transfer funds from the Elder Community Living Services program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program for the Center for the Visually Impaired contract.

State General Funds

$177,859

$177,859

$177,859

199.3 Utilize savings in personnel for client services. (G:YES)(H:YES)(S:YES) State General Funds

$0

$0

$0

199.4 Transfer Happy Hour Services from Authorization and Invoice contracts to Community Rehabilitation Provider contracts. (H:YES)(S:NO)

State General Funds

$0

$0

199.5 Increase funds for the Georgia Radio Reading Service. State General Funds

$50,000

199.100 -Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work.

Appropriation (HB 106)

FRIDAY, MARCH 22, 2013

3323

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,415,977 $13,415,977 $65,667,153 $65,667,153
$806,216 $806,216 $806,216 $79,889,346

$13,415,977 $13,415,977 $65,667,153 $65,667,153
$806,216 $806,216 $806,216 $79,889,346

$13,465,977 $13,465,977 $65,667,153 $65,667,153
$806,216 $806,216 $806,216 $79,939,346

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.

Section 28: Insurance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Continuation $18,967,615 $18,967,615 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,191,813

$18,967,615 $18,967,615
$2,126,966 $2,126,966
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,191,813

$18,967,615 $18,967,615
$2,126,966 $2,126,966
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,191,813

3324

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $19,325,958 $19,325,958 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,550,156

$19,325,958 $19,325,958
$2,126,966 $2,126,966
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,550,156

$19,325,958 $19,325,958
$2,126,966 $2,126,966
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,550,156

Departmental Administration

Continuation Budget

The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a

fire safe environment.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,699,506 $1,699,506 $1,699,506

$1,699,506 $1,699,506 $1,699,506

$1,699,506 $1,699,506 $1,699,506

200.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$35,672

200.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$9,926

200.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$2,201

$35,672 $9,926 $2,201

$35,672 $9,926 $2,201

200.100-Departmental Administration

Appropriation (HB 106)

The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a

fire safe environment.

TOTAL STATE FUNDS

$1,747,305

$1,747,305

$1,747,305

State General Funds

$1,747,305

$1,747,305

$1,747,305

TOTAL PUBLIC FUNDS

$1,747,305

$1,747,305

$1,747,305

Enforcement

Continuation Budget

The purpose of this appropriation is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law

relating to insurance, industrial loan, fire safety, and fraud.

FRIDAY, MARCH 22, 2013

3325

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$743,485 $743,485 $743,485

$743,485 $743,485 $743,485

$743,485 $743,485 $743,485

201.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$13,337

$13,337

$13,337

201.100 -Enforcement

Appropriation (HB 106)

The purpose of this appropriation is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law

relating to insurance, industrial loan, fire safety, and fraud.

TOTAL STATE FUNDS

$756,822

$756,822

$756,822

State General Funds

$756,822

$756,822

$756,822

TOTAL PUBLIC FUNDS

$756,822

$756,822

$756,822

Fire Safety

Continuation Budget

The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life

and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing,

and regulating the storage, transportation, and handling of hazardous materials.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$7,403,077 $7,403,077 $1,123,107 $1,123,107
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416

$7,403,077 $7,403,077 $1,123,107 $1,123,107
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416

$7,403,077 $7,403,077 $1,123,107 $1,123,107
$15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416

202.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$147,894

202.2 Reduce funds for personnel. State General Funds

($239,261)

202.3 Eliminate funds for the Bureau of Labor Statistics contract. State General Funds

($140,000)

$147,894 ($239,261) ($140,000)

$147,894 ($239,261) ($140,000)

3326

JOURNAL OF THE HOUSE

202.4 Reduce funds for operations. State General Funds
202.5 Eliminate funds for the Department of Labor contract for information technology. State General Funds
202.6 Reduce funds to align budget with program expenditures. State General Funds

($8,332) ($112,188) ($144,832)

($8,332) ($112,188) ($144,832)

($8,332) ($112,188) ($144,832)

202.100 -Fire Safety

Appropriation (HB 106)

The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life

and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing,

and regulating the storage, transportation, and handling of hazardous materials.

TOTAL STATE FUNDS

$6,906,358

$6,906,358

$6,906,358

State General Funds

$6,906,358

$6,906,358

$6,906,358

TOTAL FEDERAL FUNDS

$1,123,107

$1,123,107

$1,123,107

Federal Funds Not Itemized

$1,123,107

$1,123,107

$1,123,107

TOTAL AGENCY FUNDS

$15,426

$15,426

$15,426

Sales and Services

$15,426

$15,426

$15,426

Sales and Services Not Itemized

$15,426

$15,426

$15,426

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$81,806

$81,806

$81,806

State Funds Transfers

$81,806

$81,806

$81,806

Agency to Agency Contracts

$81,806

$81,806

$81,806

TOTAL PUBLIC FUNDS

$8,126,697

$8,126,697

$8,126,697

Industrial Loan

Continuation Budget

The purpose of this appropriation is to protect consumers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or

less.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$646,000 $646,000 $646,000

$646,000 $646,000 $646,000

$646,000 $646,000 $646,000

203.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$10,703

$10,703

$10,703

203.100 -Industrial Loan

Appropriation (HB 106)

The purpose of this appropriation is to protect consumers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or

less.

FRIDAY, MARCH 22, 2013

3327

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$656,703 $656,703 $656,703

$656,703 $656,703 $656,703

$656,703 $656,703 $656,703

Insurance Regulation

Continuation Budget

The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market

examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and

disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694

$5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694

$5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694

204.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$106,841

$106,841

$106,841

204.100 -Insurance Regulation

Appropriation (HB 106)

The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market

examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and

disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

TOTAL STATE FUNDS

$5,144,676

$5,144,676

$5,144,676

State General Funds

$5,144,676

$5,144,676

$5,144,676

TOTAL FEDERAL FUNDS

$1,003,859

$1,003,859

$1,003,859

Federal Funds Not Itemized

$1,003,859

$1,003,859

$1,003,859

TOTAL PUBLIC FUNDS

$6,148,535

$6,148,535

$6,148,535

Special Fraud The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,437,712 $3,437,712 $3,437,712

$3,437,712 $3,437,712 $3,437,712

$3,437,712 $3,437,712 $3,437,712

205.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$76,382

$76,382

$76,382

3328

JOURNAL OF THE HOUSE

205.2 Increase funds to reflect increased assessments on insurance providers to provide for additional fraud detection coverage.

State General Funds

$600,000

$600,000

$600,000

205.100 -Special Fraud The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$4,114,094 $4,114,094 $4,114,094

Appropriation (HB 106)

$4,114,094 $4,114,094 $4,114,094

$4,114,094 $4,114,094 $4,114,094

Section 29: Investigation, Georgia Bureau of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $80,216,268 $80,216,268 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $128,256,527

$80,216,268 $80,216,268 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $128,256,527

$80,216,268 $80,216,268 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $128,256,527

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $81,270,354 $81,270,354 $27,148,061 $27,148,061 $21,304,123 $21,304,123 $21,304,123 $129,722,538

$88,643,605 $88,643,605 $27,148,061 $27,148,061 $23,224,123 $23,224,123 $23,224,123 $139,015,789

$88,426,965 $88,426,965 $27,148,061 $27,148,061 $22,704,123 $22,704,123 $22,704,123 $138,279,149

Bureau Administration

Continuation Budget

The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining

law and order and protecting life and property.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$7,275,139 $7,275,139
$30,000 $30,000 $7,305,139

$7,275,139 $7,275,139
$30,000 $30,000 $7,305,139

$7,275,139 $7,275,139
$30,000 $30,000 $7,305,139

FRIDAY, MARCH 22, 2013

3329

206.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$77,831

206.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$199,710

206.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$11,890

206.4 Reduce funds for contracts. State General Funds

($278,738)

206.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$77,831 $199,710 $11,890
$0

$77,831 $199,710 $11,890
$0 ($56,099)

206.100 -Bureau Administration

Appropriation (HB 106)

The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining

law and order and protecting life and property.

TOTAL STATE FUNDS

$7,285,832

$7,564,570

$7,508,471

State General Funds

$7,285,832

$7,564,570

$7,508,471

TOTAL FEDERAL FUNDS

$30,000

$30,000

$30,000

Federal Funds Not Itemized

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$7,315,832

$7,594,570

$7,538,471

Criminal Justice Information Services

Continuation Budget

The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated

Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender

Registry, and the Uniform Crime Reporting Program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,153,521 $6,153,521
$181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319

$6,153,521 $6,153,521
$181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319

$6,153,521 $6,153,521
$181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319

207.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$111,187

$111,187

$111,187

3330

JOURNAL OF THE HOUSE

207.2 Replace funds for operations.
State General Funds Sales and Services Not Itemized Total Public Funds:
207.3 Replace funds for operations with additional anticipated revenues from fingerprint fees.
State General Funds Sales and Services Not Itemized Total Public Funds:

($411,925) $411,925
$0

($411,925) $411,925
$0

($411,925) $411,925
$0

($1,920,000) $1,920,000
$0

($1,400,000) $1,400,000
$0

207.100 -Criminal Justice Information Services

Appropriation (HB 106)

The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated

Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender

Registry, and the Uniform Crime Reporting Program.

TOTAL STATE FUNDS

$5,852,783

$3,932,783

$4,452,783

State General Funds

$5,852,783

$3,932,783

$4,452,783

TOTAL FEDERAL FUNDS

$181,425

$181,425

$181,425

Federal Funds Not Itemized

$181,425

$181,425

$181,425

TOTAL AGENCY FUNDS

$4,391,298

$6,311,298

$5,791,298

Sales and Services

$4,391,298

$6,311,298

$5,791,298

Sales and Services Not Itemized

$4,391,298

$6,311,298

$5,791,298

TOTAL PUBLIC FUNDS

$10,425,506 $10,425,506 $10,425,506

Forensic Scientific Services

Continuation Budget

The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic

biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal

justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$26,558,210 $26,558,210
$81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206

$26,558,210 $26,558,210
$81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206

$26,558,210 $26,558,210
$81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206

208.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$389,155

$389,155

$389,155

FRIDAY, MARCH 22, 2013

3331

208.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$800,000

$800,000

$800,000

208.3 Increase funds for the second installment of the law enforcement career ladder within the Forensic Scientific Services program. (S:Increase funds for the second installment of the law enforcement career ladder within the Forensic Scientific Services program according to the plan agreed upon in FY2013)

State General Funds

$1,217,000

$1,045,000

208.4 Reduce funds for one-time funding for equipment. State General Funds

($70,000)

($70,000)

208.5 Increase funds to retain positions within the Chemistry Unit previously funded through federal grants. State General Funds

$94,338

$94,338

208.100 -Forensic Scientific Services

Appropriation (HB 106)

The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic

biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal

justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN.

TOTAL STATE FUNDS

$27,747,365 $28,988,703 $28,816,703

State General Funds

$27,747,365 $28,988,703 $28,816,703

TOTAL FEDERAL FUNDS

$81,131

$81,131

$81,131

Federal Funds Not Itemized

$81,131

$81,131

$81,131

TOTAL AGENCY FUNDS

$157,865

$157,865

$157,865

Sales and Services

$157,865

$157,865

$157,865

Sales and Services Not Itemized

$157,865

$157,865

$157,865

TOTAL PUBLIC FUNDS

$27,986,361 $29,227,699 $29,055,699

Regional Investigative Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services

$28,244,689 $28,244,689
$1,240,883 $1,240,883
$204,682 $204,682

$28,244,689 $28,244,689
$1,240,883 $1,240,883
$204,682 $204,682

$28,244,689 $28,244,689
$1,240,883 $1,240,883
$204,682 $204,682

3332

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$204,682 $29,690,254

$204,682 $29,690,254

$204,682 $29,690,254

209.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$533,698

$533,698

$533,698

209.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$300,000

$300,000

$300,000

209.3 Reduce funds for personnel and eliminate six administrative positions. (H:Reduce funds) State General Funds

($255,042)

($127,521)

($255,042)

209.4 Reduce funds for non-statutory travel. State General Funds

($120,726)

($60,363)

($120,726)

209.5 Reduce funds for telecommunications by eliminating landlines for staff employees who have business cell phones.

State General Funds

($111,755)

($111,755)

($111,755)

209.6 Reduce funds for personnel in the communications center. State General Funds

($341,877)

($341,877)

($341,877)

209.7 Transfer seven positions from the Georgia Bureau of Investigation to the Department of Public Safety and enter into a Memorandum of Understanding for operational control activities. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

209.8 Increase funds for the second installment of the law enforcement career ladder within the Regional Investigative Services program. (S:Increase funds for the second installment of the law enforcement career ladder within the Regional Investigative Services program according to the plan agreed upon in FY2013)

State General Funds

$1,742,810

$1,390,000

209.9 Increase funds to retain positions within the Child Exploitation and Computer Crimes Unit previously funded with federal grants.

State General Funds

$132,568

$132,568

209.10 Increase funds to retain positions in the Regional Investigations Unit previously funded with federal grants. State General Funds

$742,066

$742,066

209.100 -Regional Investigative Services

Appropriation (HB 106)

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.

FRIDAY, MARCH 22, 2013

3333

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$28,248,987 $28,248,987
$1,240,883 $1,240,883
$204,682 $204,682 $204,682 $29,694,552

$31,054,315 $31,054,315
$1,240,883 $1,240,883
$204,682 $204,682 $204,682 $32,499,880

$30,513,621 $30,513,621
$1,240,883 $1,240,883
$204,682 $204,682 $204,682 $31,959,186

Criminal Justice Coordinating Council

Continuation Budget

The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award

grants.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609

$11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609

$11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609

210.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$4,056

$4,056

$4,056

210.2 Increase funds for Accountability Courts grant program support. State General Funds

$157,153

$125,000

$157,153

210.3 Reduce funds for temporary labor contracts. State General Funds

($10,531)

($10,531)

($10,531)

210.4 Increase funds for the creation of community based Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders.

State General Funds

$5,000,000

$5,000,000

210.100 -Criminal Justice Coordinating Council

Appropriation (HB 106)

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 STATE FUNDS

$12,135,387 $17,103,234 $17,135,387

State General Funds

$12,135,387 $17,103,234 $17,135,387

3334

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section 30: Juvenile Justice, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,300,287

$25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $59,268,134

$25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $59,300,287

Section Total - Continuation $300,747,134 $300,747,134 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,619,016

$300,747,134 $300,747,134
$1,524,955 $1,524,955
$81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,619,016

$300,747,134 $300,747,134
$1,524,955 $1,524,955
$81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,619,016

Section Total - Final $301,689,851 $301,689,851 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $308,561,733

$300,965,540 $300,965,540
$1,524,955 $1,524,955
$81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,837,422

$300,962,605 $300,962,605
$1,524,955 $1,524,955
$81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,834,487

FRIDAY, MARCH 22, 2013

3335

Community Services

Continuation Budget

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition

youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a

short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$88,760,377 $88,760,377
$1,724,638 $1,724,638 $1,373,480
$351,158 $90,485,015

$88,760,377 $88,760,377
$1,724,638 $1,724,638 $1,373,480
$351,158 $90,485,015

$88,760,377 $88,760,377
$1,724,638 $1,724,638 $1,373,480
$351,158 $90,485,015

211.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$931,905

$931,905

$931,905

211.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($52,600)

($52,600)

($52,600)

211.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$9,428

$9,428

$9,428

211.4 Reduce funds for telecommunications by eliminating landlines for staff employees who have business cell phones.

State General Funds

($161,568)

($161,568)

($161,568)

211.5 Reduce funds for contracts in low utilization programs and utilize funds for secure facilities support.

State General Funds

($5,918,840)

($5,918,840)

($5,918,840)

211.6 Reduce funds for contracts by switching 114 non-secure detention monitoring slots not in independent court districts to active GPS monitoring. (H:Reduce funds for contracts by switching all non-secure detention monitoring slots to active GPS monitoring)

State General Funds

($1,045,209) ($1,769,520) ($1,700,000)

211.99

SAC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. House: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention

3336

JOURNAL OF THE HOUSE

in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. Gov Rev: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management.

State General Funds

$0

$0

$0

211.100 -Community Services

Appropriation (HB 106)

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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally,

Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those

youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case

management.

TOTAL STATE FUNDS

$82,523,493 $81,799,182 $81,868,702

State General Funds

$82,523,493 $81,799,182 $81,868,702

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,724,638

$1,724,638

$1,724,638

Federal Funds Transfers

$1,724,638

$1,724,638

$1,724,638

FF Foster Care Title IV-E CFDA93.658

$1,373,480

$1,373,480

$1,373,480

FF Medical Assistance Program CFDA93.778

$351,158

$351,158

$351,158

TOTAL PUBLIC FUNDS

$84,248,131 $83,523,820 $83,593,340

Departmental Administration

Continuation Budget

The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery

of effective services in appropriate settings.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers

$26,944,170 $26,944,170
$376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746

$26,944,170 $26,944,170
$376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746

$26,944,170 $26,944,170
$376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746

FRIDAY, MARCH 22, 2013

3337

FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

$157,746 $27,494,052

$157,746 $27,494,052

$157,746 $27,494,052

212.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$310,096

212.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($63,212)

212.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$2,864

212.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$310,096 ($63,212)
$2,864

$310,096 ($63,212)
$2,864 ($72,455)

212.100-Departmental Administration

Appropriation (HB 106)

The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery

of effective services in appropriate settings.

TOTAL STATE FUNDS

$27,193,918 $27,193,918 $27,121,463

State General Funds

$27,193,918 $27,193,918 $27,121,463

TOTAL FEDERAL FUNDS

$376,837

$376,837

$376,837

Federal Funds Not Itemized

$376,837

$376,837

$376,837

TOTAL AGENCY FUNDS

$15,299

$15,299

$15,299

Sales and Services

$15,299

$15,299

$15,299

Sales and Services Not Itemized

$15,299

$15,299

$15,299

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$157,746

$157,746

$157,746

Federal Funds Transfers

$157,746

$157,746

$157,746

FF Foster Care Title IV-E CFDA93.658

$157,746

$157,746

$157,746

TOTAL PUBLIC FUNDS

$27,743,800 $27,743,800 $27,671,345

Secure Commitment (YDCs)

Continuation Budget

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth

including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody,

sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$81,513,332 $81,513,332
$1,089,360 $1,089,360
$23,589

$81,513,332 $81,513,332
$1,089,360 $1,089,360
$23,589

$81,513,332 $81,513,332
$1,089,360 $1,089,360
$23,589

3338

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891

$23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891

$23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891

213.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,141,462

213.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($23,142)

213.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$8,758

213.4 Reduce funds for personnel for two recreation staff positions at Eastman Youth Development Campus (YDC).

State General Funds

($79,149)

213.5 Reduce funds for operations related to education services. State General Funds

($537,709)

213.6 Increase funds for operations and personnel for 77 positions for a 30-bed YDC opening January 1, 2014.

State General Funds

$1,918,974

213.7 Redirect $4,493,720 in existing bond proceeds to construct a 30-bed YDC. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$1,141,462 ($23,142) $8,758 ($79,149)
($537,709) $1,918,974
$0

$1,141,462 ($23,142) $8,758 ($79,149)
($537,709) $1,918,974
$0

213.100 -Secure Commitment (YDCs)

Appropriation (HB 106)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth

including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody,

sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

TOTAL STATE FUNDS

$83,942,526 $83,942,526 $83,942,526

State General Funds

$83,942,526 $83,942,526 $83,942,526

TOTAL FEDERAL FUNDS

$1,089,360

$1,089,360

$1,089,360

Federal Funds Not Itemized

$1,089,360

$1,089,360

$1,089,360

TOTAL AGENCY FUNDS

$23,589

$23,589

$23,589

Sales and Services

$23,589

$23,589

$23,589

Sales and Services Not Itemized

$23,589

$23,589

$23,589

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,554,610

$1,554,610

$1,554,610

Federal Funds Transfers

$1,554,610

$1,554,610

$1,554,610

FRIDAY, MARCH 22, 2013

3339

FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS

$1,554,610 $86,610,085

$1,554,610 $86,610,085

$1,554,610 $86,610,085

Secure Detention (RYDCs)

Continuation Budget

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of

youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement

in one of the Department's treatment programs or facilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$103,529,255 $103,529,255
$58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058

$103,529,255 $103,529,255
$58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058

$103,529,255 $103,529,255
$58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058

214.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,654,252

$1,654,252

$1,654,252

214.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($30,834)

($30,834)

($30,834)

214.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$10,984

$10,984

$10,984

214.4 Increase funds for operations and personnel for 107 positions at the Rockdale Regional Youth Detention Center (RYDC) opening July 1, 2013.

State General Funds

$2,866,257

$2,866,257

$2,866,257

214.100 -Secure Detention (RYDCs)

Appropriation (HB 106)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of

youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement

in one of the Department's treatment programs or facilities.

TOTAL STATE FUNDS

$108,029,914 $108,029,914 $108,029,914

State General Funds

$108,029,914 $108,029,914 $108,029,914

TOTAL FEDERAL FUNDS

$58,758

$58,758

$58,758

Federal Funds Not Itemized

$58,758

$58,758

$58,758

3340

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717

$42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717

$42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717

Section 31: Labor, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $14,406,411 $14,406,411 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,831,603

$14,406,411 $14,406,411 $122,284,919 $122,284,919
$140,273 $140,273 $140,273 $136,831,603

$14,406,411 $14,406,411 $122,284,919 $122,284,919
$140,273 $140,273 $140,273 $136,831,603

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $14,045,014 $14,045,014 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,470,206

$14,045,014 $14,045,014 $122,284,919 $122,284,919
$140,273 $140,273 $140,273 $136,470,206

$14,045,014 $14,045,014 $122,284,919 $122,284,919
$140,273 $140,273 $140,273 $136,470,206

Department of Labor Administration

Continuation Budget

The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic

prosperity.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers

$1,818,382 $1,818,382 $31,312,292 $31,312,292
$140,273 $140,273

$1,818,382 $1,818,382 $31,312,292 $31,312,292
$140,273 $140,273

$1,818,382 $1,818,382 $31,312,292 $31,312,292
$140,273 $140,273

FRIDAY, MARCH 22, 2013

3341

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$140,273 $33,270,947

$140,273 $33,270,947

$140,273 $33,270,947

215.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$27,140

215.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$683

215.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$839

215.4 Reduce funds for personnel and eliminate three filled positions. State General Funds

($254,956)

$27,140 $683 $839
($254,956)

$27,140 $683 $839
($254,956)

215.100-Department of Labor Administration

Appropriation (HB 106)

The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic

prosperity.

TOTAL STATE FUNDS

$1,592,088

$1,592,088

$1,592,088

State General Funds

$1,592,088

$1,592,088

$1,592,088

TOTAL FEDERAL FUNDS

$31,312,292 $31,312,292 $31,312,292

Federal Funds Not Itemized

$31,312,292 $31,312,292 $31,312,292

TOTAL AGENCY FUNDS

$140,273

$140,273

$140,273

Intergovernmental Transfers

$140,273

$140,273

$140,273

Intergovernmental Transfers Not Itemized

$140,273

$140,273

$140,273

TOTAL PUBLIC FUNDS

$33,044,653 $33,044,653 $33,044,653

Labor Market Information

Continuation Budget

The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor market.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $2,249,873 $2,249,873 $2,249,873

$0 $0 $2,249,873 $2,249,873 $2,249,873

$0 $0 $2,249,873 $2,249,873 $2,249,873

216.100 -Labor Market Information

Appropriation (HB 106)

The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor market.

TOTAL FEDERAL FUNDS

$2,249,873

$2,249,873

$2,249,873

3342

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$2,249,873 $2,249,873

$2,249,873 $2,249,873

$2,249,873 $2,249,873

Unemployment Insurance

Continuation Budget

The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and

distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877

$5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877

$5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877

217.1 Utilize existing funds to pay the Unemployment Trust Fund loan interest payment due on September 30, 2013. (Total Funds: $5,789,691)(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

217.100 -Unemployment Insurance

Appropriation (HB 106)

The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and

distributing unemployment benefits to eligible claimants.

TOTAL STATE FUNDS

$5,789,691

$5,789,691

$5,789,691

State General Funds

$5,789,691

$5,789,691

$5,789,691

TOTAL FEDERAL FUNDS

$49,173,186 $49,173,186 $49,173,186

Federal Funds Not Itemized

$49,173,186 $49,173,186 $49,173,186

TOTAL PUBLIC FUNDS

$54,962,877 $54,962,877 $54,962,877

Workforce Solutions

Continuation Budget

The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906

$6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906

$6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906

218.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$68,153

$68,153

$68,153

FRIDAY, MARCH 22, 2013

3343

218.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
218.3 Reduce funds for personnel for four filled positions. State General Funds

$694 ($203,950)

$694 ($203,950)

$694 ($203,950)

218.100 -Workforce Solutions

Appropriation (HB 106)

The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development.

TOTAL STATE FUNDS

$6,663,235

$6,663,235

$6,663,235

State General Funds

$6,663,235

$6,663,235

$6,663,235

TOTAL FEDERAL FUNDS

$39,549,568 $39,549,568 $39,549,568

Federal Funds Not Itemized

$39,549,568 $39,549,568 $39,549,568

TOTAL PUBLIC FUNDS

$46,212,803 $46,212,803 $46,212,803

Section 32: Law, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Continuation $18,838,265 $18,838,265 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $59,813,688

$18,838,265 $18,838,265
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $59,813,688

$18,838,265 $18,838,265
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $59,813,688

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized

Section Total - Final $19,239,126 $19,239,126 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074

$19,239,126 $19,239,126
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074

$19,215,915 $19,215,915
$3,597,990 $3,597,990
$272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074

3344

JOURNAL OF THE HOUSE

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$788,308 $60,214,549

$788,308 $60,214,549

$788,308 $60,191,338

Law, Department of

Continuation Budget

The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide

binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in

which the state of Georgia is involved.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$17,702,607 $17,702,607
$269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929

$17,702,607 $17,702,607
$269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929

$17,702,607 $17,702,607
$269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929

219.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$439,387

219.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($54,722)

219.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$4,593

219.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$439,387 ($54,722)
$4,593

$439,387 ($54,722)
$4,593 ($23,211)

219.100 -Law, Department of

Appropriation (HB 106)

The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide

binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in

which the state of Georgia is involved.

TOTAL STATE FUNDS

$18,091,865 $18,091,865 $18,068,654

State General Funds

$18,091,865 $18,091,865 $18,068,654

TOTAL AGENCY FUNDS

$269,940

$269,940

$269,940

Sales and Services

$269,940

$269,940

$269,940

Sales and Services Not Itemized

$269,940

$269,940

$269,940

FRIDAY, MARCH 22, 2013

3345

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$37,105,382 $37,105,382 $36,317,074
$788,308 $55,467,187

$37,105,382 $37,105,382 $36,317,074
$788,308 $55,467,187

$37,105,382 $37,105,382 $36,317,074
$788,308 $55,443,976

Medicaid Fraud Control Unit

Continuation Budget

The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud

the Medicaid Program.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,135,658 $1,135,658 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,735,759

$1,135,658 $1,135,658 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,735,759

$1,135,658 $1,135,658 $3,597,990 $3,597,990
$2,111 $2,111 $2,111 $4,735,759

220.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$16,361

220.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($4,758)

$16,361 ($4,758)

$16,361 ($4,758)

220.100 -Medicaid Fraud Control Unit

Appropriation (HB 106)

The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud

the Medicaid Program.

TOTAL STATE FUNDS

$1,147,261

$1,147,261

$1,147,261

State General Funds

$1,147,261

$1,147,261

$1,147,261

TOTAL FEDERAL FUNDS

$3,597,990

$3,597,990

$3,597,990

Federal Funds Not Itemized

$3,597,990

$3,597,990

$3,597,990

TOTAL AGENCY FUNDS

$2,111

$2,111

$2,111

Sales and Services

$2,111

$2,111

$2,111

Sales and Services Not Itemized

$2,111

$2,111

$2,111

TOTAL PUBLIC FUNDS

$4,747,362

$4,747,362

$4,747,362

3346

JOURNAL OF THE HOUSE

Section 33: Natural Resources, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized

Section Total - Continuation $92,055,099 $92,055,099 $54,101,622 $54,090,015 $11,607 $107,279,338 $541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,466,059

$92,055,099 $92,055,099 $54,101,622 $54,090,015
$11,607 $107,279,338
$541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646
$3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,466,059

$92,055,099 $92,055,099 $54,101,622 $54,090,015
$11,607 $107,279,338
$541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646
$3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,466,059

Section Total - Final $90,937,432 $90,937,432 $54,005,042 $53,993,435 $11,607 $107,164,025 $541,002 $541,002 $2,232,646 $2,232,646 $3,657 $3,657

$92,695,984 $92,695,984 $54,005,042 $53,993,435
$11,607 $107,164,025
$541,002 $541,002 $2,232,646 $2,232,646
$3,657 $3,657

$92,580,429 $92,580,429 $54,005,042 $53,993,435
$11,607 $107,164,025
$541,002 $541,002 $2,232,646 $2,232,646
$3,657 $3,657

FRIDAY, MARCH 22, 2013

3347

Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $252,136,499

$56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,895,051

$56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,779,496

Coastal Resources

Continuation Budget

The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by

balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within

the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and

recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$2,114,490 $2,114,490 $4,470,663 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482

$2,114,490 $2,114,490 $4,470,663 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482

$2,114,490 $2,114,490 $4,470,663 $4,470,663
$110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482

221.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$30,860

221.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($2,095)

221.3 Reduce funds for operations and replace with federal funds. State General Funds

($69,698)

221.4 Reduce funds for operations. State General Funds

($20,000)

$30,860 ($2,095) ($69,698) ($20,000)

$30,860 ($2,095) ($69,698) ($20,000)

3348

JOURNAL OF THE HOUSE

221.100 -Coastal Resources

Appropriation (HB 106)

The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by

balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within

the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and

recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.

TOTAL STATE FUNDS

$2,053,557

$2,053,557

$2,053,557

State General Funds

$2,053,557

$2,053,557

$2,053,557

TOTAL FEDERAL FUNDS

$4,470,663

$4,470,663

$4,470,663

Federal Funds Not Itemized

$4,470,663

$4,470,663

$4,470,663

TOTAL AGENCY FUNDS

$110,329

$110,329

$110,329

Contributions, Donations, and Forfeitures

$81,001

$81,001

$81,001

Contributions, Donations, and Forfeitures Not Itemized

$81,001

$81,001

$81,001

Royalties and Rents

$29,328

$29,328

$29,328

Royalties and Rents Not Itemized

$29,328

$29,328

$29,328

TOTAL PUBLIC FUNDS

$6,634,549

$6,634,549

$6,634,549

Departmental Administration The purpose of this appropriation is to provide administrative support for all programs of the department.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,559,274 $11,559,274
$110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339

$11,559,274 $11,559,274
$110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339

$11,559,274 $11,559,274
$110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339

222.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$164,219

222.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($11,150)

222.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$21,326

222.4 Reduce funds for personnel and eliminate one vacant position. State General Funds

($140,147)

$164,219 ($11,150) $21,326 ($140,147)

$164,219 ($11,150) $21,326 ($140,147)

FRIDAY, MARCH 22, 2013

3349

222.100-Departmental Administration

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$11,593,522

State General Funds

$11,593,522

TOTAL FEDERAL FUNDS

$110,000

Federal Funds Not Itemized

$110,000

TOTAL AGENCY FUNDS

$39,065

Sales and Services

$39,065

Sales and Services Not Itemized

$39,065

TOTAL PUBLIC FUNDS

$11,742,587

Appropriation (HB 106)

$11,593,522 $11,593,522
$110,000 $110,000 $39,065 $39,065 $39,065 $11,742,587

$11,593,522 $11,593,522
$110,000 $110,000 $39,065 $39,065 $39,065 $11,742,587

Environmental Protection

Continuation Budget

The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and

area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to

protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid

Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to

protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to

manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental

emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and

quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by

regulating the amount of water used.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187

$25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187

$25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187

223.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$361,595

$361,595

$361,595

223.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($24,554)

($24,554)

($24,554)

223.3 Eliminate funds for one-time funding of the Georgia Water Policy Center.(H and S:Reduce funds for the Georgia Water Policy Center)

State General Funds

($150,000)

($100,000)

($50,000)

3350

JOURNAL OF THE HOUSE

223.4 Increase funds for Regional Water Councils. State General Funds 223.5 Reduce funds for personnel and eliminate six positions. State General Funds 223.6 Reduce funds for contracts. State General Funds 223.7 Reduce funds for real estate rentals. State General Funds

$500,000 ($575,108) ($140,000)
($72,932)

$500,000 ($575,108) ($140,000)
($72,932)

$500,000 ($575,108) ($140,000)
($72,932)

223.100 -Environmental Protection

Appropriation (HB 106)

The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and

area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to

protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid

Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to

protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to

manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental

emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and

quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by

regulating the amount of water used.

TOTAL STATE FUNDS

$25,827,054 $25,877,054 $25,927,054

State General Funds

$25,827,054 $25,877,054 $25,927,054

TOTAL FEDERAL FUNDS

$32,861,619 $32,861,619 $32,861,619

Federal Funds Not Itemized

$32,861,619 $32,861,619 $32,861,619

TOTAL AGENCY FUNDS

$56,778,515 $56,778,515 $56,778,515

Sales and Services

$56,778,515 $56,778,515 $56,778,515

Sales and Services Not Itemized

$56,778,515 $56,778,515 $56,778,515

TOTAL PUBLIC FUNDS

$115,467,188 $115,517,188 $115,567,188

Hazardous Waste Trust Fund

Continuation Budget

The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost-sharing requirements for

Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection

Division, and to reimburse local governments for landfill remediation.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,397,423 $3,397,423 $3,397,423

$3,397,423 $3,397,423 $3,397,423

$3,397,423 $3,397,423 $3,397,423

FRIDAY, MARCH 22, 2013

3351

224.1 Retain 100% of funds and utilize for clean-up activities, local government reimbursement, and operations. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

224.100 -Hazardous Waste Trust Fund

Appropriation (HB 106)

The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost-sharing requirements for

Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection

Division, and to reimburse local governments for landfill remediation.

TOTAL STATE FUNDS

$3,397,423

$3,397,423

$3,397,423

State General Funds

$3,397,423

$3,397,423

$3,397,423

TOTAL PUBLIC FUNDS

$3,397,423

$3,397,423

$3,397,423

Historic Preservation

Continuation Budget

The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all

historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building

owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$1,306,663 $1,306,663 $1,020,787 $1,009,180
$11,607 $2,327,450

$1,306,663 $1,306,663 $1,020,787 $1,009,180
$11,607 $2,327,450

$1,306,663 $1,306,663 $1,020,787 $1,009,180
$11,607 $2,327,450

225.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$20,222

$20,222

$20,222

225.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,373)

($1,373)

($1,373)

225.3 Transfer funds and four positions from the Parks, Recreation and Historic Sites program to the Historic Preservation program for personnel and operations of the Cultural Resources Unit.

State General Funds

$273,619

$273,619

$273,619

225.4 Reduce funds for personnel and replace with federal funds. State General Funds

($18,316)

($18,316)

($18,316)

225.100 -Historic Preservation

Appropriation (HB 106)

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.

3352

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$1,580,815 $1,580,815 $1,020,787 $1,009,180
$11,607 $2,601,602

$1,580,815 $1,580,815 $1,020,787 $1,009,180
$11,607 $2,601,602

$1,580,815 $1,580,815 $1,020,787 $1,009,180
$11,607 $2,601,602

Parks, Recreation and Historic Sites

Continuation Budget

The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,696,318 $13,696,318
$1,704,029 $1,704,029 $41,480,954
$360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301

$13,696,318 $13,696,318
$1,704,029 $1,704,029 $41,480,954
$360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301

$13,696,318 $13,696,318
$1,704,029 $1,704,029 $41,480,954
$360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301

226.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$193,946

$193,946

$193,946

226.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($13,170)

($13,170)

($13,170)

226.3 Transfer funds from the Parks, Recreation and Historic Sites program to the Historic Preservation program for personnel and operations of the Cultural Resources Unit.

State General Funds

($273,619)

($273,619)

($273,619)

226.4 Reduce funds for operations. State General Funds

($304,392)

($254,392)

($304,392)

226.5 Reduce funds for personnel and eliminate two filled positions.(H:NO)(S:Reduce funds for personnel)

State General Funds

($237,657)

$0

($50,000)

226.6 Increase funds to provide for the second installment of the law enforcement career ladder in the Parks, Recreation, and Historic Sites Program.

State General Funds

$341,547

$341,547

FRIDAY, MARCH 22, 2013

3353

226.100 -Parks, Recreation and Historic Sites

Appropriation (HB 106)

The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites.

TOTAL STATE FUNDS

$13,061,426 $13,690,630 $13,590,630

State General Funds

$13,061,426 $13,690,630 $13,590,630

TOTAL FEDERAL FUNDS

$1,704,029

$1,704,029

$1,704,029

Federal Funds Not Itemized

$1,704,029

$1,704,029

$1,704,029

TOTAL AGENCY FUNDS

$41,480,954 $41,480,954 $41,480,954

Contributions, Donations, and Forfeitures

$360,715

$360,715

$360,715

Contributions, Donations, and Forfeitures Not Itemized

$360,715

$360,715

$360,715

Intergovernmental Transfers

$2,232,646

$2,232,646

$2,232,646

Intergovernmental Transfers Not Itemized

$2,232,646

$2,232,646

$2,232,646

Sales and Services

$38,887,593 $38,887,593 $38,887,593

Sales and Services Not Itemized

$38,887,593 $38,887,593 $38,887,593

TOTAL PUBLIC FUNDS

$56,246,409 $56,875,613 $56,775,613

Pollution Prevention Assistance

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893

$0 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893

$0 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893

227.1 Eliminate funds and seven positions for the Pollution Prevention and Assistance program.
Federal Funds Not Itemized Reserved Fund Balances Not Itemized Total Public Funds:

($96,580) ($115,313) ($211,893)

($96,580) ($115,313) ($211,893)

($96,580) ($115,313) ($211,893)

3354

JOURNAL OF THE HOUSE

Solid Waste Trust Fund

Continuation Budget

The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective

actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling

and waste reduction programs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,923,479 $1,923,479 $1,923,479

$1,923,479 $1,923,479 $1,923,479

$1,923,479 $1,923,479 $1,923,479

228.1 Reduce funds for operations. State General Funds

($57,704)

($57,704)

($57,704)

228.100 -Solid Waste Trust Fund

Appropriation (HB 106)

The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective

actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling

and waste reduction programs.

TOTAL STATE FUNDS

$1,865,775

$1,865,775

$1,865,775

State General Funds

$1,865,775

$1,865,775

$1,865,775

TOTAL PUBLIC FUNDS

$1,865,775

$1,865,775

$1,865,775

Wildlife Resources

Continuation Budget

The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect

non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the

state's archery and shooting ranges; and to license hunters, anglers, and boaters.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties

$32,129,399 $32,129,399 $13,837,944 $13,837,944
$8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625
$8,515,153 $8,515,153
$109,441

$32,129,399 $32,129,399 $13,837,944 $13,837,944
$8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625
$8,515,153 $8,515,153
$109,441

$32,129,399 $32,129,399 $13,837,944 $13,837,944
$8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625
$8,515,153 $8,515,153
$109,441

FRIDAY, MARCH 22, 2013

3355

Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$109,441 $30,000 $30,000 $30,000 $54,752,505

$109,441 $30,000 $30,000 $30,000 $54,752,505

$109,441 $30,000 $30,000 $30,000 $54,752,505

229.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$492,382

$492,382

229.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($33,438)

($33,438)

229.3 Reduce funds for personnel and eliminate two filled and three vacant positions.(H:Reduce vacancies)

State General Funds

($433,423)

($367,868)

229.4 Reduce funds for operations. State General Funds

($305,762)

($305,762)

229.5 Reduce funds for operations and replace with federal funds. State General Funds

($291,298)

($291,298)

229.6 Increase funds to provide for the second installment of the law enforcement career ladder in the Wildlife Resources Program.

State General Funds

$1,013,793

$492,382 ($33,438) ($433,423) ($305,762) ($291,298) $1,013,793

229.100 -Wildlife Resources

Appropriation (HB 106)

The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect

non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the

state's archery and shooting ranges; and to license hunters, anglers, and boaters.

TOTAL STATE FUNDS

$31,557,860 $32,637,208 $32,571,653

State General Funds

$31,557,860 $32,637,208 $32,571,653

TOTAL FEDERAL FUNDS

$13,837,944 $13,837,944 $13,837,944

Federal Funds Not Itemized

$13,837,944 $13,837,944 $13,837,944

TOTAL AGENCY FUNDS

$8,755,162

$8,755,162

$8,755,162

Contributions, Donations, and Forfeitures

$99,286

$99,286

$99,286

Contributions, Donations, and Forfeitures Not Itemized

$99,286

$99,286

$99,286

Rebates, Refunds, and Reimbursements

$3,657

$3,657

$3,657

Rebates, Refunds, and Reimbursements Not Itemized

$3,657

$3,657

$3,657

Royalties and Rents

$27,625

$27,625

$27,625

Royalties and Rents Not Itemized

$27,625

$27,625

$27,625

Sales and Services

$8,515,153

$8,515,153

$8,515,153

Sales and Services Not Itemized

$8,515,153

$8,515,153

$8,515,153

3356

JOURNAL OF THE HOUSE

Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$109,441 $109,441 $30,000 $30,000 $30,000 $54,180,966

$109,441 $109,441 $30,000 $30,000 $30,000 $55,260,314

$109,441 $109,441 $30,000 $30,000 $30,000 $55,194,759

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 20 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 20 of 20 years; last payment being made June 15, 2014.

Section 34: Pardons and Paroles, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $53,881,771 $53,881,771 $806,050 $806,050 $54,687,821

$53,881,771 $53,881,771
$806,050 $806,050 $54,687,821

$53,881,771 $53,881,771
$806,050 $806,050 $54,687,821

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $52,993,221 $52,993,221 $806,050 $806,050 $53,799,271

$52,993,221 $52,993,221
$806,050 $806,050 $53,799,271

$52,982,180 $52,982,180
$806,050 $806,050 $53,788,230

Board Administration The purpose of this appropriation is to provide administrative support for the agency.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,952,894 $4,952,894 $4,952,894

$4,952,894 $4,952,894 $4,952,894

$4,952,894 $4,952,894 $4,952,894

230.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$67,530

$67,530

$67,530

FRIDAY, MARCH 22, 2013

3357

230.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
230.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds
230.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

($7,475) $5,335

($7,475) $5,335

($7,475) $5,335 ($11,041)

230.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$5,018,284 $5,018,284 $5,018,284

Appropriation (HB 106)

$5,018,284 $5,018,284 $5,018,284

$5,007,243 $5,007,243 $5,007,243

Clemency Decisions

Continuation Budget

The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole,

investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,610,330 $11,610,330 $11,610,330

$11,610,330 $11,610,330 $11,610,330

$11,610,330 $11,610,330 $11,610,330

231.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$241,178

$241,178

$241,178

231.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,196)

($1,196)

($1,196)

231.3 Transfer funds from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative.

State General Funds

$139,478

$139,478

$139,478

231.4 Reduce funds for personnel. State General Funds

($43,000)

($43,000)

($43,000)

231.100 -Clemency Decisions

Appropriation (HB 106)

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.

3358

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,946,790 $11,946,790 $11,946,790

$11,946,790 $11,946,790 $11,946,790

$11,946,790 $11,946,790 $11,946,790

Parole Supervision

Continuation Budget

The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic

monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$36,867,564 $36,867,564
$806,050 $806,050 $37,673,614

$36,867,564 $36,867,564
$806,050 $806,050 $37,673,614

$36,867,564 $36,867,564
$806,050 $806,050 $37,673,614

232.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$646,358

$646,358

$646,358

232.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($20,930)

($20,930)

($20,930)

232.3 Reduce funds for personnel for overtime and temporary labor. State General Funds

($57,000)

($57,000)

($57,000)

232.4 Reduce funds for personnel and eliminate 14 administrative positions as part of the virtual office initiative.

State General Funds

($509,715)

($509,715)

($509,715)

232.5 Reduce funds for operations as part of the virtual office initiative. State General Funds

($105,483)

($105,483)

($105,483)

232.6 Reduce funds for rent due to closing parole offices as part of the virtual office initiative. State General Funds

($1,113,500) ($1,113,500) ($1,113,500)

232.7 Transfer funds from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative.

State General Funds

($139,478)

($139,478)

($139,478)

232.100 -Parole Supervision

Appropriation (HB 106)

The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic

monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

TOTAL STATE FUNDS

$35,567,816 $35,567,816 $35,567,816

State General Funds

$35,567,816 $35,567,816 $35,567,816

TOTAL FEDERAL FUNDS

$806,050

$806,050

$806,050

FRIDAY, MARCH 22, 2013

3359

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$806,050 $36,373,866

$806,050 $36,373,866

$806,050 $36,373,866

Victim Services

Continuation Budget

The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to

conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state

corrections system.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$450,983 $450,983 $450,983

$450,983 $450,983 $450,983

$450,983 $450,983 $450,983

233.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$9,647

233.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($299)

$9,647 ($299)

$9,647 ($299)

233.100 -Victim Services

Appropriation (HB 106)

The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to

conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state

corrections system.

TOTAL STATE FUNDS

$460,331

$460,331

$460,331

State General Funds

$460,331

$460,331

$460,331

TOTAL PUBLIC FUNDS

$460,331

$460,331

$460,331

Section 35: Properties Commission, State

Section Total - Continuation

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

$114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

$114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

Section Total - Final

TOTAL AGENCY FUNDS

$114,967

$114,967

$114,967

3360

JOURNAL OF THE HOUSE

Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$114,967 $114,967 $705,234 $705,234 $705,234 $820,201

$114,967 $114,967 $705,234 $705,234 $705,234 $820,201

$114,967 $114,967 $705,234 $705,234 $705,234 $820,201

Properties Commission, State

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

$0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

$0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012

234.1 Reduce funds for operations. State Fund Transfers Not Itemized

($21,811)

($21,811)

($21,811)

234.100 -Properties Commission, State

Appropriation (HB 106)

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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

$114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201

FRIDAY, MARCH 22, 2013

3361

Payments to Georgia Building Authority

Continuation Budget

The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority.

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

235.1 Reduce funds due to utility savings from reduced rates and Trade Port vacancy. (Total Funds: $824,123)(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

Section 36: Public Defender Standards Council, Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $40,740,824

$40,400,824 $40,400,824
$340,000 $340,000 $340,000 $40,740,824

$40,400,824 $40,400,824
$340,000 $340,000 $340,000 $40,740,824

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $41,103,462 $41,103,462 $340,000 $340,000 $340,000 $41,443,462

$41,186,595 $41,186,595
$340,000 $340,000 $340,000 $41,526,595

$41,206,695 $41,206,695
$340,000 $340,000 $340,000 $41,546,695

Public Defender Standards Council

Continuation Budget

The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

$6,005,496 $6,005,496
$340,000 $340,000 $340,000 $6,345,496

$6,005,496 $6,005,496
$340,000 $340,000 $340,000 $6,345,496

$6,005,496 $6,005,496
$340,000 $340,000 $340,000 $6,345,496

236.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$94,907

$94,907

$94,907

3362

JOURNAL OF THE HOUSE

236.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
236.3 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

($6,853)

($6,853)

($6,853) ($22,663)

236.100 -Public Defender Standards Council

Appropriation (HB 106)

The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office.

TOTAL STATE FUNDS

$6,093,550

$6,093,550

$6,070,887

State General Funds

$6,093,550

$6,093,550

$6,070,887

TOTAL AGENCY FUNDS

$340,000

$340,000

$340,000

Interest and Investment Income

$340,000

$340,000

$340,000

Interest and Investment Income Not Itemized

$340,000

$340,000

$340,000

TOTAL PUBLIC FUNDS

$6,433,550

$6,433,550

$6,410,887

Public Defenders

Continuation Budget

The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private

interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$34,395,328 $34,395,328 $34,395,328

$34,395,328 $34,395,328 $34,395,328

$34,395,328 $34,395,328 $34,395,328

237.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$635,144

$635,144

$635,144

237.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($20,560)

($20,560)

($20,560)

237.3 Increase funds to annualize two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Judicial Circuits funded in HB742 (2012 Session).

State General Funds

$55,422

$55,422

237.4 Increase funds as authorized in HB451 (2013 Session) for one Assistant Public Defender starting January 1, 2014 to reflect a new judgeship in the Chattahoochee Judicial District. (S:Increase funds for two Assistant Public Defender positions in the Chattahoochee and Oconee Judicial Districts starting January 1, 2014)

State General Funds

$27,711

$70,474

FRIDAY, MARCH 22, 2013

3363

237.100 -Public Defenders

Appropriation (HB 106)

The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private

interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12.

TOTAL STATE FUNDS

$35,009,912 $35,093,045 $35,135,808

State General Funds

$35,009,912 $35,093,045 $35,135,808

TOTAL PUBLIC FUNDS

$35,009,912 $35,093,045 $35,135,808

Section 37: Public Health, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

Section Total - Continuation $218,182,965 $203,773,265 $12,013,120 $2,396,580 $431,693,325 $395,431,831 $20,886,897 $2,912,917 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111

$218,182,965 $203,773,265 $12,013,120
$2,396,580 $431,693,325 $395,431,831 $20,886,897
$2,912,917 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111

$218,182,965 $203,773,265 $12,013,120
$2,396,580 $431,693,325 $395,431,831 $20,886,897
$2,912,917 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund
TOTAL FEDERAL FUNDS

Section Total - Final $222,031,430 $206,550,068 $13,492,860 $1,988,502 $430,706,774

$222,850,083 $207,368,721 $13,492,860
$1,988,502 $430,706,774

$223,596,387 $208,115,025 $13,492,860
$1,988,502 $430,706,774

3364

JOURNAL OF THE HOUSE

Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$395,431,831 $20,886,897
$1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $705,250,025

$395,431,831 $20,886,897
$1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $706,068,678

$395,431,831 $20,886,897
$1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724
$459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $706,814,982

Adolescent and Adult Health Promotion

Continuation Budget

The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage

pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $1,000,000
$149,000 $10,404,530 $10,404,530
$827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000

$8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $1,000,000
$149,000 $10,404,530 $10,404,530
$827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000

$8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $1,000,000
$149,000 $10,404,530 $10,404,530
$827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000

FRIDAY, MARCH 22, 2013

3365

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$410,000 $38,228,891

$410,000 $38,228,891

$410,000 $38,228,891

238.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State General Funds

$26,068

$26,068

$26,068

238.2 Reduce funds for personnel for three vacant positions. State General Funds

($239,233)

($239,233)

($239,233)

238.3 Increase funds for the SHAPE initiative contract. State General Funds

$170,625

$170,625

$170,625

238.4 Reduce funds for personnel and operations for the Columbus STD and family planning case finding program.

State General Funds

($60,000)

($60,000)

($60,000)

238.5

Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) ($275,000) and Regional Cancer Coalitions ($1,204,740). (H and S:Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) and recognize funding for Regional Cancer Coalitions in line 238.6)

Tobacco Settlement Funds

$1,479,740

$275,000

$275,000

238.6 Increase funds for Regional Cancer Coalitions with each of the five Regional Cancer Coalitions receiving $240,948.

Tobacco Settlement Funds

$1,204,740

$1,204,740

238.100 -Adolescent and Adult Health Promotion

Appropriation (HB 106)

The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage

pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

TOTAL STATE FUNDS

$10,280,863 $10,280,863 $10,280,863

State General Funds

$3,648,684

$3,648,684

$3,648,684

Tobacco Settlement Funds

$6,632,179

$6,632,179

$6,632,179

TOTAL FEDERAL FUNDS

$28,088,004 $28,088,004 $28,088,004

Federal Funds Not Itemized

$16,534,474 $16,534,474 $16,534,474

Maternal & Child Health Services Block Grant CFDA93.994

$1,000,000

$1,000,000

$1,000,000

Preventive Health & Health Services Block Grant CFDA93.991

$149,000

$149,000

$149,000

Temporary Assistance for Needy Families

$10,404,530 $10,404,530 $10,404,530

Temporary Assistance for Needy Families Grant CFDA93.558

$10,404,530 $10,404,530 $10,404,530

TOTAL AGENCY FUNDS

$827,224

$827,224

$827,224

Contributions, Donations, and Forfeitures

$335,000

$335,000

$335,000

Contributions, Donations, and Forfeitures Not Itemized

$335,000

$335,000

$335,000

Intergovernmental Transfers

$492,224

$492,224

$492,224

Intergovernmental Transfers Not Itemized

$492,224

$492,224

$492,224

3366

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$410,000 $410,000 $410,000 $39,606,091

$410,000 $410,000 $410,000 $39,606,091

$410,000 $410,000 $410,000 $39,606,091

Adult Essential Health Treatment Services

Continuation Budget

The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$7,224,986 $611,737
$6,613,249 $300,000 $300,000
$7,524,986

$7,224,986 $611,737
$6,613,249 $300,000 $300,000
$7,524,986

$7,224,986 $611,737
$6,613,249 $300,000 $300,000
$7,524,986

239.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$3,171

$3,171

$3,171

239.2 Reduce funds by moving hypertension clients to a local Federally Qualified Health Center for all healthcare needs including hypertension management.

State General Funds

($611,737)

($611,737)

239.100 -Adult Essential Health Treatment Services

Appropriation (HB 106)

The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks.

TOTAL STATE FUNDS

$7,228,157

$6,616,420

$6,616,420

State General Funds

$614,908

$3,171

$3,171

Tobacco Settlement Funds

$6,613,249

$6,613,249

$6,613,249

TOTAL FEDERAL FUNDS

$300,000

$300,000

$300,000

Preventive Health & Health Services Block Grant CFDA93.991

$300,000

$300,000

$300,000

TOTAL PUBLIC FUNDS

$7,528,157

$6,916,420

$6,916,420

Departmental Administration The purpose of this appropriation is to provide administrative support to all departmental programs.

Continuation Budget

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778

$20,492,715 $20,360,920
$131,795 $7,654,298 $5,375,140 $1,807,258

$20,492,715 $20,360,920
$131,795 $7,654,298 $5,375,140 $1,807,258

$20,492,715 $20,360,920
$131,795 $7,654,298 $5,375,140 $1,807,258

FRIDAY, MARCH 22, 2013

3367

Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS

$471,900 $28,147,013

$471,900 $28,147,013

$471,900 $28,147,013

240.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$358,897

240.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,967,384

240.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$23,376

240.4 Reduce funds for personnel. State General Funds

($1,880,240)

240.5 Reduce funds for operations. State General Funds

($40,000)

240.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$358,897 $1,967,384
$23,376 ($1,880,240)
($40,000)

$358,897 $1,967,384
$23,376 ($1,880,240)
($40,000) ($53,696)

240.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS
State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS

$20,922,132 $20,790,337
$131,795 $7,654,298 $5,375,140 $1,807,258
$471,900 $28,576,430

Appropriation (HB 106)

$20,922,132 $20,790,337
$131,795 $7,654,298 $5,375,140 $1,807,258
$471,900 $28,576,430

$20,868,436 $20,736,641
$131,795 $7,654,298 $5,375,140 $1,807,258
$471,900 $28,522,734

Emergency Preparedness / Trauma System Improvement

Continuation Budget

The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma

system.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994

$2,753,939 $2,753,939 $35,127,019 $34,747,019
$280,000

$2,753,939 $2,753,939 $35,127,019 $34,747,019
$280,000

$2,753,939 $2,753,939 $35,127,019 $34,747,019
$280,000

3368

JOURNAL OF THE HOUSE

Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$100,000 $976 $976 $976
$221,000 $221,000 $221,000 $38,102,934

$100,000 $976 $976 $976
$221,000 $221,000 $221,000 $38,102,934

$100,000 $976 $976 $976
$221,000 $221,000 $221,000 $38,102,934

241.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$47,193

$47,193

$47,193

241.2 Reduce funds added in HB742 (2012 Session) for one-time funding 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.

State General Funds

($350,000)

($350,000)

($350,000)

241.100-Emergency Preparedness / Trauma System Improvement

Appropriation (HB 106)

The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma

system.

TOTAL STATE FUNDS

$2,451,132

$2,451,132

$2,451,132

State General Funds

$2,451,132

$2,451,132

$2,451,132

TOTAL FEDERAL FUNDS

$35,127,019 $35,127,019 $35,127,019

Federal Funds Not Itemized

$34,747,019 $34,747,019 $34,747,019

Maternal & Child Health Services Block Grant CFDA93.994

$280,000

$280,000

$280,000

Preventive Health & Health Services Block Grant CFDA93.991

$100,000

$100,000

$100,000

TOTAL AGENCY FUNDS

$976

$976

$976

Sales and Services

$976

$976

$976

Sales and Services Not Itemized

$976

$976

$976

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$221,000

$221,000

$221,000

State Funds Transfers

$221,000

$221,000

$221,000

Agency to Agency Contracts

$221,000

$221,000

$221,000

TOTAL PUBLIC FUNDS

$37,800,127 $37,800,127 $37,800,127

Epidemiology

Continuation Budget

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS

$4,164,813 $4,049,176
$115,637 $4,961,516

$4,164,813 $4,049,176
$115,637 $4,961,516

$4,164,813 $4,049,176
$115,637 $4,961,516

FRIDAY, MARCH 22, 2013

3369

Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services
Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600
$9,169,085

$4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600
$9,169,085

$4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600
$9,169,085

242.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$27,028

242.2 Reduce funds for tuberculosis detection, prevention, and treatment. State General Funds

242.3 Increase funds for the Fulton DeKalb Hospital Authority for the Georgia Poison Control Center. State General Funds

$27,028 ($200,000)
$50,000

$27,028 $0
$50,000

242.100 -Epidemiology

Appropriation (HB 106)

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS

$4,191,841

$4,041,841

$4,241,841

State General Funds

$4,076,204

$3,926,204

$4,126,204

Tobacco Settlement Funds

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$4,961,516

$4,961,516

$4,961,516

Federal Funds Not Itemized

$4,764,766

$4,764,766

$4,764,766

Preventive Health & Health Services Block Grant CFDA93.991

$196,750

$196,750

$196,750

TOTAL AGENCY FUNDS

$25,156

$25,156

$25,156

Sales and Services

$25,156

$25,156

$25,156

Sales and Services Not Itemized

$25,156

$25,156

$25,156

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$17,600

$17,600

$17,600

State Funds Transfers

$17,600

$17,600

$17,600

Agency to Agency Contracts

$17,600

$17,600

$17,600

TOTAL PUBLIC FUNDS

$9,196,113

$9,046,113

$9,246,113

Immunization

Continuation Budget

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS State General Funds

$2,505,125 $2,505,125

$2,505,125 $2,505,125

$2,505,125 $2,505,125

3370

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$8,406,339 $7,906,339
$500,000 $10,911,464

$8,406,339 $7,906,339
$500,000 $10,911,464

$8,406,339 $7,906,339
$500,000 $10,911,464

243.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$2,139

$2,139

$2,139

243.100 -Immunization

Appropriation (HB 106)

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$2,507,264

$2,507,264

$2,507,264

State General Funds

$2,507,264

$2,507,264

$2,507,264

TOTAL FEDERAL FUNDS

$8,406,339

$8,406,339

$8,406,339

Federal Funds Not Itemized

$7,906,339

$7,906,339

$7,906,339

Preventive Health & Health Services Block Grant CFDA93.991

$500,000

$500,000

$500,000

TOTAL PUBLIC FUNDS

$10,913,603 $10,913,603 $10,913,603

Infant and Child Essential Health Treatment Services

Continuation Budget

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$22,079,771 $22,079,771 $27,264,919 $18,449,501
$8,698,918 $116,500 $75,000 $75,000 $75,000
$49,419,690

$22,079,771 $22,079,771 $27,264,919 $18,449,501
$8,698,918 $116,500 $75,000 $75,000 $75,000
$49,419,690

$22,079,771 $22,079,771 $27,264,919 $18,449,501
$8,698,918 $116,500 $75,000 $75,000 $75,000
$49,419,690

244.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$30,541

244.2 Reduce funds for programmatic grant-in-aid for Children's Medical Services. State General Funds

($576,574)

$30,541 ($576,574)

$30,541 ($576,574)

FRIDAY, MARCH 22, 2013

3371

244.3 Reduce funds for programmatic grant-in-aid for the genetics and sickle cell testing program. (S:Reduce funds for programmatic grant-in-aid for genetics testing and recognize an alternative delivery mechanism for the sickle cell testing program)

State General Funds

($525,172)

($525,172)

($525,172)

244.4 Reduce funds for the Oral Health Prevention Program and replace with existing federal funds.

State General Funds

($274,657)

($274,657)

($274,657)

244.5 Increase funds for the sickle cell disease treatment contract. State General Funds

$150,000

$150,000

$150,000

244.6 Reduce funds for the Hemophilia of Georgia contract and reflect savings from moving high-cost hemophilia clients to the Pre-Existing Condition Insurance Plan (PCIP). (H and S:Reduce hemophilia contract)

State General Funds

($239,018)

($189,018)

($189,018)

244.100 -Infant and Child Essential Health Treatment Services

Appropriation (HB 106)

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

TOTAL STATE FUNDS

$20,644,891 $20,694,891 $20,694,891

State General Funds

$20,644,891 $20,694,891 $20,694,891

TOTAL FEDERAL FUNDS

$27,264,919 $27,264,919 $27,264,919

Federal Funds Not Itemized

$18,449,501 $18,449,501 $18,449,501

Maternal & Child Health Services Block Grant CFDA93.994

$8,698,918

$8,698,918

$8,698,918

Preventive Health & Health Services Block Grant CFDA93.991

$116,500

$116,500

$116,500

TOTAL AGENCY FUNDS

$75,000

$75,000

$75,000

Contributions, Donations, and Forfeitures

$75,000

$75,000

$75,000

Contributions, Donations, and Forfeitures Not Itemized

$75,000

$75,000

$75,000

TOTAL PUBLIC FUNDS

$47,984,810 $48,034,810 $48,034,810

Infant and Child Health Promotion

Continuation Budget

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services

$12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280
$119,108 $50,049,137
$49,137 $49,137 $50,000,000

$12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280
$119,108 $50,049,137
$49,137 $49,137 $50,000,000

$12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280
$119,108 $50,049,137
$49,137 $49,137 $50,000,000

3372

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Agency to Agency Contracts
Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689
$319,546,529

$50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689
$319,546,529

$50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689
$319,546,529

245.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$44,030

245.2 Reduce funds for the Foster Care Project. State General Funds

($55,000)

$44,030 ($55,000)

$44,030 ($55,000)

245.100 -Infant and Child Health Promotion

Appropriation (HB 106)

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS

$12,192,738 $12,192,738 $12,192,738

State General Funds

$12,192,738 $12,192,738 $12,192,738

TOTAL FEDERAL FUNDS

$257,026,187 $257,026,187 $257,026,187

Federal Funds Not Itemized

$246,283,799 $246,283,799 $246,283,799

Maternal & Child Health Services Block Grant CFDA93.994

$10,623,280 $10,623,280 $10,623,280

Medical Assistance Program CFDA93.778

$119,108

$119,108

$119,108

TOTAL AGENCY FUNDS

$50,049,137 $50,049,137 $50,049,137

Contributions, Donations, and Forfeitures

$49,137

$49,137

$49,137

Contributions, Donations, and Forfeitures Not Itemized

$49,137

$49,137

$49,137

Sales and Services

$50,000,000 $50,000,000 $50,000,000

Sales and Services Not Itemized

$50,000,000 $50,000,000 $50,000,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$267,497

$267,497

$267,497

State Funds Transfers

$196,808

$196,808

$196,808

Agency to Agency Contracts

$196,808

$196,808

$196,808

Federal Funds Transfers

$70,689

$70,689

$70,689

FF National School Lunch Program CFDA10.555

$70,689

$70,689

$70,689

TOTAL PUBLIC FUNDS

$319,535,559 $319,535,559 $319,535,559

Infectious Disease Control

Continuation Budget

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious

diseases.

TOTAL STATE FUNDS State General Funds

$30,499,493 $30,499,493

$30,499,493 $30,499,493

$30,499,493 $30,499,493

FRIDAY, MARCH 22, 2013

3373

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994
TOTAL PUBLIC FUNDS

$60,377,072 $60,292,583
$84,489 $90,876,565

$60,377,072 $60,292,583
$84,489 $90,876,565

$60,377,072 $60,292,583
$84,489 $90,876,565

246.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$158,129

246.2 Increase funds to provide clinical services and testing supplies. State General Funds

$158,129 $570,505

$158,129 $570,505

246.100 -Infectious Disease Control

Appropriation (HB 106)

The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious

diseases.

TOTAL STATE FUNDS

$30,657,622 $31,228,127 $31,228,127

State General Funds

$30,657,622 $31,228,127 $31,228,127

TOTAL FEDERAL FUNDS

$60,377,072 $60,377,072 $60,377,072

Federal Funds Not Itemized

$60,292,583 $60,292,583 $60,292,583

Maternal & Child Health Services Block Grant CFDA93.994

$84,489

$84,489

$84,489

TOTAL PUBLIC FUNDS

$91,034,694 $91,605,199 $91,605,199

Inspections and Environmental Hazard Control

Continuation Budget

The purpose of this appropriation is to detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food

service establishments, sewage management facilities, swimming pools.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,571,617 $3,571,617
$970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588

$3,571,617 $3,571,617
$970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588

$3,571,617 $3,571,617
$970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588

247.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$49,242

$49,242

$49,242

3374

JOURNAL OF THE HOUSE

247.100 -Inspections and Environmental Hazard Control

Appropriation (HB 106)

The purpose of this appropriation is to detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food

service establishments, sewage management facilities, swimming pools.

TOTAL STATE FUNDS

$3,620,859

$3,620,859

$3,620,859

State General Funds

$3,620,859

$3,620,859

$3,620,859

TOTAL FEDERAL FUNDS

$970,740

$970,740

$970,740

Federal Funds Not Itemized

$547,530

$547,530

$547,530

Maternal & Child Health Services Block Grant CFDA93.994

$200,210

$200,210

$200,210

Preventive Health & Health Services Block Grant CFDA93.991

$223,000

$223,000

$223,000

TOTAL AGENCY FUNDS

$618,231

$618,231

$618,231

Sales and Services

$618,231

$618,231

$618,231

Sales and Services Not Itemized

$618,231

$618,231

$618,231

TOTAL PUBLIC FUNDS

$5,209,830

$5,209,830

$5,209,830

Public Health Formula Grants to Counties

Continuation Budget

The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$81,858,779 $81,858,779
$986,551 $986,551 $82,845,330

$81,858,779 $81,858,779
$986,551 $986,551 $82,845,330

$81,858,779 $81,858,779
$986,551 $986,551 $82,845,330

248.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$4,885,533

248.2 Reduce funds for programmatic grant-in-aid for the Health Check Program.
State General Funds Medical Assistance Program CFDA93.778 Total Public Funds:

($986,551) ($986,551) ($1,973,102)

248.3 Increase funds for the third year phase-in of the new grant-in-aid formula to hold harmless all counties. State General Funds

$4,885,533
($986,551) ($986,551) ($1,973,102)
$1,559,885

$4,885,533
($986,551) ($986,551) ($1,973,102)
$1,559,885

248.100 -Public Health Formula Grants to Counties

Appropriation (HB 106)

The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

TOTAL STATE FUNDS

$85,757,761 $87,317,646 $87,317,646

State General Funds

$85,757,761 $87,317,646 $87,317,646

TOTAL PUBLIC FUNDS

$85,757,761 $87,317,646 $87,317,646

FRIDAY, MARCH 22, 2013

3375

Vital Records

Continuation Budget

The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,590,562 $3,590,562
$530,680 $530,680 $4,121,242

$3,590,562 $3,590,562
$530,680 $530,680 $4,121,242

$3,590,562 $3,590,562
$530,680 $530,680 $4,121,242

249.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$51,134

$51,134

$51,134

249.100 -Vital Records

Appropriation (HB 106)

The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

TOTAL STATE FUNDS

$3,641,696

$3,641,696

$3,641,696

State General Funds

$3,641,696

$3,641,696

$3,641,696

TOTAL FEDERAL FUNDS

$530,680

$530,680

$530,680

Federal Funds Not Itemized

$530,680

$530,680

$530,680

TOTAL PUBLIC FUNDS

$4,172,376

$4,172,376

$4,172,376

Brain and Spinal Injury Trust Fund

Continuation Budget

The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state

who have survived brain or spinal cord injuries.

TOTAL STATE FUNDS State General Funds Brain & Spinal Injury Trust Fund
TOTAL PUBLIC FUNDS

$2,396,580 $0
$2,396,580 $2,396,580

$2,396,580 $0
$2,396,580 $2,396,580

$2,396,580 $0
$2,396,580 $2,396,580

250.1 Reduce funds to reflect FY2012 collections and reduced awards. Brain & Spinal Injury Trust Fund

($408,078)

($408,078)

($408,078)

250.100 -Brain and Spinal Injury Trust Fund

Appropriation (HB 106)

The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state

who have survived brain or spinal cord injuries.

TOTAL STATE FUNDS

$1,988,502

$1,988,502

$1,988,502

Brain & Spinal Injury Trust Fund

$1,988,502

$1,988,502

$1,988,502

TOTAL PUBLIC FUNDS

$1,988,502

$1,988,502

$1,988,502

3376

JOURNAL OF THE HOUSE

Georgia Trauma Care Network Commission

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$15,937,214 $15,937,214 $15,937,214

$15,937,214 $15,937,214 $15,937,214

$15,937,214 $15,937,214 $15,937,214

251.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$9,381

$9,381

251.2 Reduce funds for contracts. State General Funds

($478,116) ($1,078,116)

251.3 Increase funds for uncompensated care and trauma readiness costs to reflect increased collections and new trauma centers.

State General Funds

$477,493

$477,493

$9,381 ($478,116) $477,493

251.100 -Georgia Trauma Care Network Commission

Appropriation (HB 106)

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 STATE FUNDS

$15,945,972 $15,345,972 $15,945,972

State General Funds

$15,945,972 $15,345,972 $15,945,972

TOTAL PUBLIC FUNDS

$15,945,972 $15,345,972 $15,945,972

Section 38: Public Safety, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Continuation $119,496,578 $119,496,578 $33,824,374 $33,824,374 $33,300,269 $8,655,538 $8,655,538 $432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400

$119,496,578 $119,496,578 $33,824,374 $33,824,374 $33,300,269
$8,655,538 $8,655,538
$432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400

$119,496,578 $119,496,578 $33,824,374 $33,824,374 $33,300,269
$8,655,538 $8,655,538
$432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400

FRIDAY, MARCH 22, 2013

3377

State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$235,400 $235,400 $186,856,621

$235,400 $235,400 $186,856,621

$235,400 $235,400 $186,856,621

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $120,099,603 $120,099,603 $33,824,374 $33,824,374 $33,617,071 $8,655,538 $8,655,538 $432,765 $432,765 $23,876,368 $23,876,368 $652,400 $652,400 $235,400 $235,400 $235,400 $187,776,448

$120,549,191 $120,549,191 $33,824,374 $33,824,374 $33,300,269
$8,655,538 $8,655,538
$432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400 $235,400 $235,400 $187,909,234

$120,284,956 $120,284,956 $33,824,374 $33,824,374 $33,617,071
$8,655,538 $8,655,538
$432,765 $432,765 $23,876,368 $23,876,368 $652,400 $652,400 $235,400 $235,400 $235,400 $187,961,801

Aviation

Continuation Budget

The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within

the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in

public safety efforts with aerial surveillance and observation.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,114,878 $3,114,878
$243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912

$3,114,878 $3,114,878
$243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912

$3,114,878 $3,114,878
$243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912

3378

JOURNAL OF THE HOUSE

252.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$41,597

252.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$1,077

252.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$223

$41,597 $1,077 $223

$41,597 $1,077 $223

252.100 -Aviation

Appropriation (HB 106)

The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within

the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in

public safety efforts with aerial surveillance and observation.

TOTAL STATE FUNDS

$3,157,775

$3,157,775

$3,157,775

State General Funds

$3,157,775

$3,157,775

$3,157,775

TOTAL FEDERAL FUNDS

$243,034

$243,034

$243,034

Federal Funds Not Itemized

$243,034

$243,034

$243,034

TOTAL AGENCY FUNDS

$4,100,000

$4,100,000

$4,100,000

Intergovernmental Transfers

$4,000,000

$4,000,000

$4,000,000

Intergovernmental Transfers Not Itemized

$4,000,000

$4,000,000

$4,000,000

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$7,500,809

$7,500,809

$7,500,809

Capitol Police Services

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499

$0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499

$0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499

253.100 -Capitol Police Services

Appropriation (HB 106)

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.

FRIDAY, MARCH 22, 2013

3379

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,372,499 $7,372,499 $7,372,499 $7,372,499

$7,372,499 $7,372,499 $7,372,499 $7,372,499

$7,372,499 $7,372,499 $7,372,499 $7,372,499

Departmental Administration

Continuation Budget

The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,249,014 $8,249,014
$141,571 $141,571
$3,510 $3,510 $3,510 $8,394,095

$8,249,014 $8,249,014
$141,571 $141,571
$3,510 $3,510 $3,510 $8,394,095

$8,249,014 $8,249,014
$141,571 $141,571
$3,510 $3,510 $3,510 $8,394,095

254.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$142,394

254.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$4,439

254.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$1,571

254.4 Reduce funds for personnel to reflect furloughs. State General Funds

($39,488)

254.5 Reduce funds for operations. State General Funds

($30,000)

254.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$142,394 $4,439 $1,571
($39,488) ($30,000)

$142,394 $4,439 $1,571
($39,488) ($30,000) ($30,647)

254.100-Departmental Administration

Appropriation (HB 106)

The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state.

TOTAL STATE FUNDS

$8,327,930

$8,327,930

$8,297,283

State General Funds

$8,327,930

$8,327,930

$8,297,283

TOTAL FEDERAL FUNDS

$141,571

$141,571

$141,571

Federal Funds Not Itemized

$141,571

$141,571

$141,571

3380

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,510 $3,510 $3,510 $8,473,011

$3,510 $3,510 $3,510 $8,473,011

$3,510 $3,510 $3,510 $8,442,364

Executive Security Services

Continuation Budget

The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of

Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important

individuals as determined by the Commissioner.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,602,488 $1,602,488
$336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253

$1,602,488 $1,602,488
$336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253

$1,602,488 $1,602,488
$336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253

255.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$769

$769

$769

255.2 Transfer funds, 17 positions and 33 motor vehicles from the Executive Security Services program to the Field Offices and Services program.

State General Funds Sales and Services Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds:

($1,603,257) ($54,000)
($282,765) ($1,940,022)

($1,603,257) ($54,000)
($282,765) ($1,940,022)

($1,603,257) ($54,000)
($282,765) ($1,940,022)

Field Offices and Services

Continuation Budget

The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and

support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special

Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$77,541,397 $77,541,397
$8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000

$77,541,397 $77,541,397
$8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000

$77,541,397 $77,541,397
$8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000

FRIDAY, MARCH 22, 2013

3381

Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835

$150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835

$150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835

256.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,547,751

$1,547,751

$1,547,751

256.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$68,295

$68,295

$68,295

256.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$12,771

$12,771

$12,771

256.4 Transfer funds, 36 positions and 30 motor vehicles from the Specialized Collision Reconstruction Team (SCRT) program to the Field Offices and Services program.

State General Funds Intergovernmental Transfers Not Itemized Total Public Funds:

$3,275,622 $205,538
$3,481,160

$3,275,622 $205,538
$3,481,160

$3,275,622 $205,538
$3,481,160

256.5 Transfer funds, 17 positions, and 33 motor vehicles from the Executive Security Services program to the Field Offices and Services program.

State General Funds Sales and Services Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds:

$1,603,257 $54,000 $282,765
$1,940,022

$1,603,257 $54,000 $282,765
$1,940,022

$1,603,257 $54,000 $282,765
$1,940,022

256.6 Reduce funds for personnel and reduce administrative positions from five to three as a result of the Specialized Collision Reconstruction Team program integration.

State General Funds

($79,081)

($79,081)

($79,081)

256.7 Reduce funds for personnel to replace a Specialized Collision Reconstruction Team Captain position with a Trooper position.

State General Funds

($64,556)

($64,556)

($64,556)

256.8 Reduce funds for operations. State General Funds

($169,564)

($169,564)

($169,564)

256.9 Increase funds to reflect projected expenditures. State General Funds

$36,983

$0

$36,983

3382

JOURNAL OF THE HOUSE

256.10 Transfer seven positions from the Georgia Bureau of Investigation to the Department of Public Safety and enter into a Memorandum of Understanding for operational control activities. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

256.100 -Field Offices and Services

Appropriation (HB 106)

The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and

support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special

Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.

TOTAL STATE FUNDS

$83,772,875 $83,735,892 $83,772,875

State General Funds

$83,772,875 $83,735,892 $83,772,875

TOTAL FEDERAL FUNDS

$8,096,038

$8,096,038

$8,096,038

Federal Funds Not Itemized

$8,096,038

$8,096,038

$8,096,038

TOTAL AGENCY FUNDS

$9,314,703

$9,314,703

$9,314,703

Intergovernmental Transfers

$2,605,538

$2,605,538

$2,605,538

Intergovernmental Transfers Not Itemized

$2,605,538

$2,605,538

$2,605,538

Rebates, Refunds, and Reimbursements

$432,765

$432,765

$432,765

Rebates, Refunds, and Reimbursements Not Itemized

$432,765

$432,765

$432,765

Sales and Services

$5,624,000

$5,624,000

$5,624,000

Sales and Services Not Itemized

$5,624,000

$5,624,000

$5,624,000

Sanctions, Fines, and Penalties

$652,400

$652,400

$652,400

Sanctions, Fines, and Penalties Not Itemized

$652,400

$652,400

$652,400

TOTAL PUBLIC FUNDS

$101,183,616 $101,146,633 $101,183,616

Motor Carrier Compliance

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,125,133 $10,125,133
$6,277,159 $6,277,159 $8,124,630
$290,000 $290,000 $7,834,630 $7,834,630 $24,526,922

$10,125,133 $10,125,133
$6,277,159 $6,277,159 $8,124,630
$290,000 $290,000 $7,834,630 $7,834,630 $24,526,922

$10,125,133 $10,125,133
$6,277,159 $6,277,159 $8,124,630
$290,000 $290,000 $7,834,630 $7,834,630 $24,526,922

FRIDAY, MARCH 22, 2013

3383

257.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$139,633

257.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$808

257.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$2,808

257.4 Reduce funds for operations. State General Funds

($87,051)

257.5 Reduce funds for motor vehicle purchases. State General Funds

($250,000)

257.6 Reduce funds for information technology. State General Funds

($133,386)

$139,633 $808
$2,808 ($87,051) ($250,000) ($133,386)

$139,633 $808
$2,808 ($87,051) ($250,000) ($133,386)

257.100 -Motor Carrier Compliance

Appropriation (HB 106)

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 STATE FUNDS

$9,797,945

$9,797,945

$9,797,945

State General Funds

$9,797,945

$9,797,945

$9,797,945

TOTAL FEDERAL FUNDS

$6,277,159

$6,277,159

$6,277,159

Federal Funds Not Itemized

$6,277,159

$6,277,159

$6,277,159

TOTAL AGENCY FUNDS

$8,124,630

$8,124,630

$8,124,630

Intergovernmental Transfers

$290,000

$290,000

$290,000

Intergovernmental Transfers Not Itemized

$290,000

$290,000

$290,000

Sales and Services

$7,834,630

$7,834,630

$7,834,630

Sales and Services Not Itemized

$7,834,630

$7,834,630

$7,834,630

TOTAL PUBLIC FUNDS

$24,199,734 $24,199,734 $24,199,734

Specialized Collision Reconstruction Team

Continuation Budget

The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the

prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for

complex crash and crime scene investigations upon request.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$3,274,853 $3,274,853
$205,538

$3,274,853 $3,274,853
$205,538

$3,274,853 $3,274,853
$205,538

3384

JOURNAL OF THE HOUSE

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$205,538 $205,538 $3,480,391

$205,538 $205,538 $3,480,391

$205,538 $205,538 $3,480,391

258.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$769

$769

$769

258.2 Transfer funds, 36 positions and 30 motor vehicles from the Specialized Collision Reconstruction Team program to the Field Offices and Services program.

State General Funds Intergovernmental Transfers Not Itemized Total Public Funds:

($3,275,622) ($205,538)
($3,481,160)

($3,275,622) ($205,538)
($3,481,160)

($3,275,622) ($205,538)
($3,481,160)

Troop J Specialty Units

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,502,013 $1,502,013 $1,502,013

$1,502,013 $1,502,013 $1,502,013

$1,502,013 $1,502,013 $1,502,013

259.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$32,602

259.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$769

259.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$201

$32,602 $769 $201

$32,602 $769 $201

259.100 -Troop J Specialty Units

Appropriation (HB 106)

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 STATE FUNDS

$1,535,585

$1,535,585

$1,535,585

State General Funds

$1,535,585

$1,535,585

$1,535,585

TOTAL PUBLIC FUNDS

$1,535,585

$1,535,585

$1,535,585

FRIDAY, MARCH 22, 2013

3385

Firefighter Standards and Training Council, Georgia

Continuation Budget

The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire

safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's

firefighters.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$635,005 $635,005 $635,005

$635,005 $635,005 $635,005

$635,005 $635,005 $635,005

260.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$12,764

260.2 Increase funds for personnel. State General Funds

$12,764 $16,000

$12,764 $16,000

260.100 -Firefighter Standards and Training Council, Georgia

Appropriation (HB 106)

The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire

safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's

firefighters.

TOTAL STATE FUNDS

$647,769

$663,769

$663,769

State General Funds

$647,769

$663,769

$663,769

TOTAL PUBLIC FUNDS

$647,769

$663,769

$663,769

Peace Officer Standards and Training Council, Georgia

Continuation Budget

The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement

officers and public safety professionals, certify individuals when all requirements are met, to investigate officers and public safety professionals when an

allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,471,897 $2,471,897
$308,051 $308,051 $308,051 $2,779,948

$2,471,897 $2,471,897
$308,051 $308,051 $308,051 $2,779,948

$2,471,897 $2,471,897
$308,051 $308,051 $308,051 $2,779,948

261.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$46,744

$46,744

$46,744

3386

JOURNAL OF THE HOUSE

261.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$2,932

$2,932

$2,932

261.3 Replace funds for operations.
State General Funds Sales and Services Not Itemized Total Public Funds:

($316,802) $316,802
$0

$0

($316,802)

$0

$316,802

$0

$0

261.4 Reduce funds for one-time funding of contracts for newly elected Sheriffs. State General Funds

($401,950)

($401,950)

($401,950)

261.5 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Association of Chiefs of Police training contract.

State General Funds

($232,933)

($232,933)

$0

261.6 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Sheriffs' Association training contract.

State General Funds

($295,989)

($295,989)

$0

261.7 Reduce funds for personnel. State General Funds

($46,231)

$0

261.100 -Peace Officer Standards and Training Council, Georgia

Appropriation (HB 106)

The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement

officers and public safety professionals, certify individuals when all requirements are met, to investigate officers and public safety professionals when an

allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary.

TOTAL STATE FUNDS

$1,273,899

$1,544,470

$1,802,821

State General Funds

$1,273,899

$1,544,470

$1,802,821

TOTAL AGENCY FUNDS

$624,853

$308,051

$624,853

Sales and Services

$624,853

$308,051

$624,853

Sales and Services Not Itemized

$624,853

$308,051

$624,853

TOTAL PUBLIC FUNDS

$1,898,752

$1,852,521

$2,427,674

Public Safety Training Center, Georgia

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

$10,611,301 $10,611,301
$1,739,391 $1,739,391

$10,611,301 $10,611,301
$1,739,391 $1,739,391

$10,611,301 $10,611,301
$1,739,391 $1,739,391

FRIDAY, MARCH 22, 2013

3387

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,207,466

$3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,207,466

$3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,207,466

262.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$175,535

$175,535

$175,535

262.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$18,773

$18,773

$18,773

262.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds

($108,841)

($108,841)

($108,841)

262.4 Reduce funds for contracts due to the closure of the North Central Georgia Law Enforcement Training Academy. (S:Continue contract with North Central Georgia Law Enforcement Training Academy)

State General Funds

($200,000)

($200,000)

($50,000)

262.5 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Association of Chiefs of Police training contract.

State General Funds

$232,933

$232,933

$0

262.6 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Sheriffs' Association training contract.

State General Funds

$295,989

$295,989

$0

262.7 Increase funds for law enforcement training operations at the Dalton Regional Law Enforcement Academy. State General Funds

$200,000

$50,000

262.100 -Public Safety Training Center, Georgia

Appropriation (HB 106)

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 STATE FUNDS

$11,025,690 $11,225,690 $10,696,768

State General Funds

$11,025,690 $11,225,690 $10,696,768

TOTAL FEDERAL FUNDS

$1,739,391

$1,739,391

$1,739,391

Federal Funds Not Itemized

$1,739,391

$1,739,391

$1,739,391

3388

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,621,855

$3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,821,855

$3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774
$117,000 $117,000 $117,000 $16,292,933

Highway Safety, Office of

Continuation Budget

The purpose of this appropriation is to educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and

fatalities on Georgia roadways.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $337,102 $118,400 $118,400 $118,400 $18,151,282

$368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $337,102 $118,400 $118,400 $118,400 $18,151,282

$368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $337,102 $118,400 $118,400 $118,400 $18,151,282

263.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$5,878

263.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$11,160

263.3 Increase funds for personnel for five positions to offset a loss of federal funds. State General Funds

$185,556

263.4 Reduce funds for real estate rentals. State General Funds

($11,058)

$5,878 $11,160 $185,556 ($11,058)

$5,878 $11,160 $185,556 ($11,058)

FRIDAY, MARCH 22, 2013

3389

263.100 -Highway Safety, Office of

Appropriation (HB 106)

The purpose of this appropriation is to educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and

fatalities on Georgia roadways.

TOTAL STATE FUNDS

$560,135

$560,135

$560,135

State General Funds

$560,135

$560,135

$560,135

TOTAL FEDERAL FUNDS

$17,327,181 $17,327,181 $17,327,181

Federal Funds Not Itemized

$17,327,181 $17,327,181 $17,327,181

TOTAL AGENCY FUNDS

$337,102

$337,102

$337,102

Sales and Services

$337,102

$337,102

$337,102

Sales and Services Not Itemized

$337,102

$337,102

$337,102

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$118,400

$118,400

$118,400

State Funds Transfers

$118,400

$118,400

$118,400

Agency to Agency Contracts

$118,400

$118,400

$118,400

TOTAL PUBLIC FUNDS

$18,342,818 $18,342,818 $18,342,818

Section 39: Public Service Commission
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $7,963,566 $7,963,566 $1,541,721 $1,541,721 $9,505,287

$7,963,566 $7,963,566 $1,541,721 $1,541,721 $9,505,287

$7,963,566 $7,963,566 $1,541,721 $1,541,721 $9,505,287

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $7,615,664 $7,615,664 $1,541,721 $1,541,721 $9,157,385

$7,740,820 $7,740,820 $1,541,721 $1,541,721 $9,282,541

$7,615,664 $7,615,664 $1,541,721 $1,541,721 $9,157,385

Commission Administration The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$1,111,939 $1,111,939
$83,500 $83,500 $1,195,439

$1,111,939 $1,111,939
$83,500 $83,500 $1,195,439

$1,111,939 $1,111,939
$83,500 $83,500 $1,195,439

3390

JOURNAL OF THE HOUSE

264.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$24,201

264.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$524

264.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$271

$24,201 $524 $271

$24,201 $524 $271

264.100 -Commission Administration

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS

$1,136,935

State General Funds

$1,136,935

TOTAL FEDERAL FUNDS

$83,500

Federal Funds Not Itemized

$83,500

TOTAL PUBLIC FUNDS

$1,220,435

Appropriation (HB 106)

$1,136,935 $1,136,935
$83,500 $83,500 $1,220,435

$1,136,935 $1,136,935
$83,500 $83,500 $1,220,435

Facility Protection

Continuation Budget

The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through

training and inspections.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$977,613 $977,613 $1,188,246 $1,188,246 $2,165,859

$977,613 $977,613 $1,188,246 $1,188,246 $2,165,859

$977,613 $977,613 $1,188,246 $1,188,246 $2,165,859

265.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$35,371

265.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$766

265.3 Reduce funds for operations. State General Funds

($55,123)

$35,371 $766
($55,123)

$35,371 $766
($55,123)

265.100 -Facility Protection

Appropriation (HB 106)

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.

FRIDAY, MARCH 22, 2013

3391

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$958,627 $958,627 $1,188,246 $1,188,246 $2,146,873

$958,627 $958,627 $1,188,246 $1,188,246 $2,146,873

$958,627 $958,627 $1,188,246 $1,188,246 $2,146,873

Utilities Regulation

Continuation Budget

The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies,

approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among

competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,874,014 $5,874,014
$269,975 $269,975 $6,143,989

$5,874,014 $5,874,014
$269,975 $269,975 $6,143,989

$5,874,014 $5,874,014
$269,975 $269,975 $6,143,989

266.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$126,592

$126,592

$126,592

266.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$2,740

$2,740

$2,740

266.3 Reduce funds for personnel and eliminate three filled positions. (H:Reduce funds for personnel and eliminate two filled positions)

State General Funds

($483,244)

($358,088)

($483,244)

266.99

SAC: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. House: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. Gov Rev: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers.

State General Funds

$0

$0

$0

3392

JOURNAL OF THE HOUSE

266.100 -Utilities Regulation

Appropriation (HB 106)

The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers.

TOTAL STATE FUNDS

$5,520,102

$5,645,258

$5,520,102

State General Funds

$5,520,102

$5,645,258

$5,520,102

TOTAL FEDERAL FUNDS

$269,975

$269,975

$269,975

Federal Funds Not Itemized

$269,975

$269,975

$269,975

TOTAL PUBLIC FUNDS

$5,790,077

$5,915,233

$5,790,077

Section 40: Regents, University System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,828,569,784 $1,828,569,784

$1,828,569,784 $1,828,569,784

$4,520,662,186 $4,520,662,186

$3,625,810

$3,625,810

$3,625,810

$3,625,810

$2,109,626,120 $2,109,626,120

$1,972,097,601 $1,972,097,601

$137,528,519 $137,528,519

$223,307,362 $223,307,362

$223,307,362 $223,307,362

$2,184,102,894 $2,184,102,894

$519,190,845 $519,190,845

$1,664,912,049 $1,664,912,049

$6,349,231,970 $6,349,231,970

$1,828,569,784 $1,828,569,784 $4,520,662,186
$3,625,810 $3,625,810 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,102,894 $519,190,845 $1,664,912,049 $6,349,231,970

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Record Center Storage Fees

Section Total - Final $1,878,458,196 $1,878,458,196 $4,521,194,857 $3,647,710 $3,647,710 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,613,665 $435,771

$1,877,452,752 $1,877,452,752 $4,521,194,857
$3,647,710 $3,647,710 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,613,665
$435,771

$1,894,952,215 $1,894,952,215 $4,521,194,857
$3,647,710 $3,647,710 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,613,665
$435,771

FRIDAY, MARCH 22, 2013

3393

Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS

$519,265,845 $519,265,845 $519,265,845 $1,664,912,049 $1,664,912,049 $1,664,912,049 $6,399,653,053 $6,398,647,609 $6,416,147,072

Agricultural Experiment Station

Continuation Budget

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability

and global competiveness of Georgia's agribusiness.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000
$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924

$35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000
$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924

$35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000
$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924

267.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$199,217

$199,217

$199,217

267.2 Increase funds for the employer share of health insurance. State General Funds

$291,712

$291,712

$291,712

267.3 Reduce funds for personnel. State General Funds

($1,053,210)

($789,907) ($1,053,210)

267.4 Increase funds for scientists specializing in peaches ($75,000), Food Product Innovations and Commercialization ($75,000), dairy heat stress ($150,000), and the Ted G. Dyer Beef Cattle Animal Scientist position at the Calhoun Extension Bull Test Station ($125,000).

State General Funds

$425,000

$425,000

267.100 -Agricultural Experiment Station

Appropriation (HB 106)

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability

and global competiveness of Georgia's agribusiness.

TOTAL STATE FUNDS

$34,544,724 $35,233,027 $34,969,724

State General Funds

$34,544,724 $35,233,027 $34,969,724

TOTAL AGENCY FUNDS

$37,552,919 $37,552,919 $37,552,919

Intergovernmental Transfers

$22,000,000 $22,000,000 $22,000,000

University System of Georgia Research Funds

$22,000,000 $22,000,000 $22,000,000

3394

JOURNAL OF THE HOUSE

Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,097,643

$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,785,946

$5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,522,643

Athens and Tifton Veterinary Laboratories

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds
TOTAL PUBLIC FUNDS

$0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522

$0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522

$0 $0 $4,944,522 $4,944,522 $4,944,522 $4,944,522

268.100 -Athens and Tifton Veterinary Laboratories

Appropriation (HB 106)

The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the

safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals.

TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds
TOTAL PUBLIC FUNDS

$4,944,522 $4,944,522 $4,944,522 $4,944,522

$4,944,522 $4,944,522 $4,944,522 $4,944,522

$4,944,522 $4,944,522 $4,944,522 $4,944,522

Cooperative Extension Service

Continuation Budget

The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and

consumer sciences, and to manage the 4-H youth program for the state.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780

$29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780

$29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000
$7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780

FRIDAY, MARCH 22, 2013

3395

269.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$215,197

$215,197

269.2 Increase funds for the employer share of health insurance. State General Funds

$345,363

$345,363

269.3 Reduce funds for personnel. State General Funds

($884,036)

($663,027)

$215,197 $345,363 ($663,027)

269.100 -Cooperative Extension Service

Appropriation (HB 106)

The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and

consumer sciences, and to manage the 4-H youth program for the state.

TOTAL STATE FUNDS

$29,144,375 $29,365,384 $29,365,384

State General Funds

$29,144,375 $29,365,384 $29,365,384

TOTAL AGENCY FUNDS

$25,083,929 $25,083,929 $25,083,929

Intergovernmental Transfers

$13,000,000 $13,000,000 $13,000,000

University System of Georgia Research Funds

$13,000,000 $13,000,000 $13,000,000

Rebates, Refunds, and Reimbursements

$7,875,069

$7,875,069

$7,875,069

Rebates, Refunds, and Reimbursements Not Itemized

$7,875,069

$7,875,069

$7,875,069

Sales and Services

$4,208,860

$4,208,860

$4,208,860

Sales and Services Not Itemized

$4,208,860

$4,208,860

$4,208,860

TOTAL PUBLIC FUNDS

$54,228,304 $54,449,313 $54,449,313

Enterprise Innovation Institute

Continuation Budget

The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven

economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,375,440 $7,375,440 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,850,440

$7,375,440 $7,375,440 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,850,440

$7,375,440 $7,375,440 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,850,440

270.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$17,142

$17,142

$17,142

3396

JOURNAL OF THE HOUSE

270.2 Increase funds for the employer share of health insurance ($13,923) and retiree health benefits ($2,370).

State General Funds

$16,293

270.3 Reduce funds for operations. State General Funds

($115,203)

270.4 Increase funds for Invest Georgia per SB224 (2013 Session). State General Funds

$16,293

$16,293

($221,263)

($221,263)

$10,000,000

270.100 -Enterprise Innovation Institute

Appropriation (HB 106)

The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven

economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

TOTAL STATE FUNDS

$7,293,672

$7,187,612 $17,187,612

State General Funds

$7,293,672

$7,187,612 $17,187,612

TOTAL AGENCY FUNDS

$10,475,000 $10,475,000 $10,475,000

Intergovernmental Transfers

$7,875,000

$7,875,000

$7,875,000

University System of Georgia Research Funds

$7,875,000

$7,875,000

$7,875,000

Rebates, Refunds, and Reimbursements

$1,100,000

$1,100,000

$1,100,000

Rebates, Refunds, and Reimbursements Not Itemized

$1,100,000

$1,100,000

$1,100,000

Sales and Services

$1,500,000

$1,500,000

$1,500,000

Sales and Services Not Itemized

$1,500,000

$1,500,000

$1,500,000

TOTAL PUBLIC FUNDS

$17,768,672 $17,662,612 $27,662,612

Forestry Cooperative Extension

Continuation Budget

The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests

and other natural resources.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774

$502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774

$502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774

271.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$1,463

$1,463

$1,463

FRIDAY, MARCH 22, 2013

3397

271.2 Increase funds for the employer share of health insurance. State General Funds
271.3 Reduce funds for personnel. State General Funds

$2,255 ($15,084)

$2,255 ($11,313)

$2,255 ($15,084)

271.100 -Forestry Cooperative Extension

Appropriation (HB 106)

The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests

and other natural resources.

TOTAL STATE FUNDS

$491,420

$495,191

$491,420

State General Funds

$491,420

$495,191

$491,420

TOTAL AGENCY FUNDS

$575,988

$575,988

$575,988

Intergovernmental Transfers

$475,988

$475,988

$475,988

University System of Georgia Research Funds

$475,988

$475,988

$475,988

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$1,067,408

$1,071,179

$1,067,408

Forestry Research

Continuation Budget

The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-

industrial forest landowners and natural resources professionals in complying with state and federal regulations.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,830,354

$2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,830,354

$2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000
$590,634 $590,634 $659,792 $659,792 $12,830,354

272.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$15,113

$15,113

272.2 Increase funds for the employer share of health insurance. State General Funds

$25,261

$25,261

$15,113 $25,261

3398

JOURNAL OF THE HOUSE

272.3 Reduce funds for personnel. State General Funds

($77,398)

($58,048)

($77,398)

272.100 -Forestry Research

Appropriation (HB 106)

The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-

industrial forest landowners and natural resources professionals in complying with state and federal regulations.

TOTAL STATE FUNDS

$2,542,904

$2,562,254

$2,542,904

State General Funds

$2,542,904

$2,562,254

$2,542,904

TOTAL AGENCY FUNDS

$10,250,426 $10,250,426 $10,250,426

Intergovernmental Transfers

$9,000,000

$9,000,000

$9,000,000

University System of Georgia Research Funds

$9,000,000

$9,000,000

$9,000,000

Rebates, Refunds, and Reimbursements

$590,634

$590,634

$590,634

Rebates, Refunds, and Reimbursements Not Itemized

$590,634

$590,634

$590,634

Sales and Services

$659,792

$659,792

$659,792

Sales and Services Not Itemized

$659,792

$659,792

$659,792

TOTAL PUBLIC FUNDS

$12,793,330 $12,812,680 $12,793,330

Georgia Archives

Continuation Budget

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

273.1 Transfer funds and 10 positions from the Secretary of State to the Board of Regents for archives and records maintenance.

State General Funds Record Center Storage Fees Sales and Services Not Itemized Contributions, Donations, and Forfeitures Not Itemized Total Public Funds:

$3,851,428 $435,771 $75,000 $21,900
$4,384,099

$3,851,428 $435,771 $75,000 $21,900
$4,384,099

$3,851,428 $435,771 $75,000 $21,900
$4,384,099

273.2 Increase funds for additional personnel and to expand public operating hours. State General Funds

$224,113

$300,000

273.99

SAC: 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. House: 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. Gov Rev: The purpose of this appropriation is to maintain the state's archives; document and interpret the history of the Georgia State Capitol

FRIDAY, MARCH 22, 2013

3399

building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center.

State General Funds

$0

$0

$0

273.100 -Georgia Archives

Appropriation (HB 106)

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 STATE FUNDS

$3,851,428

$4,075,541

$4,151,428

State General Funds

$3,851,428

$4,075,541

$4,151,428

TOTAL AGENCY FUNDS

$532,671

$532,671

$532,671

Contributions, Donations, and Forfeitures

$21,900

$21,900

$21,900

Contributions, Donations, and Forfeitures Not Itemized

$21,900

$21,900

$21,900

Sales and Services

$510,771

$510,771

$510,771

Record Center Storage Fees

$435,771

$435,771

$435,771

Sales and Services Not Itemized

$75,000

$75,000

$75,000

TOTAL PUBLIC FUNDS

$4,384,099

$4,608,212

$4,684,099

Georgia Radiation Therapy Center

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

274.100 -Georgia Radiation Therapy Center

Appropriation (HB 106)

The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and

Radiation Therapy.

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$3,625,810 $3,625,810 $3,625,810 $3,625,810

$3,625,810 $3,625,810 $3,625,810 $3,625,810

$3,625,810 $3,625,810 $3,625,810 $3,625,810

3400

JOURNAL OF THE HOUSE

Georgia Tech Research Institute

Continuation Budget

The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific,

engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589

$5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589

$5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589

275.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$3,752

$3,752

275.2 Increase funds for the employer share of health insurance ($12,071) and retiree health benefits ($3,315).

State General Funds

$15,386

$15,386

275.3 Reduce funds for operations. State General Funds

($172,249)

($172,249)

275.4 Reduce funds added in HB742 (2012 Session) for industrial storm water solutions for Georgia's poultry industry.

State General Funds

($50,000)

($50,000)

$3,752 $15,386 ($172,249) ($50,000)

275.100 -Georgia Tech Research Institute

Appropriation (HB 106)

The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific,

engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

TOTAL STATE FUNDS

$5,588,520

$5,588,520

$5,588,520

State General Funds

$5,588,520

$5,588,520

$5,588,520

TOTAL AGENCY FUNDS

$223,917,958 $223,917,958 $223,917,958

Intergovernmental Transfers

$141,469,736 $141,469,736 $141,469,736

University System of Georgia Research Funds

$141,469,736 $141,469,736 $141,469,736

Rebates, Refunds, and Reimbursements

$68,733,109 $68,733,109 $68,733,109

Rebates, Refunds, and Reimbursements Not Itemized

$68,733,109 $68,733,109 $68,733,109

Sales and Services

$13,715,113 $13,715,113 $13,715,113

Sales and Services Not Itemized

$13,715,113 $13,715,113 $13,715,113

TOTAL PUBLIC FUNDS

$229,506,478 $229,506,478 $229,506,478

FRIDAY, MARCH 22, 2013

3401

Marine Institute

Continuation Budget

The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access

and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731

$729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731

$729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731

276.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$3,458

$3,458

276.2 Increase funds for the employer share of health insurance. State General Funds

$3,543

$3,543

276.3 Reduce funds for operations. State General Funds

($21,884)

($21,884)

$3,458 $3,543 ($21,884)

276.100 -Marine Institute

Appropriation (HB 106)

The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access

and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

TOTAL STATE FUNDS

$714,567

$714,567

$714,567

State General Funds

$714,567

$714,567

$714,567

TOTAL AGENCY FUNDS

$486,281

$486,281

$486,281

Intergovernmental Transfers

$367,648

$367,648

$367,648

University System of Georgia Research Funds

$367,648

$367,648

$367,648

Rebates, Refunds, and Reimbursements

$118,633

$118,633

$118,633

Rebates, Refunds, and Reimbursements Not Itemized

$118,633

$118,633

$118,633

TOTAL PUBLIC FUNDS

$1,200,848

$1,200,848

$1,200,848

Marine Resources Extension Center

Continuation Budget

The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$1,199,121 $1,199,121 $1,345,529

$1,199,121 $1,199,121 $1,345,529

$1,199,121 $1,199,121 $1,345,529

3402

JOURNAL OF THE HOUSE

Intergovernmental Transfers University System of Georgia Research Funds
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650

$600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650

$600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650

277.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$7,340

$7,340

277.2 Increase funds for employer share of health insurance. State General Funds

$8,765

$8,765

277.3 Reduce funds for personnel. State General Funds

($35,974)

($35,974)

$7,340 $8,765 ($35,974)

277.100 -Marine Resources Extension Center

Appropriation (HB 106)

The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

TOTAL STATE FUNDS

$1,179,252

$1,179,252

$1,179,252

State General Funds

$1,179,252

$1,179,252

$1,179,252

TOTAL AGENCY FUNDS

$1,345,529

$1,345,529

$1,345,529

Intergovernmental Transfers

$600,000

$600,000

$600,000

University System of Georgia Research Funds

$600,000

$600,000

$600,000

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

Sales and Services

$655,529

$655,529

$655,529

Sales and Services Not Itemized

$655,529

$655,529

$655,529

TOTAL PUBLIC FUNDS

$2,524,781

$2,524,781

$2,524,781

Medical College of Georgia Hospital and Clinics

Continuation Budget

The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency

and express care.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$29,172,642 $29,172,642 $29,172,642

$29,172,642 $29,172,642 $29,172,642

$29,172,642 $29,172,642 $29,172,642

FRIDAY, MARCH 22, 2013

3403

278.1 Reduce funds for personnel and replace with other funds. State General Funds

($875,179)

($875,179)

($875,179)

278.100 -Medical College of Georgia Hospital and Clinics

Appropriation (HB 106)

The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency

and express care.

TOTAL STATE FUNDS

$28,297,463 $28,297,463 $28,297,463

State General Funds

$28,297,463 $28,297,463 $28,297,463

TOTAL PUBLIC FUNDS

$28,297,463 $28,297,463 $28,297,463

Public Libraries

Continuation Budget

The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to

information for all Georgians regardless of geographic location or special needs.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds
TOTAL PUBLIC FUNDS

$32,189,109 $32,189,109
$5,222,400 $5,222,400 $5,222,400 $37,411,509

$32,189,109 $32,189,109
$5,222,400 $5,222,400 $5,222,400 $37,411,509

$32,189,109 $32,189,109
$5,222,400 $5,222,400 $5,222,400 $37,411,509

279.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$131,552

$131,552

279.2 Increase funds for the employer share of the health insurance. State General Funds

$4,636

$4,636

279.3 Reduce funds for personnel. State General Funds

($41,646)

($41,646)

279.4 Reduce funds for operations. State General Funds

($32,963)

($32,963)

279.5 Reduce funds for public library state grants. State General Funds

($891,064)

($891,064)

279.6 Increase funds for the New Directions formula based on an increase in state population. State General Funds

$138,000

$138,000

$131,552 $4,636
($41,646) ($32,963) ($891,064) $138,000

3404

JOURNAL OF THE HOUSE

279.100 -Public Libraries

Appropriation (HB 106)

The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to

information for all Georgians regardless of geographic location or special needs.

TOTAL STATE FUNDS

$31,497,624 $31,497,624 $31,497,624

State General Funds

$31,497,624 $31,497,624 $31,497,624

TOTAL AGENCY FUNDS

$5,222,400

$5,222,400

$5,222,400

Intergovernmental Transfers

$5,222,400

$5,222,400

$5,222,400

University System of Georgia Research Funds

$5,222,400

$5,222,400

$5,222,400

TOTAL PUBLIC FUNDS

$36,720,024 $36,720,024 $36,720,024

Public Service / Special Funding Initiatives

Continuation Budget

The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$18,843,915 $18,843,915 $18,843,915

$18,843,915 $18,843,915 $18,843,915

$18,843,915 $18,843,915 $18,843,915

280.1 Increase funds for the Health Professions Initiative to address graduate medical education.

State General Funds

$2,075,000

$2,075,000

$2,075,000

280.2 Reduce funds for the Health Professions Initiative. State General Funds

($126,900)

($126,900)

($126,900)

280.3 Increase funds for cancer research to the Georgia Regents University Cancer Center. State General Funds

$5,000,000

$5,000,000

$5,000,000

280.4 Reduce funds for personnel and operations for the Fort Valley University Land Grant Match.

State General Funds

($109,942)

($109,942)

($109,942)

280.5 Reduce funds for personnel and operations for the Georgia Regents University Mission Related Program.

State General Funds

($170,735)

($170,735)

($170,735)

280.6 Eliminate funds for the Georgia Regents University Nurse Anesthetist Program. State General Funds

($258,012)

($258,012)

($258,012)

280.7 Transfer funds from the Department of Education to the Public Service/Special Funding Initiatives program in the University System of Georgia for the Georgia Youth Science and Technology program and create a Georgia Youth Science and Technology subprogram.

State General Funds

$50,000

280.100 -Public Service / Special Funding Initiatives

Appropriation (HB 106)

The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

FRIDAY, MARCH 22, 2013

3405

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$25,253,326 $25,253,326 $25,253,326

$25,253,326 $25,253,326 $25,253,326

$25,303,326 $25,303,326 $25,303,326

Regents Central Office

Continuation Budget

The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern

Regional Education Board.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,231,266 $8,231,266 $8,231,266

$8,231,266 $8,231,266 $8,231,266

$8,231,266 $8,231,266 $8,231,266

281.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$28,000

$28,000

$28,000

281.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$23,618

$23,618

$23,618

281.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$104,358

$104,358

$104,358

281.4 Increase funds for the employer share of health insurance. State General Funds

$15,884

$15,884

$15,884

281.5 Reduce funds for personnel for the University System Office. State General Funds

($133,097)

($133,097)

($133,097)

281.6 Reduce funds for operations to GALILEO. State General Funds

($77,488)

($77,488)

($77,488)

281.7 Transfer funds from the Department of Education to the University System of Georgia for GALILEO. (H and S:Transfer funds for GALILEO and the SIRS Discovery subscription from the Department of Education)

State General Funds

$125,512

$232,302

$232,302

281.8 Utilize existing funds to fund the adjustment in the per student rate for the Regional Contract Optometry Program. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

281.100 -Regents Central Office

Appropriation (HB 106)

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.

3406

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$8,318,053 $8,318,053 $8,318,053

$8,424,843 $8,424,843 $8,424,843

$8,424,843 $8,424,843 $8,424,843

Research Consortium

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,293,244 $6,293,244 $6,293,244

$6,293,244 $6,293,244 $6,293,244

$6,293,244 $6,293,244 $6,293,244

282.1 Reduce funds for personnel. State General Funds
282.2 Reduce funds for operations. State General Funds

($6,430) ($182,367)

($6,430) ($182,367)

($6,430) ($182,367)

282.100 -Research Consortium

Appropriation (HB 106)

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 STATE FUNDS

$6,104,447

$6,104,447

$6,104,447

State General Funds

$6,104,447

$6,104,447

$6,104,447

TOTAL PUBLIC FUNDS

$6,104,447

$6,104,447

$6,104,447

Skidaway Institute of Oceanography

Continuation Budget

The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620
$550,000 $550,000 $350,000 $350,000 $4,879,925

$1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620
$550,000 $550,000 $350,000 $350,000 $4,879,925

$1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620
$550,000 $550,000 $350,000 $350,000 $4,879,925

FRIDAY, MARCH 22, 2013

3407

283.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$6,657

$6,657

283.2 Increase fund for the employer share of health insurance ($6,093) and retiree health benefits ($9,693).

State General Funds

$15,786

$15,786

283.3 Reduce funds for personnel. State General Funds

($36,879)

($36,879)

$6,657 $15,786 ($36,879)

283.100 -Skidaway Institute of Oceanography

Appropriation (HB 106)

The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

TOTAL STATE FUNDS

$1,214,869

$1,214,869

$1,214,869

State General Funds

$1,214,869

$1,214,869

$1,214,869

TOTAL AGENCY FUNDS

$3,650,620

$3,650,620

$3,650,620

Intergovernmental Transfers

$2,750,620

$2,750,620

$2,750,620

University System of Georgia Research Funds

$2,750,620

$2,750,620

$2,750,620

Rebates, Refunds, and Reimbursements

$550,000

$550,000

$550,000

Rebates, Refunds, and Reimbursements Not Itemized

$550,000

$550,000

$550,000

Sales and Services

$350,000

$350,000

$350,000

Sales and Services Not Itemized

$350,000

$350,000

$350,000

TOTAL PUBLIC FUNDS

$4,865,489

$4,865,489

$4,865,489

Teaching

Continuation Budget

The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student

instruction and to establish and operate other initiatives that promote, support, or extend student learning.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL PUBLIC FUNDS

$1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,764,391,687
$137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648

$1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,764,391,687
$137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648

$1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,764,391,687
$137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648

3408

JOURNAL OF THE HOUSE

284.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$175,222

$175,222

$175,222

284.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$11,592,074 $11,592,074

$11,592,074

284.3 Reduce funds for personnel. State General Funds

($27,500,000) ($27,500,000) ($27,500,000)

284.4 Reduce funds for operations. State General Funds

($21,449,974) ($21,449,974) ($21,449,974)

284.5 Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions.

State General Funds

$62,854,468 $62,915,613

$62,915,613

284.6 Increase funds for the employer share of health insurance ($10,137,873) and retiree health benefits ($5,708,131).

State General Funds

$15,846,004 $15,846,004

$15,846,004

284.7 Increase funds to adjust the debt service payback amount for projects constructed at Georgia Tech ($2,086,405), Kennesaw State University ($412,934), and University of Georgia ($3,403,192).

State General Funds

$5,902,531

$5,902,531

$5,902,531

284.8 Reduce funds for one-time funding added in HB742 (2012 Session) for the Southern Legislative Conference's Center for Advancement of Leadership Skills Program at Georgia State University.

State General Funds

($25,000)

($25,000)

($25,000)

284.9

Reduce funds for the special appropriation for Georgia Gwinnett College to reflect a decreased rate of enrollment growth. (H:Reduce the $16.5 million special appropriation for Georgia Gwinnett College by $8.25 million to reflect transition to formula earnings)(S:It is the intent of the General Assembly that the Special Funding Initiative for Georgia Gwinnett College be phased out over a 7 year period beginning in FY2015 in accordance with the plan developed by Georgia Gwinnett College and the University System of Georgia)

State General Funds

($5,000,000) ($8,250,000)

$0

284.10 Reduce funds for one-time funding for a teaching Eminent Scholar. State General Funds

($500,000)

($500,000)

($500,000)

284.11 Transfer $6,744,968 from the Georgia Gwinnett College special appropriation to the funding formula to provide Georgia Gwinnett College with full enrollment growth for the final class added in FY2012.

State General Funds

$0

$0

284.12

Reflect the absence of special enrollment appropriations for Abraham Baldwin Agricultural College, Albany State University, Armstrong Atlantic State University, Atlanta Metropolitan State College, Bainbridge State College, Clayton State University, College of Coastal Georgia, Columbus State University, Dalton State College, Darton State College, East Georgia State College, Fort Valley State University, Georgia College and State University, Georgia Highlands College, Georgia Institute of Technology, Georgia Perimeter College, Georgia Regents University, Georgia Southern

FRIDAY, MARCH 22, 2013

3409

University, Georgia Southwestern State University, Georgia State University, Gordon State College, Kennesaw State University, Middle Georgia State College, Savannah State University, South Georgia State College, Southern Polytechnic State University, University of Georgia, University of North Georgia, University of West Georgia, and Valdosta State University. (S:NO)

State General Funds

$0

$0

284.13 Increase funds for the Carl Vinson Institute of Government training contract. (S:Recognize Carl Vinson Institute training contract remaining in State Accounting Office)

State General Funds

$90,000

$0

284.14 Transfer funds from the Department of Education to the University System of Georgia for the Georgia Youth Science and Technology program. (S:Transfer funds from the Department of Education to the Public Service/Special Funding Initiatives program in the University System of Georgia for the Georgia Youth Science and Technology program)

State General Funds

$50,000

$0

284.100 -Teaching

Appropriation (HB 106)

The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student

instruction and to establish and operate other initiatives that promote, support, or extend student learning.

TOTAL STATE FUNDS

$1,673,586,120 $1,670,537,265 $1,678,647,265

State General Funds

$1,673,586,120 $1,670,537,265 $1,678,647,265

TOTAL AGENCY FUNDS

$4,183,908,853 $4,183,908,853 $4,183,908,853

Intergovernmental Transfers

$1,901,920,206 $1,901,920,206 $1,901,920,206

University System of Georgia Research Funds

$1,764,391,687 $1,764,391,687 $1,764,391,687

Intergovernmental Transfers Not Itemized

$137,528,519 $137,528,519 $137,528,519

Rebates, Refunds, and Reimbursements

$138,766,875 $138,766,875 $138,766,875

Rebates, Refunds, and Reimbursements Not Itemized

$138,766,875 $138,766,875 $138,766,875

Sales and Services

$2,143,221,772 $2,143,221,772 $2,143,221,772

Sales and Services Not Itemized

$478,309,723 $478,309,723 $478,309,723

Tuition and Fees for Higher Education

$1,664,912,049 $1,664,912,049 $1,664,912,049

TOTAL PUBLIC FUNDS

$5,857,494,973 $5,854,446,118 $5,862,556,118

Veterinary Medicine Experiment Station

Continuation Budget

The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential

concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,546,463 $2,546,463 $2,546,463

$2,546,463 $2,546,463 $2,546,463

$2,546,463 $2,546,463 $2,546,463

285.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$8,867

$8,867

$8,867

3410

JOURNAL OF THE HOUSE

285.2 Increase funds for the employer share of health insurance. State General Funds

$14,511

$14,511

$14,511

285.100 -Veterinary Medicine Experiment Station

Appropriation (HB 106)

The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential

concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

TOTAL STATE FUNDS

$2,569,841

$2,569,841

$2,569,841

State General Funds

$2,569,841

$2,569,841

$2,569,841

TOTAL PUBLIC FUNDS

$2,569,841

$2,569,841

$2,569,841

Veterinary Medicine Teaching Hospital

Continuation Budget

The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of

production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990

$429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990

$429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990

286.1 Eliminate funds for the Veterinary Medicine Teaching Hospital. (H and S:Reduce funds for the Veterinary Medicine Teaching Hospital)

State General Funds

($429,039)

($42,904)

($42,904)

286.100 -Veterinary Medicine Teaching Hospital

Appropriation (HB 106)

The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of

production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

TOTAL STATE FUNDS

$0

$386,135

$386,135

State General Funds

$0

$386,135

$386,135

TOTAL AGENCY FUNDS

$9,621,951

$9,621,951

$9,621,951

Sales and Services

$9,621,951

$9,621,951

$9,621,951

Sales and Services Not Itemized

$9,621,951

$9,621,951

$9,621,951

TOTAL PUBLIC FUNDS

$9,621,951 $10,008,086 $10,008,086

Payments to Georgia Military College

Continuation Budget

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.

FRIDAY, MARCH 22, 2013

3411

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,339,951 $2,339,951 $2,339,951

$2,339,951 $2,339,951 $2,339,951

$2,339,951 $2,339,951 $2,339,951

287.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$3,588

$3,588

287.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$14,969

$14,969

287.3 Reduce funds for the Prep School. State General Funds

($47,522)

($47,522)

287.4 Reduce funds for the Junior College. State General Funds

($22,677)

($22,677)

$3,588 $14,969 ($47,522) ($22,677)

287.100 -Payments to Georgia Military College

Appropriation (HB 106)

The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military

College and preparatory school.

TOTAL STATE FUNDS

$2,288,309

$2,288,309

$2,288,309

State General Funds

$2,288,309

$2,288,309

$2,288,309

TOTAL PUBLIC FUNDS

$2,288,309

$2,288,309

$2,288,309

Payments to Public Telecommunications Commission, Georgia

Continuation Budget

The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and

enrich the quality of their lives.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,850,843 $12,850,843 $12,850,843

$12,850,843 $12,850,843 $12,850,843

$12,850,843 $12,850,843 $12,850,843

288.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$100,219

$100,219

288.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$591

$591

288.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$112,625

$112,625

$100,219 $591
$112,625

3412

JOURNAL OF THE HOUSE

288.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$1,439

$1,439

$1,439

288.5 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for the Discovery Education contract. (H:Transfer funds from the Department of Education for the Discovery Education Contract ($961,565) and fund related services ($500,000))

State General Funds

$961,565

$1,461,565

$961,565

288.6 Reduce funds for one-time funding for special education programming. State General Funds

($50,000)

($50,000)

$0

288.100 -Payments to Public Telecommunications Commission, Georgia

Appropriation (HB 106)

The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and

enrich the quality of their lives.

TOTAL STATE FUNDS

$13,977,282 $14,477,282 $14,027,282

State General Funds

$13,977,282 $14,477,282 $14,027,282

TOTAL PUBLIC FUNDS

$13,977,282 $14,477,282 $14,027,282

Section 41: Revenue, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $139,713,911 $139,563,911 $150,000 $518,929 $267,422 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609

$139,713,911 $139,563,911
$150,000 $518,929 $267,422 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609

$139,713,911 $139,563,911
$150,000 $518,929 $267,422 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

Section Total - Final $174,865,383 $174,431,600 $433,783 $371,507 $120,000

$174,038,484 $173,604,701
$433,783 $371,507 $120,000

$174,583,495 $174,149,712
$433,783 $371,507 $120,000

FRIDAY, MARCH 22, 2013

3413

Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$251,507 $3,138,566
$225,580 $225,580 $2,912,986 $2,912,986 $178,375,456

$251,507 $3,138,566
$225,580 $225,580 $2,912,986 $2,912,986 $177,548,557

$251,507 $3,138,566
$225,580 $225,580 $2,912,986 $2,912,986 $178,093,568

Customer Service

Continuation Budget

The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding

tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,763,396 $13,763,396
$365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976

$13,763,396 $13,763,396
$365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976

$13,763,396 $13,763,396
$365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976

289.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$162,513

289.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$630,437

289.3 Increase funds to replace other funds required to be remitted to the State Treasury.
State General Funds Sales and Services Not Itemized Total Public Funds:

$141,369 ($140,000)
$1,369

289.4 Reduce funds for personnel and operations. State General Funds

($490,687)

$162,513
$630,437
$141,369 ($140,000)
$1,369
($490,687)

$162,513
$630,437
$141,369 ($140,000)
$1,369
($490,687)

289.100 -Customer Service

Appropriation (HB 106)

The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding

tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.

TOTAL STATE FUNDS

$14,207,028 $14,207,028 $14,207,028

State General Funds

$14,207,028 $14,207,028 $14,207,028

3414

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$225,580 $225,580 $225,580 $14,432,608

$225,580 $225,580 $225,580 $14,432,608

$225,580 $225,580 $225,580 $14,432,608

Departmental Administration

Continuation Budget

The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating

programs of the Department of Revenue.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$6,573,819 $6,573,819
$484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029

$6,573,819 $6,573,819
$484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029

$6,573,819 $6,573,819
$484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029

290.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$119,697

290.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$140,097

290.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$10,733

290.4 Increase funds to replace other funds required to be remitted to the State Treasury.
State General Funds Sanctions, Fines, and Penalties Not Itemized Sales and Services Not Itemized Total Public Funds:

$503,695 ($60,000) ($424,210) $19,485

290.5 Reduce funds for utilities due to the closing of the Tradeport building. State General Funds

$119,697
$140,097
$10,733
$503,695 ($60,000) ($424,210) $19,485

$119,697
$140,097
$10,733
$503,695 ($60,000) ($424,210) $19,485
($150,000)

290.100-Departmental Administration

Appropriation (HB 106)

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.

FRIDAY, MARCH 22, 2013

3415

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,348,041 $7,348,041 $7,348,041

$7,348,041 $7,348,041 $7,348,041

$7,198,041 $7,198,041 $7,198,041

Forest Land Protection Grants

Continuation Budget

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 OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$14,184,250 $14,184,250 $14,184,250

$14,184,250 $14,184,250 $14,184,250

$14,184,250 $14,184,250 $14,184,250

291.1 Reduce funds to align budget with expenditures. State General Funds

($111,899)

($111,899)

291.100 -Forest Land Protection Grants

Appropriation (HB 106)

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 OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session.

TOTAL STATE FUNDS

$14,184,250 $14,072,351 $14,072,351

State General Funds

$14,184,250 $14,072,351 $14,072,351

TOTAL PUBLIC FUNDS

$14,184,250 $14,072,351 $14,072,351

Fraud Detection and Prevention

Continuation Budget

The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools.

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

292.1 Increase funds for the Fraud Detection and Prevention System contract. State General Funds

$625,000

$625,000

292.100 -Fraud Detection and Prevention

Appropriation (HB 106)

The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools.

TOTAL STATE FUNDS

$625,000

$625,000

State General Funds

$625,000

$625,000

TOTAL PUBLIC FUNDS

$625,000

$625,000

3416

JOURNAL OF THE HOUSE

Industry Regulation

Continuation Budget

The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin

operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road

vehicles.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$3,041,834 $2,891,834
$150,000 $518,929 $267,422 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759

$3,041,834 $2,891,834
$150,000 $518,929 $267,422 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759

$3,041,834 $2,891,834
$150,000 $518,929 $267,422 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759

293.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$101,168

293.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$70,049

293.3 Increase funds to replace other funds required to be remitted to the State Treasury.
State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds:

$2,450,580 ($1,822,000)
($500,000) $128,580

293.4 Increase funds to offset the loss of federal funds for underage enforcement activity.
Tobacco Settlement Funds Federal Funds Not Itemized Total Public Funds:

$283,783 ($147,422) $136,361

$101,168
$70,049
$2,450,580 ($1,822,000)
($500,000) $128,580
$283,783 ($147,422) $136,361

$101,168
$70,049
$2,450,580 ($1,822,000)
($500,000) $128,580
$283,783 ($147,422) $136,361

293.100 -Industry Regulation

Appropriation (HB 106)

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.

FRIDAY, MARCH 22, 2013

3417

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,947,414 $5,513,631
$433,783 $371,507 $120,000 $251,507 $99,996 $99,996 $99,996 $6,418,917

$5,947,414 $5,513,631
$433,783 $371,507 $120,000 $251,507 $99,996 $99,996 $99,996 $6,418,917

$5,947,414 $5,513,631
$433,783 $371,507 $120,000 $251,507 $99,996 $99,996 $99,996 $6,418,917

Local Government Services

Continuation Budget

The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038

$1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038

$1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038

294.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$69,917

294.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$420,291

294.3 Increase funds to replace other funds required to be remitted to the State Treasury.
State General Funds Sales and Services Not Itemized Total Public Funds:

$3,774,947 ($3,095,000)
$679,947

$69,917
$420,291
$3,774,947 ($3,095,000)
$679,947

$69,917
$420,291
$3,774,947 ($3,095,000)
$679,947

294.100 -Local Government Services

Appropriation (HB 106)

The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.

TOTAL STATE FUNDS

$6,084,193

$6,084,193

$6,084,193

State General Funds

$6,084,193

$6,084,193

$6,084,193

TOTAL PUBLIC FUNDS

$6,084,193

$6,084,193

$6,084,193

Local Tax Officials Retirement and FICA

Continuation Budget

The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

3418

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,232,474 $9,232,474 $9,232,474

$9,232,474 $9,232,474 $9,232,474

$9,232,474 $9,232,474 $9,232,474

295.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,834,118

$1,834,118

$1,834,118

295.100 -Local Tax Officials Retirement and FICA

Appropriation (HB 106)

The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

TOTAL STATE FUNDS

$11,066,592 $11,066,592 $11,066,592

State General Funds

$11,066,592 $11,066,592 $11,066,592

TOTAL PUBLIC FUNDS

$11,066,592 $11,066,592 $11,066,592

Motor Vehicle Registration and Titling

Continuation Budget

The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-

worthiness for new title issuance.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,265,208 $14,265,208
$6,440,990 $6,440,990 $6,440,990 $20,706,198

$14,265,208 $14,265,208
$6,440,990 $6,440,990 $6,440,990 $20,706,198

$14,265,208 $14,265,208
$6,440,990 $6,440,990 $6,440,990 $20,706,198

296.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$127,594

$127,594

$127,594

296.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$2,171,504

$2,171,504

$2,171,504

296.3 Increase funds to replace other funds required to be remitted to the State Treasury.
State General Funds Sales and Services Not Itemized Total Public Funds:

$4,031,080 ($3,950,000)
$81,080

$4,031,080 ($3,950,000)
$81,080

$4,031,080 ($3,950,000)
$81,080

296.4 Reduce funds for one-time funding in HB742 (2012 Session) for enhanced call center support services and technology upgrades to assist in the implementation of Georgia Tax Reform, HB386 (2012 Session).

State General Funds

($2,370,000) ($2,370,000) ($2,370,000)

FRIDAY, MARCH 22, 2013

3419

296.5 Utilize other funds to provide the second step of the three-year replacement schedule for county GRATIS printers to assist in the implementation of Georgia Tax Reform. (H:YES)(S:YES)

State General Funds

$0

$0

296.6 Prepare to reduce Unified Carrier Registration revenue and transfer administration to the Department of Public Safety effective July 1, 2014. (H:YES)(S:YES)

State General Funds

$0

$0

296.100 -Motor Vehicle Registration and Titling

Appropriation (HB 106)

The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-

worthiness for new title issuance.

TOTAL STATE FUNDS

$18,225,386 $18,225,386 $18,225,386

State General Funds

$18,225,386 $18,225,386 $18,225,386

TOTAL AGENCY FUNDS

$2,490,990

$2,490,990

$2,490,990

Sales and Services

$2,490,990

$2,490,990

$2,490,990

Sales and Services Not Itemized

$2,490,990

$2,490,990

$2,490,990

TOTAL PUBLIC FUNDS

$20,716,376 $20,716,376 $20,716,376

Office of Special Investigations

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,710,891 $3,710,891 $3,710,891

$3,710,891 $3,710,891 $3,710,891

$3,710,891 $3,710,891 $3,710,891

297.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$42,779

$42,779

297.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$70,049

$70,049

297.3 Increase funds for 11 fraud detection analysts estimated to increase revenue collections by $16,500,000 in FY2014. State General Funds

$42,779 $70,049 $695,011

297.100 -Office of Special Investigations

Appropriation (HB 106)

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.

3420

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,823,719 $3,823,719 $3,823,719

$3,823,719 $3,823,719 $3,823,719

$4,518,730 $4,518,730 $4,518,730

Revenue Processing

Continuation Budget

The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and

to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$14,243,359 $14,243,359 $14,243,359

$14,243,359 $14,243,359 $14,243,359

$14,243,359 $14,243,359 $14,243,359

298.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$112,660

298.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$70,049

298.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds

$3,972

298.4 Reduce funds for personnel. State General Funds

($369,016)

298.5 Reduce funds for operations. State General Funds

($800,000)

$112,660 $70,049
$3,972 ($369,016) ($800,000)

$112,660 $70,049
$3,972 ($369,016) ($800,000)

298.100 -Revenue Processing

Appropriation (HB 106)

The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and

to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

TOTAL STATE FUNDS

$13,261,024 $13,261,024 $13,261,024

State General Funds

$13,261,024 $13,261,024 $13,261,024

TOTAL PUBLIC FUNDS

$13,261,024 $13,261,024 $13,261,024

Tax Compliance The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$35,779,600 $35,779,600 $19,835,993

$35,779,600 $35,779,600 $19,835,993

$35,779,600 $35,779,600 $19,835,993

FRIDAY, MARCH 22, 2013

3421

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$210,000 $210,000 $19,625,993 $19,625,993 $55,615,593

$210,000 $210,000 $19,625,993 $19,625,993 $55,615,593

$210,000 $210,000 $19,625,993 $19,625,993 $55,615,593

299.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$728,449

299.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$560,388

299.3 Increase funds to replace other funds required to be remitted to the State Treasury.
State General Funds Sales and Services Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds:

$19,655,481 ($19,403,993)
($210,000) $41,488

299.4 Reduce funds for personnel to reflect projected expenditures. State General Funds

($3,387,430)

$728,449
$560,388
$19,655,481 ($19,403,993)
($210,000) $41,488
($4,727,430)

$728,449
$560,388
$19,655,481 ($19,403,993)
($210,000) $41,488
($4,727,430)

299.100 -Tax Compliance

The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

TOTAL STATE FUNDS

$53,336,488

State General Funds

$53,336,488

TOTAL AGENCY FUNDS

$222,000

Sales and Services

$222,000

Sales and Services Not Itemized

$222,000

TOTAL PUBLIC FUNDS

$53,558,488

Appropriation (HB 106)

$51,996,488 $51,996,488
$222,000 $222,000 $222,000 $52,218,488

$51,996,488 $51,996,488
$222,000 $222,000 $222,000 $52,218,488

Tax Policy

Continuation Budget

The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the

State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties

$1,610,939 $1,610,939
$965,000 $525,000 $525,000 $440,000

$1,610,939 $1,610,939
$965,000 $525,000 $525,000 $440,000

$1,610,939 $1,610,939
$965,000 $525,000 $525,000 $440,000

3422

JOURNAL OF THE HOUSE

Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

$440,000 $2,575,939

$440,000 $2,575,939

$440,000 $2,575,939

300.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$48,892

300.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$280,193

300.3 Increase funds to replace other funds required to be remitted to the State Treasury.
State General Funds Sanctions, Fines, and Penalties Not Itemized Sales and Services Not Itemized Total Public Funds:

$1,061,837 ($440,000) ($425,000) $196,837

$48,892
$280,193
$1,061,837 ($440,000) ($425,000) $196,837

$48,892
$280,193
$1,061,837 ($440,000) ($425,000) $196,837

300.100 -Tax Policy

Appropriation (HB 106)

The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the

State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

TOTAL STATE FUNDS

$3,001,861

$3,001,861

$3,001,861

State General Funds

$3,001,861

$3,001,861

$3,001,861

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Sales and Services

$100,000

$100,000

$100,000

Sales and Services Not Itemized

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$3,101,861

$3,101,861

$3,101,861

Technology Support Services

Continuation Budget

The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$21,489,103 $21,489,103 $21,489,103

$21,489,103 $21,489,103 $21,489,103

$21,489,103 $21,489,103 $21,489,103

301.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$254,384

301.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$2,591,795

301.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds

$44,105

$254,384 $2,591,795
$44,105

$254,384 $2,591,795
$44,105

FRIDAY, MARCH 22, 2013

3423

301.100 -Technology Support Services

Appropriation (HB 106)

The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers.

TOTAL STATE FUNDS

$24,379,387 $24,379,387 $24,379,387

State General Funds

$24,379,387 $24,379,387 $24,379,387

TOTAL PUBLIC FUNDS

$24,379,387 $24,379,387 $24,379,387

Section 42: Secretary of State
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $30,930,113 $30,930,113 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296

$30,930,113 $30,930,113
$85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296

$30,930,113 $30,930,113
$85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $26,457,302 $26,457,302 $85,000 $85,000 $1,024,512 $20,000 $20,000 $1,004,512 $1,004,512 $27,566,814

$26,475,392 $26,475,392
$85,000 $85,000 $1,024,512 $20,000 $20,000 $1,004,512 $1,004,512 $27,584,904

$26,467,644 $26,467,644
$85,000 $85,000 $1,024,512 $20,000 $20,000 $1,004,512 $1,004,512 $27,577,156

Archives and Records

Continuation Budget

The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist

State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their

non-current records to the State Records Center.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

$4,433,889 $4,433,889
$532,671

$4,433,889 $4,433,889
$532,671

$4,433,889 $4,433,889
$532,671

3424

JOURNAL OF THE HOUSE

Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560

$21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560

$21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560

302.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$25,165

$25,165

302.2 Reduce funds for personnel and eliminate five filled and five vacant positions. State General Funds

($607,626)

($607,626)

302.3 Transfer funds and 10 positions from the Secretary of State to the Board of Regents for archives and records maintenance.

State General Funds Record Center Storage Fees Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized Total Public Funds:

($3,851,428) ($435,771) ($21,900) ($75,000)
($4,384,099)

($3,851,428) ($435,771) ($21,900) ($75,000)
($4,384,099)

302.4 Utilize existing funds and transfer two positions from the Archives and Records program to the Office Administration program. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$25,165
($607,626)
($3,851,428) ($435,771) ($21,900) ($75,000)
($4,384,099)
$0

Corporations

Continuation Budget

The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general

information to the public on all filed entities.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,261,271 $1,261,271
$739,512 $739,512 $739,512 $2,000,783

$1,261,271 $1,261,271
$739,512 $739,512 $739,512 $2,000,783

$1,261,271 $1,261,271
$739,512 $739,512 $739,512 $2,000,783

303.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$27,057

303.2 Reduce funds for personnel to reflect projected expenditures. State General Funds

($21,196)

$27,057 ($21,196)

$27,057 ($21,196)

FRIDAY, MARCH 22, 2013

3425

303.100 -Corporations

Appropriation (HB 106)

The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general

information to the public on all filed entities.

TOTAL STATE FUNDS

$1,267,132

$1,267,132

$1,267,132

State General Funds

$1,267,132

$1,267,132

$1,267,132

TOTAL AGENCY FUNDS

$739,512

$739,512

$739,512

Sales and Services

$739,512

$739,512

$739,512

Sales and Services Not Itemized

$739,512

$739,512

$739,512

TOTAL PUBLIC FUNDS

$2,006,644

$2,006,644

$2,006,644

Elections

Continuation Budget

The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by providing all required filing and public information services,

performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying

with all election, voter registration and financial disclosure laws.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,789,720 $4,789,720
$85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720

$4,789,720 $4,789,720
$85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720

$4,789,720 $4,789,720
$85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720

304.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$39,748

304.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$339,599

$39,748 $339,599

$39,748 $339,599

304.100 -Elections

Appropriation (HB 106)

The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by providing all required filing and public information services,

performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying

with all election, voter registration and financial disclosure laws.

TOTAL STATE FUNDS

$5,169,067

$5,169,067

$5,169,067

State General Funds

$5,169,067

$5,169,067

$5,169,067

TOTAL FEDERAL FUNDS

$85,000

$85,000

$85,000

Federal Funds Not Itemized

$85,000

$85,000

$85,000

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

Sales and Services

$50,000

$50,000

$50,000

3426

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$50,000 $5,304,067

$50,000 $5,304,067

$50,000 $5,304,067

Office Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,117,898 $6,117,898
$15,000 $15,000 $15,000 $6,132,898

$6,117,898 $6,117,898
$15,000 $15,000 $15,000 $6,132,898

$6,117,898 $6,117,898
$15,000 $15,000 $15,000 $6,132,898

305.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$109,436

$109,436

$109,436

305.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$5,664

$5,664

$5,664

305.3 Reduce funds for personnel to reflect projected expenditures. (H and S:Reduce funds for personnel and transfer $70,830 to the Professional Licensing Board program for call center employees)

State General Funds

($301,436)

($372,266)

($372,266)

305.4 Utilize existing funds and transfer two positions from the Archives and Records program to the Office Administration program. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

305.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

($7,748)

305.100 -Office Administration

Appropriation (HB 106)

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS

$5,931,562

$5,860,732

$5,852,984

State General Funds

$5,931,562

$5,860,732

$5,852,984

TOTAL AGENCY FUNDS

$15,000

$15,000

$15,000

Sales and Services

$15,000

$15,000

$15,000

Sales and Services Not Itemized

$15,000

$15,000

$15,000

TOTAL PUBLIC FUNDS

$5,946,562

$5,875,732

$5,867,984

FRIDAY, MARCH 22, 2013

3427

Professional Licensing Boards

Continuation Budget

The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,011,199 $7,011,199
$150,000 $150,000 $150,000 $7,161,199

$7,011,199 $7,011,199
$150,000 $150,000 $150,000 $7,161,199

$7,011,199 $7,011,199
$150,000 $150,000 $150,000 $7,161,199

306.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$102,766

$102,766

$102,766

306.2 Reduce funds for one-time funding for revision of the mandatory surveys required for RN, APRN, and LPN license renewals.

State General Funds

($27,000)

($27,000)

($27,000)

306.3 Transfer funds from the Office Administration program ($70,830) and the Securities program ($35,628) to the Professional Licensing Boards program to fund call center employees.

State General Funds

$106,458

$106,458

306.100 -Professional Licensing Boards

Appropriation (HB 106)

The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions.

TOTAL STATE FUNDS

$7,086,965

$7,193,423

$7,193,423

State General Funds

$7,086,965

$7,193,423

$7,193,423

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

Sales and Services Not Itemized

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$7,236,965

$7,343,423

$7,343,423

Securities

Continuation Budget

The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act,

and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$833,891 $833,891 $50,000 $50,000 $50,000 $883,891

$833,891 $833,891 $50,000 $50,000 $50,000 $883,891

$833,891 $833,891 $50,000 $50,000 $50,000 $883,891

3428

JOURNAL OF THE HOUSE

307.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$13,424

$13,424

$13,424

307.2 Reduce funds for personnel to reflect projected expenditures. (H and S:Reduce funds for personnel and transfer $35,620 to the Professional Licensing Board program for call center employees)

State General Funds

($42,420)

($78,048)

($78,048)

307.100 -Securities

Appropriation (HB 106)

The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act,

and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions.

TOTAL STATE FUNDS

$804,895

$769,267

$769,267

State General Funds

$804,895

$769,267

$769,267

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

Sales and Services

$50,000

$50,000

$50,000

Sales and Services Not Itemized

$50,000

$50,000

$50,000

TOTAL PUBLIC FUNDS

$854,895

$819,267

$819,267

Commission on the Holocaust, Georgia

Continuation Budget

The purpose of this appropriation is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the

enormity of the crimes of prejudice and inhumanity.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$252,104 $252,104 $20,000 $20,000 $20,000 $272,104

$252,104 $252,104 $20,000 $20,000 $20,000 $272,104

$252,104 $252,104 $20,000 $20,000 $20,000 $272,104

308.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$6,199

308.2 Reduce funds for operations. State General Funds

($7,563)

$6,199 ($7,563)

$6,199 ($7,563)

308.100 -Commission on the Holocaust, Georgia

Appropriation (HB 106)

The purpose of this appropriation is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the

enormity of the crimes of prejudice and inhumanity.

TOTAL STATE FUNDS

$250,740

$250,740

$250,740

State General Funds

$250,740

$250,740

$250,740

FRIDAY, MARCH 22, 2013

3429

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$20,000 $20,000 $20,000 $270,740

$20,000 $20,000 $20,000 $270,740

$20,000 $20,000 $20,000 $270,740

Drugs and Narcotics Agency, Georgia

Continuation Budget

The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and

regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,941,697 $1,941,697 $1,941,697

$1,941,697 $1,941,697 $1,941,697

$1,941,697 $1,941,697 $1,941,697

309.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$31,424

309.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$34,757

309.3 Reduce funds for personnel to reflect projected expenditures. State General Funds

($231,893)

309.4 Reduce funds for operations. State General Funds

($25,251)

$31,424 $34,757 ($231,893) ($25,251)

$31,424 $34,757 ($231,893) ($25,251)

309.100 -Drugs and Narcotics Agency, Georgia

Appropriation (HB 106)

The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and

regulations pertaining to controlled substances and dangerous drugs.

TOTAL STATE FUNDS

$1,750,734

$1,750,734

$1,750,734

State General Funds

$1,750,734

$1,750,734

$1,750,734

TOTAL PUBLIC FUNDS

$1,750,734

$1,750,734

$1,750,734

Real Estate Commission

Continuation Budget

The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia

Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,944,265 $2,944,265 $2,944,265

$2,944,265 $2,944,265 $2,944,265

$2,944,265 $2,944,265 $2,944,265

3430

JOURNAL OF THE HOUSE

310.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$49,787

310.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$4,380

310.3 Reduce funds for personnel to reflect projected expenditures. State General Funds

($108,871)

$49,787 $4,380
($108,871)

$49,787 $4,380
($108,871)

310.100 -Real Estate Commission

Appropriation (HB 106)

The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia

Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

TOTAL STATE FUNDS

$2,889,561

$2,889,561

$2,889,561

State General Funds

$2,889,561

$2,889,561

$2,889,561

TOTAL PUBLIC FUNDS

$2,889,561

$2,889,561

$2,889,561

Government Transparency and Campaign Finance Commission, Georgia

Continuation Budget

The purpose of this appropriation is to protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate

campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,344,179 $1,344,179 $1,344,179

$1,344,179 $1,344,179 $1,344,179

$1,344,179 $1,344,179 $1,344,179

311.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$20,781

311.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$731

311.3 Reduce funds for one-time funding of information technology upgrades. State General Funds

($59,045)

311.4 Increase funds for information technology contract management. State General Funds

$20,781 $731
($59,045) $18,090

$20,781 $731
($59,045) $18,090

311.100 -Government Transparency and Campaign Finance Commission, Georgia

Appropriation (HB 106)

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.

FRIDAY, MARCH 22, 2013

3431

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,306,646 $1,306,646 $1,306,646

$1,324,736 $1,324,736 $1,324,736

$1,324,736 $1,324,736 $1,324,736

Section 43: Soil and Water Conservation Commission
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $2,652,481 $2,652,481 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,217,819

$2,652,481 $2,652,481 $1,267,312 $1,267,312
$811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,217,819

$2,652,481 $2,652,481 $1,267,312 $1,267,312
$811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,217,819

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $2,576,645 $2,576,645 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,141,983

$2,614,036 $2,614,036 $1,267,312 $1,267,312
$811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,179,374

$2,574,826 $2,574,826 $1,267,312 $1,267,312
$811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,140,164

Commission Administration

Continuation Budget

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

3432

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$744,781 $744,781 $744,781

$744,781 $744,781 $744,781

$744,781 $744,781 $744,781

312.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$15,240

312.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($3,485)

312.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$1,067

312.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$15,240 ($3,485) $1,067

$15,240 ($3,485) $1,067 ($1,819)

312.100 -Commission Administration

Appropriation (HB 106)

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$757,603

$757,603

$755,784

State General Funds

$757,603

$757,603

$755,784

TOTAL PUBLIC FUNDS

$757,603

$757,603

$755,784

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation

systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds

to construct and renovate agricultural water catchments.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$238,237 $238,237 $932,290 $932,290 $632,184 $632,184 $632,184 $1,802,711

$238,237 $238,237 $932,290 $932,290 $632,184 $632,184 $632,184 $1,802,711

$238,237 $238,237 $932,290 $932,290 $632,184 $632,184 $632,184 $1,802,711

313.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$3,048

$3,048

$3,048

FRIDAY, MARCH 22, 2013

3433

313.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds
313.3 Reduce funds for operations. State General Funds
313.4 Reduce funds for personnel and replace with other funds. State General Funds

($540) ($5,473) ($37,391)

($540) ($5,473)
$0

($540) ($5,473) ($37,391)

313.100 -Conservation of Agricultural Water Supplies

Appropriation (HB 106)

The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation

systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds

to construct and renovate agricultural water catchments.

TOTAL STATE FUNDS

$197,881

$235,272

$197,881

State General Funds

$197,881

$235,272

$197,881

TOTAL FEDERAL FUNDS

$932,290

$932,290

$932,290

Federal Funds Not Itemized

$932,290

$932,290

$932,290

TOTAL AGENCY FUNDS

$632,184

$632,184

$632,184

Intergovernmental Transfers

$632,184

$632,184

$632,184

Intergovernmental Transfers Not Itemized

$632,184

$632,184

$632,184

TOTAL PUBLIC FUNDS

$1,762,355

$1,799,746

$1,762,355

Conservation of Soil and Water Resources

Continuation Budget

The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and

other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation

control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and

sedimentation control plans for soil and water conservation districts.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers

$1,383,592 $1,383,592
$334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810

$1,383,592 $1,383,592
$334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810

$1,383,592 $1,383,592
$334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810

3434

JOURNAL OF THE HOUSE

Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS

$261,810 $2,383,709

$261,810 $2,383,709

$261,810 $2,383,709

314.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$25,252

314.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds

($1,983)

314.3 Reduce funds for personnel. State General Funds

($16,122)

$25,252 ($1,983) ($16,122)

$25,252 ($1,983) ($16,122)

314.100 -Conservation of Soil and Water Resources

Appropriation (HB 106)

The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and

other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation

control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and

sedimentation control plans for soil and water conservation districts.

TOTAL STATE FUNDS

$1,390,739

$1,390,739

$1,390,739

State General Funds

$1,390,739

$1,390,739

$1,390,739

TOTAL FEDERAL FUNDS

$334,275

$334,275

$334,275

Federal Funds Not Itemized

$334,275

$334,275

$334,275

TOTAL AGENCY FUNDS

$179,114

$179,114

$179,114

Intergovernmental Transfers

$179,114

$179,114

$179,114

Intergovernmental Transfers Not Itemized

$179,114

$179,114

$179,114

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$486,728

$486,728

$486,728

State Funds Transfers

$224,918

$224,918

$224,918

Agency to Agency Contracts

$224,918

$224,918

$224,918

Federal Funds Transfers

$261,810

$261,810

$261,810

Federal Fund Transfers Not Itemized

$261,810

$261,810

$261,810

TOTAL PUBLIC FUNDS

$2,390,856

$2,390,856

$2,390,856

U.S.D.A. Flood Control Watershed Structures

Continuation Budget

The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state

Safe Dams Act.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$123,242 $123,242
$747 $747 $123,989

$123,242 $123,242
$747 $747 $123,989

$123,242 $123,242
$747 $747 $123,989

FRIDAY, MARCH 22, 2013

3435

315.1 Reduce funds for personnel and replace with existing federal funds. State General Funds

($24,740)

($24,740)

($24,740)

315.100 -U.S.D.A. Flood Control Watershed Structures

Appropriation (HB 106)

The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state

Safe Dams Act.

TOTAL STATE FUNDS

$98,502

$98,502

$98,502

State General Funds

$98,502

$98,502

$98,502

TOTAL FEDERAL FUNDS

$747

$747

$747

Federal Funds Not Itemized

$747

$747

$747

TOTAL PUBLIC FUNDS

$99,249

$99,249

$99,249

Water Resources and Land Use Planning

Continuation Budget

The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$162,629 $162,629 $162,629

$162,629 $162,629 $162,629

$162,629 $162,629 $162,629

316.1 Reduce funds for personnel and replace with other funds. State General Funds
316.2 Reduce funds for operations. State General Funds

($9,040) ($21,669)

($9,040) ($21,669)

($9,040) ($21,669)

316.100 -Water Resources and Land Use Planning

Appropriation (HB 106)

The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control.

TOTAL STATE FUNDS

$131,920

$131,920

$131,920

State General Funds

$131,920

$131,920

$131,920

TOTAL PUBLIC FUNDS

$131,920

$131,920

$131,920

Section 44: Student Finance Commission and Authority, Georgia
TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL AGENCY FUNDS Intergovernmental Transfers

Section Total - Continuation $640,153,723 $34,316,177 $605,837,546 $1,582,132 $1,582,132

$640,153,723 $34,316,177 $605,837,546
$1,582,132 $1,582,132

$640,153,723 $34,316,177 $605,837,546
$1,582,132 $1,582,132

3436

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$1,582,132

$1,582,132

$1,582,132

$641,735,855 $641,735,855 $641,735,855

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $635,748,886 $37,103,303 $598,645,583 $230,950 $230,950 $230,950 $0 $0 $635,979,836

$629,111,466 $30,465,883 $598,645,583
$230,950 $230,950 $230,950
$0 $0 $629,342,416

$634,426,472 $35,780,889 $598,645,583
$713,673 $230,950 $230,950 $482,723 $482,723 $635,140,145

Accel

Continuation Budget

The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving

dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$6,500,000 $6,500,000
$569,682 $569,682 $569,682 $7,069,682

$6,500,000 $6,500,000
$569,682 $569,682 $569,682 $7,069,682

$6,500,000 $6,500,000
$569,682 $569,682 $569,682 $7,069,682

317.1 Increase funds to meet projected need and offset unavailable other funds. (H:Adjust based on FY2013 actuals)

State General Funds Intergovernmental Transfers Not Itemized Total Public Funds:

$3,554,164 ($569,682) $2,984,482

$2,042,895 ($569,682) $1,473,213

$2,100,000 ($569,682) $1,530,318

317.100 -Accel

Appropriation (HB 106)

The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving

dual high school and college credit for courses successfully completed.

TOTAL STATE FUNDS

$10,054,164

$8,542,895

$8,600,000

State General Funds

$10,054,164

$8,542,895

$8,600,000

TOTAL PUBLIC FUNDS

$10,054,164

$8,542,895

$8,600,000

FRIDAY, MARCH 22, 2013

3437

Engineer Scholarship

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and

retain those students as engineers in the State.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$570,000 $570,000 $570,000

$570,000 $570,000 $570,000

$570,000 $570,000 $570,000

318.1 Increase funds based on projected need. State General Funds

$131,750

$131,750

318.100 -Engineer Scholarship

Appropriation (HB 106)

The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and

retain those students as engineers in the State.

TOTAL STATE FUNDS

$570,000

$701,750

$701,750

State General Funds

$570,000

$701,750

$701,750

TOTAL PUBLIC FUNDS

$570,000

$701,750

$701,750

Georgia Military College Scholarship

Continuation Budget

The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's

National Guard with their membership.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,094,862 $1,094,862 $1,094,862

$1,094,862 $1,094,862 $1,094,862

$1,094,862 $1,094,862 $1,094,862

319.100 -Georgia Military College Scholarship

Appropriation (HB 106)

The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's

National Guard with their membership.

TOTAL STATE FUNDS

$1,094,862

$1,094,862

$1,094,862

State General Funds

$1,094,862

$1,094,862

$1,094,862

TOTAL PUBLIC FUNDS

$1,094,862

$1,094,862

$1,094,862

HERO Scholarship

Continuation Budget

The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served

in combat zones and the spouses and children of such members.

3438

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

$800,000 $800,000 $800,000

320.100 -HERO Scholarship

Appropriation (HB 106)

The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served

in combat zones and the spouses and children of such members.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

HOPE Administration

Continuation Budget

The purpose of this appropriation is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at

eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$7,922,124 $0
$7,922,124 $7,922,124

$7,922,124 $0
$7,922,124 $7,922,124

$7,922,124 $0
$7,922,124 $7,922,124

321.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

Lottery Proceeds

$35,711

$35,711

321.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

Lottery Proceeds

$1,009

$1,009

321.3 Increase funds for personnel and operations for REACH Georgia. Reserved Fund Balances Not Itemized

$230,950

$230,950

$35,711 $1,009
$230,950

321.100 -HOPE Administration

Appropriation (HB 106)

The purpose of this appropriation is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at

eligible Georgia public and private colleges and universities, and public technical colleges.

TOTAL STATE FUNDS

$7,958,844

$7,958,844

$7,958,844

Lottery Proceeds

$7,958,844

$7,958,844

$7,958,844

TOTAL AGENCY FUNDS

$230,950

$230,950

$230,950

Reserved Fund Balances

$230,950

$230,950

$230,950

Reserved Fund Balances Not Itemized

$230,950

$230,950

$230,950

TOTAL PUBLIC FUNDS

$8,189,794

$8,189,794

$8,189,794

FRIDAY, MARCH 22, 2013

3439

HOPE GED

Continuation Budget

The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the

Technical College System of Georgia.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,636,276 $0
$2,636,276 $2,636,276

$2,636,276 $0
$2,636,276 $2,636,276

$2,636,276 $0
$2,636,276 $2,636,276

322.1 Reduce funds to meet projected need. Lottery Proceeds

($705,980)

($705,980)

($705,980)

322.100 -HOPE GED

Appropriation (HB 106)

The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the

Technical College System of Georgia.

TOTAL STATE FUNDS

$1,930,296

$1,930,296

$1,930,296

Lottery Proceeds

$1,930,296

$1,930,296

$1,930,296

TOTAL PUBLIC FUNDS

$1,930,296

$1,930,296

$1,930,296

HOPE Grant

Continuation Budget

The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$112,658,625 $0
$112,658,625 $112,658,625

$112,658,625 $0
$112,658,625 $112,658,625

$112,658,625 $0
$112,658,625 $112,658,625

323.1 Reduce funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds
323.2 Increase funds for the Strategic Industries Workforce Development Grant. Lottery Proceeds

($22,365,183) ($22,365,183) ($22,365,183)

$6,500,000

$6,500,000

$6,500,000

323.100 -HOPE Grant

Appropriation (HB 106)

The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-secondary institution.

TOTAL STATE FUNDS

$96,793,442 $96,793,442 $96,793,442

Lottery Proceeds

$96,793,442 $96,793,442 $96,793,442

TOTAL PUBLIC FUNDS

$96,793,442 $96,793,442 $96,793,442

3440

JOURNAL OF THE HOUSE

HOPE Scholarships - Private Schools

Continuation Budget

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary

institution.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$54,385,503 $0
$54,385,503 $54,385,503

$54,385,503 $0
$54,385,503 $54,385,503

$54,385,503 $0
$54,385,503 $54,385,503

324.1 Reduce funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds
324.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds

($4,148,080) ($4,148,080) ($4,148,080) ($2,619,498) ($2,619,498) ($2,619,498)

324.100 -HOPE Scholarships - Private Schools

Appropriation (HB 106)

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary

institution.

TOTAL STATE FUNDS

$47,617,925 $47,617,925 $47,617,925

Lottery Proceeds

$47,617,925 $47,617,925 $47,617,925

TOTAL PUBLIC FUNDS

$47,617,925 $47,617,925 $47,617,925

HOPE Scholarships - Public Schools

Continuation Budget

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary

institution.

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$408,235,018 $408,235,018 $408,235,018

$408,235,018 $408,235,018 $408,235,018

$408,235,018 $408,235,018 $408,235,018

325.1 Increase funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds
325.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds

$17,175,321 $17,175,321 $17,175,321 ($1,065,263) ($1,065,263) ($1,065,263)

325.100 -HOPE Scholarships - Public Schools

Appropriation (HB 106)

The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary

institution.

FRIDAY, MARCH 22, 2013

3441

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$424,345,076 $424,345,076 $424,345,076

$424,345,076 $424,345,076 $424,345,076

$424,345,076 $424,345,076 $424,345,076

Low Interest Loans

Continuation Budget

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 STATE FUNDS State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$20,000,000 $0
$20,000,000 $20,000,000

$20,000,000 $0
$20,000,000 $20,000,000

$20,000,000 $0
$20,000,000 $20,000,000

326.100 -Low Interest Loans

Appropriation (HB 106)

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 STATE FUNDS

$20,000,000 $20,000,000 $20,000,000

Lottery Proceeds

$20,000,000 $20,000,000 $20,000,000

TOTAL PUBLIC FUNDS

$20,000,000 $20,000,000 $20,000,000

North Georgia Military Scholarship Grants

Continuation Budget

The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby

strengthening Georgia's Army National Guard with their membership.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,444,576 $1,444,576
$482,723 $482,723 $482,723 $1,927,299

$1,444,576 $1,444,576
$482,723 $482,723 $482,723 $1,927,299

$1,444,576 $1,444,576
$482,723 $482,723 $482,723 $1,927,299

327.1 Reduce funds to meet projected need. Intergovernmental Transfers Not Itemized

($482,723)

($482,723)

$0

327.100 -North Georgia Military Scholarship Grants

Appropriation (HB 106)

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.

3442

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,444,576 $1,444,576
$0 $0 $0 $1,444,576

$1,444,576 $1,444,576
$0 $0 $0 $1,444,576

$1,444,576 $1,444,576
$482,723 $482,723 $482,723 $1,927,299

North Georgia ROTC Grants

Continuation Budget

The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University

and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$875,000 $875,000 $875,000

$875,000 $875,000 $875,000

$875,000 $875,000 $875,000

328.100 -North Georgia ROTC Grants

Appropriation (HB 106)

The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University

and to participate in the Reserve Officers Training Corps program.

TOTAL STATE FUNDS

$875,000

$875,000

$875,000

State General Funds

$875,000

$875,000

$875,000

TOTAL PUBLIC FUNDS

$875,000

$875,000

$875,000

Public Memorial Safety Grant

Continuation Budget

The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs,

correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of

Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$376,761 $376,761 $376,761

$376,761 $376,761 $376,761

$376,761 $376,761 $376,761

329.100 -Public Memorial Safety Grant

Appropriation (HB 106)

The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs,

correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of

Georgia.

TOTAL STATE FUNDS

$376,761

$376,761

$376,761

State General Funds

$376,761

$376,761

$376,761

TOTAL PUBLIC FUNDS

$376,761

$376,761

$376,761

FRIDAY, MARCH 22, 2013

3443

Tuition Equalization Grants

Continuation Budget

The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents

who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$21,896,323 $21,896,323
$529,727 $529,727 $529,727 $22,426,050

$21,896,323 $21,896,323
$529,727 $529,727 $529,727 $22,426,050

$21,896,323 $21,896,323
$529,727 $529,727 $529,727 $22,426,050

330.1 Reduce funds to meet projected need while maintaining the current award amount. (H:Reduce funds to meet projected need and reduce the award amount to $500)

State General Funds Intergovernmental Transfers Not Itemized Total Public Funds:

($776,371) ($529,727) ($1,306,098)

($6,034,272) ($529,727)
($6,563,999)

($776,371) ($529,727) ($1,306,098)

330.100 -Tuition Equalization Grants

Appropriation (HB 106)

The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents

who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$21,119,952 $15,862,051 $21,119,952

State General Funds

$21,119,952 $15,862,051 $21,119,952

TOTAL PUBLIC FUNDS

$21,119,952 $15,862,051 $21,119,952

Nonpublic Postsecondary Education Commission

Continuation Budget

The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed;

and resolve complaints.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$758,655 $758,655 $758,655

$758,655 $758,655 $758,655

$758,655 $758,655 $758,655

331.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$11,909

$11,909

331.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$489

$489

$11,909 $489

3444

JOURNAL OF THE HOUSE

331.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds
331.4 Reduce funds for contracts. State General Funds

$273 ($3,338)

$273 ($3,338)

$273 ($3,338)

331.100 -Nonpublic Postsecondary Education Commission

Appropriation (HB 106)

The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed;

and resolve complaints.

TOTAL STATE FUNDS

$767,988

$767,988

$767,988

State General Funds

$767,988

$767,988

$767,988

TOTAL PUBLIC FUNDS

$767,988

$767,988

$767,988

Section 45: Teachers' Retirement System
TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

Section Total - Continuation $590,000 $590,000
$31,056,587 $31,056,587 $31,056,587 $31,646,587

$590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587

$590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

Section Total - Final $513,000 $513,000
$31,597,589 $31,597,589 $31,597,589 $32,110,589

$513,000 $513,000 $31,597,589 $31,597,589 $31,597,589 $32,110,589

$513,000 $513,000 $31,597,589 $31,597,589 $31,597,589 $32,110,589

Floor/COLA, Local System Fund

Continuation Budget

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement

benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$590,000 $590,000 $590,000

$590,000 $590,000 $590,000

$590,000 $590,000 $590,000

FRIDAY, MARCH 22, 2013

3445

332.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit. State General Funds

($77,000)

($77,000)

($77,000)

332.100 -Floor/COLA, Local System Fund

Appropriation (HB 106)

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement

benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS

$513,000

$513,000

$513,000

State General Funds

$513,000

$513,000

$513,000

TOTAL PUBLIC FUNDS

$513,000

$513,000

$513,000

System Administration

Continuation Budget

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 STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587

$0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587

$0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587

333.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

Retirement Payments

$600,482

333.2 Reduce funds for contracts and equipment. Retirement Payments

($59,480)

$600,482 ($59,480)

$600,482 ($59,480)

333.100 -System Administration

Appropriation (HB 106)

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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$31,597,589 $31,597,589 $31,597,589 $31,597,589

$31,597,589 $31,597,589 $31,597,589 $31,597,589

$31,597,589 $31,597,589 $31,597,589 $31,597,589

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 12.28% for State Fiscal Year 2014.

3446

JOURNAL OF THE HOUSE

Section 46: Technical College System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Continuation $330,570,350 $330,570,350 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $667,744,434

$330,570,350 $330,570,350 $67,104,084 $67,104,084 $268,710,000
$2,100,000 $2,100,000
$100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $667,744,434

$330,570,350 $330,570,350 $67,104,084 $67,104,084 $268,710,000
$2,100,000 $2,100,000
$100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $667,744,434

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $305,917,034 $305,917,034 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $643,091,118

$311,917,034 $311,917,034 $67,104,084 $67,104,084 $268,710,000
$2,100,000 $2,100,000
$100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $649,091,118

$316,417,034 $316,417,034 $67,104,084 $67,104,084 $268,710,000
$2,100,000 $2,100,000
$100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $653,591,118

Adult Literacy

Continuation Budget

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.

FRIDAY, MARCH 22, 2013

3447

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,473,095 $13,473,095 $20,447,889 $20,447,889
$5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984

$13,473,095 $13,473,095 $20,447,889 $20,447,889
$5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984

$13,473,095 $13,473,095 $20,447,889 $20,447,889
$5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984

334.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$58,889

$58,889

334.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$43,944

$43,944

334.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$318

$318

334.4 Reduce funds for personnel and convert six full-time positions to part-time. State General Funds

($282,508)

($282,508)

334.5 Reduce funds for operations. State General Funds

($121,685)

($121,685)

$58,889 $43,944
$318 ($282,508) ($121,685)

334.100 -Adult Literacy

Appropriation (HB 106)

The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking,

and listening skills.

TOTAL STATE FUNDS

$13,172,053 $13,172,053 $13,172,053

State General Funds

$13,172,053 $13,172,053 $13,172,053

TOTAL FEDERAL FUNDS

$20,447,889 $20,447,889 $20,447,889

Federal Funds Not Itemized

$20,447,889 $20,447,889 $20,447,889

TOTAL AGENCY FUNDS

$5,480,000

$5,480,000

$5,480,000

Intergovernmental Transfers

$2,100,000

$2,100,000

$2,100,000

Intergovernmental Transfers Not Itemized

$2,100,000

$2,100,000

$2,100,000

Sales and Services

$3,380,000

$3,380,000

$3,380,000

Sales and Services Not Itemized

$3,380,000

$3,380,000

$3,380,000

TOTAL PUBLIC FUNDS

$39,099,942 $39,099,942 $39,099,942

3448

JOURNAL OF THE HOUSE

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the

department through its associated programs and institutions.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$7,944,927 $7,944,927
$657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122

$7,944,927 $7,944,927
$657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122

$7,944,927 $7,944,927
$657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122

335.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$109,460

$109,460

335.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$9,128

$9,128

335.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$18,249

$18,249

335.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$5,607

$5,607

335.5 Reduce funds for personnel to eliminate one filled position and one vacant position. State General Funds

($155,848)

($155,848)

335.6 Reduce funds for operations. State General Funds

($68,000)

($68,000)

335.7 Reduce funds for information technology. State General Funds

($5,000)

($5,000)

335.8 Reduce funds for telecommunications. State General Funds

($9,500)

($9,500)

$109,460 $9,128
$18,249 $5,607
($155,848) ($68,000) ($5,000) ($9,500)

FRIDAY, MARCH 22, 2013

3449

335.100-Departmental Administration

Appropriation (HB 106)

The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the

department through its associated programs and institutions.

TOTAL STATE FUNDS

$7,849,023

$7,849,023

$7,849,023

State General Funds

$7,849,023

$7,849,023

$7,849,023

TOTAL FEDERAL FUNDS

$657,195

$657,195

$657,195

Federal Funds Not Itemized

$657,195

$657,195

$657,195

TOTAL AGENCY FUNDS

$100,000

$100,000

$100,000

Rebates, Refunds, and Reimbursements

$100,000

$100,000

$100,000

Rebates, Refunds, and Reimbursements Not Itemized

$100,000

$100,000

$100,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$110,000

$110,000

$110,000

State Funds Transfers

$110,000

$110,000

$110,000

Agency to Agency Contracts

$110,000

$110,000

$110,000

TOTAL PUBLIC FUNDS

$8,716,218

$8,716,218

$8,716,218

Quick Start and Customized Services

Continuation Budget

The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses

during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global

marketplace.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,578,020 $12,578,020
$1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020

$12,578,020 $12,578,020
$1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020

$12,578,020 $12,578,020
$1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020

336.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$66,652

$66,652

336.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$24,142

$24,142

336.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$15,492

$15,492

336.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$810

$810

$66,652 $24,142 $15,492
$810

3450

JOURNAL OF THE HOUSE

336.100 -Quick Start and Customized Services

Appropriation (HB 106)

The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses

during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global

marketplace.

TOTAL STATE FUNDS

$12,685,116 $12,685,116 $12,685,116

State General Funds

$12,685,116 $12,685,116 $12,685,116

TOTAL FEDERAL FUNDS

$1,000,000

$1,000,000

$1,000,000

Federal Funds Not Itemized

$1,000,000

$1,000,000

$1,000,000

TOTAL AGENCY FUNDS

$8,930,000

$8,930,000

$8,930,000

Sales and Services

$8,930,000

$8,930,000

$8,930,000

Sales and Services Not Itemized

$8,930,000

$8,930,000

$8,930,000

TOTAL PUBLIC FUNDS

$22,615,116 $22,615,116 $22,615,116

Technical Education

Continuation Budget

The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and

continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase

their competitiveness in the workplace.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584
$1,250,000 $1,250,000 $1,250,000 $597,023,308

$296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584
$1,250,000 $1,250,000 $1,250,000 $597,023,308

$296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584
$1,250,000 $1,250,000 $1,250,000 $597,023,308

337.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$1,610,941

$1,610,941

337.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$957,518

$957,518

337.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$345,001

$345,001

$1,610,941 $957,518 $345,001

FRIDAY, MARCH 22, 2013

3451

337.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$117,725

$117,725

$117,725

337.5 Reduce funds for the formula to reflect a 13.0% decrease in credit hours and a 4.5% increase in square footage. (H and S:Reduce funds)

State General Funds

($27,394,651) ($21,394,651) ($16,894,651)

337.100 -Technical Education

Appropriation (HB 106)

The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and

continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase

their competitiveness in the workplace.

TOTAL STATE FUNDS

$272,210,842 $278,210,842 $282,710,842

State General Funds

$272,210,842 $278,210,842 $282,710,842

TOTAL FEDERAL FUNDS

$44,999,000 $44,999,000 $44,999,000

Federal Funds Not Itemized

$44,999,000 $44,999,000 $44,999,000

TOTAL AGENCY FUNDS

$254,200,000 $254,200,000 $254,200,000

Sales and Services

$254,200,000 $254,200,000 $254,200,000

Sales and Services Not Itemized

$61,509,416 $61,509,416 $61,509,416

Tuition and Fees for Higher Education

$192,690,584 $192,690,584 $192,690,584

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,250,000

$1,250,000

$1,250,000

State Funds Transfers

$1,250,000

$1,250,000

$1,250,000

Agency to Agency Contracts

$1,250,000

$1,250,000

$1,250,000

TOTAL PUBLIC FUNDS

$572,659,842 $578,659,842 $583,159,842

Section 47: Transportation, Department of
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

Section Total - Continuation

$794,416,060 $794,416,060

$7,640,787

$7,640,787

$786,775,273 $786,775,273

$1,210,491,192 $1,210,491,192

$66,861,369 $66,861,369

$1,143,629,823 $1,143,629,823

$5,848,289

$5,848,289

$595,233

$595,233

$595,233

$595,233

$88,239

$88,239

$88,239

$88,239

$5,164,817

$5,164,817

$5,164,817

$5,164,817

$642,602

$642,602

$642,602

$642,602

$794,416,060 $7,640,787
$786,775,273 $1,210,491,192
$66,861,369 $1,143,629,823
$5,848,289 $595,233 $595,233 $88,239 $88,239
$5,164,817 $5,164,817
$642,602 $642,602

3452

JOURNAL OF THE HOUSE

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$642,602

$642,602

$642,602

$2,011,398,143 $2,011,398,143 $2,011,398,143

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

Section Total - Final $810,062,823 $6,851,633 $803,211,190
$1,210,491,192 $66,861,369
$1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602
$2,027,044,906

$835,930,415 $6,971,633
$828,958,782 $1,210,491,192
$66,861,369 $1,143,629,823
$5,848,289 $595,233 $595,233 $88,239 $88,239
$5,164,817 $5,164,817
$642,602 $642,602 $642,602 $2,052,912,498

$835,930,415 $6,971,633
$828,958,782 $1,210,491,192
$66,861,369 $1,143,629,823
$5,848,289 $595,233 $595,233 $88,239 $88,239
$5,164,817 $5,164,817
$642,602 $642,602 $642,602 $2,052,912,498

Airport Aid

Continuation Budget

The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing

planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement

projects.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,064,237 $3,064,237 $35,537,002 $35,537,002
$6,350 $6,350 $6,350 $38,607,589

$3,064,237 $3,064,237 $35,537,002 $35,537,002
$6,350 $6,350 $6,350 $38,607,589

$3,064,237 $3,064,237 $35,537,002 $35,537,002
$6,350 $6,350 $6,350 $38,607,589

338.1 Reduce funds for the state match for airport aid grants. State General Funds

($120,000)

$0

$0

FRIDAY, MARCH 22, 2013

3453

338.2 Reduce funds added in HB742 (2012 Session) for airport aid projects.
State General Funds
338.3 Transfer funds and six positions from the Airport Aid program to the Intermodal program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds:

($500,000)
($2,444,237) ($35,537,002)
($6,350) ($37,987,589)

($500,000)
($2,564,237) ($35,537,002)
($6,350) ($38,107,589)

($500,000)
($2,564,237) ($35,537,002)
($6,350) ($38,107,589)

Capital Construction Projects

Continuation Budget

The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$211,655,479 $0
$211,655,479 $675,252,699 $675,252,699 $886,908,178

$211,655,479 $0
$211,655,479 $675,252,699 $675,252,699 $886,908,178

$211,655,479 $0
$211,655,479 $675,252,699 $675,252,699 $886,908,178

339.1 Increase funds for capital outlay projects. State Motor Fuel Funds

$1,737,997

$1,737,997

$1,737,997

339.100 -Capital Construction Projects

Appropriation (HB 106)

The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems.

TOTAL STATE FUNDS

$213,393,476 $213,393,476 $213,393,476

State Motor Fuel Funds

$213,393,476 $213,393,476 $213,393,476

TOTAL FEDERAL FUNDS

$675,252,699 $675,252,699 $675,252,699

Federal Highway Admin.-Planning & Construction CFDA20.205

$675,252,699 $675,252,699 $675,252,699

TOTAL PUBLIC FUNDS

$888,646,175 $888,646,175 $888,646,175

Capital Maintenance Projects The purpose of this appropriation is to provide funding for capital outlay for maintenance projects.

Continuation Budget

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$60,560,150 $0
$60,560,150 $128,218,385 $128,218,385 $188,778,535

$60,560,150 $0
$60,560,150 $128,218,385 $128,218,385 $188,778,535

$60,560,150 $0
$60,560,150 $128,218,385 $128,218,385 $188,778,535

3454

JOURNAL OF THE HOUSE

340.100 -Capital Maintenance Projects The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS
State Motor Fuel Funds TOTAL FEDERAL FUNDS
Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

$60,560,150 $60,560,150 $128,218,385 $128,218,385 $188,778,535

Appropriation (HB 106)

$60,560,150 $60,560,150 $128,218,385 $128,218,385 $188,778,535

$60,560,150 $60,560,150 $128,218,385 $128,218,385 $188,778,535

Construction Administration

Continuation Budget

The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects,

acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed

projects.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$74,357,642 $0
$74,357,642 $64,892,990 $64,892,990
$165,000 $165,000 $165,000 $139,415,632

$74,357,642 $0
$74,357,642 $64,892,990 $64,892,990
$165,000 $165,000 $165,000 $139,415,632

$74,357,642 $0
$74,357,642 $64,892,990 $64,892,990
$165,000 $165,000 $165,000 $139,415,632

341.1 Increase funds to reflect a prior year adjustment in the employer share of the Employees' Retirement System.

State Motor Fuel Funds

$802,250

341.2 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan.

State Motor Fuel Funds

$700,000

341.3 Increase funds. State Motor Fuel Funds

$802,250 $700,000 $7,147,592

$802,250 $700,000 $7,147,592

341.100 -Construction Administration

Appropriation (HB 106)

The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects,

acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed

projects.

TOTAL STATE FUNDS

$75,859,892 $83,007,484 $83,007,484

State Motor Fuel Funds

$75,859,892 $83,007,484 $83,007,484

TOTAL FEDERAL FUNDS

$64,892,990 $64,892,990 $64,892,990

Federal Highway Admin.-Planning & Construction CFDA20.205

$64,892,990 $64,892,990 $64,892,990

FRIDAY, MARCH 22, 2013

3455

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$165,000 $165,000 $165,000 $140,917,882

$165,000 $165,000 $165,000 $148,065,474

$165,000 $165,000 $165,000 $148,065,474

Data Collection, Compliance and Reporting

Continuation Budget

The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to

provide current and accurate information for planning and public awareness needs.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,804,774 $0
$2,804,774 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $11,137,288

$2,804,774 $0
$2,804,774 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $11,137,288

$2,804,774 $0
$2,804,774 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $11,137,288

342.100 -Data Collection, Compliance and Reporting

Appropriation (HB 106)

The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to

provide current and accurate information for planning and public awareness needs.

TOTAL STATE FUNDS

$2,804,774

$2,804,774

$2,804,774

State Motor Fuel Funds

$2,804,774

$2,804,774

$2,804,774

TOTAL FEDERAL FUNDS

$8,270,257

$8,270,257

$8,270,257

Federal Highway Admin.-Planning & Construction CFDA20.205

$8,270,257

$8,270,257

$8,270,257

TOTAL AGENCY FUNDS

$62,257

$62,257

$62,257

Sales and Services

$62,257

$62,257

$62,257

Sales and Services Not Itemized

$62,257

$62,257

$62,257

TOTAL PUBLIC FUNDS

$11,137,288 $11,137,288 $11,137,288

Departmental Administration

Continuation Budget

The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other

modes of transportation such as mass transit, airports, railroads, and waterways.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205

$51,083,000 $0
$51,083,000 $10,839,823 $10,839,823

$51,083,000 $0
$51,083,000 $10,839,823 $10,839,823

$51,083,000 $0
$51,083,000 $10,839,823 $10,839,823

3456

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$898,970 $898,970 $898,970 $62,821,793

$898,970 $898,970 $898,970 $62,821,793

$898,970 $898,970 $898,970 $62,821,793

343.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan.

State Motor Fuel Funds

$618,024

$618,024

$618,024

343.100-Departmental Administration

Appropriation (HB 106)

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 STATE FUNDS

$51,701,024 $51,701,024 $51,701,024

State Motor Fuel Funds

$51,701,024 $51,701,024 $51,701,024

TOTAL FEDERAL FUNDS

$10,839,823 $10,839,823 $10,839,823

Federal Highway Admin.-Planning & Construction CFDA20.205

$10,839,823 $10,839,823 $10,839,823

TOTAL AGENCY FUNDS

$898,970

$898,970

$898,970

Sales and Services

$898,970

$898,970

$898,970

Sales and Services Not Itemized

$898,970

$898,970

$898,970

TOTAL PUBLIC FUNDS

$63,439,817 $63,439,817 $63,439,817

Intermodal

Continuation Budget

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

344.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$22,330

344.2 Transfer funds and six positions from the Airport Aid program to the Intermodal program.
State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds:

$2,444,237 $35,537,002
$6,350 $37,987,589

344.3 Transfer funds and two positions from the Ports and Waterways program to the Intermodal program.

State General Funds

$852,893

$22,330
$2,564,237 $35,537,002
$6,350 $38,107,589
$852,893

$22,330
$2,564,237 $35,537,002
$6,350 $38,107,589
$852,893

FRIDAY, MARCH 22, 2013

3457

344.4 Transfer funds and four positions from the Rail program to the Intermodal program.
State General Funds Royalties and Rents Not Itemized Total Public Funds:

$356,891 $88,239 $445,130

$356,891 $88,239 $445,130

$356,891 $88,239 $445,130

344.5 Transfer funds and 22 positions from the Transit program to the Intermodal program.
State General Funds Sales and Services Not Itemized Federal Funds Not Itemized Total Public Funds:

$3,175,282 $6,000
$31,324,367 $34,505,649

$3,175,282 $6,000
$31,324,367 $34,505,649

$3,175,282 $6,000
$31,324,367 $34,505,649

344.99

SAC: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. House: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. Gov Rev: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system.

State General Funds

$0

$0

$0

344.100 -Intermodal

Appropriation (HB 106)

The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to

facilitate a complete and seamless statewide transportation system.

TOTAL STATE FUNDS

$6,851,633

$6,971,633

$6,971,633

State General Funds

$6,851,633

$6,971,633

$6,971,633

TOTAL FEDERAL FUNDS

$66,861,369 $66,861,369 $66,861,369

Federal Funds Not Itemized

$66,861,369 $66,861,369 $66,861,369

TOTAL AGENCY FUNDS

$100,589

$100,589

$100,589

Royalties and Rents

$88,239

$88,239

$88,239

Royalties and Rents Not Itemized

$88,239

$88,239

$88,239

Sales and Services

$12,350

$12,350

$12,350

Sales and Services Not Itemized

$12,350

$12,350

$12,350

TOTAL PUBLIC FUNDS

$73,813,591 $73,933,591 $73,933,591

Local Maintenance and Improvement Grants

Continuation Budget

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 STATE FUNDS State General Funds

$110,642,250 $110,642,250 $110,642,250

$0

$0

$0

3458

JOURNAL OF THE HOUSE

State Motor Fuel Funds TOTAL PUBLIC FUNDS

$110,642,250 $110,642,250 $110,642,250 $110,642,250 $110,642,250 $110,642,250

345.1 Reduce funds for grants and benefits. State Motor Fuel Funds
345.2 Increase funds for local road improvement grants. State Motor Fuel Funds

($3,172,250) ($3,172,250) ($3,172,250) $15,000,000 $15,000,000

345.100 -Local Maintenance and Improvement Grants

Appropriation (HB 106)

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 STATE FUNDS

$107,470,000 $122,470,000 $122,470,000

State Motor Fuel Funds

$107,470,000 $122,470,000 $122,470,000

TOTAL PUBLIC FUNDS

$107,470,000 $122,470,000 $122,470,000

Local Road Assistance Administration

Continuation Budget

The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local

roads and bridges.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$16,854,565 $0
$16,854,565 $32,758,670 $32,758,670
$595,233 $595,233 $595,233 $50,208,468

$16,854,565 $0
$16,854,565 $32,758,670 $32,758,670
$595,233 $595,233 $595,233 $50,208,468

$16,854,565 $0
$16,854,565 $32,758,670 $32,758,670
$595,233 $595,233 $595,233 $50,208,468

346.1 Reduce funds in the Local Road Assistance Administration program for technical and financial assistance and transfer savings to the Payments to the State Road and Tollway Authority program for GRB/GARVEE debt service.

State Motor Fuel Funds

($4,500,000) ($4,500,000) ($4,500,000)

346.100 -Local Road Assistance Administration

Appropriation (HB 106)

The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local

roads and bridges.

TOTAL STATE FUNDS

$12,354,565 $12,354,565 $12,354,565

State Motor Fuel Funds

$12,354,565 $12,354,565 $12,354,565

FRIDAY, MARCH 22, 2013

3459

TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$32,758,670 $32,758,670
$595,233 $595,233 $595,233 $45,708,468

$32,758,670 $32,758,670
$595,233 $595,233 $595,233 $45,708,468

$32,758,670 $32,758,670
$595,233 $595,233 $595,233 $45,708,468

Planning

Continuation Budget

The purpose of this appropriation is to develop the state transportation improvement program and the statewide strategic transportation plan, and coordinate

transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$3,756,074 $0
$3,756,074 $14,683,804 $14,683,804 $18,439,878

$3,756,074 $0
$3,756,074 $14,683,804 $14,683,804 $18,439,878

$3,756,074 $0
$3,756,074 $14,683,804 $14,683,804 $18,439,878

347.100 -Planning

Appropriation (HB 106)

The purpose of this appropriation is to develop the state transportation improvement program and the statewide strategic transportation plan, and coordinate

transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation.

TOTAL STATE FUNDS

$3,756,074

$3,756,074

$3,756,074

State Motor Fuel Funds

$3,756,074

$3,756,074

$3,756,074

TOTAL FEDERAL FUNDS

$14,683,804 $14,683,804 $14,683,804

Federal Highway Admin.-Planning & Construction CFDA20.205

$14,683,804 $14,683,804 $14,683,804

TOTAL PUBLIC FUNDS

$18,439,878 $18,439,878 $18,439,878

Ports and Waterways

Continuation Budget

The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements,

rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$941,812 $941,812 $941,812

$941,812 $941,812 $941,812

$941,812 $941,812 $941,812

348.1 Reduce funds for property tax assessment to reflect projected expenditures. State General Funds

($88,919)

348.2 Transfer funds and two positions from the Ports and Waterways program to the Intermodal program.

State General Funds

($852,893)

($88,919) ($852,893)

($88,919) ($852,893)

3460

JOURNAL OF THE HOUSE

Rail

Continuation Budget

The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized
TOTAL PUBLIC FUNDS

$356,891 $356,891 $88,239 $88,239 $88,239 $445,130

$356,891 $356,891 $88,239 $88,239 $88,239 $445,130

$356,891 $356,891 $88,239 $88,239 $88,239 $445,130

349.1 Transfer funds and four positions from the Rail program to the Intermodal program.
State General Funds Royalties and Rents Not Itemized Total Public Funds:

($356,891) ($88,239)
($445,130)

($356,891) ($88,239)
($445,130)

($356,891) ($88,239)
($445,130)

Routine Maintenance

Continuation Budget

The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road

and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to

maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for

emergency operations on state routes, and to maintain state rest areas and welcome centers.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$173,068,804 $0
$173,068,804 $24,886,452 $24,886,452
$642,602 $642,602 $642,602 $198,597,858

$173,068,804 $0
$173,068,804 $24,886,452 $24,886,452
$642,602 $642,602 $642,602 $198,597,858

$173,068,804 $0
$173,068,804 $24,886,452 $24,886,452
$642,602 $642,602 $642,602 $198,597,858

350.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan.

State Motor Fuel Funds

$942,474

350.2 Increase funds for operations. State Motor Fuel Funds

$2,811,738

$942,474 $2,811,738

$942,474 $2,811,738

FRIDAY, MARCH 22, 2013

3461

350.100 -Routine Maintenance

Appropriation (HB 106)

The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road

and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to

maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for

emergency operations on state routes, and to maintain state rest areas and welcome centers.

TOTAL STATE FUNDS

$176,823,016 $176,823,016 $176,823,016

State Motor Fuel Funds

$176,823,016 $176,823,016 $176,823,016

TOTAL FEDERAL FUNDS

$24,886,452 $24,886,452 $24,886,452

Federal Highway Admin.-Planning & Construction CFDA20.205

$24,886,452 $24,886,452 $24,886,452

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$642,602

$642,602

$642,602

State Funds Transfers

$642,602

$642,602

$642,602

Agency to Agency Contracts

$642,602

$642,602

$642,602

TOTAL PUBLIC FUNDS

$202,352,070 $202,352,070 $202,352,070

Traffic Management and Control

Continuation Budget

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety

planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response

Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$19,640,861 $0
$19,640,861 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $59,337,643

$19,640,861 $0
$19,640,861 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $59,337,643

$19,640,861 $0
$19,640,861 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $59,337,643

351.100 -Traffic Management and Control

Appropriation (HB 106)

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety

planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response

Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

TOTAL STATE FUNDS

$19,640,861 $19,640,861 $19,640,861

State Motor Fuel Funds

$19,640,861 $19,640,861 $19,640,861

TOTAL FEDERAL FUNDS

$35,670,542 $35,670,542 $35,670,542

Federal Highway Admin.-Planning & Construction CFDA20.205

$35,670,542 $35,670,542 $35,670,542

TOTAL AGENCY FUNDS

$4,026,240

$4,026,240

$4,026,240

Sales and Services

$4,026,240

$4,026,240

$4,026,240

3462

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$4,026,240 $59,337,643

$4,026,240 $59,337,643

$4,026,240 $59,337,643

Transit

Continuation Budget

The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance

to Georgia's transit systems.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,277,847 $3,277,847 $31,324,367 $31,324,367
$6,000 $6,000 $6,000 $34,608,214

$3,277,847 $3,277,847 $31,324,367 $31,324,367
$6,000 $6,000 $6,000 $34,608,214

$3,277,847 $3,277,847 $31,324,367 $31,324,367
$6,000 $6,000 $6,000 $34,608,214

352.1 Reduce funds for the state match for local transit projects.
State General Funds
352.2 Transfer funds and 22 positions from the Transit program to the Intermodal program.
State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds:

($102,565)

($102,565)

($102,565)

($3,175,282) ($31,324,367)
($6,000) ($34,505,649)

($3,175,282) ($31,324,367)
($6,000) ($34,505,649)

($3,175,282) ($31,324,367)
($6,000) ($34,505,649)

Payments to the State Road and Tollway Authority

Continuation Budget

The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects

statewide and to capitalize the Community Improvement District Congestion Relief Fund.

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205
TOTAL PUBLIC FUNDS

$62,351,674 $0
$62,351,674 $148,156,201 $148,156,201 $210,507,875

$62,351,674 $0
$62,351,674 $148,156,201 $148,156,201 $210,507,875

$62,351,674 $0
$62,351,674 $148,156,201 $148,156,201 $210,507,875

353.1 Increase funds for GRB/GARVEE debt service. State Motor Fuel Funds

$11,995,684 $11,995,684 $11,995,684

FRIDAY, MARCH 22, 2013

3463

353.2 Increase funds for GRB/GARVEE debt service by transferring savings from the Local Road Assistance Administration program.

State Motor Fuel Funds

$4,500,000

$4,500,000

$4,500,000

353.3 Increase funds to provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects.

State Motor Fuel Funds

$3,600,000

$3,600,000

353.100 -Payments to the State Road and Tollway Authority

Appropriation (HB 106)

The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects

statewide and to capitalize the Community Improvement District Congestion Relief Fund.

TOTAL STATE FUNDS

$78,847,358 $82,447,358 $82,447,358

State Motor Fuel Funds

$78,847,358 $82,447,358 $82,447,358

TOTAL FEDERAL FUNDS

$148,156,201 $148,156,201 $148,156,201

Federal Highway Admin.-Planning & Construction CFDA20.205

$148,156,201 $148,156,201 $148,156,201

TOTAL PUBLIC FUNDS

$227,003,559 $230,603,559 $230,603,559

It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Office of the State Treasurer, attached agency of the Department of Administrative Services. b.) Programs financed by Motor Fuel Tax Funds may be adjusted for additional appropriation or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. 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.

Section 48: Veterans Service, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $20,429,441 $20,429,441 $18,260,569 $18,260,569 $38,690,010

$20,429,441 $20,429,441 $18,260,569 $18,260,569 $38,690,010

$20,429,441 $20,429,441 $18,260,569 $18,260,569 $38,690,010

TOTAL STATE FUNDS State General Funds

Section Total - Final $20,148,979 $20,148,979

$20,148,979 $20,148,979

$20,147,431 $20,147,431

3464

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$18,260,569 $18,260,569
$532,301 $532,301 $532,301 $38,941,849

$18,260,569 $18,260,569
$2,313,699 $2,313,699 $2,313,699 $40,723,247

$18,260,569 $18,260,569
$2,313,699 $2,313,699 $2,313,699 $40,721,699

Departmental Administration

Continuation Budget

The purpose of this appropriation is to coordinate, manage and supervise all aspects of department operations to include financial, public information,

personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,378,152 $1,378,152 $1,378,152

$1,378,152 $1,378,152 $1,378,152

$1,378,152 $1,378,152 $1,378,152

354.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$24,408

$24,408

354.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$95,478

$95,478

354.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$1,699

$1,699

354.4 Transfer funds from the Veterans Benefits program to the Departmental Administration program for one technology position.

State General Funds

$71,182

$71,182

354.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

$24,408 $95,478
$1,699 $71,182 ($1,548)

354.100-Departmental Administration

Appropriation (HB 106)

The purpose of this appropriation is to coordinate, manage and supervise all aspects of department operations to include financial, public information,

personnel, accounting, purchasing, supply, mail, records management, and information technology.

TOTAL STATE FUNDS

$1,570,919

$1,570,919

$1,569,371

State General Funds

$1,570,919

$1,570,919

$1,569,371

TOTAL PUBLIC FUNDS

$1,570,919

$1,570,919

$1,569,371

Georgia Veterans Memorial Cemetery

Continuation Budget

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.

FRIDAY, MARCH 22, 2013

3465

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$484,954 $484,954 $178,004 $178,004 $662,958

$484,954 $484,954 $178,004 $178,004 $662,958

$484,954 $484,954 $178,004 $178,004 $662,958

355.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$13,981

$13,981

$13,981

355.100 -Georgia Veterans Memorial Cemetery

Appropriation (HB 106)

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 STATE FUNDS

$498,935

$498,935

$498,935

State General Funds

$498,935

$498,935

$498,935

TOTAL FEDERAL FUNDS

$178,004

$178,004

$178,004

Federal Funds Not Itemized

$178,004

$178,004

$178,004

TOTAL PUBLIC FUNDS

$676,939

$676,939

$676,939

Georgia War Veterans Nursing Home - Augusta

Continuation Budget

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical

College of Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412

$5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412

$5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412

356.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%.

State General Funds

$38,697

$38,697

$38,697

356.2 Reduce funds due to lowered average daily patient census. State General Funds

($251,282)

($251,282)

($251,282)

356.3 Transfer funds from the Georgia War Veterans Home-Augusta program to the Veterans Benefits program for personnel.

State General Funds

($197,636)

($197,636)

($197,636)

356.4 Increase funds to recognize residency fee revenue. (H and S:YES; Reflect updated projected fee revenue to increase patient services and census)

Sales and Services Not Itemized

$247,897

$967,441

$967,441

3466

JOURNAL OF THE HOUSE

356.5 Utilize existing state funds ($50,261) for the FY2013 Teachers' Retirement System contract increase. (G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

356.100 -Georgia War Veterans Nursing Home - Augusta

Appropriation (HB 106)

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical

College of Georgia.

TOTAL STATE FUNDS

$4,625,143

$4,625,143

$4,625,143

State General Funds

$4,625,143

$4,625,143

$4,625,143

TOTAL FEDERAL FUNDS

$5,286,048

$5,286,048

$5,286,048

Federal Funds Not Itemized

$5,286,048

$5,286,048

$5,286,048

TOTAL AGENCY FUNDS

$247,897

$967,441

$967,441

Sales and Services

$247,897

$967,441

$967,441

Sales and Services Not Itemized

$247,897

$967,441

$967,441

TOTAL PUBLIC FUNDS

$10,159,088 $10,878,632 $10,878,632

Georgia War Veterans Nursing Home - Milledgeville The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

Continuation Budget

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504

$7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504

$7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504

357.1 Reduce funds due to lowered average daily patient census. State General Funds

($361,601)

($361,601)

($361,601)

357.2 Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Veterans Benefits program for personnel.

State General Funds

($284,404)

($284,404)

($284,404)

357.3 Increase funds to recognize residency fee revenue. (H and S:YES; Reflect updated projected fee revenue to increase patient services and census)

Sales and Services Not Itemized

$284,404

$1,346,258

$1,346,258

357.100 -Georgia War Veterans Nursing Home - Milledgeville

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$7,188,422

State General Funds

$7,188,422

TOTAL FEDERAL FUNDS

$8,173,077

Federal Funds Not Itemized

$8,173,077

Appropriation (HB 106)

$7,188,422 $7,188,422 $8,173,077 $8,173,077

$7,188,422 $7,188,422 $8,173,077 $8,173,077

FRIDAY, MARCH 22, 2013

3467

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$284,404 $284,404 $284,404 $15,645,903

$1,346,258 $1,346,258 $1,346,258 $16,707,757

$1,346,258 $1,346,258 $1,346,258 $16,707,757

Veterans Benefits

Continuation Budget

The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the

veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984

$5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984

$5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984

358.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$104,452

$104,452

$104,452

358.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$53,706

$53,706

$53,706

358.3 Transfer funds from the Georgia War Veterans Nursing Home-Augusta program ($197,636) and the Georgia War Veterans Home-Milledgeville program ($284,404) for twelve new field officer positions and two new claims and appeals positions.

State General Funds

$482,040

$482,040

$482,040

358.4 Transfer funds from the Veterans Benefits program to the Departmental Administration program for one technology position.

State General Funds

($71,182)

($71,182)

($71,182)

358.100 -Veterans Benefits

Appropriation (HB 106)

The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the

veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

TOTAL STATE FUNDS

$6,265,560

$6,265,560

$6,265,560

State General Funds

$6,265,560

$6,265,560

$6,265,560

TOTAL FEDERAL FUNDS

$4,623,440

$4,623,440

$4,623,440

Federal Funds Not Itemized

$4,623,440

$4,623,440

$4,623,440

TOTAL PUBLIC FUNDS

$10,889,000 $10,889,000 $10,889,000

3468

JOURNAL OF THE HOUSE

Section 49: Workers' Compensation, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $22,479,007

$21,955,175 $21,955,175
$523,832 $523,832 $523,832 $22,479,007

$21,955,175 $21,955,175
$523,832 $523,832 $523,832 $22,479,007

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $22,702,966 $22,702,966 $523,832 $523,832 $523,832 $23,226,798

$22,702,966 $22,702,966
$523,832 $523,832 $523,832 $23,226,798

$22,700,125 $22,700,125
$523,832 $523,832 $523,832 $23,223,957

Administer the Workers' Compensation Laws

Continuation Budget

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,247,520 $11,247,520
$458,353 $458,353 $458,353 $11,705,873

$11,247,520 $11,247,520
$458,353 $458,353 $458,353 $11,705,873

$11,247,520 $11,247,520
$458,353 $458,353 $458,353 $11,705,873

359.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$252,115

$252,115

$252,115

359.2 Transfer funds from the Administer the Workers' Compensation Laws program to the Board Administration program for personnel.

State General Funds

($54,000)

($54,000)

($54,000)

359.100 -Administer the Workers' Compensation Laws

Appropriation (HB 106)

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$11,445,635 $11,445,635 $11,445,635

State General Funds

$11,445,635 $11,445,635 $11,445,635

TOTAL AGENCY FUNDS

$458,353

$458,353

$458,353

Sales and Services

$458,353

$458,353

$458,353

FRIDAY, MARCH 22, 2013

3469

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$458,353 $11,903,988

$458,353 $11,903,988

$458,353 $11,903,988

Board Administration

Continuation Budget

The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner

that is sensitive, responsive, and effective.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,707,655 $10,707,655
$65,479 $65,479 $65,479 $10,773,134

$10,707,655 $10,707,655
$65,479 $65,479 $65,479 $10,773,134

$10,707,655 $10,707,655
$65,479 $65,479 $65,479 $10,773,134

360.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System.

State General Funds

$44,895

$44,895

$44,895

360.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds

$449,429

$449,429

$449,429

360.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds

$1,352

$1,352

$1,352

360.4 Transfer funds from the Administer the Workers' Compensation Laws program to the Board Administration program for personnel.

State General Funds

$54,000

$54,000

$54,000

360.5 Remit payment to the State Treasury. (Total Funds: $5,303,747)(G:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

360.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds

($2,841)

360.100 -Board Administration

Appropriation (HB 106)

The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner

that is sensitive, responsive, and effective.

TOTAL STATE FUNDS

$11,257,331 $11,257,331 $11,254,490

State General Funds

$11,257,331 $11,257,331 $11,254,490

TOTAL AGENCY FUNDS

$65,479

$65,479

$65,479

Sales and Services

$65,479

$65,479

$65,479

Sales and Services Not Itemized

$65,479

$65,479

$65,479

TOTAL PUBLIC FUNDS

$11,322,810 $11,322,810 $11,319,969

3470

JOURNAL OF THE HOUSE

Section 50: State of Georgia General Obligation Debt Sinking Fund
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS
General Obligation Debt Sinking Fund - Issued
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation $1,124,937,314 $1,124,937,314 $942,063,253 $942,063,253 $182,874,061 $182,874,061 $16,456,398 $16,456,398 $16,456,398 $16,456,398 $1,141,393,712 $1,141,393,712

$1,124,937,314 $942,063,253 $182,874,061 $16,456,398 $16,456,398
$1,141,393,712

Section Total - Final $1,203,209,769 $1,030,523,851 $172,685,918 $16,456,398 $16,456,398 $1,219,666,167

$1,171,297,214 $1,024,358,888
$146,938,326 $16,456,398 $16,456,398 $1,187,753,612

$1,170,178,268 $1,023,239,942
$146,938,326 $16,456,398 $16,456,398 $1,186,634,666

Continuation Budget

$1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398
$1,058,371,704

$1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398
$1,058,371,704

$1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398
$1,058,371,704

361.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.

State General Funds

$83,022,008

361.2 Increase funds. State General Funds

$12,196,880

361.3 Reduce funds for debt service. State Motor Fuel Funds

($10,188,143)

361.4 Reduce funds for debt service to reflect savings from early retirements.
State General Funds State Motor Fuel Funds Total Public Funds:

($255,199) ($255,199)

$83,022,008
$5,234,857
($10,188,143)
($4,490,263) ($25,747,592) ($30,237,855)

$83,022,008
$0
($10,188,143)
($4,490,263) ($25,747,592) ($30,237,855)

FRIDAY, MARCH 22, 2013

3471

361.5 Redirect $1,571,620 in 20-year unspent bond proceeds from FY2010 for facility construction and renovations (HB119, Bond#397.122) and $2,922,100 in 20-year unspent bond proceeds from FY2012 for improvements and renovations (HB78, Bond#379.132) for the Department of Juvenile Justice to be used to construct a 30-bed Youth Development Campus. (Gov Rev:YES)(H:YES)(S:YES)

State General Funds

$0

$0

$0

361.6 Repeal the authorization of $4,720,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Regular, statewide and utilize bonding authorization for additional debt capacity in the current year.

State General Funds

($428,576)

361.7 Repeal the authorization of $1,530,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Exceptional Growth, statewide and utilize bonding authorization for additional debt capacity in the current year.

State General Funds

($138,924)

361.8 Repeal the authorization of $3,165,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Regular Advance, statewide and utilize bonding authorization for additional debt capacity in the current year.

State General Funds

($287,382)

361.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS
General Obligation Debt Sinking Fund - New
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,126,690,852 $954,004,934 $172,685,918 $16,456,398 $16,456,398
$1,143,147,250

Appropriation (HB 106) $1,089,746,173 $1,083,656,434
$942,807,847 $936,718,108 $146,938,326 $146,938,326 $16,456,398 $16,456,398 $16,456,398 $16,456,398 $1,106,202,571 $1,100,112,832

Continuation Budget

$83,022,008 $83,022,008 $83,022,008

$83,022,008 $83,022,008 $83,022,008

$83,022,008 $83,022,008 $83,022,008

Total Debt Service
5 year at 5% State General Funds
10 year at 5.25% State General Funds
15 year at 5.5% State General Funds

$20,431,463 $21,818,706 $21,738,873

$4,227,920

$4,227,920

$4,227,920

$449,100

$449,100

$449,100

3472

JOURNAL OF THE HOUSE

20 year at 5.5% State General Funds
20 year at 6% State General Funds
Total Amount State General Funds
Total Principal Amount
5 year at 5% State General Funds
10 year at 5.25% State General Funds
15 year at 5.5% State General Funds
20 year at 5.5% State General Funds
20 year at 6% State General Funds
Total Amount State General Funds

$45,371,834 $49,016,715 $54,067,341

$6,038,600

$6,038,600

$6,038,600

$76,518,917 $81,551,041 $86,521,834

$88,295,000 $94,290,000 $93,945,000

$32,225,000 $32,225,000 $32,225,000

$4,500,000

$4,500,000

$4,500,000

$541,430,000 $584,925,000 $645,195,000

$69,250,000 $69,250,000 $69,250,000

$735,700,000 $785,190,000 $845,115,000

362.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.

State General Funds

($83,022,008) ($83,022,008) ($83,022,008)

362.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 106)

$0

$0

$0

$0

$0

$0

$0

$0

$0

FRIDAY, MARCH 22, 2013

3473

Corrections, Department of 362.101 BOND: GDC multi-projects: $1,500,000 in principal for 5 years at 5%: Fund facility repairs and purchase equipment statewide.
From State General Funds, $347,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$347,100

$347,100

$347,100

Corrections, Department of 362.102 BOND: GDC multi-projects: $6,940,000 in principal for 20 years at 5.5%: Fund facility renovations, security upgrades, and improvements
statewide. From State General Funds, $581,572 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 $6,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$581,572

$581,572

$581,572

Corrections, Department of 362.103 BOND: GDC multi-projects: $3,500,000 in principal for 5 years at 5%: Purchase 175 replacement vehicles statewide.
From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$809,900

$809,900

$809,900

Corrections, Department of 362.104 BOND: Phillips State Prison: $4,500,000 in principal for 15 years at 5.5%: Fund the guaranteed energy savings performance contract.
From State General Funds, $449,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 180 months.

State General Funds

$449,100

$449,100

$449,100

Pardons and Paroles, State Board of 362.111 BOND: State Board of Pardons and Paroles Multi-Projects: $775,000 in principal for 5 years at 5%: Purchase 40 vehicles for virtual office
initiative statewide. From State General Funds, $179,335 is specifically appropriated for the purpose of financing projects and facilities for the State Board of

3474

JOURNAL OF THE HOUSE

Pardons and Paroles by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$179,335

$179,335

$179,335

Defense, Department of 362.121 BOND: Defense Multi-projects: $2,000,000 in principal for 20 years at 5.5%: Fund renovations of armories statewide and match federal funds.
From State General Funds, $167,600 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$167,600

$167,600

$167,600

Defense, Department of 362.122 BOND: Defense Multi-projects: $500,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide and match federal
funds. From State General Funds, $115,700 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$115,700

$115,700

$115,700

Investigation, Georgia Bureau of 362.131 BOND: Savannah Branch Crime Lab: $345,000 in principal for 20 years at 5.5%: Fund replacement of the HVAC system at the crime lab
building. From State General Funds, $28,911 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 $345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$28,911

$28,911

$28,911

Investigation, Georgia Bureau of 362.132 BOND: GBI Multi-Projects: $305,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide.
From State General Funds, $70,577 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 $305,000 in principal amount of General Obligation Debt, the instruments of which shall have

FRIDAY, MARCH 22, 2013

3475

maturities not in excess of 60 months. State General Funds

$70,577

$70,577

$70,577

Investigation, Georgia Bureau of 362.133 BOND: GBI Multi-Projects: $945,000 in principal for 5 years at 5%: Purchase 30 investigative replacement vehicles statewide.
From State General Funds, $218,673 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 $945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$218,673

$218,673

$218,673

Juvenile Justice, Department of 362.141 BOND: DJJ Multi-Projects: $3,090,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide.
From State General Funds, $715,026 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,090,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$715,026

$715,026

$715,026

Juvenile Justice, Department of 362.142 BOND: DJJ Multi-Projects: $3,285,000 in principal for 20 years at 5.5%: Fund major facility improvements and renovations statewide.
From State General Funds, $275,283 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$275,283

$275,283

$275,283

Juvenile Justice, Department of 362.143 BOND: DJJ Multi-Projects: $3,300,000 in principal for 20 years at 5.5%: Fund security upgrades and enhancements statewide.
From State General Funds, $276,540 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$276,540

$276,540

$276,540

3476

JOURNAL OF THE HOUSE

Juvenile Justice, Department of 362.144 BOND: Eastman Youth Development Campus: $105,000 in principal for 5 years at 5%: Purchase equipment for newly constructed support
facilities. From State General Funds, $24,297 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 $105,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$24,297

$24,297

$24,297

Juvenile Justice, Department of 362.145 BOND: Muscogee Youth Development Campus: $445,000 in principal for 5 years at 5%: Fund the design of new housing units.
From State General Funds, $102,973 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 $445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$102,973

$102,973

$102,973

Juvenile Justice, Department of 362.146 BOND: Muscogee Youth Development Campus: $100,000 in principal for 5 years at 5%: Fund the design of a vocational education facility.
From State General Funds, $23,140 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$23,140

$23,140

$23,140

Juvenile Justice, Department of 362.147 BOND: Macon Youth Development Campus: $365,000 in principal for 5 years at 5%: Fund the design of new housing units.
From State General Funds, $84,461 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 $365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$84,461

$84,461

$84,461

Public Safety, Department of 362.151 BOND: Patrol Posts Various: $2,500,000 in principal for 5 years at 5%: Purchase 106 replacement law enforcement patrol vehicles statewide.
From State General Funds, $578,500 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,

FRIDAY, MARCH 22, 2013

3477

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$578,500

$578,500

$578,500

Public Safety, Department of 362.152 BOND: Patrol Posts Various: $285,000 in principal for 5 years at 5%: Purchase 10 replacement enforcement vehicles for the Motor Carrier
Compliance Division statewide. From State General Funds, $65,949 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 $285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$65,949

$65,949

$65,949

Public Safety, Department of 362.153 BOND: Patrol Posts Various: $790,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide.
From State General Funds, $182,806 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 $790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$182,806

$182,806

$182,806

Public Safety, Department of 362.154 BOND: Patrol Posts Various: $3,000,000 in principal for 10 years at 5.25%: Purchase one replacement helicopter statewide.
From State General Funds, $393,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months.

State General Funds

$393,600

$393,600

$393,600

Public Safety, Department of 362.155 BOND: Public Safety Training Center: $1,655,000 in principal for 20 years at 5.5%: Fund major facility repairs, renovations, and construction.
From State General Funds, $138,689 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$138,689

$138,689

$138,689

3478

JOURNAL OF THE HOUSE

Public Safety, Department of 362.156 BOND: Public Safety Training Center: $400,000 in principal for 20 years at 5.5%: Fund replacement of shoothouse training facility.
From State General Funds, $33,520 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 $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$33,520

$33,520

$33,520

Public Safety, Department of 362.157 BOND: Public Safety Training Center: $425,000 in principal for 20 years at 5.5%: Construct a building for fire protection training.
From State General Funds, $35,615 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 $425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$35,615

$35,615

$35,615

Public Safety, Department of 362.158 BOND: Public Safety Training Center: $125,000 in principal for 5 years at 5%: Fund the resurfacing of the skid pad for driver training.
From State General Funds, $28,925 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 $125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$28,925

$28,925

$28,925

Public Safety, Department of 362.159 BOND: Public Safety Training Center: $395,000 in principal for 10 years at 5.25%: Purchase one replacement fire truck.
From State General Funds, $51,824 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 $395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months.

State General Funds

$51,824

$51,824

$51,824

Community Affairs, Department of 362.191 BOND: Reservoirs: $4,500,000 in principal for 20 years at 6%: Fund reservoirs statewide.
From State General Funds, $392,400 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,

FRIDAY, MARCH 22, 2013

3479

through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$392,400

$392,400

$392,400

Environmental Finance Authority, Georgia 362.201 BOND: Local Government Infrastructure: $21,050,000 in principal for 20 years at 5.5%: Fund the State Funded Water and Sewer Construction
Loan Program. From State General Funds, $1,763,990 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 $21,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,029,370

$2,442,770

$1,763,990

Environmental Finance Authority, Georgia 362.202 BOND: Local Government Infrastructure: $4,600,000 in principal for 20 years at 5.5%: Fund the state match for the federal Clean Water State
Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $385,480 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 $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$293,300

$293,300

$385,480

Environmental Finance Authority, Georgia 362.203 BOND: Local Government Infrastructure: $4,600,000 in principal for 20 years at 5.5%: Fund the state match for the federal Drinking Water
State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $385,480 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 $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$385,480

$385,480

$385,480

Environmental Finance Authority, Georgia 362.204 BOND: Local Government Infrastructure: $20,750,000 in principal for 20 years at 5.5%: Fund Water Supply and Reservoir Construction Loan
Program. From State General Funds, $1,738,850 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 240 months.

State General Funds

$1,738,850

$1,738,850

$1,738,850

3480

JOURNAL OF THE HOUSE

Economic Development, Department of 362.211 BOND: Georgia World Congress Center: $11,750,000 in principal for 20 years at 6%: Fund infrastructure improvements related to the College
Football Hall of Fame. (H and S:Fund infrastructure improvements) From State General Funds, $1,024,600 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 $11,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,024,600

$1,024,600

$1,024,600

Economic Development, Department of 362.212 BOND: Georgia World Congress Center: $3,250,000 in principal for 20 years at 5.5%: Fund renovations and upgrades to Building B.
From State General Funds, $272,350 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 $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$272,350

$272,350

$272,350

Ports Authority, Georgia 362.221 BOND: Ports Authority: $50,000,000 in principal for 20 years at 5.5%: Fund the Savannah Harbor Deepening Project and match federal funds.
From State General Funds, $4,190,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$4,190,000

$4,190,000

$4,190,000

Transportation, Department of 362.231 BOND: Rail Lines: $2,760,000 in principal for 20 years at 5.5%: Fund continuance of the Nunez to Vidalia Line Rehabilitation project, the
rehabilitation of the line from Summerville to Lyerly (Summerville to Chattooga County), replace the failing closed wood deck bridge with an open bridge timber structure on the Georgia Central Railway in Laurens County and replace the failing closed wood deck bridge with an open timber bridge on the Georgia Central Railway in Twiggs County. From State General Funds, $231,288 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$231,288

FRIDAY, MARCH 22, 2013

3481

Education, Department of 362.301 BOND: K - 12 Schools: $148,050,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Regular for local school construction.
From State General Funds, $12,406,590 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 $148,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$12,426,702 $12,406,590 $12,406,590

Education, Department of 362.302 BOND: K - 12 Schools: $29,510,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Regular Advance for local school
construction. From State General Funds, $2,472,938 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 $29,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,472,938

$2,472,938

$2,472,938

Education, Department of 362.303 BOND: K - 12 Schools: $21,350,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Low Wealth for local school
construction. (S:Redirect sold but unused bonds for this project) From State General Funds, $1,789,130 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $21,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,084,944

$2,019,580

$1,789,130

Education, Department of 362.304 BOND: K - 12 Schools: $3,110,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Additional Project Specific Low Wealth
for local school construction, Terrell County. From State General Funds, $260,618 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $3,110,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$260,618

$260,618

$260,618

Education, Department of 362.305 BOND: K - 12 Equipment: $25,000,000 in principal for 10 years at 5.25%: Purchase 328 school buses statewide.
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 120 months.

State General Funds

$3,280,000

$3,280,000

$3,280,000

Education, Department of 362.306 BOND: K - 12 Equipment: $7,000,000 in principal for 5 years at 5%: Fund technology infrastructure upgrades for local school districts
statewide.

3482

JOURNAL OF THE HOUSE

From State General Funds, $1,619,800 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$1,619,800

$1,619,800

$1,619,800

Education, Department of 362.307 BOND: K - 12 Equipment: $3,600,000 in principal for 5 years at 5%: Fund vocational equipment statewide.
From State General Funds, $833,040 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$833,040

$833,040

Education, Department of 362.308 BOND: State Schools: $1,935,000 in principal for 20 years at 5.5%: Fund facility improvements and repairs at the State Schools.
From State General Funds, $162,153 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 $1,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$162,153

$162,153

Education, Department of 362.309 BOND: DOE Locations Statewide: $1,875,000 in principal for 20 years at 5.5%: Fund building construction and renovation at the FFA/FCCLA
Center and Camp John Hope. From State General Funds, $157,125 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 $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$157,125

$157,125

Building Authority, Georgia 362.411 BOND: GBA multi-projects: $3,000,000 in principal for 20 years at 5.5%: Fund facility improvements and renovations.
From State General Funds, $251,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$251,400

$251,400

$251,400

FRIDAY, MARCH 22, 2013

3483

Revenue, Department of 362.421 BOND: Department of Revenue Equipment: $10,000,000 in principal for 5 years at 5%: Fund replacement of the Georgia Registration and Title
Information System (GRATIS). From State General Funds, $2,314,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$2,314,000

$2,314,000

$2,314,000

Georgia Vocational Rehabilitation Agency 362.491 BOND: Roosevelt Warm Springs Institute for Rehabilitation: $760,000 in principal for 5 years at 5%: Fund electrical repairs at Kress, Founders,
Builders, and Georgia Halls. From State General Funds, $175,864 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Vocational Rehabilitation Agency by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$175,864

$175,864

$175,864

Behavioral Health and Developmental Disabilities, Department of 362.501 BOND: Central State Hospital: $820,000 in principal for 20 years at 5.5%: Fund replacement of the HVAC system in the Education and Work
Activities Center Building. (S:Redirect sold but unused bonds for this project) From State General Funds, $68,716 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$77,096

$77,096

$68,716

Behavioral Health and Developmental Disabilities, Department of 362.502 BOND: Atlanta Regional Hospital: $0 in principal for 5 years at 5%: Fund a new food delivery system. (S:Redirect sold but unused bonds for
this project)

State General Funds

$218,673

$218,673

$0

Veterans Service, Department of 362.521 BOND: Georgia War Veterans Nursing Homes, Various: $525,000 in principal for 20 years at 5.5%: Fund facility repairs and renovations.
From State General Funds, $43,995 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,

3484

JOURNAL OF THE HOUSE

through the issuance of not more than $525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$43,995

$43,995

$43,995

University System of Georgia, Board of Regents 362.601 BOND: Regents: $44,525,000 in principal for 20 years at 5.5%: Fund major improvements and renovations statewide.
From State General Funds, $3,731,195 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $44,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$4,190,000

$4,190,000

$3,731,195

University System of Georgia, Board of Regents 362.602 BOND: Dalton State College: $2,100,000 in principal for 5 years at 5%: Purchase equipment for the new academic building.
From State General Funds, $485,940 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$485,940

$485,940

$485,940

University System of Georgia, Board of Regents 362.603 BOND: Georgia College and State University: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the renovation of Ennis Hall.
From State General Funds, $231,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$231,400

$231,400

$231,400

University System of Georgia, Board of Regents 362.604 BOND: Georgia Gwinnett College: $3,000,000 in principal for 5 years at 5%: Purchase equipment for the new Allied Health Building.
From State General Funds, $694,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$694,200

$694,200

$694,200

FRIDAY, MARCH 22, 2013

3485

University System of Georgia, Board of Regents 362.605 BOND: Georgia Regents University: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Consolidated Medical
Education Commons. From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$1,157,000

$1,157,000

$1,157,000

University System of Georgia, Board of Regents 362.606 BOND: Georgia Institute of Technology: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Engineered Biosystems
Building. From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$1,157,000

$1,157,000

$1,157,000

University System of Georgia, Board of Regents 362.607 BOND: University of Georgia: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Veterinary Medical Learning Center.
From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$1,157,000

$1,157,000

$1,157,000

University System of Georgia, Board of Regents 362.608 BOND: Valdosta State University: $3,800,000 in principal for 5 years at 5%: Purchase equipment for the new Health Science Building.
From State General Funds, $879,320 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$879,320

$879,320

$879,320

University System of Georgia, Board of Regents 362.609 BOND: Georgia State University: $58,800,000 in principal for 20 years at 5.5%: Construct the Humanities - Law Building.
From State General Funds, $4,927,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of

3486

JOURNAL OF THE HOUSE

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $58,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$4,927,440

$4,927,440

$4,927,440

University System of Georgia, Board of Regents 362.610 BOND: Georgia Southern University: $10,000,000 in principal for 20 years at 5.5%: Design, construct and purchase equipment for the Health
Services and Counseling Center. From State General Funds, $838,000 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 240 months.

State General Funds

$838,000

$838,000

$838,000

University System of Georgia, Board of Regents 362.611 BOND: Georgia Regents University: $45,000,000 in principal for 20 years at 6%: Construct the Cancer Research Building.
From State General Funds, $3,924,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $45,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,924,000

$3,924,000

$3,924,000

University System of Georgia, Board of Regents 362.612 BOND: Middle Georgia State College: $10,000,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for a Military
and Veterans Academic and Training Center. From State General Funds, $838,000 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 240 months.

State General Funds

$838,000

$838,000

$838,000

University System of Georgia, Board of Regents 362.613 BOND: Georgia Research Alliance: $12,500,000 in principal for 5 years at 5%: Purchase equipment and fund research and development
infrastructure. From State General Funds, $2,892,500 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

FRIDAY, MARCH 22, 2013

3487

useful in connection therewith, through the issuance of not more than $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$2,892,500

$2,892,500

$2,892,500

University System of Georgia, Board of Regents 362.614 BOND: Georgia Public Telecommunications Commission: $3,760,000 in principal for 5 years at 5%: Fund facility repairs and equipment.
From State General Funds, $870,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$870,064

$870,064

$870,064

University System of Georgia, Board of Regents 362.615 BOND: University of Georgia: $2,600,000 in principal for 20 years at 5.5%: Fund renovations of the Fine Arts Building.
From State General Funds, $217,880 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$108,940

$217,880

University System of Georgia, Board of Regents 362.616 BOND: Kennesaw State University: $4,400,000 in principal for 20 years at 5.5%: Fund renovations of the Sturgis Library.
From State General Funds, $368,720 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$368,720

$368,720

University System of Georgia, Board of Regents 362.617 BOND: Abraham Baldwin Agricultural College: $4,300,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for the
Lab Sciences Building. From State General Funds, $360,340 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$180,170

$360,340

3488

JOURNAL OF THE HOUSE

University System of Georgia, Board of Regents 362.618 BOND: University of North Georgia: $1,000,000 in principal for 20 years at 5.5%: Fund renovations for the science building, Gainesville
Campus. From State General Funds, $83,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$83,800

$83,800

University System of Georgia, Board of Regents 362.619 BOND: Bainbridge College: $3,000,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for the classroom-lab
building. From State General Funds, $251,400 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$251,400

$251,400

University System of Georgia, Board of Regents 362.620 BOND: College of Coastal Georgia: $2,000,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Commons South.
From State General Funds, $167,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$167,600

$167,600

University System of Georgia, Board of Regents 362.621 BOND: Southern Polytechnic State University: $2,500,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Building D
(Math). From State General Funds, $209,500 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$209,500

$209,500

FRIDAY, MARCH 22, 2013

3489

University System of Georgia, Board of Regents 362.622 BOND: Georgia Institute of Technology: $1,875,000 in principal for 20 years at 5.5%: Fund renovations of the Lloyd W. Chapin Building.
From State General Funds, $157,125 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$157,125

$157,125

University System of Georgia, Board of Regents 362.623 BOND: Dalton State College: $4,600,000 in principal for 20 years at 5.5%: Fund renovations of the Health Sciences Building.
From State General Funds, $385,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$192,740

$385,480

University System of Georgia, Board of Regents 362.624 BOND: University of Georgia: $4,700,000 in principal for 20 years at 5.5%: Fund renovations of the Tift Building, Tifton Campus.
From State General Funds, $393,860 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$196,930

$393,860

University System of Georgia, Board of Regents 362.625 BOND: Regents: $4,000,000 in principal for 20 years at 5.5%: Fund major improvements and renovations at Cooperative Extension and
Agricultural Experiment Station facilities, statewide. From State General Funds, $335,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$335,200

$335,200

University System of Georgia, Board of Regents 362.626 BOND: Regents: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the Agricultural Experiment Station, statewide.
From State General Funds, $231,400 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

3490

JOURNAL OF THE HOUSE

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$231,400

$231,400

University System of Georgia, Board of Regents 362.627 BOND: Public Libraries: $3,995,000 in principal for 5 years at 5%: Fund minor repairs, renovations and purchase equipment statewide.
From State General Funds, $924,443 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 Public Libraries, for that library, through the issuance of not more than $3,995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$901,303

$924,443

University System of Georgia, Board of Regents 362.628 BOND: Rock Eagle 4-H Facility: $2,500,000 in principal for 20 years at 5.5%: Construct new cabins.
From State General Funds, $209,500 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$209,500

$209,500

University System of Georgia, Board of Regents 362.629 BOND: Armstrong Atlantic State University: $2,375,000 in principal for 20 years at 5.5%: Fund renovations at the Liberty Center.
From State General Funds, $199,025 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$199,025

University System of Georgia, Board of Regents 362.630 BOND: Valdosta State University: $1,250,000 in principal for 20 years at 5.5%: Fund renovations at Martin Hall.
From State General Funds, $104,750 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$104,750

FRIDAY, MARCH 22, 2013

3491

University System of Georgia, Board of Regents 362.631 BOND: Columbus State University: $3,900,000 in principal for 20 years at 5.5%: Fund renovations at Howard Hall.
From State General Funds, $326,820 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$326,820

University System of Georgia, Board of Regents 362.632 BOND: Public Libraries: $1,600,000 in principal for 20 years at 5.5%: Fund renovations of the Perry Library, Houston County.
From State General Funds, $134,080 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 Public Libraries, for that library, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$134,080

University System of Georgia, Board of Regents 362.633 BOND: Public Libraries: $2,000,000 in principal for 20 years at 5.5%: Construct an expansion of the Jefferson Branch/Regional Office in
Jackson County of the Piedmont Regional Library System. From State General Funds, $167,600 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Public Libraries, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$167,600

University System of Georgia, Board of Regents 362.634 BOND: Public Libraries: $900,000 in principal for 20 years at 5.5%: Construct and fund renovations for the Hiawassee Branch of the Mountain
Regional Library System. From State General Funds, $75,420 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 Public Libraries, for that library, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$75,420

University System of Georgia, Board of Regents 362.635 BOND: Middle Georgia State College: $3,800,000 in principal for 20 years at 5.5%: Fund renovations of Haynes Hall, Cochran Campus.
From State General Funds, $318,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$318,440

3492

JOURNAL OF THE HOUSE

University System of Georgia, Board of Regents 362.636 BOND: Georgia Gwinnett College: $4,000,000 in principal for 20 years at 5.5%: Fund renovations of additional space.
From State General Funds, $335,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$335,200

University System of Georgia, Board of Regents 362.637 BOND: University of West Georgia: $3,500,000 in principal for 20 years at 5.5%: Fund renovations of Murphy Field House.
From State General Funds, $293,300 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$293,300

University System of Georgia, Board of Regents 362.638 BOND: Clayton State University: $16,505,000 in principal for 20 years at 5.5%: Construct a new science building. (S:Construct a new science
building and utilize $395,000 in sold but unused bonds for this project) From State General Funds, $1,383,119 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,383,119

University System of Georgia, Board of Regents 362.639 BOND: Atlanta Metropolitan College: $3,800,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Sciences Building.
From State General Funds, $318,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$318,440

Technical College System of Georgia 362.651 BOND: Altamaha Technical College: $13,500,000 in principal for 20 years at 5.5%: Construct the Golden Isles campus.
From State General Funds, $1,131,300 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,

FRIDAY, MARCH 22, 2013

3493

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,131,300

$1,131,300

$1,131,300

Technical College System of Georgia 362.652 BOND: North Georgia Technical College: $3,955,000 in principal for 20 years at 5.5%: Design and construct the science addition to the Health
Building. From State General Funds, $331,429 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 $3,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$331,429

$331,429

$331,429

Technical College System of Georgia 362.653 BOND: Oconee Fall Line Technical College: $5,500,000 in principal for 20 years at 5.5%: Fund renovations of the acquired school campus.
From State General Funds, $460,900 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$460,900

$460,900

$460,900

Technical College System of Georgia 362.654 BOND: Middle Georgia Technical College: $16,440,000 in principal for 20 years at 5.5%: Construct a new Health Services Center.
From State General Funds, $1,377,672 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 $16,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,377,672

$1,377,672

$1,377,672

Technical College System of Georgia 362.655 BOND: Technical College Multi-Projects: $7,000,000 in principal for 5 years at 5%: Replace obsolete equipment.
From State General Funds, $1,619,800 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$1,619,800

$1,619,800

$1,619,800

3494

JOURNAL OF THE HOUSE

Technical College System of Georgia 362.656 BOND: Technical College Multi-Projects: $12,000,000 in principal for 20 years at 5.5%: Fund major repairs and renovations statewide.
From State General Funds, $1,005,600 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$586,600

$1,005,600

$1,005,600

Technical College System of Georgia 362.657 BOND: Technical College Multi-Projects: $0 in principal for 5 years at 5%: Fund facility repair and sustainment statewide.

State General Funds

$1,157,000

$0

$0

Technical College System of Georgia 362.658 BOND: Wiregrass Georgia Technical College: $12,190,000 in principal for 20 years at 5.5%: Design and construct the Allied Health and Public
Safety Training Center, Coffee County Campus. From State General Funds, $1,021,522 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 $12,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$510,761

$1,021,522

Technical College System of Georgia 362.659 BOND: South Georgia Technical College: $3,485,000 in principal for 20 years at 5.5%: Fund renovations of the Transportation and Energy
Building. From State General Funds, $292,043 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 $3,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$292,043

$292,043

Technical College System of Georgia 362.660 BOND: Southeastern Technical College: $8,260,000 in principal for 20 years at 5.5%: Design and construct the Health Sciences Building,
Swainsboro Campus. From State General Funds, $692,188 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 $8,260,000 in principal amount of General Obligation Debt, the instruments of which

FRIDAY, MARCH 22, 2013

3495

shall have maturities not in excess of 240 months. State General Funds

$188,550

$692,188

Technical College System of Georgia 362.661 BOND: Lanier Technical College: $2,500,000 in principal for 5 years at 5%: Purchase equipment for the new classroom building, Barrow
Campus. From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$578,500

$578,500

Technical College System of Georgia 362.662 BOND: Technical College Multi-Projects: $9,000,000 in principal for 20 years at 5.5%: Fund construction, renovation or equipment for College
and Career Academies. From State General Funds, $754,200 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$754,200

Technical College System of Georgia 362.663 BOND: Altamaha Technical College: $500,000 in principal for 5 years at 5%: Fund design of a new academic building, Camden County
Campus. From State General Funds, $115,700 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$115,700

Forestry Commission, State 362.701 BOND: Forestry Equipment: $3,830,000 in principal for 10 years at 5.25%: Replace firefighting equipment statewide.
From State General Funds, $502,496 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months.

State General Funds

$502,496

$502,496

$502,496

3496

JOURNAL OF THE HOUSE

Forestry Commission, State 362.702 BOND: Forestry Buildings: $1,000,000 in principal for 20 years at 5.5%: Fund major facility improvements and renovations statewide.
From State General Funds, $83,800 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$83,800

$83,800

$83,800

Natural Resources, Department of 362.711 BOND: DNR multi-projects: $300,000 in principal for 5 years at 5%: Replace 13 law enforcement, administrative, and maintenance vehicles
statewide. From State General Funds, $69,420 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$69,420

$69,420

$69,420

Natural Resources, Department of 362.712 BOND: DNR multi-projects: $800,000 in principal for 5 years at 5%: Fund facility repair and sustainment statewide.
From State General Funds, $185,120 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$185,120

$185,120

$185,120

Natural Resources, Department of 362.713 BOND: DNR multi-projects: $6,570,000 in principal for 20 years at 5.5%: Fund facility improvements and renovations statewide.
From State General Funds, $550,566 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$550,566

$550,566

$550,566

Natural Resources, Department of 362.714 BOND: DNR multi-projects: $11,460,000 in principal for 20 years at 5.5%: Fund land acquisition for wildlife management areas and parks and
match federal funds. From State General Funds, $960,348 is specifically appropriated for the purpose of financing projects and facilities for the Department of

FRIDAY, MARCH 22, 2013

3497

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 $11,460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$960,348

$960,348

$960,348

Natural Resources, Department of 362.715 BOND: DNR State Parks: $370,000 in principal for 20 years at 5.5%: Fund miscellaneous new construction at state parks statewide.
From State General Funds, $31,006 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 $370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$31,006

$31,006

$31,006

Natural Resources, Department of 362.716 BOND: DNR multi-projects: $7,000,000 in principal for 20 years at 6%: Fund land acquisition for historic preservation statewide.
From State General Funds, $610,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$610,400

$610,400

$610,400

Soil and Water Conservation Commission 362.717 BOND: Soil & Water Conservation Watershed: $1,500,000 in principal for 20 years at 5.5%: Rehabilitate flood control structures.
From State General Funds, $125,700 is specifically appropriated for the purpose of financing projects and facilities for the Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$125,700

$125,700

Agriculture, Department of 362.741 BOND: State Farmers' Markets: $1,000,000 in principal for 20 years at 6%: Fund major repairs and renovations at state farmers' markets
statewide. From State General Funds, $87,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

3498

JOURNAL OF THE HOUSE

State General Funds

$87,200

$87,200

$87,200

Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows:
Education, Department of 397.301 BOND: K - 12 Schools: $100,720,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,145,375 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $100,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.301] From State General Funds, $8,716,800 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 $96,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and amended by Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (2013 Regular Session, H.B. 105, enacted by the General Assembly and pending signature by the Governor), and which as amended reads as follows:
[Bond 397.302] From State General Funds, $9,309,724 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 $102,530,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.302] From State General Funds, $9,170,800 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 $101,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316-317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No.

FRIDAY, MARCH 22, 2013

3499

352, 2010 Regular Session, H.B. 947), and amended by Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (2013 Regular Session, H.B. 105, enacted by the General Assembly and pending signature by the Governor), and which as amended reads as follows:
[Bond 397.303] From State General Funds, $7,097,382 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,165,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
is hereby amended to read as follows:
[Bond 397.303] From State General Funds, $6,810,000 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 $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Section 52: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law.
Section 53: 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 54: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for the fund source categories, "Total State Funds" and "Total Federal Funds," under a caption beginning with a program or special project number that has a 100 or a higher number after the decimal and a program or special project name. In each case, such appropriation is associated with the immediately preceding program or special project name, number, and statement of program or special project purpose. The program or special project purpose is stated immediately below the program or special project name. For authorizations for general obligation debt in Section 50, the indented, bold-faced paragraphs following each Bond number are the lowest level of detail and constitute appropriations in accordance with Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution. The caption above the Bond number, the light-faced text immediately following the Bond number before the bold-faced text, and the light-faced after the bold-faced text are information only.
Similarly, text in a group of lines that has a number less than 100 after the decimal (01 through 99) is not part of a statement of purpose but constitutes information as to how the appropriation was derived. Amounts in the columns other than the right-most column are for informational purposes only. The summary and lowest level of detail for the fund source categories "Total Agency Funds" and "Total Intra-State Governmental Transfers," are for

3500

JOURNAL OF THE HOUSE

informational purposes only. The blocks of text and numerals immediately following the section header and beginning with the phrases, "Section Total - Continuation" and "Section Totals - Final" are for informational purposes only. Sections 51, 52, and 53 contain, constitute, or amend appropriations.
Section 55: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit.
In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation Intra-State Government Transfers. This paragraph 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 10 percent (10%) 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: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Part III: Repeal Conflicting Laws All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, MARCH 22, 2013

3501

Representative England of the 116th moved that the House disagree to the Senate substitute to HB 106.

The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 100. By Senators Wilkinson of the 50th, Tippins of the 37th, Sims of the 12th and Miller of the 49th:

A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to reestablish the Career and Technical Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J
Pruett Y Quick Y Ramsey Y Randall

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites

3502

JOURNAL OF THE HOUSE

Y Caldwell, J N Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman Y Cooke

Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley E Greene N Gregory

Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Williams, A Y Williams, C Y Williams, E E Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 156, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for former members of the General Assembly under certain circumstances; to clarify the provision of special license plates for veterans; to modify provisions relating to a special license plate for the AIDS Survival Project and designate the special license plate funds for AID Atlanta; to modify provisions relating to a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to add a special license plate supporting the Atlanta Braves Foundation and the foundation's philanthropic activities and charitable sponsorships; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 22, 2013

3503

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by revising Code Section 40-2-62, relating to special license plates for members of the General Assembly, as follows:
"40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly and former members of the General Assembly who have eight or more years of service with the General Assembly to the local tag agent in the counties wherein such members or former members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80."
SECTION 2. Said article is further amended by revising Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows:
"40-2-85.1. (a) For purposes of this Code section, the term:
(1) 'Military medal award' means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military:
(A) Medal of Honor; (B) Bronze Star Medal; (C) Silver Star Medal; (D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal;

3504

JOURNAL OF THE HOUSE

(J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal; (M) Defense Superior Service Medal; (N) Legion of Merit; (O) Distinguished Flying Cross; (P) Purple Heart; and (Q) Air Medal. (2) 'Served during active military combat' means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom. (3) 'Veteran' means a former member of the armed forces of the United States who is discharged from the armed forces under conditions other than dishonorable. (b)(1) Motor vehicle and trailer owners who are retired veterans of the armed forces of the United States, or who have received a military medal award, or persons who served during active military combat shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Eligibility to receive a special and distinctive vehicle license plate for persons who are no longer serving in the United States military shall be conditioned on such person having been discharged from military service under honorable conditions. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2)(A) Motor vehicle and trailer owners who retired from active duty with the armed forces of the United States are veterans or have received a military medal award or served during active military combat shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veteran's license plate, military medal award recipient license plate, or commemorative service license plate for service during active military combat. One such license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each member or former member of the armed forces listed in subsection (b) of this Code section shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (c) The commissioner shall design a retired veteran's license plate, a military medal award recipient license plate, and a license plate to commemorate service with the

FRIDAY, MARCH 22, 2013

3505

United States armed forces during active military combat. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, trucks, and trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (e) of this Code section, such plates shall be nontransferable. (d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, trucks, and trailers used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States, or recipients of a military medal award, or persons who served during active military combat and shall additionally, for such plates manufactured after July 1, 2001, identify distinctly the owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard. (e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States or of a deceased person who received a military medal award or who served during active military combat shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. (f) Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 3. Said article is further amended by revising paragraph (24) of subsection (l) of Code Section 40-2-86, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, and by adding two new paragraphs to read as follows:
"(24) A special license plate for the AIDS Survival Project AID Atlanta. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project AID Atlanta which is committed to providing people living with HIV the information and support they need to live healthy and productive lives."

3506

JOURNAL OF THE HOUSE

"(49) A special license plate supporting the Appalachian Trail. The funds raised by the sale of this special license plate shall be disbursed to the Appalachian Trail Conservancy and used to protect, maintain, and conserve the Georgia portion of the Appalachian Trail and connecting trails, and to promote awareness of wilderness, hiking, and back country recreation. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'www.appalachiantrail.org'. (50) A special license plate supporting the Atlanta Braves Foundation. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Atlanta Braves Foundation and used in the foundation's philanthropic activities and charitable sponsorships. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Go Braves.'"

SECTION 4. This Act shall become effective on July 1, 2013.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Jones of the 47th offers the following amendment:

Amend the House Committee on Motor Vehicles substitute to SB 121 (LC 35 3020S) by substituting the following for lines 3 and 4: clarify the provision of special license plates for veterans; to modify

By deleting lines 14 through 36.

By renumbering Sections 3 through 5 as Sections 2 through 4, 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:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett

Y McCall Y Meadows Y Mitchell Y Morgan
Morris

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R

FRIDAY, MARCH 22, 2013

3507

E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley E Greene N Gregory

Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 86. By Senator Stone of the 23rd:

A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; 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:

3508

JOURNAL OF THE HOUSE

A BILL TO BE ENTITLED AN ACT
To amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to provide for definitions; to change provisions relating to arrests without warrants involving certain family violence orders; to change provisions relating to bail for persons charged with violating certain family violence orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by revising Code Section 16-5-95, relating to the offense of violating a family violence order, as follows:
"16-5-95. (a) As used in this Code section, the term:
(1) 'Civil family violence order' means any temporary protective order or permanent protective order issued pursuant to Article 1 of Chapter 13 of Title 19. (2) 'Criminal family violence order' means:
(A) Any order of pretrial release issued as a result of an arrest for an act of family violence; or (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence. (3) 'Family violence' shall have the same meaning as set forth in Code Section 19-131. (a)(b) A person commits the offense of violating a civil family violence order or criminal family violence order when the such person knowingly and in a nonviolent manner violates the terms of a family violence temporary restraining order, temporary protective order, permanent restraining order, or permanent protective such order issued against that person pursuant to Article 1 of Chapter 13 of Title 19, which: (1) Excludes, evicts, or excludes and evicts the person from a residence or household; (2) Directs the person to stay away from a residence, workplace, or school; (3) Restrains the person from approaching within a specified distance of another person; or (4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in the such order. (b)(c) Any person convicted of a violation of subsection (a) (b) of this Code section shall be guilty of a misdemeanor.

FRIDAY, MARCH 22, 2013

3509

(c)(d) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct."
SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-4-20, relating to authorization of arrests with and without warrants, as follows:
"(a) An arrest for a crime may be made by a law enforcement officer: (1) Under either under a warrant; or (2) Without without a warrant if: (A) The the offense is committed in such officer's presence or within such officer's immediate knowledge; (B) The if the offender is endeavoring to escape; (C) The if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; (D) The officer has probable cause to believe that the offender has violated a criminal family violence order, as defined in Code Section 16-5-95; provided, however, that such officer shall not have any prior or current familial relationship with the alleged victim or the offender; (E) The if the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or (F) For for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant."
SECTION 3. Said title is further amended by revising subparagraph (b)(2)(B) of Code Section 17-6-1, relating to where offenses are bailable, as follows:
"(B) When an arrest is made by a law enforcement officer without a warrant upon an act of family violence or a violation of a criminal family violence order pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

3510

JOURNAL OF THE HOUSE

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler
Channell N Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman Y Cooke

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan N Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley E Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge N Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch N Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 10.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, MARCH 22, 2013

3511

HR 552. By Representatives Chandler of the 105th, Coleman of the 97th, Casas of the 107th, Pak of the 108th, Hill of the 22nd and others:

A RESOLUTION requesting the implementation of comprehensive school counseling programs for Georgia students; 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly
Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick
Gordon Y Gravley E Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 159, nays 1.

3512

JOURNAL OF THE HOUSE

The Resolution, having received the requisite constitutional majority, was adopted.

SB 70.

By Senators Gooch of the 51st, Hill of the 32nd, Beach of the 21st, Mullis of the 53rd, Chance of the 16th and others:

A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract generally, so as to change the type of projects eligible for design-build contracts and the procurement process for such 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.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick
Kidd Y Kirby Y Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M.
Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E E Williamson

FRIDAY, MARCH 22, 2013

3513

Y Coleman Y Cooke

E Greene N Gregory

Y Maxwell Y Mayo

Y Sheldon Y Sims, B

Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 157, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

SB 105. By Senators Davis of the 22nd and Bethel of the 54th:

A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," so as to provide for a definition; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer when the charitable organization receives such contribution in good faith; 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 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," so as to provide for a definition; to clarify provisions relating to transfers to charitable organizations; to provide for a statute of limitations; to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to revise the debtor's exemption for motor vehicles in a bankruptcy; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," is amended by adding a new Code section to read as follows:
"18-2-81. (a) As used in this Code section, the term:
(1) 'Charitable organization' means an organization which has qualified as tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.

3514

JOURNAL OF THE HOUSE

(2) 'Private foundation' shall have the same meaning as set forth in 26 U.S.C. Section 509(a). (b) A transfer made to a charitable organization shall be considered complete unless it is established that a fraudulent transfer has occurred as described in Code Section 18-274 or 18-2-75, and such charitable organization had knowledge of the fraudulent nature of the transfer. (c) The statute of limitations for a civil action with respect to a transfer to a charitable organization under this Code section shall be within two years after such transfer was made."

SECTION 2. Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, is amended by revising paragraph (3) of subsection (a) as follows:
"(3) The debtor's interest, not to exceed the total of $3,500.00 $5,000.00 in value, in all motor vehicles;"

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S

Y McCall Y Meadows Y Mitchell Y Morgan E Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner

FRIDAY, MARCH 22, 2013

3515

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley E Greene Y Gregory

Y Jordan Y Kaiser E Kelley Y Kendrick Y Kidd Y Kirby
Knight Y Lindsey E Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Waites Y Watson, B Y Watson, S Y Welch N Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E E Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd, Orrock of the 36th and Stone of the 23rd:

A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Stephens of the 164th offers the following amendment:

Amend SB 134 by inserting after the semicolon on line 2 "to provide an effective date;"

By inserting between lines 11 and 12 the following: SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

By renumbering Section 2 as Section 3.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

3516

JOURNAL OF THE HOUSE

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood E Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley E Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter E Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo E Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J E Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley E Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson N Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser E Kelley Y Kendrick
Kidd Y Kirby Y Knight Y Lindsey E Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick E Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Sims, C Y Smith, E Y Smith, L E Smith, M E Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E E Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 1.

The Bill, having received the requisite constitutional majority, was passed, as amended.

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 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:

FRIDAY, MARCH 22, 2013

3517

A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014.
Representative England of the 116th moved that the House insist on its position in disagreeing to the Senate substitute to HB 106 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives England of the 116th, Jones of the 47th and O`Neal of the 146th.
By unanimous consent, the following Bills of the Senate were postponed until the next legislative day:
SB 65. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to require a licensed professional counselor to secure certification to perform certain acts from the Department of Behavioral Health and Developmental Disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business

3518

JOURNAL OF THE HOUSE

enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 155. By Senators Gooch of the 51st, Cowsert of the 46th, Ginn of the 47th, Murphy of the 27th, Wilkinson of the 50th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change the membership of the Georgia Higher Education Assistance Corporation to accommodate the Fourteenth Congressional District; to change the membership of the Georgia Student Finance Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 224. By Senators Golden of the 8th, Shafer of the 48th and Chance of the 16th:
A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to provide for conditions, procedures, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 25, 2013, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, March 25, 2013.

MONDAY, MARCH 25, 2013

3519

Representative Hall, Atlanta, Georgia

Monday, March 25, 2013

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 Alexander Allison Anderson Atwood Ballinger Barr Battles E Beasley-Teague Bennett E Bentley E Benton Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Chandler Channell Chapman Cheokas Clark, J Clark, V Coleman

Cooke Coomer Cooper E Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas Drenner Dudgeon E Dukes E Dunahoo Duncan Ehrhart England E Epps, C Epps, J E Evans Fleming Fludd Frye Gardner Gasaway Geisinger Glanton Golick Gordon Gravley Greene Gregory

Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hill Hitchens Holcomb Holmes Holt Houston Hugley Jackson Jasperse Jones, J Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden E Mabra Marin Martin Maxwell Mayo

McCall Meadows Mitchell E Morris E Murphy Neal Nimmer Nix O'Neal Parrish Parsons E Peake Pezold Powell, J Pruett Quick Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott E Setzler Sharper Shaw Sheldon Sims, B E Sims, C

Smith, E Smith, L E Smith, M Smith, R Spencer Stephens, M Stephens, R Stovall Stover Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Weldon Wilkinson Willard Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Bell of the 58th, Beverly of the 143rd, Casas of the 107th, Dollar of the 45th, Floyd of the 99th, Frazier of the 126th, Fullerton of the 153rd, Howard of the 124th, Jordan of the 77th, Morgan of the 39th, Mosby of the 83rd, Oliver of the 82nd, Pak of the 108th, Powell of the 32nd, Smyre of the 135th, and Stephenson of the 90th.

3520

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Prayer was offered by Pastor Lawrence A. Reeves, Jr., Trinity Fellowship Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 656. By Representatives Atwood of the 179th, Stephens of the 164th, Taylor of the 79th, Williamson of the 115th, Welch of the 110th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to establish liability for damages caused by pouring gasoline onto a fire; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

MONDAY, MARCH 25, 2013

3521

HB 657. By Representatives Kidd of the 145th, Kirby of the 114th, Rogers of the 10th, Brockway of the 102nd, Fullerton of the 153rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to authorize the Public Service Commission to establish a rural community solar initiative and oversee and manage a responsible expansion of solar energy in this state; to provide for a short title; to provide for legislative findings and intent; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 658. By Representatives Pak of the 108th, Sheldon of the 104th, Harrell of the 106th, Hawkins of the 27th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal Chapter 12, relating to estate tax; to prohibit the levy or collection of estate taxes; to provide an effective date; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 659. By Representatives Pak of the 108th, Harrell of the 106th, Hawkins of the 27th, Taylor of the 79th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest by public officers or employees, so as to provide that no public funds shall be transferred by any public officer or employee to any individual or entity for use in promoting or opposing the approval of any issue presented to the voters in this state; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 660. By Representatives Pak of the 108th, Harrell of the 106th, Atwood of the 179th, Dollar of the 45th, Kelley of the 16th and others:

3522

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide definitions; to provide for the calculation of the costs of governmental affairs activities by counties and municipalities which taxpayers may elect not to pay; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 661. By Representative Bentley of the 139th:
A BILL to be entitled an Act to create a board of elections and registration for Taylor County and provide for its powers and duties; to provide for definitions; 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 automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 662. By Representatives Cheokas of the 138th, Stephens of the 164th and Martin of the 49th:
A BILL to be entitled an Act to establish the "Patient Injury Act"; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to create an alternative to medical malpractice litigation whereby patients are compensated for medical injuries; to provide for legislative intent; to provide for a short title; to establish the Patient Compensation System and the Patient Compensation Board; to provide for the filing of and disposition of applications; to provide administrative and judicial review; to provide for funding; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 663. By Representatives Henson of the 86th, Powell of the 32nd, Dollar of the 45th and Drenner of the 85th:
A BILL to be entitled an Act to amend Code Section 40-6-189 of the Official Code of Georgia Annotated, relating to classification as super speeder, fees, and funding for trauma care system, so as to provide for a notice to be given to persons cited for speeding violations which could result in them becoming

MONDAY, MARCH 25, 2013

3523

super speeders under the law; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety & Homeland Security.

HR 844. By Representatives Dawkins-Haigler of the 91st, Yates of the 73rd, Black of the 174th, Deffenbaugh of the 1st, Anderson of the 92nd and others:

A RESOLUTION requesting that the United States Congress allocate funding for the Dobbins Air Reserve Base Commissary and extend the operation of the Fort McPherson Commissary; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HR 845. By Representatives Dawkins-Haigler of the 91st, Brooks of the 55th, Anderson of the 92nd, Williams of the 168th, Smith of the 125th and others:

A RESOLUTION requesting that the United States Congress promote and strengthen mutually beneficial security ties with home based combatant commands as a method to reduce the overall costs of defense spending; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HR 846. By Representatives Drenner of the 85th, Thomas of the 100th, Holcomb of the 81st, Frye of the 118th, Oliver of the 82nd and others:

A RESOLUTION requesting that the Commissioner of Insurance require insurers to disclose climate related risks; and for other purposes.

Referred to the Committee on Insurance.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 654 HR 827 SB 253

HB 655 SB 250

Representative Benton of the 31st District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

Mr. Speaker:

3524

JOURNAL OF THE HOUSE

Your Committee on Human Relations and Aging has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 62 Do Pass, by Substitute

Respectfully submitted, /s/ Benton of the 31st
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 633 HB 653 SB 249

Do Pass Do Pass Do Pass

HB 640 Do Pass SB 238 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 MONDAY, MARCH 25, 2013

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

MONDAY, MARCH 25, 2013

3525

Modified Open Rule

HR 146 SB 216

Congress; enact the FairTax and express the State of Georgia's commitment to ratify the repeal of the 16th Amendment; request (W&M-Kirby-114th) Pharmacies; provide that medical director of an emergency service provider may contract with more than one pharmacy (Substitute) (H&HS-Powell-32nd) Carter-1st

Modified Structured Rule

SB 83 SB 156

Counties; support of paupers; provide for cremation as an alternative for deceased indigents (GAff-Tanner-9th) Gooch-51st Surface Mining; revise a definition (NR&E-McCall-33rd) Tolleson-20th

Pursuant to Rule 33.3, debate on SB 160 shall be limited to no longer than one hour. Time to be allocated at the discretion of the Speaker.

SB 160
SB 168 SB 225

Public Employers; provide annual report relative to compliance with certain laws; provide for certain report to Dept. of Audits and Accounts (Substitute)(JudyNC-Hightower-68th) Ginn-47th Public Contracts; contracting and bidding requirements (Substitute) (Judy-Hamilton-24th) Tippins-37th (AM 29 2174) Criminal Procedure; relieve a surety from liability under certain circumstances (Substitute)(JudyNC-Atwood-179th) Stone-23rd

Structured Rule

None

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Meadows of the 5th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 633. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Bruce of the 61st, Evans of the 42nd, Smith of the 41st and others:

3526

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to change the description of the wards; to provide 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 640. By Representative Dutton of the 157th:
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 28, 1985 (Ga. L. 1985, p. 4756), so as to change the description of the wards; to provide 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 653. By Representatives Cheokas of the 138th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3039), and by an Act approved March 26, 1980 (Ga. L. 1980, p. 4247), so as to change the compensation of the judge of such court; to change the provisions regarding the practice of law by such judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 238. By Senators Loudermilk of the 14th, Albers of the 56th and Beach of the 21st:

MONDAY, MARCH 25, 2013

3527

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615), as amended, so as to revise certain provisions relating to the powers and duties of the mayor; to add powers of the city council regarding city employees; 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 249. By Senators Beach of the 21st and Loudermilk of the 14th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide for the election of councilmembers from wards; to provide that such officers shall be elected by plurality vote of the electors of the city at large; 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.
By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 241. By Representatives Gardner of the 57th, Bell of the 58th, Kaiser of the 59th, Waites of the 60th, Abrams of the 89th and others:
A BILL to be entitled an Act to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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

3528

JOURNAL OF THE HOUSE

To amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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 to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), is amended by revising Section 2-103 as follows:
"SECTION 2-103. Elections; education districts.
(a) The Board of Education of the City of Atlanta which existed on December 31, 2012, is continued in existence. The board so continued shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the board who are serving as such on the effective date of this Act for election purposes in 2013 and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2013, and upon the election and qualification of their respective successors. (c) For purposes of electing members of the board of education, other than the three atlarge members, the City of Atlanta School District is divided into six education districts. One member of the board shall be elected from each such district. The six education districts shall be composed respectively of contiguous paired council districts of the city and shall be and correspond to those six numbered districts described in Appendix I and attached to and made a part of this Act and further identified as 'Plan Name: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina'. The three at-large positions shall be designated as Education Districts 7, 8, and 9, respectively.
(d)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and

MONDAY, MARCH 25, 2013

3529

(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 Atlanta School District which is not included in any district described in subsection (c) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of Atlanta School District which is described in subsection (c) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) In order to be elected as a member of the board from Education District 1, 2, 3, 4, 5, or 6, 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 education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall become vacant. (f) The member of the board who represents Education District 7 shall reside in Education District 1 or 2; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected atlarge by all the voters of the school district. The member of the board who represents Education District 8 shall reside in Education District 3 or 4; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected at-large by all the voters of the school district. The member of the board who represents Education District 9 shall reside in Education District 5 or 6; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected at-large by all the voters of the school district. (g) Successors to members of the board whose terms of office are to expire shall be elected at the time of the general municipal 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. (h) 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.'"

3530

JOURNAL OF THE HOUSE

SECTION 2. Said Act is further amended by striking the district plan contained in Appendix I of such Act and inserting in lieu thereof the plan attached to and made a part of this Act and further identified as 'Plan Name: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina'.
SECTION 3. The Board of Education of the City of Atlanta 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. For the purposes of conducting elections for successors to the present Board of Education of the City of Atlanta in 2013, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2014.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina
District 001 DeKalb County VTD: 089EE - EPWORTH (ATL) 020200: 1017 020300: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 020400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089LE - MARY LIN ELEM 020200: 2013 2014 020400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013

MONDAY, MARCH 25, 2013
Fulton County VTD: 12101A - 01A 005000: 1009 1010 1011 1012 1013 1014 1015 1022 1023 1024 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 005200: 3010 3011 3030 005300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 VTD: 12101B - 01B VTD: 12101C - 01C 006400: 1000 1001 1002 1013 1014 1016 1017 006700: 1000 1001 1002 1003 1004 1005 1016 1017 1018 1027 1028 1032 1033 1034 1035 1036 1037 1038 1039 007001: 3000 3001 007002: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 4000 4001 4002 4005 4006 4007 4008 4009 VTD: 12101D - 01D VTD: 12101E - 01E VTD: 12101F - 01F VTD: 12101G - 01G VTD: 12101J - 01J VTD: 12101P1 - 01P1 VTD: 12101P2 - 01P2 VTD: 12101R - 01R VTD: 12101S - 01S VTD: 12101T - 01T VTD: 12102B - 02B 001900: 1003 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2060 2061 002100: 1019 1020 011900:

3531

3532

JOURNAL OF THE HOUSE

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 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 2055 2079 2080 VTD: 12102C - 02C 001800: 1002 1003 1004 1005 2000 2001 3000 3001 3002 3003 3004 VTD: 12102D - 02D 001700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1022 1023 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 001800: 1000 1001 2002 2003 2004 2005 2006 002900: 1003 1004 VTD: 12102E - 02E VTD: 12102F1 - 02F1 VTD: 12102F2 - 02F2 VTD: 12102G - 02G VTD: 12102L1 - 02L1 VTD: 12102L2 - 02L2 VTD: 12102S - 02S 002800: 2000 2001 2003 2004 002900: 1009 1015 1016 1026 1028 1029 1032 1033 1034 1035 1036 011900: 1000 1001 1002 1003 1004 1005 1010 1011 1012 1013 1014 1022 1023 VTD: 12102W - 02W 000500: 1073 1074 1082 1083 VTD: 12105B - 05B 003500: 1014 1015 1016 1017 1018 1023 1025 1027 1028 1038 1041 004800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1021 1023 1024 1025 VTD: 12105C - 05C 011900: 2054 2056 2074 2075 2076 2077 2078 2081 2084 2085 2087

MONDAY, MARCH 25, 2013
VTD: 12106A - 06A VTD: 12106G - 06G 001300: 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 12106K - 06K
District 002 Fulton County VTD: 12102A - 02A VTD: 12102J - 02J VTD: 12102W - 02W 000500: 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 1075 1076 1077 1078 1080 000600: 1000 1013 1014 VTD: 12102X - 02X VTD: 12103A1 - 03A1 VTD: 12103A2 - 03A2 VTD: 12103B1 - 03B1 VTD: 12103B2 - 03B2 VTD: 12103C - 03C VTD: 12103D - 03D VTD: 12103E - 03E VTD: 12103F - 03F VTD: 12103G - 03G VTD: 12103H - 03H VTD: 12103L - 03L VTD: 12103M - 03M 000700: 1000 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 008800: 1065 1069 1070

3533

3534

JOURNAL OF THE HOUSE

008902: 3027 VTD: 12103N - 03N VTD: 12103P1 - 03P1 VTD: 12103P2 - 03P2 VTD: 12103S - 03S VTD: 12103T - 03T VTD: 12103U - 03U VTD: 12104A - 04A VTD: 12104B - 04B VTD: 12104D - 04D VTD: 12104G - 04G VTD: 12104K - 04K VTD: 12104L - 04L VTD: 12104M - 04M 006602: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 VTD: 12104S - 04S VTD: 12104T - 04T VTD: 12104V - 04V VTD: 12104W - 04W VTD: 12104X1 - 04X1 VTD: 12104X2 - 04X2
District 003 DeKalb County VTD: 089BB - BOULEVARD (ATL) VTD: 089BC - BRIAR VISTA ELEMENTARY 020100: 1015 VTD: 089BR - BURGESS ELEMENTARY VTD: 089CN - COAN MIDDLE VTD: 089EA - EAST LAKE ELEM VTD: 089EE - EPWORTH (ATL) 020200: 1013 1014 1015 1016 020300: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 022403:

MONDAY, MARCH 25, 2013
1033 VTD: 089JA - JOHNSON ESTATES VTD: 089LE - MARY LIN ELEM 020200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1018 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 020300: 1000 022401: 3013 VTD: 089MT - METROPOLITAN VTD: 089OK - OAKHURST (DEC) 020300: 3010 022403: 1031 VTD: 089WE - WHITEFOORD ELEMENTARY Fulton County VTD: 12101A - 01A 005200: 3038 VTD: 12102B - 02B 001900: 2040 2055 2056 011900: 2000 2023 2024 2026 VTD: 12102C - 02C 001800: 1006 1007 1010 1011 VTD: 12102D - 02D 001700: 1021 001800: 1012 1013 VTD: 12102S - 02S 001800: 1008 1009 002800: 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 2002 2005 2006 2007 2008 2009 2010

3535

3536

JOURNAL OF THE HOUSE

002900: 1007 1008 VTD: 12105A - 05A VTD: 12105B - 05B 003500: 1001 1009 1010 1011 1012 1013 1029 1030 VTD: 12105C - 05C 011900: 2057 2058 2059 2060 2061 2082 2083 VTD: 12105F - 05F VTD: 12106B - 06B VTD: 12106D - 06D VTD: 12106E - 06E VTD: 12106F - 06F VTD: 12106G - 06G 001300: 1001 1007 1008 1009 1010 1011 1012 1013 1014 VTD: 12106H - 06H VTD: 12106J - 06J VTD: 12106L - 06L VTD: 12106R - 06R VTD: 12106S - 06S VTD: 12107E - 07E 009200: 3015 009402: 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 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 12107K1 - 07K1 000500: 3000 3001 3014 009102: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2001 2002 2003 2004 2005 2006 3000 VTD: 12107K2 - 07K2
District 004 DeKalb County VTD: 089SE - SILVER LAKE 021102: 2012

MONDAY, MARCH 25, 2013
Fulton County VTD: 12107A - 07A VTD: 12107B - 07B VTD: 12107C - 07C VTD: 12107D - 07D VTD: 12107E - 07E 009404: 1000 1001 1002 1003 1004 1005 1006 1007 2013 2014 2015 2016 3000 3001 3002 3003 3004 3005 3006 VTD: 12107F - 07F VTD: 12107G - 07G VTD: 12107H - 07H VTD: 12107J - 07J VTD: 12107K1 - 07K1 009102: 2000 VTD: 12107M1 - 07M1 VTD: 12107M2 - 07M2 VTD: 12107N - 07N VTD: 12108A - 08A 009700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1025 009802: 1008 1009 1010 2002 2005 2007 2009 2011 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 010206: 1023 1024 1029 VTD: 12108B - 08B 009900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2000 2001 2002 2003 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 010206: 1022 010211: 1003 1004 1009 1010 1011 1013 1014 1015 1016 1017 2011 2012 2013 2014 2015 2016 2017 2018 2019 2028 2029 2030 2033 2034 VTD: 12108C - 08C VTD: 12108D - 08D VTD: 12108E - 08E VTD: 12108F - 08F

3537

3538

JOURNAL OF THE HOUSE

VTD: 12108G - 08G VTD: 12108H - 08H VTD: 12108J - 08J VTD: 12108K - 08K VTD: 12108L - 08L VTD: 12108M - 08M VTD: 12108N - 08N VTD: 12108P - 08P 008902: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 3000 3001 3002 3003 3004 3005 3006 3016 3017
District 005 Fulton County VTD: 12103M - 03M 008800: 1063 VTD: 12103R - 03R VTD: 12108P - 08P 008902: 3007 3008 3009 3010 3011 3012 3013 3014 3015 3018 3019 3020 3021 3026 4009 4010 4011 4012 4020 4021 4022 4023 4024 4025 4026 VTD: 12109A - 09A VTD: 12109B - 09B 008202: 3000 3001 3002 4000 4001 4007 008602: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2020 008700: 1028 VTD: 12109C - 09C VTD: 12109D - 09D VTD: 12109E - 09E VTD: 12109F - 09F VTD: 12109G - 09G VTD: 12109K - 09K VTD: 12109L - 09L 008602: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2014 2015 2016 2017 2018 2019

MONDAY, MARCH 25, 2013
008700: 1006 1007 1008 1009 1010 1013 1014 1015 1016 1017 1018 1019 1020 1027 1029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 12109M - 09M VTD: 12109N - 09N VTD: 12110A - 10A VTD: 12110C - 10C VTD: 12110D - 10D VTD: 12110E - 10E VTD: 12110F - 10F VTD: 12110G - 10G VTD: 12110H - 10H VTD: 12110J - 10J VTD: 12110L - 10L VTD: 12110M1 - 10M1 VTD: 12110M2 - 10M2 VTD: 12110P - 10P VTD: 12110R - 10R VTD: 12111A1 - 11A1 VTD: 12111A2 - 11A2 VTD: 12111A3 - 11A3 VTD: 12111B1 - 11B1 007900: 3021 3033 3034 3035 VTD: 12111H1 - 11H1
District 006 Fulton County VTD: 12101C - 01C 007001: 1000 VTD: 12104E - 04E VTD: 12104H - 04H VTD: 12104M - 04M 006602: 1017 1018 VTD: 12111B1 - 11B1 007704: 3001 3002 3003 3004 3007 007802: 1005 1007 1010 1012 1014 1015 1030 1031 1032 4000 4001 4002 4003

3539

3540

JOURNAL OF THE HOUSE

VTD: 12111B2 - 11B2 VTD: 12111C - 11C VTD: 12111E1 - 11E1 VTD: 12111E2 - 11E2 VTD: 12111E3 - 11E3 007706: 3041 3042 3043 3044 3045 3050 VTD: 12111E4 - 11E4 007706: 2022 2024 2025 VTD: 12111G - 11G VTD: 12111H2 - 11H2 VTD: 12111J - 11J VTD: 12111K - 11K VTD: 12111L - 11L VTD: 12111M - 11M VTD: 12111N - 11N VTD: 12111P - 11P VTD: 12111R - 11R VTD: 12112A - 12A VTD: 12112B - 12B VTD: 12112C - 12C VTD: 12112D - 12D 006601: 2028 007500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 3002 4000 4001 4002 4003 4004 4005 4006 4007 VTD: 12112E1 - 12E1 VTD: 12112E2 - 12E2 VTD: 12112F - 12F VTD: 12112G - 12G VTD: 12112H - 12H VTD: 12112J - 12J VTD: 12112L - 12L VTD: 12112M - 12M VTD: 12112S - 12S VTD: 12112T - 12T VTD: 121EP08A - EP08A 007706: 3046 3047 3048 VTD: 121HP01 - HP01

MONDAY, MARCH 25, 2013

3541

980000: 1023 VTD: 121SC30 - SC30 007802: 1008 1009 1013 1017 1033 1034
HB 553. By Representative Morris of the 156th:
A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; 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 repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, is amended by adding a new section to read as follows:
"SECTION 11A. (a) Pursuant to Code Section 36-5-22 of the O.C.G.A., there is created the office of county manager for Montgomery County, who shall have the powers and duties conferred as provided by this Act. The county manager shall be appointed by the board of commissioners and shall serve at the direction, supervision, and pleasure of the board of commissioners. Any person appointed as county manager shall possess such qualifications as determined by the board of commissioners and shall receive such compensation, expenses, and benefits as fixed by the board. Except as provided in this section, no member of the board shall be appointed county manager or acting county

3542

JOURNAL OF THE HOUSE

manager while serving a term of office. In the event of the death, removal, dismissal, or termination of the county manager and pending the selection of a replacement for the county manager, the chairperson of the board may, if approved in accordance with subsection (e) of this section, assume the powers and carry out the duties of the county manager. (b) The county manager shall have the following powers and duties, which shall be further detailed in a job description to be approved by the board consistent with this section:
(1) To be a nonvoting participant in all board meetings of the board of commissioners; (2) Except as to those powers specifically reserved and granted to the chairperson and the board of commissioners by this Act, to supervise, direct, and control the day-today activities and business operations of the county government; (3) To carry out, execute, and enforce the ordinances, policies, rules, and regulations of the board when such ordinances, policies, rules, and regulations become effective; and (4) To hire, supervise, and fire all employees under the jurisdiction of the board of commissioners, with the exception that the county manager shall recommend the hiring and firing of any department director to the board for an official action by the board. (c) Members of the board shall deal solely through the county manager in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the county manager. (d) The county manager may be removed by official action of the board of commissioners. (e) The board of commissioners may designate a qualified individual to act as temporary county manager in the extended absence of more than 30 days of the county manager or if the county manager is removed pursuant to this section."

SECTION 2. 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, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson

Y Coomer Y Cooper E Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

Y McCall Y Meadows Y Mitchell
Morgan

E Sims, C Y Smith, E Y Smith, L E Smith, M

MONDAY, MARCH 25, 2013

3543

Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett E Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas
Drenner Y Dudgeon E Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England E Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hatchett Y Hawkins E Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes
Holt Y Houston
Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden E Mabra Y Marin Y Martin Y Maxwell Y Mayo

E Morris Mosby
E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw
Sheldon Y Sims, B

Y Smith, R Smyre
Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S
Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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 0.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitutes.

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:

SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others:

3544

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 131. By Representatives Clark of the 101st, Coleman of the 97th, Kaiser of the 59th, Jones of the 47th, Taylor of the 173rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes.
HB 197. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Peake of the 141st, Black of the 174th and others:

MONDAY, MARCH 25, 2013

3545

A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for taxation of land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th, Dempsey of the 13th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 359. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, England of the 116th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 372. By Representatives Coomer of the 14th, Evans of the 42nd, Carter of the 175th, Nimmer of the 178th, Hatchett of the 150th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise eligibility for a HOPE grant at a technical college or university institution; to revise a provision relating to the submission of an annual request for funding for the Technical College System of Georgia; 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:

3546

JOURNAL OF THE HOUSE

HB 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others:
A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-953, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th:
A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Shafer of the 48th, and Chance of the 16th.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 175. By Representatives Hightower of the 68th, Powell of the 32nd and Fleming of the 121st:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties, so as to provide that certain covenants run with the land as a matter of public policy of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 194. By Representatives Powell of the 171st, Willard of the 51st, Lindsey of the 54th, Allison of the 8th and Jacobs of the 80th:

MONDAY, MARCH 25, 2013

3547

A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities and public transportation, so as to provide venue for actions against gas companies; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
HB 253. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 281. By Representatives Carson of the 46th, Parsons of the 44th, Cooper of the 43rd, Dollar of the 45th, Wilkerson of the 38th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4307), so as to provide for an annual report; to change the termination date; to repeal conflicting laws; and for other purposes.
HB 336. By Representatives Powell of the 171st, Meadows of the 5th, Smith of the 134th, Abrams of the 89th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil practice, so as to provide for certain pre-suit settlement offers and agreements as to tort claims arising out of use of motor vehicles; to repeal conflicting laws; and for other purposes.
HB 384. By Representatives Roberts of the 155th, England of the 116th, Houston of the 170th and Watson of the 172nd:
A BILL to be entitled an Act to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governing bodies and crossing streets under jurisdiction of the Department of Transportation, so as to modify provisions relating to a local governing authority designating public streets or portions thereof that are under its jurisdiction for the combined use of motorized carts and regular vehicular traffic; to provide for

3548

JOURNAL OF THE HOUSE

related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 402. By Representatives Stephens of the 164th and Spencer of the 180th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to revise various provisions relative to shore protection and coastal marshlands protection; to revise and add definitions; to establish authority and powers of the Department of Natural Resources; to revise provisions relating to permit activities and procedures; to repeal provisions relating to local shore assistance programs; to provide for marine contractor licenses; to repeal provisions relating to the leasing of state-owned marshland or water bottoms; to provide for applicability; to strike obsolete language and correct cross-references; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 442. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:
A BILL to be entitled an Act to provide for the administration of the budget of the State Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 447. By Representatives Hatchett of the 150th, Epps of the 144th and Pruett of the 149th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 450. By Representatives Ballinger of the 23rd, Hill of the 22nd, Caldwell of the 20th and Turner of the 21st:

MONDAY, MARCH 25, 2013

3549

A BILL to be entitled an Act to amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), 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 said technology fees may be put; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 452. By Representatives Jones of the 47th and Hill of the 22nd:
A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, so as to change the description of the election districts; to provide 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 467. By Representative Epps of the 144th:
A BILL to be entitled an Act to provide a new charter for the Town of Danville; to provide for related matters; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 472. By Representatives Meadows of the 5th and Jasperse of the 11th:
A BILL to be entitled an Act to authorize the governing authority of Gordon County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 476. By Representatives Williams of the 168th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

3550

JOURNAL OF THE HOUSE

HB 527. By Representatives Jones of the 47th and Hill of the 22nd:
A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 529. By Representative Harden of the 148th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cordele to increase the excise tax levied 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 573. By Representatives Dickson of the 6th, Broadrick of the 4th and Neal of the 2nd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Whitfield County; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A. shall not apply to the offer, sale, or issuance of the boards' 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 574. By Representatives Riley of the 50th, Martin of the 49th, Dudgeon of the 25th, Rice of the 95th and Willard of the 51st:
A BILL to be entitled an Act to amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to clarify the cap on changing the millage rate for ad valorem property taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 25, 2013

3551

HB 576. By Representative Harden of the 148th:
A BILL to be entitled an Act to create a board of elections and registration for Wilcox County and to provide for its powers and duties; to provide for definitions; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 578. By Representatives Harbin of the 122nd, Fleming of the 121st, Sims of the 123rd and McCall of the 33rd:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4471), as amended, so as to revise the time for vesting in such program; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Kirby of the 114th, Maxwell of the 17th, Braddock of the 19th, and Gravley of the 67th.
Pursuant to HR 764, the House recognized and commended the Norcross High School girls basketball team on their 2013 GHSA Class AAAAAA State Championship win and invited them to be recognized by the House of Representatives.
Pursuant to HR 765, the House congratulated the Norcross Blue Devils boys basketball team on their 2013 Class AAAAAA State Championship win and invited them to be recognized by the House of Representatives.
Pursuant to HR 720, the House congratulated the Johnson High School boys basketball team on their 2013 GHSA Class AAA State Championship win and invited them to be recognized by the House of Representatives.
Pursuant to HR 646, the House recognized and commended Mr. Ira Spradlin on the occasion of his retirement and invited him to appear before the House of Representatives.
Pursuant to HR 828, the House commended the Valdosta High School Quartet and invited them to be recognized by the House of Representatives.

3552

JOURNAL OF THE HOUSE

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 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; 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 Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in certain areas, so as to authorize the commissioner of economic development to designate areas as impoverished areas; 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 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, is amended by revising subsection (c) as follows:
"(c) The commissioner of community affairs, and the commissioner of economic development in areas qualifying under the provisions of paragraphs (1), (3), and (4) of this subsection, also shall be authorized to include in the designation provided for in subsection (b) of this Code section:
(1) Any area comprised composed of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs and the commissioner of economic development, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; (2) Any area comprised composed of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised composed of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs and the commissioner of

MONDAY, MARCH 25, 2013

3553

economic development, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buyouts, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs and the commissioner of economic development, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 15 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36 or where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36 and which, in the opinion of the commissioner of community affairs and the commissioner of economic development, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all applications for designation under subsection (c) of Code Section 48-7-40.1 filed on or after July 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett E Bentley Y Benton

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson
Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt

Y McCall Y Meadows Y Mitchell
Morgan E Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland

3554

JOURNAL OF THE HOUSE

Y Beverly Y Black Y Braddock Y Broadrick
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Fleming Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden
Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish Y Parsons E Peake Y Pezold
Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 225. By Senators Stone of the 23rd and Shafer of the 48th:

A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; 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

MONDAY, MARCH 25, 2013

3555

To amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, is amended by revising Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear and remission of forfeiture, as follows:
"17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written statement of a licensed physician that the principal on the bond was prevented from attending by some court due to a mental or physical disability or the principal on the bond was receiving inpatient treatment as involuntary treatment, as such terms are defined in Code Section 37-3-1. (b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon the presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case, along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed on the principal. Should there be a failure to place a detainer or hold within 15 days, excluding Saturdays, Sundays, and legal holidays ten business days of the surety's service of a detainer or hold request, and after such presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court. (c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that prior to the entry of the judgment on the forfeiture the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's

3556

JOURNAL OF THE HOUSE

detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed against the principal. Should there be a failure to place a detainer or hold within 15 days, excluding Saturdays, Sundays, and legal holidays ten business days of the surety's service of a detainer or hold request, and after presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court. (c.1) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was deported by federal authorities. An official written notice of such deportation from a federal official shall be considered proof of the principal's deportation. (d) In cases in which paragraph (3) of this subsection (e) of this Code section is not applicable, on application filed within 120 days from the payment of judgment, the court shall order remission under the following conditions:
(1) Provided the bond amount has been paid within 120 days after judgment and the delay has not prevented prosecution of the principal and upon application to the court with prior notice to the prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety caused the adjudication of the principal in the jurisdiction in which the bond was made principal is produced or otherwise appears before the court that has jurisdiction of the bond within such 120 day period. Should the surety, within two years of the principal's failure to appear, locate the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, or produce the principal, if the apprehension or surrender of the principal is substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made, the surety shall be entitled to a refund of 50 percent of the bond amount. The application for 50 percent remission shall be filed no later than 30 days following the expiration of the two-year period following the date of judgment; or (2) Remission shall be granted upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; or.

MONDAY, MARCH 25, 2013

3557

(3)(e)(1) If, within 120 days after from payment of the judgment, the surety surrenders the principal to the sheriff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or the surety locates the principal in custody in another jurisdiction, the surety shall only be required to pay costs and 5 percent of the face amount of the bond, which amount includes all surcharges. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or that said surrender has been made and that 5 percent of the face amount of the bond and all costs have been tendered to the sheriff, the court shall direct that the judgment be marked satisfied and that the writ of execution, fi. fa., fieri facias be canceled.
(2)(A) The court shall direct that the judgment be marked satisfied and that the writ of fieri facias be canceled, if within 120 days from payment of the judgment, the surety:
(i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs to the sheriff; and (ii) Provides, in writing, the court and the prosecuting attorney for the court that has jurisdiction of the bond with competent evidence giving probable cause to believe that the principal is located in another jurisdiction within the United States and states that it will provide for the reasonable remuneration for the rendition of the principal, as estimated by the sheriff; and (B) The prosecuting attorney for the court that has jurisdiction of the bond: (i) Declines, in writing, to authorize or facilitate extradition; or (ii) Within ten business days of the notice provided pursuant to division (2)(A)(ii) of this subsection, fails to enter the appropriate extradition approval code into the computerized files maintained by the Federal Bureau of Investigation National Crime Information Center thereby indicating an unwillingness to extradite the principal."

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett

Y McCall Y Meadows Y Mitchell Y Morgan E Morris

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R

3558

JOURNAL OF THE HOUSE

Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dickerson Y Dickey
Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton
Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott E Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E 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.

HR 146. By Representatives Kirby of the 114th, Dunahoo of the 30th, Hawkins of the 27th, Rogers of the 10th, Watson of the 172nd and others:

A RESOLUTION requesting that Congress enact the FairTax and expressing the State of Georgia's commitment to ratify the repeal of the 16th Amendment and to conform the existing state tax code accordingly; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

MONDAY, MARCH 25, 2013

3559

Requesting that Congress enact the FairTax and expressing the State of Georgia's commitment to ratify the repeal of the 16th Amendment and to conform the existing state tax code accordingly; and for other purposes.
WHEREAS, the FairTax was introduced in the United States House of Representatives and Senate and is the most widely supported fundamental tax reform proposal in Congress; and
WHEREAS, the FairTax replaces all federal corporate and personal taxes with a single, progressive 23 percent consumption tax on new goods and services and allows Georgians to keep a higher percentage of every paycheck, as well as repeals the 16th Amendment; and
WHEREAS, it is designed to be revenue neutral and will not reduce federal revenue, only make its collection simple, fair, and transparent; and
WHEREAS, the FairTax would eliminate all hidden and embedded costs in the retail prices of goods and services and would save Americans hundreds of billions of dollars in annual compliance costs; and
WHEREAS, Social Security and Medicare are currently underfunded by the existing payroll tax system, and by replacing this unsustainable structure with two dedicated and stable FairTax revenue streams, the programs would be fiscally sound for generations to come; and
WHEREAS, the FairTax would provide every American household with a monthly prebate equal to the consumption tax spent on purchases up to the federal poverty level so that Georgians can purchase the basic necessities of life tax-free; and
WHEREAS, the FairTax would instantly make businesses more competitive, allow trillions of dollars in private investment to grow the economy, and create thousands of jobs during a time of severe economic hardship for millions of Americans.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body join in requesting that Congress adopt the FairTax and repeal the 16th Amendment, committing to promptly ratifying the repeal of the 16th Amendment, and conforming Georgia's current tax code accordingly.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Georgia congressional delegation.

3560

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett E Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson Y Dollar N Douglas N Drenner Y Dudgeon
Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming
Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson
Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S
Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

N Sims, C N Smith, E Y Smith, L E Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T E Teasley N Thomas, A.M. N Thomas, B Y Turner
Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 111, nays 54.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

MONDAY, MARCH 25, 2013

3561

SB 216. By Senator Carter of the 1st:
A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to revise a provision relating to the use of remote order entry by hospital pharmacies; to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising subparagraph (c)(7)(B) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, as follows:
"(B) The rules established pursuant to subparagraph (A) of this paragraph shall specifically authorize hospital pharmacies to use remote order entry when:
(i) The licensed pharmacist is not physically present in the hospital, the hospital pharmacy is closed, and a licensed pharmacist will be physically present in the hospital pharmacy within 16 24 hours; or (ii) When at At least one licensed pharmacist is physically present in the hospital pharmacy and at least one other licensed pharmacist is practicing pharmacy in the hospital but not physically present in the hospital pharmacy; or (iii) At least one licensed pharmacist is physically present in a hospital within this state which remotely serves only on weekends not more than four other hospitals under the same ownership or management which have an average daily census of less than 12 acute patients."

3562

JOURNAL OF THE HOUSE

SECTION 2. Said chapter is further amended by revising Code Section 26-4-116, relating to emergency service providers, contracts with issuing pharmacy, record keeping, and inspections, as follows:
"26-4-116. (a) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16 shall only be issued to the medical director of an emergency service provider from a pharmacy pharmacies licensed in this state only in accordance with the provisions of this Code section. (b) The medical director of an emergency service provider and the an issuing pharmacy must have a signed contract or agreement designating the issuing such pharmacy as the a provider of drugs and consultant services and a copy must be filed with the state board and the Department of Public Health prior to any drugs being issued. The medical director of an emergency service provider may only have one contractual relationship with one pharmacy per county serviced by such emergency service provider. (c) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an emergency service provider and the pharmacist in charge of the an issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition. (d) A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Georgia Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs. (e) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use. (f) A pharmacist from the a contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate policies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of not less than two years. Such an inspection shall, at a minimum, verify that:
(1) Drugs are properly stored, especially those requiring special storage conditions; (2) Drugs are properly accounted for by personnel of such emergency service provider; (3) Proper security measures to prohibit unauthorized access to the drugs are implemented; and (4) All policies and procedures are followed and enforced. (g) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board."

MONDAY, MARCH 25, 2013

3563

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan E Morris Y Mosby E Murphy Y Neal Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 0.

3564

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change 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 Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to modify provisions relating to penalties for the failure of a public employer to utilize the federal work authorization program and modify provisions relating to requiring private employers to utilize the federal work authorization program; to provide legislative intent relative thereto; to amend Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of the federal work authorization program, so as to modify provisions relating to private businesses participating in the employment eligibility verification system prior to the issuance of a business license or other document and provisions related to evidence of state licensure, annual reporting, and violations; to amend Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, so as to correct a cross-reference; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to modify provisions relating to the "Secure and Verifiable Identity Document Act" and the provision of public benefits to illegal aliens and to add new provisions relating to requiring agencies to submit annual immigration compliance reports; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 25, 2013

3565

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-90, relating to definitions pertaining to security and immigration compliance, as follows:
"13-10-90. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Labor. (2) 'Contractor' means a person or entity that enters into a contract for the physical performance of services with a public employer. (3) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify employment eligibility information of newly hired employees, commonly known as E-Verify, or any subsequent replacement program. (4) 'Physical performance of services' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor or services for a public employer within this state under a contract or other using a bidding process or by contract wherein the labor or services exceed $2,499.99. (5) 'Public employer' means every department, agency, or instrumentality of the this state or a political subdivision of the this state with more than one employee. (6) 'Subcontractor' means a person or entity having privity of contract with a contractor, subcontractor, or sub-subcontractor and includes a contract employee or staffing agency. (7) 'Sub-subcontractor' means a person or entity having privity of contract with a subcontractor or privity of contract with another person or entity contracting with a subcontractor or sub-subcontractor."
SECTION 2. It is the intent of the General Assembly that all public employers and contractors at every tier and level use the federal work authorization program on all projects, jobs, and work resulting from any bid or contract and that every public employer and contractor working for a public employer take all possible steps to ensure that a legal and eligible workforce is utilized in accordance with federal immigration and employment.
SECTION 3. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising paragraph (1) of subsection

3566

JOURNAL OF THE HOUSE

(b) and subparagraph (b)(7)(A) of Code Section 13-10-91, relating to verification of new employee eligibility, applicability, and rules and regulations, as follows:
"(b)(1) A public employer shall not enter into a contract pursuant to this chapter for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:
(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program; (B) The user identification number and date of authorization for the affiant; (C) The affiant will continue to use the federal work authorization program throughout the contract period; and (D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt." "(7)(A) Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer's federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer. Public employers subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this subsection. Subject to available funding, the state auditor shall conduct annual compliance audits on a minimum of at least one-half of the reporting agencies and publish the results of such audits annually on the department's Department of Audits and Accounts' website on or before September 30."
SECTION 4. Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of the federal work authorization program, issuance of a business or similar license, evidence of state licensure, annual reporting, form affidavit, violations, and investigations, is amended by revising subsections (d), (e), and (f) as follows:
"(d)(1) Before any county or municipal corporation issues or renews a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the

MONDAY, MARCH 25, 2013

3567

federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer's federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees. (2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section. (e) Beginning December 31, 2012, and annually thereafter, any county or municipal corporation issuing or renewing a business license, occupational tax certificate, or other document required to operate a business shall provide to the Department of Audits and Accounts a report demonstrating that such county or municipality is acting in compliance with the provisions of this Code section. This annual report shall identify each license or certificate issued by the agency in the preceding 12 months and include the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the affidavit submitted at the time of application. Counties and municipal corporations subject to the requirements of this Code section shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies. (f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which may shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the

3568

JOURNAL OF THE HOUSE

provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law's official website no later than January 1, 2012."
SECTION 5. Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, is amended by revising subsection (c) as follows:
"(c) Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (c) (d) of Code Section 50-36-1."
SECTION 6. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-361, relating to verification requirements, procedures, and conditions, exceptions, regulations, and criminal and other penalties for violations, as follows:
"50-36-1. (a) As used in this Code section, the term:
(1) 'Agency head' means a director, commissioner, chairperson, mayor, councilmember, board member, sheriff, or other executive official, whether appointed or elected, responsible for establishing policy for a public employer. (2) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (3) 'Applicant' means any natural person, 18 years of age or older, who has made application for access to public benefits on behalf of an individual, business, corporation, partnership, or other private entity. (4)(A) 'Public benefit' means a federal benefit as defined in 8 U.S.C. Section 1611, a state, or local benefit as defined in 8 U.S.C. Section 1621, a benefit identified as a public benefit by the Attorney General of Georgia, or a public benefit which shall include the following:
(i)(A) Adult education; (ii)(B) Authorization to conduct a commercial enterprise or business; (iii)(C) Business certificate, license, or registration; (iv)(D) Business loan; (v)(E) Cash allowance; (vi)(F) Disability assistance or insurance; (vii)(G) Down payment assistance; (viii)(H) Energy assistance; (ix)(I) Food stamps; (x)(J) Gaming license; (K) Grants; (xi)(L) Health benefits;

MONDAY, MARCH 25, 2013

3569

(M) Homestead exemption; (xii)(N) Housing allowance, grant, guarantee, or loan; (xiii)(O) Loan guarantee; (xiv)(P) Medicaid; (xv)(Q) Occupational license; (xvi)(R) Professional license; (S) Public and assisted housing; (xvii)(T) Registration of a regulated business; (xviii)(U) Rent assistance or subsidy; (V) Retirement benefits; (xix)(W) State grant or loan; (xx)(X) State issued driver's license and identification card; (xxi)(Y) Tax certificate required to conduct a commercial business; (Z) Tax credit; (xxii)(AA) Temporary assistance for needy families (TANF); (xxiii)(BB) Unemployment insurance; and (xxiv)(CC) Welfare to work. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'public benefit' that may be administered in this state as defined in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the description of the benefit and shall be updated annually and distributed to the members of the General Assembly and be posted to the Attorney General's website. (5) 'SAVE program' means the federal Systematic Alien Verification for Entitlements program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security for the same purpose. (b) Except as provided in subsection (d) of this Code section or where exempted by federal law, every agency or political subdivision shall verify the lawful presence in the United States under federal immigration law of any applicant for public benefits. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Verification of lawful presence in the United States under federal immigration law under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States under federal immigration law is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief;

3570

JOURNAL OF THE HOUSE

(4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of the Technical College System of Georgia shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (e) All policies of agencies or political subdivisions regarding public benefits for postsecondary education shall comply with federal law as provided in 8 U.S.C. Section 1623. (e)(f)(1) Except as provided in subsection (g) of this Code section, an An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to: (A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and (B) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States and stating under federal immigration law; provided, however, that if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that:
(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or (ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and providing provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency.

MONDAY, MARCH 25, 2013

3571

(2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts' official website. (3) Documents and copies of documents required by this Code section subsection may be submitted in person, by mail, or electronically, provided the submission complies with Chapter 12 of Title 10. Copies of documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this paragraph, electronic submission shall include a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmitted method approved by the agency or political subdivision. (4) The requirements of this subsection shall not apply to any applicant applying for or renewing an application for a public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document, as defined in Code Section 50-36-2, and a signed and sworn affidavit affirming that such applicant is a United States citizen. (g)(1) The Department of Driver Services shall require every applicant for a state issued driver's license or state identification card to submit, in person, an original secure and verifiable document, as defined in Code Section 50-36-2. (2) The requirements of this subsection shall not apply to any applicant renewing a state issued driver's license or state identification card if he or she has previously complied with the requirements of this subsection. (f)(h) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security SAVE program. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence in the United States under federal immigration law for the purposes of this Code section. (g)(i) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20. (h)(j) Verification of citizenship through means required by federal law shall satisfy the requirements of this Code section. (i)(k) It shall be unlawful for any agency or political subdivision to provide or administer any public benefit in violation of this Code section. On or before January 1 of each year, each agency or political subdivision which administers any public benefit shall provide an annual report to the Department of Community Affairs that identifies each public benefit, as defined in subparagraph (a)(3)(A) of this Code section, administered by the agency or political subdivision and a listing of each public benefit for which SAVE authorization for verification has not been received. Agencies and political subdivisions subject to the requirements of this subsection shall provide an

3572

JOURNAL OF THE HOUSE

annual report to the Department of Audits and Accounts pursuant to Code Section 5036-4 as proof of compliance with this subsection. Any agency or political subdivision failing to provide a report as required by this subsection shall not be entitled to any assistance, funds, or grants from the Department of Community Affairs. (j)(l) Any and all errors and significant delays by the SAVE program shall be reported to the United States Department of Homeland Security. (k)(m) Notwithstanding subsection (g) (i) of this Code section, any applicant for public benefits shall not be guilty of any crime for executing an affidavit attesting to his or her lawful presence in the United States under federal immigration law that contains a false statement if said such affidavit is not required by this Code section. (l)(n) In the event a legal action is filed against any agency or political subdivision alleging improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard. (m)(o) Compliance with this Code section by an agency or political subdivision shall include taking all reasonable, necessary steps required by a federal agency to receive authorization to utilize the SAVE program or any successor program designated by the United States Department of Homeland Security or other federal agency, including providing copies of statutory authorization for the agency or political subdivision to provide public benefits and other affidavits, letters of memorandum of understanding, or other required documents or information needed to receive authority to utilize the SAVE program or any successor program for each public benefit provided by such agency or political subdivision. An agency or political subdivision that takes all reasonable, necessary steps and submits all requested documents and information as required in this subsection but either has not been given access to use such programs by such federal agencies or has not completed the process of obtaining access to use such programs shall not be liable for failing to use the SAVE program or any such successor program to verify eligibility for public benefits. (n)(p) In the case of noncompliance with the provisions of this Code section by an agency or political subdivision, the appropriations committee of each house of the General Assembly may consider such noncompliance in setting the budget and appropriations. (o)(q) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter; provided, however, that the intentional and knowing failure of any agency head to abide by the provisions of this chapter shall:
(1) Be a violation of the code of ethics for government service established in Code Section 45-10-1 and subject such agency head to the penalties provided for in Code Section 45-10-28, including removal from office and a fine not to exceed $10,000.00; and (2) Be a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section or acts so as to intentionally and

MONDAY, MARCH 25, 2013

3573

deliberately interfere with the implementation of the requirements of this Code section. The Attorney General shall have the authority to conduct a criminal and civil investigation of an alleged violation of this chapter by an agency or agency head and to bring a prosecution or civil action against an agency or agency head for all cases of violations under this chapter. In the event that an order is entered against an employer, the state shall be awarded attorney's fees and expenses of litigation incurred in bringing such an action and investigating such violation."
SECTION 7. Said chapter is further amended by revising Code Section 50-36-2, relating to secure and verifiable identification documents, as follows:
"50-36-2. (a) This Code section shall be known and may be cited as the 'Secure and Verifiable Identity Document Act.' (b) As used in this Code section, the term:
(1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (2) 'Public official' means an elected or appointed official or an employee or an agent of an agency or political subdivision.
(3)(A) 'Secure and verifiable document' means a document issued by a state or federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies and shall include:
(i) An original or certified birth certificate issued by a state, county, municipal authority, or territory of the United States bearing an official seal; (ii) A certification of report of birth issued by the United States Department of State; (iii) A certification of birth abroad issued by the United States Department of State; or (iv) A consular report of birth abroad issued by the United States Department of State. (B) The term 'secure and verifiable document' shall not include any foreign passport unless the passport is submitted with a valid United States Homeland Security Form I-94, I-94A, or I-94W, or other federal document specifying an alien's lawful immigration status, or other proof of lawful presence in the United States under federal immigration law, or Secure and verifiable document shall not mean a Matricula Consular de Alta Seguridad, matricula consular card, consular matriculation card, consular identification card, or similar identification card issued by a foreign government regardless of the holder's immigration status. Only those documents approved and posted by the Attorney General pursuant to subsection (f) (g) of this Code section shall be considered secure and verifiable documents.

3574

JOURNAL OF THE HOUSE

(c) Unless required by federal law, on or after January 1, 2012, no agency or political subdivision shall accept, rely upon, or utilize an identification document for any official purpose that requires the presentation of identification by such agency or political subdivision or by federal or state law unless it is a secure and verifiable document. (d) Copies of secure and verifiable documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this subsection, electronic submission shall include, but shall not be limited to, submission via facsimile, Internet, or any other electronically assisted transmitted method approved by the agency or political subdivision. (d)(e) Any person acting in willful violation of this Code section by knowingly accepting identification documents that are not secure and verifiable documents shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. (e)(f) This Code section shall not apply to:
(1) A person reporting a crime; (2) An agency official accepting a crime report, conducting a criminal investigation, or assisting a foreign national to obtain a temporary protective order; (3) A person providing services to infants, children, or victims of a crime; (4) A person providing emergency medical service; (5) A peace officer in the performance of the officer's official duties and within the scope of his or her employment; (6) Instances when a federal law mandates acceptance of a document; (7) A court, court official, or traffic violation bureau for the purpose of enforcing a citation, accusation, or indictment; (8) Paragraph (2) of subsection (a) of Code Section 40-5-21 or paragraph (2) of subsection (a) of Code Section 40-5-21.1; or (9) An attorney or his or her employees for the purpose of representing a criminal defendant; or (10) The provision of utility services related to basic human necessities, including water, sewer, electrical power, communications, and gas. (f)(g) Not later than August 1, 2011, the Attorney General shall provide and make public on the Department of Law's website a list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General."
SECTION 8. Said chapter is further amended by adding a new Code section to read as follows:
"50-36-4. (a) As used in this Code section, the term:
(1) 'Agency or political subdivision' means any department, agency, authority, commission, or governmental entity of this state or any subdivision of this state. (2) 'Annual reporting period' means from December 1 of the preceding year through November 30 of the year in which the report is due. (3) 'Contractor' shall have the same meaning as set forth in Code Section 13-10-90.

MONDAY, MARCH 25, 2013

3575

(4) 'Department' means the Department of Audits and Accounts. (5) 'Physical performance of services' shall have the same meaning as set forth in Code Section 13-10-90. (6) 'Public employer' shall have the same meaning as set forth in Code Section 13-1090. (b) Each agency or political subdivision subject to any of the requirements provided in Code Sections 13-10-91, 36-60-6, and 50-36-1 shall submit an annual immigration compliance report to the department by December 31 that includes the information required under subsection (d) of this Code section for the annual reporting period. If an agency or political subdivision is exempt from any, but not all, of the provisions of subsection (d) of this Code section, it shall still be required to submit the annual report but shall indicate in the report which requirements from which it is exempt. (c) The department shall create an immigration compliance reporting system and shall provide technical support for the submission of such reports. The department shall further provide annual notification of such reports with submission instructions to all agencies and political subdivisions subject to such requirements. The department shall be authorized to implement policy as is needed to carry out the requirements of this subsection. (d) The immigration compliance report provided for in subsection (b) of this Code section shall contain the following: (1) The agency or political subdivision's federal work authorization program verification user number and date of authorization; (2) The legal name, address, and federal work authorization program user number of every contractor that has entered into a contract for the physical performance of services with a public employer as required under Code Section 13-10-91 during the annual reporting period; (3) The date of the contract for the physical performance of services between the contractor and public employer as required under Code Section 13-10-91; (4) A listing of each license or certificate issued by a county or municipal corporation to private employers that are required to utilize the federal work authorization program under the provisions of Code Section 36-60-6 during the annual reporting period, including the name of the person and business issued a license and his or her federally assigned employment eligibility verification system user number as provided in the private employer affidavit submitted at the time of application; and
(5)(A) A listing of each public benefit administered by the agency or political subdivision and a listing of each public benefit for which SAVE program authorization for verification has not been received. (B) As used in this paragraph, the terms 'public benefit' and 'SAVE program' shall have the same meaning as set forth in Code Section 50-36-1. (e) In the event that the immigration compliance report submitted by an agency or political subdivision is found to be deficient by the department, so long as a new immigration compliance report is submitted with the prior deficiencies corrected and

3576

JOURNAL OF THE HOUSE

fully complies with this Code section, such agency or political subdivision shall be deemed to have satisfied the requirements of this Code section. (f) Any action taken by an agency or a political subdivision for the purpose of complying with the requirements of this Code section shall not subject such agency or political subdivision to any civil liability arising from such action. (g) The department shall not find an agency or a political subdivision to be in violation of this Code section as a result of any actions or omissions by a county constitutional officer."

SECTION 9. This Act shall become effective on July 1, 2013.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett E Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler

Y Coomer Y Cooper N Dawkins-Haigler N Deffenbaugh Y Dempsey N Dickerson Y Dickey
Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S
Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge

Y Sims, C N Smith, E Y Smith, L E Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch
Weldon N Wilkerson Y Wilkinson

MONDAY, MARCH 25, 2013

3577

Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

E Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene N Gregory

Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 111, nays 58.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 156. By Senators Tolleson of the 20th, Wilkinson of the 50th and Hill of the 4th:

A BILL to be entitled an Act to amend Code Section 12-4-72 of the Official Code of Georgia Annotated, relating to definitions relative to surface mining, so as to revise a definition; to 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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd

Y McCall Y Meadows Y Mitchell Y Morgan E Morris Y Mosby E Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon

3578

JOURNAL OF THE HOUSE

Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gardner Y Gasaway E Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 169, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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 155. By Senators Gooch of the 51st, Cowsert of the 46th, Ginn of the 47th, Murphy of the 27th, Wilkinson of the 50th and others:

A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change the membership of the Georgia Higher Education Assistance Corporation to accommodate the Fourteenth Congressional District; to change the membership of the Georgia Student Finance Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change the membership of the Georgia Higher Education Assistance Corporation to accommodate the Fourteenth Congressional District; to change the membership of the Georgia Student Finance Authority; to provide that the Georgia Student Finance Authority shall be authorized to solicit funds for its purposes; to provide that the Georgia Student Finance Authority shall be authorized to incorporate one or more nonprofit corporations for carrying out the purposes of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 25, 2013

3579

SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by revising subsection (a) of Code Section 20-3-264, relating to functions, composition, organization, and conduct of affairs of the board of directors of the Georgia Higher Education Assistance Corporation, as follows:
"(a) Functions and composition. The corporation shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 13 14 members, who shall be the same persons who are serving and who shall serve as members of the board of commissioners of the commission pursuant to Code Section 20-3-234. The executive director of the corporation, or president, if designated by such title by the board of directors, shall be an ex officio member of the board of directors. The board of directors provided for by this subsection shall be the successor to and a continuation of, without interruption, the board of directors of the previously existing Georgia Higher Education Assistance Corporation. No director shall be eligible to become an officer or employee of the corporation for a period of one year after expiration of the director's period of service as a director of the corporation."
SECTION 2. Said article is further amended by revising subsection (a) of Code Section 20-3-314, relating to functions, composition, organization, and conduct of affairs of the board of directors of the Georgia Student Finance Authority, as follows:
"(a) Functions and composition. The authority shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 13 14 members, who shall be the same persons who are serving and who shall serve as members of the board of commissioners of the commission pursuant to Code Section 20-3-234. The executive director of the authority, or president, if designated by such title by the board of directors, shall be an ex officio member of the board of directors. The board of directors provided for by this subsection shall be the successor to and a continuation of, without interruption, the board of directors of the previously existing Georgia Higher Education Assistance Authority. No director shall be eligible to become an officer or employee of the authority for a period of one year after expiration of the director's period of service as a director of the authority."
SECTION 3. Said article is further amended by revising subparagraph (O) of paragraph (1) of Code Section 20-3-316, relating to the powers and duties of the Georgia Student Finance Authority, as follows:
"(O) To solicit, receive, and accept funds from any source, public or private, by gift, grant, bequest, loan, or otherwise, either absolutely or in trust, and to hold, use, administer, and expend such funds on its behalf and for any of its corporate purposes; and to acquire from any source, public or private, by purchase, lease, gift,

3580

JOURNAL OF THE HOUSE

bequest, or devise, any property, real, personal, or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of such property on its behalf and for any of its corporate purposes;"
SECTION 4. Said article is further amended by revising paragraph (1) of Code Section 20-3-316, relating to powers and duties of the Georgia Student Finance Authority, by deleting "and" at the end of division (1)(W)(iv) and adding a new paragraph to read as follows:
"(Y) To incorporate one or more nonprofit corporations to aid the authority in carrying out any of its powers, duties, and functions. Any such nonprofit corporation created pursuant to this subparagraph shall be a body corporate and politic and shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. Upon dissolution of any such nonprofit corporation, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts, obligations, or bonds of any such nonprofit corporation or for the actions or omissions to act of any such nonprofit corporation unless the authority expressly so consents;"
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:
Representative Jacobs of the 80th et al. offer the following amendment:
Amend the House Committee on Higher Education substitute to SB 155 (LC 41 0084S) by deleting lines 7 and 8 and inserting in lieu thereof the following: or more nonprofit corporations for carrying out the purposes of the authority; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to revise provisions relating to suspension of restrictions on use of annual proceeds from local sales and use taxes by public transit authorities; to reconstitute the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for staggered terms for board members; to provide for a limit on reappointment of board members; to provide for a method for nonparticipating counties to join the authority; to provide for certain information to be addressed during board meetings; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 25, 2013

3581

By deleting lines 66 through 70 and inserting in lieu thereof the following: SECTION 5.
Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by revising Code Section 32-9-13, relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities, to read as follows:
"32-9-13. Provisions in all laws, whether general or local, including but not limited to the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, that set forth restrictions on the use by public transit authorities of annual proceeds from local sales and use taxes shall be suspended for the period beginning on June 2, 2010, and continuing for three years through June 30, 2014. The greater discretion over such funds shall not abrogate the obligation of the public transit authority to comply with federal and state safety regulations and guidelines. Newly unrestricted funds shall be utilized, subject to total funding, to maintain the level of service for the transit system as it existed on January 1, 2010. Furthermore, except as had been previously contracted to by the public transit authority prior to January 1, 2010, no funds newly unrestricted during this suspended period shall be used by a public transit 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."
SECTION 6. Said chapter is further amended by revising Code Section 32-9-14, relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority, to read as follows:
"32-9-14. (a) Any provisions to the contrary in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, notwithstanding, the terms of all members of the board of directors of the Metropolitan Atlanta Rapid Transit Authority shall terminate on December 31, 2010 2013, and the board shall be reconstituted according to the provisions of this Code section. (b) Effective January 1, 2011 2014, the board of directors of the authority shall be composed of 11 voting members and one two nonvoting member members. Of the voting members: three members shall be residents of the City of Atlanta to be nominated by the mayor and elected by the city council; four members shall be residents of DeKalb County with three of the four appointees to be appointed by the DeKalb County Board of Commissioners 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

3582

JOURNAL OF THE HOUSE

members shall be residents of Fulton County to be appointed by the local governing body thereof, and one of such appointees 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 a majority vote of a caucus of mayors of the municipalities of Fulton County lying south of the corporate limits of the City of Atlanta, the chairperson of the Fulton County board of commissioners, and the members of the Fulton County board of commissioners whose districts include any portion of Fulton County lying south of the corporate limits of the City of Atlanta, and two of such appointees 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 corporate limits of the City of Atlanta; and one member shall be a resident of Fulton or DeKalb County to be appointed by the Governor. Of the nonvoting members: one shall be the commissioner of transportation and one shall be the executive director of the Georgia Regional Transportation Authority. Those board members appointed by a local governing authority, caucus, or the Governor as described in this Code section in office as of January 1, 2014, 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 of the Atlanta City Council, and one of the two appointees of the caucus of mayors from municipalities lying north of the corporate limits of the City of Atlanta shall serve a term of two years, and the remaining appointees shall serve for terms of four years. No later than November 1, 2013, each local governing authority or caucus shall designate which board members shall serve an initial term of two years. After the initial two-year terms of those five board members described in this subsection, that governing body or caucus 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 or caucus makes its other appointments to the board. Those board members in office on the effective date of this Code section shall serve until December 31, 2013. The executive director of the Georgia Regional Transportation Authority and the commissioner of transportation shall become nonvoting members of the board on the effective date of this Code section and shall serve while holding their state offices. The commissioner of transportation shall be a voting member of the board and the executive director of the Georgia Regional Transportation Authority shall be a nonvoting member of the board. The governing body that appoints a member 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. (c) All appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration of term shall be filled for the unexpired portion thereof by the local governing body appointing entity that 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 membership prior to January 1, 2014, shall not be considered in calculating limits on length of service. Appointments to fill expiring terms shall be made by the local

MONDAY, MARCH 25, 2013

3583

governing body appointing entity prior to the expiration of the term, but such appointments shall not be made more than 30 days prior to the expiration of the term. Members appointed to the board shall serve for the terms of office specified in this Code section and until their respective successors are appointed and qualified. (d) The local governing bodies of Clayton, Cobb, and Gwinnett Counties may, any other provision of this Code section to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of their respective counties the question of approval of a rapid transit contract between the county submitting the question and the authority, all in accordance with the provisions of Section 24 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. The local governing bodies of these counties shall be authorized to execute such rapid transit contracts prior to the holding of a referendum provided for in said Section 24 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; provided, however, that any 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, 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 those belonging to Fulton and DeKalb Counties if it had participated in the authority from its beginning, and the local governing body of the county may then appoint two residents of the county to the board of directors of the authority, to serve a term ending on the thirty-first day of December 31 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 (c) of this Code section to the contrary notwithstanding, be composed also of such additional members. (e) Except for the executive director of the Georgia Regional Transportation Authority and the commissioner of transportation, no 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. (f) A local governing body An appointing entity may remove any member of the board appointed by it for cause. No member shall be thus removed unless the member has been given a copy of the allegations against him or her and an opportunity to be publicly heard in his or her own defense in person with 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 the member's removal by an appeal to the superior court of the county where of the local governing body which appointed the member resides, but only on the ground of error of law or abuse of discretion. In case of abandonment of 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 (e) of this Code section, the office of a member shall be vacant upon the declaration of the board.

3584

JOURNAL OF THE HOUSE

A member shall be deemed to have abandoned 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 the member's residence from the territory qualifying of the local governing body that appointed the member to serve on the board. (g) Each appointed member of the board, except the chairperson, shall be paid by the authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 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. If the chairperson of the board is an appointed member of the board, the chairperson shall be paid by the authority a per diem allowance in the same amount for each day in which the 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 member's duties as authorized by the board. A board member shall not be allowed employee benefits authorized under Section 8(b) of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. (h) The board shall elect one of its members as chairperson and another as 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 the member's duties as presiding officer, if the member 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. (i) 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 the giving of 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 meetings of the board, its executive committee, or any committee appointed by the board shall be subject to Chapter 14 of Title 50. (j) Notwithstanding any other provisions of this Code section, the following actions by the board shall require the affirmative vote of one more than a majority of the total membership of the board as it may exist at the time:

MONDAY, MARCH 25, 2013

3585

(1) The issuance and sale of revenue bonds or equipment trust certificates; (2) The purchase or lease of any privately owned system of transportation of passengers for hire in its entirety, or any substantial part thereof. Prior to the purchase or lease of any such privately owned system a public hearing pertaining thereto shall have been held and notice of such public hearing shall have been advertised as provided in Section 9(c) of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; provided, however, that no sum shall be paid for such privately owned system of transportation in excess of the fair market value thereof determined by a minimum of two appraisers qualified to appraise privately owned systems of transportation and approved by a majority of the local governments participating in the financing of such purchase; (3) The award of any contract involving $100,000.00 $200,000.00 or more for construction, alterations, supplies, equipment, repairs, maintenance, or services other than professional services or for the purchase, sale, or lease of any property. Any contract involving $200,000.00 or more shall be awarded through a competitive bidding process as described in Section 14 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. The board by appropriate resolution may delegate to the general manager the general or specific authority to enter into contracts involving less than $100,000.00 $200,000.00 if such contracts are entered into in accordance with Section 14 of said Act; (4) The grant of any concession; and (5) The award of any contract for the management of any authority owned property or facility. (k) The board shall appoint and employ, as needed, a general manager and a general counsel, none of whom may be members of the board or a relative of a member of the board, and delegate to them such authority as it may deem appropriate. It may make such bylaws or rules and regulations as it may deem appropriate for its own government, not inconsistent with this Code section, including the establishment of an executive committee to exercise such authority as its bylaws may prescribe. (l) The treasurer of the authority and such other members of the board and such other officers and employees of the authority as the board may determine shall execute corporate surety bonds, conditioned upon the faithful performance of their respective duties. A blanket form of surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure, or closing of any depository which has been approved as a depository for public funds. (m)(1) In addition to the requirements of subsection (i) of this Code section, each member of the board shall hold a meeting once each 12 months with the local governing body that appointed such member. The secretary of the board shall give written notice to each member of the board, to each local governing body, and to the governing authority of each municipality in the county in which there is an existing or proposed rail line at least two days prior to any meeting that may be scheduled, and

3586

JOURNAL OF THE HOUSE

said secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his or her giving such notice. These meetings shall be for the purpose of reporting to the local governing bodies on the operations of the authority and on the activities of the board and making such information available to the general public. No activity that requires action by the board shall be initiated or undertaken at any meeting conducted under this subsection. (2) The board shall submit once each three months a written report on the operations of the authority and on the activities of the board to each local governing body that appoints a member of the board. (n) For any expenditure to a vendor who has received $5,000.00 or more within a 12 month period, such expenditure shall be listed by date, payee, amount, and purpose and shall be listed on a schedule that is included as an appendix to the agenda for the next regular meeting of the board. The schedule shall include all such expenditures for the calendar month of the last regular meeting of the full board and any subsequent calendar month where a full meeting of the board was not held. The agenda for each regular meeting of the full board shall include an opportunity for the board to ask questions or make comments about the expenditures listed in the appendix. The appendix required by this subsection shall be posted on the authority's website no later than 24 hours prior to the meeting."

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett E Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick

Y Coomer Y Cooper N Dawkins-Haigler N Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal
Pak Y Parrish N Parsons E Peake Y Pezold

Y Sims, C N Smith, E Y Smith, L E Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D

MONDAY, MARCH 25, 2013

3587

Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y England N Epps, C Y Epps, J N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S
Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the amendment, the ayes were 113, nays 57.

The amendment was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett E Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J

Y McCall Y Meadows N Mitchell N Morgan E Morris N Mosby E Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett

Y Sims, C N Smith, E Y Smith, L E Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M.

3588

JOURNAL OF THE HOUSE

N Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

N Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene N Gregory

N Jones, L N Jones, S
Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott
Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 114, nays 57.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Jasperse of the 11th moved that the House insist on its position in substituting SB 101.

The motion prevailed.

The Speaker announced the House in recess until 3:15 o'clock, this afternoon.

MONDAY, MARCH 25, 2013

3589

AFTERNOON SESSION
The Speaker called the House to order.
Representative Willard of the 51st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 165 Do Pass
Respectfully submitted, /s/ Willard of the 51st
Chairman
Representative Golick of the 40th 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 207 Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 40th
Chairman
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

3590

JOURNAL OF THE HOUSE

SB 254. By Senator Harper of the 7th:
A BILL to be entitled an Act to create a board of elections and registration for Irwin County and to provide for its powers and duties; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 256. By Senators Jackson of the 2nd and 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 Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide that the chief magistrate of Chatham County shall appoint any pro tempore magistrates; to repeal conflicting laws; and for other purposes.
SB 257. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 258. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 83. By Representatives Knight of the 130th, Clark of the 98th, Teasley of the 37th, Pezold of the 133rd and Braddock of the 19th:
A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mortgage brokers, so as to exempt licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 25, 2013

3591

HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Albany to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 485. By Representative Hatchett of the 150th:
A BILL to be entitled an Act to amend an Act to establish the City Court of Soperton (now known as the State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, so as to change the salary of the judge and solicitor; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 526. By Representatives Willard of the 51st, Riley of the 50th, Wilkinson of the 52nd, Geisinger of the 48th, Martin of the 49th and others:
A BILL to be entitled an Act to create the North Fulton Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for membership of the authority; to provide for a quorum and voting; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 568. By Representative Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), so as to change the description of the council districts for the election of members of the city council to be consistent with the United States decennial census of 2010 for the State of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

3592

JOURNAL OF THE HOUSE

HB 572. By Representative Harden of the 148th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to 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 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 577. By Representative Harden of the 148th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 585. By Representative Jackson of the 128th:
A BILL to be entitled an Act to provide a new charter for the City of Davisboro; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for definitions and construction; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
HB 587. By Representative Bentley of the 139th:
A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended, so as to provide for compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 25, 2013

3593

HB 592. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the compensation of the judge and solicitor-general of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 596. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act reapportioning the election districts of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5385), so as to redistrict the Board of Education of Telfair County; to change the description of the education districts; to provide for the continuation in office of the current members and the election of subsequent members; to provide for related matters; 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 an effective date; to repeal conflicting laws; and for other purposes.
HB 597. By Representative Pruett of the 149th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for preclearance; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
HB 600. By Representatives Powell of the 171st and Taylor of the 173rd:
A BILL to be entitled an Act to create the City of Bainbridge Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 602. By Representatives Cheokas of the 138th and Rynders of the 152nd:
A BILL to be entitled an Act to create the Americus-Sumter County Land Bank Authority; to provide for its membership, terms of office, powers,

3594

JOURNAL OF THE HOUSE

duties, and authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 613. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Mosby of the 83rd, Dawkins-Haigler of the 91st 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.
HB 635. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act to provide for the membership of the Dodge County-Eastman Development Authority, approved May 1, 2012 (Ga. L. 2012, p. 4970), so as to change the membership and terms of office of the Dodge County-Eastman Development Authority; to provide for the transfer of the powers, duties, assets, property, liabilities, and indebtedness of the Heart of Georgia Regional Airport Authority to the Dodge CountyEastman Development Authority; to provided a statement of authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
HB 636. By Representative Pruett of the 149th:
A BILL to be entitled an Act to amend an Act to create the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, so as to abolish the authority; to transfer all powers, powers, duties, assets, property, liabilities, and indebtedness of the authority to the Dodge County-Eastman Development Authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
HB 639. By Representatives Mitchell of the 88th, Williams of the 87th, Anderson of the 92nd, Jacobs of the 80th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), an Act approved May 6, 2005 (Ga. L. 2005, p.

MONDAY, MARCH 25, 2013

3595

3782), and an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), so as to increase the amount of such supplement; 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 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes.
HB 583. By Representatives Knight of the 130th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the Municipal Court of the City of Griffin to charge a technology fee for each civil case 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.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
HB 36. By Representatives Watson of the 166th, Burns of the 159th, Stephens of the 164th, Bryant of the 162nd, Dutton of the 157th and others:
A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to game and fish definitions, so as to revise the definition of "game fish"; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 45. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative

3596

JOURNAL OF THE HOUSE

to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 259. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L 1996, p. 3892), as amended, so as to change the corporate limits; 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 115. By Representatives Dickson of the 6th, Lindsey of the 54th, Coleman of the 97th and Casas of the 107th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to revise provisions relating to suspension and removal of local school board members under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; 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: Miller of the 49th, Bethel of the 54th, and Unterman of the 45th.

MONDAY, MARCH 25, 2013

3597

The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:

HR 4.

By Representatives Geisinger of the 48th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others:

A RESOLUTION proposing a settlement of the boundary dispute between the State of Georgia and the State of Tennessee; and for other purposes.

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the House:

HB 116. By Representatives Dickson of the 6th, Coleman of the 97th, Lindsey of the 54th and Casas of the 107th:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the state board to transfer donations, gifts, and other property held in trust to the Georgia Foundation for Public Education for management and administration; 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 House:

HB 161. By Representatives Atwood of the 179th, Willard of the 51st, Fleming of the 121st, Hightower of the 68th, Pak of the 108th and others:

A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to change provisions relating to the oath of bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 192. By Representatives Kidd of the 145th and Sharper of the 177th:

A BILL to be entitled an Act to amend Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, so as to provide that podiatric medicine includes the diagnosis and treatment

3598

JOURNAL OF THE HOUSE

of cosmetic conditions regarding the human foot and leg; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 208. By Representatives Watson of the 166th, Lindsey of the 54th, Carter of the 175th, Cooper of the 43rd, Pak of the 108th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require nursing homes to annually offer influenza vaccinations to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 210. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Roberts of the 155th, Burns of the 159th and others:
A BILL to be entitled an Act to amend Code Section 48-8-17 of the Official Code of Georgia Annotated, relating to the temporary suspension of the collection of taxes on gasoline and aviation fuel, so as to provide for legislative findings; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending temporarily the collection of such taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 193. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time with respect to the use of food which is donated to a

MONDAY, MARCH 25, 2013

3599

qualified nonprofit agency and which is used for hunger relief purposes; to repeal conflicting laws; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 847. By Representatives Dawkins-Haigler of the 91st, Mosby of the 83rd, Mayo of the 84th, Bruce of the 61st, Mitchell of the 88th and others:

A RESOLUTION recognizing and supporting the Georgia Legislative Black Caucus's efforts in promoting policies and programs to attract and sustain film, television, and digital media production as a potential source of quality job opportunities for African American communities not only in production but also in related industries; and for other purposes.

HR 848. By Representatives Setzler of the 35th, Williamson of the 115th, Ehrhart of the 36th, Sheldon of the 104th, Hamilton of the 24th and others:

A RESOLUTION commending the Boy Scouts of America on their continued success, and recognizing its continued commitment to strong moral values of its youth and adult members, volunteers, and leaders; and for other purposes.

HR 849. By Representatives Williams of the 168th, Stephens of the 164th, Hugley of the 136th, Hatchett of the 150th and Epps of the 144th:

A RESOLUTION honoring the life and memory of Mr. Robert W. Curtis; and for other purposes.

HR 850.

By Representatives Anderson of the 92nd, Dawkins-Haigler of the 91st, Bentley of the 139th, Beasley-Teague of the 65th, Randall of the 142nd and others:

A RESOLUTION recognizing and commending Mrs. Janie Butts Reid on her outstanding public service; and for other purposes.

HR 851. By Representatives Cooper of the 43rd, Ramsey of the 72nd, Howard of the 124th, Watson of the 166th, Marin of the 96th and others:

A RESOLUTION recognizing June 20, 2013, as Diabetic Peripheral Neuropathy Alert Day at the capitol to raise awareness of the dangers of Diabetic Peripheral Neuropathy; and for other purposes.

3600

JOURNAL OF THE HOUSE

HR 852. By Representatives Benton of the 31st, England of the 116th, Roberts of the 155th, McCall of the 33rd, Allison of the 8th and others:
A RESOLUTION recognizing the Battle of Chickamauga on September 1820, 2013; and for other purposes.
HR 853. By Representative Maxwell of the 17th:
A RESOLUTION recognizing and commending Robert James Burke; and for other purposes.
HR 854. By Representatives Gravley of the 67th, Hightower of the 68th, Jones of the 62nd, Bruce of the 61st and Alexander of the 66th:
A RESOLUTION honoring the life and memory of Ms. Rhonda Payne; and for other purposes.
HR 855. By Representatives Benton of the 31st and England of the 116th:
A RESOLUTION honoring the life and memory of Mr. Herbert Brown "Kit" Braselton, Sr.; and for other purposes.
HR 856. By Representatives Mabra of the 63rd and Scott of the 76th:
A RESOLUTION recognizing and commending Quantarious Faison; and for other purposes.
HR 857. By Representatives Beasley-Teague of the 65th, Frye of the 118th and Brooks of the 55th:
A RESOLUTION honoring the life and memory of Mr. Daleman Johnson; and for other purposes.
HR 858. By Representatives Beasley-Teague of the 65th, Frye of the 118th and Brooks of the 55th:
A RESOLUTION honoring and celebrating the 90th birthday of Mrs. Lecura Marie Threadcraft Shorter; and for other purposes.
HR 859. By Representative Gravley of the 67th:
A RESOLUTION recognizing and commending Dr. James R. Burdette on the occasion of his 40th pastoral anniversary; and for other purposes.

MONDAY, MARCH 25, 2013

3601

HR 860. By Representatives Alexander of the 66th, Gravley of the 67th, Jones of the 62nd, Bruce of the 61st and Hightower of the 68th:
A RESOLUTION commending Mr. Casey Hall, Douglas County High School's 2012-2013 Teacher of the Year; and for other purposes.
HR 861. By Representative Holmes of the 129th:
A RESOLUTION recognizing and commending Mr. William Waldo Bradley; and for other purposes.
HR 862. By Representatives Watson of the 166th, Cooper of the 43rd, Rogers of the 10th, Stephens of the 164th, Parrish of the 158th and others:
A RESOLUTION recognizing March 27, 2013, as United Against Childhood Obesity Day at the capitol; and for other purposes.
HR 863. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Evan Alley; and for other purposes.
HR 864. By Representative Dudgeon of the 25th:
A RESOLUTION recognizing and commending Austin McCandlish; and for other purposes.
HR 865. By Representatives Holcomb of the 81st and Mitchell of the 88th:
A RESOLUTION recognizing and commending Harmony: Atlanta's International Youth Chorus on the occasion of its 20th anniversary; and for other purposes.
HR 866. By Representative Jones of the 53rd:
A RESOLUTION honoring the life and memory of Mrs. Brenda Ann Smith Clay; and for other purposes.
HR 867. By Representative Ehrhart of the 36th:
A RESOLUTION recognizing Kennesaw State University, commending Kennesaw State on the commencement of its football program; and for other purposes.

3602

JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 254. By Senator Harper of the 7th:
A BILL to be entitled an Act to create a board of elections and registration for Irwin County and to provide for its powers and duties; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 256. By Senators Jackson of the 2nd and 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 Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide that the chief magistrate of Chatham County shall appoint any pro tempore magistrates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 257. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 258. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

MONDAY, MARCH 25, 2013

3603

SB 259. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L 1996, p. 3892), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 83.

By Senators Gooch of the 51st, Hill of the 32nd, Carter of the 1st, Beach of the 21st, Tolleson of the 20th and others:

A BILL to be entitled an Act to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to the supervision and support of paupers, so as to provide for cremation as an alternative for deceased indigents; 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 Abrams N Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks N Bruce
Bryant Y Buckner

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt N Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S

Y McCall Y Meadows Y Mitchell N Morgan Y Morris
Mosby N Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey

Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley N Thomas, A.M. Y Thomas, B Y Turner

3604

JOURNAL OF THE HOUSE

Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

N Floyd Y Fludd Y Frazier Y Frye E Fullerton
Gardner N Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby
Knight Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott N Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 153, nays 14.

The Bill, having received the requisite constitutional majority, was passed.

SB 168. By Senators Tippins of the 37th, Mullis of the 53rd, Williams of the 19th, Tolleson of the 20th, Chance of the 16th and others:

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13 of the O.C.G.A., relating to bonds relating to contracts for public works, and Article 2 of Chapter 91 of Title 36 of the O.C.G.A., relating to contracting and bidding requirements; 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 Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to bonds relating to contracts for public works, Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracting and bidding requirements, and Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, respectively, so as to provide for legislative intent; to provide that no bidder shall be disqualified from a bid or proposal or denied prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if the bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs, the bidder has experience in performing the work for which bids or proposals are sought, and the bidder is capable of being bonded for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; to revise provisions relating to suspension of restrictions on use of annual proceeds from local

MONDAY, MARCH 25, 2013

3605

sales and use taxes by public transit authorities; to reconstitute the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for staggered terms for board members; to provide for a limit on reappointment of board members; to provide for a method for nonparticipating counties to join the authority; to provide for certain information to be addressed during board meetings; to provide for the privatization of certain services; to provide for a limit on annual bonded debt service; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the intent of the General Assembly to make public contracting opportunities more available both at the Metropolitan Atlanta Rapid Transit Authority and in other governmental entities and to amend and modernize the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended.
SECTION 2. Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to bonds relating to contracts for public works, is amended by adding a new Code section to read as follows:
"13-10-4. In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no bidder shall be disqualified from a bid or proposal or denied prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if:
(1) The bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs; (2) The bidder has experience in performing the work for which bids or proposals are sought; and (3) The bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought."
SECTION 3. Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracting and bidding requirements, is amended by adding a new Code section to read as follows:
"36-91-23. In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no responsible bidder shall be disqualified from a bid or proposal or denied

3606

JOURNAL OF THE HOUSE

prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if:
(1) The bid or proposal is not more than 30 percent greater in scope or cost from the responsible bidder's previous experience in jobs; (2) The responsible bidder has experience in performing the work for which bids or proposals are sought; and (3) The responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought."
SECTION 4. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by revising Code Section 32-9-13, relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities, to read as follows:
"32-9-13. Provisions in all laws, whether general or local, including but not limited to the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, that set forth restrictions on the use by public transit authorities of annual proceeds from local sales and use taxes shall be suspended for the period beginning on June 2, 2010, and continuing for three years through June 30, 2016. The greater discretion over such funds shall not abrogate the obligation of the public transit authority to comply with federal and state safety regulations and guidelines. Newly unrestricted funds shall be utilized, subject to total funding, to maintain the level of service for the transit system as it existed on January 1, 2010. Furthermore, except as had been previously contracted to by the public transit authority prior to January 1, 2010, no funds newly unrestricted during this suspended period shall be used by a public transit 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."
SECTION 5. Said chapter is further amended by revising Code Section 32-9-14, relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority, to read as follows:
"32-9-14. (a) Any provisions to the contrary in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, notwithstanding, the terms of all members of the board of directors of the Metropolitan Atlanta Rapid Transit Authority shall terminate on December 31, 2010 2013, and the board shall be reconstituted according to the provisions of this Code section.

MONDAY, MARCH 25, 2013

3607

(b) Effective January 1, 2011 2014, the board of directors of the authority shall be composed of 11 voting members and one two nonvoting member members. Of the voting members: three members shall be residents of the City of Atlanta to be nominated by the mayor and elected by the city council; four members shall be residents of DeKalb County with three of the four appointees to be appointed by the DeKalb County Board of Commissioners 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 one of such appointees 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 a majority vote of a caucus of mayors of the municipalities of Fulton County lying south of the corporate limits of the City of Atlanta, the chairperson of the Fulton County board of commissioners, and the members of the Fulton County board of commissioners whose districts include any portion of Fulton County lying south of the corporate limits of the City of Atlanta, and two of such appointees 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 corporate limits of the City of Atlanta; and one member shall be a resident of Fulton or DeKalb County to be appointed by the Governor. Of the nonvoting members: one shall be the commissioner of transportation and one shall be the executive director of the Georgia Regional Transportation Authority. Those board members appointed by a local governing authority, caucus, or the Governor as described in this Code section in office as of January 1, 2014, 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 of the Atlanta City Council, and one of the two appointees of the caucus of mayors from municipalities lying north of the corporate limits of the City of Atlanta shall serve a term of two years, and the remaining appointees shall serve for terms of four years. No later than November 1, 2013, each local governing authority or caucus shall designate which board members shall serve an initial term of two years. After the initial two-year terms of those five board members described in this subsection, that governing body or caucus 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 or caucus makes its other appointments to the board. Those board members in office on the effective date of this Code section shall serve until December 31, 2013. The executive director of the Georgia Regional Transportation Authority and the commissioner of transportation shall become nonvoting members of the board on the effective date of this Code section and shall serve while holding their state offices. The commissioner of transportation shall be a voting member of the board and the

3608

JOURNAL OF THE HOUSE

executive director of the Georgia Regional Transportation Authority shall be a nonvoting member of the board. The governing body that appoints a member 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. (c) All appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration of term shall be filled for the unexpired portion thereof by the local governing body appointing entity that 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 membership prior to January 1, 2014, shall not be considered in calculating limits on length of service. Appointments to fill expiring terms shall be made by the local governing body appointing entity prior to the expiration of the term, but such appointments shall not be made more than 30 days prior to the expiration of the term. Members appointed to the board shall serve for the terms of office specified in this Code section and until their respective successors are appointed and qualified. (d) The local governing bodies of Clayton, Cobb, and Gwinnett Counties may, any other provision of this Code section to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of their respective counties the question of approval of a rapid transit contract between the county submitting the question and the authority, all in accordance with the provisions of Section 24 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. The local governing bodies of these counties shall be authorized to execute such rapid transit contracts prior to the holding of a referendum provided for in said Section 24 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; provided, however, that any 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, 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 those belonging to Fulton and DeKalb Counties if it had participated in the authority from its beginning, and the local governing body of the county may then appoint two residents of the county to the board of directors of the authority, to serve a term ending on the thirty-first day of December 31 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 (c) of this Code section to the contrary notwithstanding, be composed also of such additional members. (e) Except for the executive director of the Georgia Regional Transportation Authority and the commissioner of transportation, no 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.

MONDAY, MARCH 25, 2013

3609

(f) A local governing body An appointing entity may remove any member of the board appointed by it for cause. No member shall be thus removed unless the member has been given a copy of the allegations against him or her and an opportunity to be publicly heard in his or her own defense in person with 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 the member's removal by an appeal to the superior court of the county where of the local governing body which appointed the member resides, but only on the ground of error of law or abuse of discretion. In case of abandonment of 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 (e) of this Code section, the office of a member shall be vacant upon the declaration of the board. A member shall be deemed to have abandoned 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 the member's residence from the territory qualifying of the local governing body that appointed the member to serve on the board. (g) Each appointed member of the board, except the chairperson, shall be paid by the authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 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. If the chairperson of the board is an appointed member of the board, the chairperson shall be paid by the authority a per diem allowance in the same amount for each day in which the 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 member's duties as authorized by the board. A board member shall not be allowed employee benefits authorized under Section 8(b) of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. (h) The board shall elect one of its members as chairperson and another as 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 the member's duties as presiding officer, if the member 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. (i) 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 the giving of notice as above.

3610

JOURNAL OF THE HOUSE

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 meetings of the board, its executive committee, or any committee appointed by the board shall be subject to Chapter 14 of Title 50. (j) Notwithstanding any other provisions of this Code section, the following actions by the board shall require the affirmative vote of one more than a majority of the total membership of the board as it may exist at the time:
(1) The issuance and sale of revenue bonds or equipment trust certificates; (2) The purchase or lease of any privately owned system of transportation of passengers for hire in its entirety, or any substantial part thereof. Prior to the purchase or lease of any such privately owned system a public hearing pertaining thereto shall have been held and notice of such public hearing shall have been advertised as provided in Section 9(c) of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended; provided, however, that no sum shall be paid for such privately owned system of transportation in excess of the fair market value thereof determined by a minimum of two appraisers qualified to appraise privately owned systems of transportation and approved by a majority of the local governments participating in the financing of such purchase; (3) The award of any contract involving $100,000.00 or more for construction, alterations, supplies, equipment, repairs, maintenance, or services other than professional services or for the purchase, sale, or lease of any property. Any contract involving $100,000.00 or more shall be awarded through a competitive bidding process as described in Section 14 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. The board by appropriate resolution may delegate to the general manager the general or specific authority to enter into contracts involving less than $100,000.00 if such contracts are entered into in accordance with Section 14 of said Act; (4) The grant of any concession; and (5) The award of any contract for the management of any authority owned property or facility. (k) The board shall appoint and employ, as needed, a general manager and a general counsel, none of whom may be members of the board or a relative of a member of the board, and delegate to them such authority as it may deem appropriate. It may make such bylaws or rules and regulations as it may deem appropriate for its own government, not inconsistent with this Code section, including the establishment of an executive committee to exercise such authority as its bylaws may prescribe. (l) The treasurer of the authority and such other members of the board and such other officers and employees of the authority as the board may determine shall execute corporate surety bonds, conditioned upon the faithful performance of their respective

MONDAY, MARCH 25, 2013

3611

duties. A blanket form of surety bond may be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insolvency, failure, or closing of any depository which has been approved as a depository for public funds.
(m)(1) In addition to the requirements of subsection (i) of this Code section, each member of the board shall hold a meeting once each 12 months with the local governing body that appointed such member. The secretary of the board shall give written notice to each member of the board, to each local governing body, and to the governing authority of each municipality in the county in which there is an existing or proposed rail line at least two days prior to any 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 or her giving such notice. These meetings shall be for the purpose of reporting to the local governing bodies on the operations of the authority and on the activities of the board and making such information available to the general public. No activity that requires action by the board shall be initiated or undertaken at any meeting conducted under this subsection. (2) The board shall submit once each three months a written report on the operations of the authority and on the activities of the board to each local governing body that appoints a member of the board. (n) For any expenditure to a vendor who has received $5,000.00 or more within a 12 month period, such expenditure shall be listed by date, payee, amount, and purpose and shall be listed on a schedule that is included as an appendix to the agenda for the next regular meeting of the board. The schedule shall include all such expenditures for the calendar month of the last regular meeting of the full board and any subsequent calendar month where a full meeting of the board was not held. The agenda for each regular meeting of the full board shall include an opportunity for the board to ask questions or make comments about the expenditures listed in the appendix. The appendix required by this subsection shall be posted on the authority's website no later than 24 hours prior to the meeting."
SECTION 6. Said chapter is further amended by adding two new Code sections to read as follows:
"32-9-15. By July 1, 2018, the Metropolitan Atlanta Rapid Transit Authority shall enter into binding contracts with private contractors for the provision of the following services in their entirety: accounts payable, payroll processing, human resource benefits administration, employee recruiting and staffing, employee data and records management, telephone maintenance and support, information technology service desk, end-user computer support, workers' compensation claims administration, customer care telephone hotline, paratransit bus service, and the interior cleaning of buses and trains. The authority and its employees may serve in a supervisory role for contracts involving the services listed in this Code section to ensure proper, efficient, and costeffective delivery thereof.

3612

JOURNAL OF THE HOUSE

32-9-16. The total principal and interest of the Metropolitan Atlanta Rapid Transit Authority's annual bonded debt service shall not exceed 40 percent of the sales tax revenues collected in the previous fiscal year beginning in the fiscal year commencing on July 1, 2016, and for each fiscal year commencing on or after July 1, 2019, the total principal and interest of the authority's annual bonded debt service shall not exceed 35 percent of the sales tax revenues collected in the previous fiscal year."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Jacobs of the 80th, Willard of the 51st, and Hamilton of the 24th offer the following amendment:
Amend the House Committee on Judiciary substitute to SB 168 (LC 29 5647S) by replacing "works," with "works and" on line 2.
By replacing lines 4 and 5 with the following: requirements, respectively, so as to provide that no
By replacing lines 12 through 18 with the following: bid or proposal is being sought; to
By deleting lines 23 through 27 and redesignating Sections 3, 7, and 8 as Sections 2, 3, and 4, respectively.
By deleting lines 59 through 301.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 25, 2013

3613

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold
Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate action thereon:

HB 141. By Representatives Lindsey of the 54th, Morgan of the 39th, Brockway of the 102nd, Kaiser of the 59th and Jones of the 53rd:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and

3614

JOURNAL OF THE HOUSE

establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Department of Public Safety to develop and post the model notice on its website; to provide for penalties; 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 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Georgia Bureau of Investigation to develop and post the model notice on its website; to provide for penalties; to provide an expiration date for the 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. Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, is amended by adding a new Code section to read as follows:
"16-5-47. (a) As used in this Code section, the term:
(1) 'Adult entertainment establishment' means any place of business or commercial establishment wherein:
(A) The entertainment or activity therein consists of nude or substantially nude persons dancing with or without music or engaged in movements of a sexual nature or movements simulating sexual intercourse, oral copulation, sodomy, or masturbation; (B) The patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments; or (C) The patron directly or indirectly is charged a fee to engage in personal contact by employees, devices, or equipment, or by personnel provided by the establishment. Such term shall include, but shall not be limited to, bathhouses, lingerie modeling studios, and related or similar activities. Such term shall not include businesses or commercial establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment.

MONDAY, MARCH 25, 2013

3615

(2) 'Agricultural products' means raising, growing, harvesting, or storing of crops; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, Christmas trees, fowl, equine, or animals; or the production of aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products. (3) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (4) 'Day hauler' means any person who is employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person; provided, however, that such term shall not include a person who produces agricultural products. (5) 'Farm labor contractor' means any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to such persons; provided, however, that such term shall not include a person who produces agricultural products. (6) 'Hotel' means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire. (7) 'Massage therapist' means a person licensed pursuant to Chapter 24A of Title 43. (8) 'Primary airport' shall have the same meaning as set forth in 49 U.S.C. Section 47102(16). (9) 'Substantially nude' means dressed in a manner so as to display any portion of the female breast below the top of the areola or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (10) 'Truck stop' means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking. (b) Effective September 15, 2013, the following businesses and other establishments shall post the notice described in subsection (c) of this Code section, or a substantially similar notice, in English, Spanish, and any other language deemed appropriate by the director of the Georgia Bureau of Investigation, in each public restroom for the business or establishment and either in a conspicuous place near the public entrance of the business or establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted:

3616

JOURNAL OF THE HOUSE

(1) Adult entertainment establishments; (2) Bars; (3) Primary airports; (4) Passenger rail or light rail stations; (5) Bus stations; (6) Truck stops; (7) Emergency rooms within general acute care hospitals; (8) Urgent care centers; (9) Farm labor contractors and day haulers; (10) Privately operated job recruitment centers; (11) Safety rest areas located along interstate highways in this state; (12) Hotels; and (13) Businesses and establishments that offer massage or bodywork services by a person who is not a massage therapist. (c) On or before August 1, 2013, the Georgia Bureau of Investigation shall develop a model notice that complies with the requirements of this subsection and make the model notice available for download on its Internet website. Such notice shall be at least 8 1/2 inches by 11 inches in size, printed in a 16 point font in English, Spanish, and any other language deemed appropriate by the director of the Georgia Bureau of Investigation, and state the following: 'Are you or someone you know being sold for sex or made/forced to work for little or no pay and cannot leave? Call the National Human Trafficking Resource Center at 1888-373-7888 for help. All victims of slavery and human trafficking have rights and are protected by international, federal, and state law. The hotline is: (1) Anonymous and confidential; (2) Available 24 hours a day, seven days a week; (3) Able to provide help, referral to services, training, and general information; (4) Accessible in 170 languages; (5) Operated by a nonprofit, nongovernmental organization; and (6) Toll free.' (d) A law enforcement officer shall notify, in writing, any business or establishment that has failed to comply with this Code section that it has failed to comply with the requirements of this Code section and if it does not correct the violation within 30 days from the date of receipt of the notice, the owner of such business or establishment shall be charged with a violation of this Code section and upon conviction shall be guilty of the misdemeanor offense of failure to post the National Human Trafficking Resource Center hotline number and may be punished by a fine of not more than $500.00; but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against an owner for conviction thereof. Upon a second or subsequent conviction, the owner shall be guilty of a high and aggravated misdemeanor and shall be punished by a fine not to

MONDAY, MARCH 25, 2013

3617

exceed $5,000.00. The notice required by this subsection may be hand delivered to the noncomplying business or establishment or mailed to it at the address of such business or establishment. (e) This Code section shall be repealed in its entirety on January 1, 2019, unless extended by an Act of the General Assembly."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Lindsey of the 54th moved that the House agree to the Senate substitute to HB 141.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming N Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott
Setzler

Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C

3618

JOURNAL OF THE HOUSE

Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gordon Y Gravley Y Greene N Gregory

Y Marin Y Martin Y Maxwell Y Mayo

Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 168, nays 2.

The motion prevailed.

HB 146. By Representatives Weldon of the 3rd, Willard of the 51st and Mabra of the 63rd:

A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the issuance of arrest and search warrants by video conference; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to revise provisions relating to arrest and search warrants; to revise provisions relating to the issuance of arrest and search warrants by video conference; to provide for application and notice to appear for a show cause hearing; to provide for a hearing; to provide for bonds; to provide for costs; to provide for the issuance of a prehearing arrest warrant; to repeal provisions relating to a bond against a spouse; to provide for a bond for good behavior; to provide for remedy for violation of bond; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-4-47, relating to issuance of warrants by video conference, as follows:
"(a) A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference. The issuance of an arrest warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant, and, at the time such warrant is issued, he or she is physically located within this state."

MONDAY, MARCH 25, 2013

3619

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 17-5-21.1, relating to issuance of search warrants by video conference, as follows:
"(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. The issuance of a search warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant, and, at the time such warrant is issued, he or she is physically located within this state."
SECTION 3. Said title is further amended by revising Part 1 of Article 4 of Chapter 6, relating to bonds for good behavior, as follows:
"Part 1
17-6-90. (a) Any judicial officer authorized to hold a court of inquiry may, upon the information application of others under oath or upon his or her own motion, issue a warrant against notice to appear for a show cause hearing to any person in the county whose conduct is such as in the county is sufficient to justify the belief that the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed thereby. Upon the return of the warrant and upon Such show cause hearing shall be held within seven days of such application or motion. Upon sufficient cause being shown, the court may require from the person a bond with sureties for such person's good behavior until the next term of the superior court of the county or with reasonable conditions to ensure the safety of persons or property in the county or the preservation of the peace of the county for a period of up to six months, whichever is greater. Any person against whom a warrant issues must, within 24 hours, be brought for a hearing before the court which issued the warrant or be released on bond by the sheriff, the amount and reasonable conditions of such bond to be set by the court which issued the warrant. (b) All bonds posted under this Code section shall be returnable in the court which issued the warrant required the bond and shall be amendable in the court's discretion. Within seven days after being released on bond by the sheriff, the person shall be entitled to a hearing before the court which issued the warrant. The court may, on its own motion, require a hearing. (c) If it is determined at a hearing that there was not sufficient cause for the warrant to have been issued a hearing to have been held, the affiant who caused the warrant bond to be issued imposed shall pay all court costs. (d) At the time of or at any time after the filing of an application as provided in subsection (a) of this Code section, the judicial officer may, in his or her sound

3620

JOURNAL OF THE HOUSE

discretion, issue an order of arrest for the person or persons named in the application if the sworn allegations regarding the conduct of such person or persons is sufficient to justify the belief that there is imminent danger of injury to any person in the county, damage to any property in the county, or disturbance of the peace of the county. Upon the arrest of such person, a hearing as provided in subsection (a) of this Code section shall be held within 24 hours; otherwise, such person shall be released on bond with sureties and reasonable conditions for his or her good behavior until a hearing can be held. (e) As used in this Code section, the term 'county' means the county in which the judicial officer is authorized to hold a court of inquiry.
17-6-91. A person may require a bond for good behavior against the spouse of such person.
17-6-92. For a violation of a bond posted pursuant to Code Section 17-6-90, an action may be brought at the instance of any person in the county. The recovery on the bond shall be paid to the person bringing the action.
17-6-93 17-6-91. A bond for good behavior posted pursuant to Code Section 17-6-90 may be extended from term to term by the superior or state court, as the case may be, or for additional 60 day periods for a period of six months by the court which issued the warrant, whichever is greater, in its discretion required the bond. The sureties on the bond shall have the privilege of surrendering their principal as in other cases of bail.
17-6-94 17-6-92. Upon oral or written complaint by the injured party or upon motion by the prosecuting attorney, the court may, in its discretion, issue a rule for contempt against a party who violates the bond posted pursuant to Code Section 17-6-90. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may, in addition to the remedy provided in Code Section 17-6-92, impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the violation of the bond was provoked or brought about by the conduct of the prosecuting witness, the witness, after notice and the opportunity for a hearing, may be ruled for contempt of court and sentenced as provided by law."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Weldon of the 3rd moved that the House agree to the Senate substitute to HB 146.

MONDAY, MARCH 25, 2013

3621

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas
Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 168, nays 1.

The motion prevailed.

HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th:

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 revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for

3622

JOURNAL OF THE HOUSE

shooting preserves; to create a lifetime shooting preserve license; 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 Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the use of suppressors on hunting firearms under certain circumstances; to provide for suspension of hunting privileges for persons who are convicted of hunting without landowner permission, hunting in an area that is closed to hunting, or hunting big game out of season or at night with a suppressor equipped firearm; to revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to grant registered boat owners a three-day hunting and fishing license as part of the registration fee; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, as follows:
"27-3-4. (a) It shall be unlawful to hunt wildlife with any weapon, except that:
(1) Longbows, recurve bows, crossbows, and compound bows may be used for taking small game, feral hogs, or big game. Arrows for hunting deer, bear, and feral hogs must be broadhead type; (2) During primitive weapon hunts or primitive weapons seasons:
(A) Longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; and (B) Youth under 16 years of age may hunt deer with any firearm legal for hunting deer; (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading firearms of .44 caliber or larger, and center-fire firearms .22 caliber or larger; provided, however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Bullets used in all center-fire rifles and handguns must be of the expanding type;

MONDAY, MARCH 25, 2013

3623

(4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 caliber or smaller rimfire firearms, air rifles, muzzleloading firearms, longbows, recurve bows, crossbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species;
(5)(A) For hunting deer, feral hogs, and bear, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (B) For hunting all other game animals, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading firearms, longbows, crossbows, recurve bows, or compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00; (7) Weapons for hunting alligators shall be limited to hand-held ropes or snares, snatch hooks, harpoons, gigs, or arrows with restraining lines attached. Lawfully restrained alligators may be killed with any caliber handgun or bangstick and shall be killed immediately before transporting; (8) There are no firearms restrictions for taking nongame animals or nongame birds; and (9) The use of silencers for hunting within this state is prohibited Any firearm otherwise authorized for use in the hunting or taking of game may be equipped with a suppressor, provided that the user is authorized to possess such suppressor and he or she has registered the suppressor in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862). For the purposes of this paragraph, the term 'suppressor' means any device for quieting or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive. (b) The hunting privileges of any person who has been convicted of violating the provisions of this title or any rule or regulation promulgated pursuant thereto by hunting without landowner permission, hunting in an area that is closed for hunting, or by hunting big game out of season or at night with a firearm equipped with a suppressor shall be suspended for three years."

3624

JOURNAL OF THE HOUSE

SECTION 2. Said title is further amended by revising Article 4 of Chapter 3, relating to shooting preserves, as follows:
"ARTICLE 4
27-3-110. (a) It shall be unlawful for any person to release pen raised game birds, except as provided in Code Section 27-2-14, unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year. (b) An application for a shooting preserve license shall be submitted on a form furnished by the department and shall contain the following:
(1) The applicant's name and address; (2) A detailed description of the proposed activities and operations on the shooting preserve; (3) The location and description of the premises of the preserve; and (4) Such other information as may be necessary in order for the department to evaluate the application properly. (c) No shooting preserve license shall be issued unless the following conditions are met: (1) The land to comprise the preserve must consist of not more than 1,000 acres and not less than 100 contiguous acres and must be owned or leased by the applicant. If the land is under lease to the applicant, the lease shall be for a term of not less than one year from the date of application, and the such lease shall be subject to inspection and approval by the department; (2) The boundary lines of the premises must be marked by signs located not more than 400 feet apart, indicating that they are the boundary line signs, in letters not less than two inches in height, and shall further indicate that the premises are posted as against trespassing; and (3) If the applicant intends to allow the shooting of bobwhite quail or ducks, or both, the applicant must show that the preserve has or will have a minimum of 1,000 quail, if quail are to be shot, or 200 ducks, if ducks are to be shot, or a minimum of 1,000 quail and 200 ducks, if both quail and ducks are to be shot. Such birds must be on the preserve at the time of application; or the applicant must show that he has a binding contract for such number of birds, which birds shall be released before or during the season for hunting on the proposed shooting preserve. As a condition of holding a shooting preserve license issued pursuant to this Code section, the owner of the shooting preserve, or his or her lessee or agent, shall, prior to allowing any person to hunt on such shooting preserve:
(A) Confirm that such person has either completed a hunter education course as prescribed in Code Section 27-2-5; or

MONDAY, MARCH 25, 2013

3625

(B) Provide such person with hunter education instruction that, at minimum, demonstrates techniques for proper firearm handling, unloading, and safety.
27-3-111. (a) It shall be unlawful to remove any pen raised game bird from a shooting preserve unless the bird has a tag on it showing the date the bird was taken and the shooting preserve license number unless accompanied by the contact information of the preserve from which it was taken. (b) It shall also be unlawful to release on a shooting preserve any mallard or black duck unless the such duck is a pen raised mallard or black duck. (c) It shall also be unlawful for a licensee under this article to fail to maintain a complete record of all pen raised game birds propagated, released, or taken on the preserve or to fail to furnish to allow the department a copy of the records within 60 days after the end of the hunting season on the preserve access to such records during all regular business hours. (d) It shall also be unlawful for any such licensee to fail to notify the department within 24 hours of the diagnosis of any epizootic disease of any pen raised game bird on the preserve, including unreleased stock.
27-3-112. (a) It shall be unlawful to hunt pen raised game birds, other than ring-necked pheasants, on a shooting preserve except between October 1 and March 31 of the following year, and except from one-half hour before sunrise to sunset. (b) It shall also be unlawful to exceed the daily or season bag limits prescribed by law or regulation for any game bird or game animal, provided that there shall be no bag limits for pen raised game birds. (c) It shall also be unlawful to hunt on a shooting preserve any game bird or game animal except during the open season for such game bird or game animal as prescribed by law or regulation; provided, however, that it shall be lawful to hunt bobwhite quail between October 1 and March 31 of the following year; provided, further, that it shall be lawful to hunt any other pen raised game bird between October 1 and March 31 of the following year when prior approval has been obtained from the department.
27-3-113. It shall be unlawful for any person to propagate, possess, or release on any shooting preserve any bird or wildlife or wild animal except bobwhite quail, chukar or redlegged partridge, coturnix or Japanese quail, pheasant, mallard, and black duck pen raised game birds unless the person has received prior written approval from the department. Importation of any bird or wildlife or wild animal for purposes of propagation, possession, or release on a shooting preserve shall be in conformance with the requirements of Article 3 of this chapter regarding transportation of wildlife, the requirements of Code Section 27-2-11 regarding game species, and the requirements of Chapter 5 of this title regarding wild animals.

3626

JOURNAL OF THE HOUSE

27-3-114. (a) Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any resident or nonresident to hunt pen raised game birds on or fish in any private or state waters within the boundaries of such a preserve with a shooting preserve hunting license as provided in Code Section 27-223; and provided, further, that it shall be lawful for any person to hunt pen raised game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23. (b) The requirements of subsection (b) of Code Section 27-2-5 shall not apply to any person hunting pen raised game birds on a properly licensed shooting preserve, provided such person has received hunter education instruction that, at minimum, demonstrates techniques for proper firearm handling, unloading, and safety.
27-3-115. (a) The department is authorized to make and enter into agreements with properly licensed shooting preserves for the purpose of issuance and sale of shooting preserve hunting licenses. (b) Notwithstanding the provisions of subsection (b) of Code Section 27-2-5, a shooting preserve authorized by the department pursuant to subsection (a) of this Code section may sell shooting preserve hunting licenses so long as such shooting preserve meets the requirements of subsection (c) of Code Section 27-3-110. The department may authorize a shooting preserve to issue temporary paper copies of shooting preserve hunting licenses to be used on such shooting preserve for one hunting season. Such paper copy shall satisfy the requirements of Code Section 27-2-1. (c) Notwithstanding any other law to the contrary, the department shall not disclose any shooting preserve hunting license record which was lawfully purchased from a properly licensed shooting preserve and which reveals the name, home address, home telephone number, or social security number of the license holder unless written consent from the owner or lessee of such shooting preserve is obtained."
SECTION 3. Said title is further amended in Code Section 27-1-2, relating to definitions relative to game and fish, by revising paragraph (48) as follows:
"(48) 'Pen raised game birds bird' means game birds any bobwhite quail, chukar or red-legged partridge, coturnix or Japanese quail, ring-necked pheasant, mallard duck, or black duck which are is raised in captivity and are is more than two generations removed from the wild."
SECTION 4. Said title is further amended in Code Section 27-2-3.1, relating to hunting and sportsman's licenses, by revising paragraph (1) of subsection (f) as follows:

MONDAY, MARCH 25, 2013

3627

"(f)(1) Lifetime sportsman's licenses and fees for residents shall be as follows: (A) Type I (Infant), available only to those individuals under two years of age: $200.00; (B) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00; (C) Type A (Adult), available to those individuals 16 years of age or older: $500.00; (D) Type SD (Senior Discount), available to those individuals 60 years of age or older: $95.00; (E) Type S (Senior), available to those individuals 65 years of age or older: no charge; and (F) Type V (Veterans), available only to those individuals who served more than 90 days of federal active duty military service and were honorably discharged: eighty 80 percent of the amount of the fee specified for Type A lifetime sportsman's licenses in subparagraph (C) of this paragraph.; and (G) Type SP (Shooting Preserve), available to any individual, resident or nonresident, and which entitles the holder to hunt pen raised game birds and fish in any private or state waters within the boundaries of a properly licensed shooting preserve: $75.00."
SECTION 5. Said title is further amended in Code Section 27-2-23, relating to license, permit, tag, and stamp fees, by repealing subparagraph (I) of paragraph (8) and designating said subparagraph as reserved.
SECTION 6. Said title is further amended in Code Section 27-2-1, relating to general license requirements for hunting, trapping, and fishing, by revising subsection (b) as follows:
"(b) It shall be unlawful for any resident of this state who has attained the age of 16 years to hunt, fish in the waters of this state, or trap without a valid hunting license, fishing license, or trapping license, respectively, as provided in Code Section 27-2-23, except on premises owned by him or her or his or her immediate family; provided, however, that the resident owner of any vessel with a valid registration in accordance with Code Section 52-7-5 shall have, as part of the registration fee for such vessel, a paid three-day resident hunting and fishing license that begins on such owner's date of birth and extends two consecutive days thereafter in accordance with the requirements of this title and as otherwise specified by the department. It shall be unlawful for any resident of this state to hunt, fish, or trap in this state without carrying such license upon his or her person, except on premises owned by him or her or his or her immediate family and except when otherwise specifically directed by authorized personnel of the department."

3628

JOURNAL OF THE HOUSE

SECTION 7. This Act shall become effective on July 1, 2013.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Knight of the 130th, Burns of the 159th, and Roberts of the 155th offer the following amendment:

Amend HB 155 (HB 155/SCSFA/2) by striking lines 1 through 5 and inserting in lieu thereof the following: To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to revise provisions

By striking lines 14 through 72 and inserting in lieu thereof the following: revising Article 4 of Chapter 3, relating to shooting preserves, as follows:

Representative Knight of the 130th moved that the House agree to the Senate substitute, as amended by the House, to HB 155.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley

Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S

MONDAY, MARCH 25, 2013

3629

Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 169, nays 1.

The motion prevailed.

HB 209. By Representatives Watson of the 166th, Stephens of the 164th, Parrish of the 158th, Cooper of the 43rd, Broadrick of the 4th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; to revise requirements relating to use of security paper; 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 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to add and revise definitions; to revise requirements for license transfers for pharmacists licensed in another jurisdiction; to revise provisions relating to dispensing prescription drugs; to revise requirements for the use of security paper for hard copy prescription drug orders; to revise provisions relating to compounding drug products; to enable nonresident pharmacy permits; to amend Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, so as to revise the definition of "dispenser" relative to information to include for each Schedule II, III, IV, or V controlled substance prescription; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3630

JOURNAL OF THE HOUSE

SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraphs (4) and (38.5) and adding a new paragraph to Code Section 26-4-5, relating to definitions, as follows:
"(4) 'Compounding' means the preparation, mixing, assembling, packaging, or labeling of a drug or device by a pharmacist or pharmacy licensed or registered by the board or by a practitioner in compliance with rules established by the board regarding pharmaceutical compounding:
(A) As as the result of a practitioner's prescription drug order or initiative for a specific patient based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice; (B) For use by a practitioner in the administration of a dangerous drug or controlled substance to a patient in his or her professional practice office or setting; (C) For use within the hospital or health system in which the pharmacy is located or in which the practitioner or pharmacist practices or for use within clinics or other entities owned or operated by such hospital or health system; or (D) For for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing. Compounding also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine and regularly observed prescribing patterns." "(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.; or 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. (B) A prescription pad or paper that is an approved prescription pad or paper of the Centers for Medicare and Medicaid Services on January 1, 2013." "(40.5) 'USP-NF' means the United States Pharmacopeia and National Formulary."
SECTION 2. Said chapter is further amended by revising paragraph (7) of subsection (a) of Code Section 26-4-42, relating to license transfers for pharmacists licensed in another jurisdiction, as follows:

MONDAY, MARCH 25, 2013

3631

"(7) Have successfully passed an examination examinations as determined by the board, one of which shall include an examination on Georgia pharmacy law and board regulations; and"
SECTION 3. Said chapter is further amended by revising subsection (b) and subparagraph (c)(7)(B) of Code Section 26-4-80, relating to dispensing prescription drugs, 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. A pharmacist shall have the same corresponding liability for prescriptions as an issuing practitioner as set forth in 21 C.F.R. Part 1304 as such regulation exists on January 1, 2013. Valid prescription drug orders shall include those issued by a physician, dentist, podiatrist, veterinarian, or other person licensed, registered, or otherwise authorized under the laws of this state, or of any state or territory of the United States, to prescribe dangerous drugs or controlled substances or both."
"(B) The rules established pursuant to subparagraph (A) of this paragraph shall specifically authorize hospital pharmacies to use remote order entry when:
(i) The licensed pharmacist is not physically present in the hospital, the hospital pharmacy is closed, and a licensed pharmacist will be physically present in the hospital pharmacy within 16 24 hours; or (ii) When at At least one licensed pharmacist is physically present in the hospital pharmacy and at least one other licensed pharmacist is practicing pharmacy in the hospital but not physically present in the hospital pharmacy; or (iii) At least one licensed pharmacist is physically present in a hospital within this state which remotely serves only on weekends another hospital or hospitals under the same ownership or management which have an average daily census of less than ten acute patients."
SECTION 4. 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 shall 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

3632

JOURNAL OF THE HOUSE

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 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."
SECTION 5. Said chapter is further amended by revising Code Section 26-4-86, relating to compounding of medications, as follows:
"26-4-86. (a) The board may shall establish rules and regulations governing the compounding and distribution of drug products of medication by pharmacists, practitioners, and pharmacies licensed or registered by in this state. Such rules and regulations shall include provisions ensuring compliance with USP-NF standards. (b) All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title. (c) In regards to pharmacists compounding sterile drugs to be provided to practitioners to use in patient care or altering or repackaging such drugs for practitioners to use in patient care in the practitioner's office, such sterile compounding shall only be conducted as allowed by applicable federal law and board rule for pharmaceutical compounding using USP-NF standards for sterile compounding. Such sterile drugs may be compounded only in quantities determined by board rule following consultation with the Georgia Composite Medical Board. No Schedule II, III, IV, or V controlled

MONDAY, MARCH 25, 2013

3633

substance, as defined in Article 2 of Chapter 13 of Title 16, shall be eligible for such designation. Nothing in this subsection shall be construed to apply to pharmacies owned or operated by institutions or to pharmacists or practitioners within or employed by an institution or affiliated entity; provided, however, that pharmacies owned or operated by institutions and pharmacists and practitioners within or employed by institutions or affiliated entities shall remain subject to other rules and regulations established by the board governing the compounding of medication. (d) Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding."
SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 26-4-88, relating to restrictions on dispensing of medicines, drugs, or poisons, as follows:
"(b) Except as otherwise required pursuant to Code Section 26-4-86, this This chapter shall not apply to practitioners of the healing arts prescribing, compounding their own prescriptions, or dispensing drugs or medicines except as provided in Code Section 264-130."
SECTION 7. Said chapter is further amended by revising paragraph (3) of Code Section 26-4-112, relating to occurrences which require immediate notification to board, as follows:
"(3) Change of the pharmacist in charge of a licensed pharmacy. If upon the board being notified of such change a replacement pharmacist in charge is not named in said notification, the license of that pharmacy shall stand suspended pending further findings by the board;"
SECTION 8. Said chapter is further amended by adding a new Code section to read as follows:
"26-4-114.1. (a) Any person, pharmacy, or facility located outside this state may apply to the board for a nonresident pharmacy permit which shall entitle the holder thereof to ship, mail, or deliver dispensed drugs, including but not limited to dangerous drugs and controlled substances, into this state. The board shall establish an application and require such information as the board deems reasonably necessary to carry out a background investigation of applicants and to ensure that the purposes of this Code section are met. Such application shall include:
(1) Proof of a valid, unexpired license, permit, or registration to operate a pharmacy in compliance with the laws and rules of each state in which the applicant receives and dispenses prescription drug orders, including but not limited to orders for prescription drugs, dangerous drugs, and controlled substances; (2) Addresses, names, and titles of all principal corporate officers and the pharmacist in charge of dispensing drugs to residents of this state; and

3634

JOURNAL OF THE HOUSE

(3) A statement of whether the applicant is in compliance with all lawful directions and requests for information from the regulatory or licensing agencies of each state in which the applicant is licensed as well as all requests for information made by the board pursuant to this Code section. (b) The board shall establish by rule an application fee and the biennial renewal fee for a permit under this Code section. (c) The board may only deny an application for a nonresident pharmacy permit for failure to comply with rules of the board or any requirements of this Code section or for good cause related to substantial evidence of misfeasance or malfeasance by the applicant. Applicants granted a permit under this Code section shall provide pharmacy care in a manner which does not endanger life and protects the health, safety, and welfare of the residents of this state. A pharmacy, facility, or entity licensed under Title 33 shall not be required to hold a nonresident pharmacy permit. (d) After an effective date established by rule of the board for the enforcement of the nonresident pharmacy permits, it shall be unlawful for any person, pharmacy, or facility that is located outside this state and that does not possess a nonresident pharmacy permit to ship, mail, or deliver prescription drug orders or to advertise its services in this state, or for any person who is a resident of this state to advertise the services of such person, pharmacy, or facility with the knowledge that the advertisement will or is likely to induce residents of this state to use such person, pharmacy, or facility for pharmacy care. Nothing in this subsection shall be construed to limit or prohibit interstate commerce, including but not limited to the practice of pharmacy by mail. (e) The board shall have the authority to promulgate rules and regulations governing the holder of a nonresident pharmacy permit under this Code section. Such rules and regulations shall minimally include the following requirements for nonresident pharmacy permit holders: (1) A permit holder's pharmacist in charge of dispensing drugs to residents of this state shall be licensed in his or her state of location; (2) A permit holder shall provide written notification to the board within ten days of any change of a permit holder's principal corporate officers or pharmacist in charge of dispensing drugs to residents of this state; (3) A permit holder shall file a change of location application upon any change to the permit holder's state of registration in addition to proof of the license, permit, or registration from the permit holder's new state of registration and the United States Drug Enforcement Administration registration for such new location; (4) A permit holder shall respond within ten calendar days to all communications from the board concerning emergency circumstances arising from errors in the dispensing of any drugs to residents of this state; (5) A permit holder shall provide written notification to the board of each location at which the permit holder maintains its records for all prescription drug orders dispensed to patients in this state so that the records are readily retrievable from the business records of the permit holder; and

MONDAY, MARCH 25, 2013

3635

(6) A permit holder shall maintain a toll-free telephone number operational during the permit holder's regular hours of operation but not less than six days per week for a minimum of 60 hours per week that shall be used to provide and facilitate patient counseling. Such toll-free number shall be capable of receiving inbound calls from patients to the permit holder and shall be disclosed on the label affixed to each container of all dispensed and distributed drugs. (f) The board may revoke, suspend, or refuse to renew a permit of a permit holder for failure to comply with rules of the board or with any requirement of this Code section or for conduct which causes serious bodily or psychological injury to a resident of this state, provided that the board has referred the matter involving the conduct to the regulatory or licensing agency in the state in which the permit holder is located and the regulatory or licensing agency fails to initiate an investigation into the matter within 180 days of such referral or fails, in the board's judgment, to render sufficient resolution. (g)(1) As a prerequisite to registering or renewing a registration with the board, a nonresident pharmacy conducting sterile or nonsterile compounding for practitioners to use in patient care in the practitioner's office shall submit a copy of the most recent and current inspection report resulting from an inspection conducted by the regulatory or licensing agency of the jurisdiction in which it is located that indicates compliance with the requirements of this chapter, including compliance USP-NF standards for pharmacies performing sterile and nonsterile compounding. The inspection report required by this subsection shall not be required if the compounding within the facility is done pursuant to a prescription. Such inspection report shall be deemed current for the purpose of this subsection if the inspection was conducted:
(A) No more than six months prior to the date of submission of an application for registration with the board; or (B) No more than two years prior to the date of submission of an application for renewal of a registration with the board. (2) If the nonresident pharmacy conducting sterile or nonsterile compounding has not been inspected by the regulatory or licensing agency of the jurisdiction in which it is located within the timeframes required in paragraph (1) of this subsection, the board may: (A) Accept an inspection report or other documentation from another entity that is satisfactory to the board; or (B) Make a request of the appropriate regulatory or licensing agency of the jurisdiction where the pharmacy is located to cause an inspection to be conducted by an agent duly authorized by the board. A nonresident pharmacy shall be responsible for paying any inspection fee incurred pursuant to this paragraph."

3636

JOURNAL OF THE HOUSE

SECTION 9. Said chapter is further amended by revising subsection (b) of Code Section 26-4-130, relating to dispensing drugs, compliance with labeling and packaging requirements, records available for inspection by board, and renewal of licenses, as follows:
"(b) Except as otherwise required pursuant to Code Section 26-4-86, the The other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-23 shall have the meaning provided for such term in Code Section 4334-23. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-23 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 43-34-23. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-23, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section."

SECTION 10. Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, is amended by revising Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription, by adding a new subsection to read as follows:
"(g) For purposes of this Code section, the term 'dispenser' shall include any pharmacy or facility physically located in another state or foreign country that in any manner ships, mails, or delivers a dispensed controlled substance into this state."

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 166th moved that the House agree to the Senate substitute to HB 209.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M

MONDAY, MARCH 25, 2013

3637

Beasley-Teague Y Bell N Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dollar Y Douglas N Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parrish Y Parsons E Peake Y Pezold
Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 166, nays 5.

The motion prevailed.

HB 235. By Representatives Ehrhart of the 36th and Meadows of the 5th:

A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; 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 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for

3638

JOURNAL OF THE HOUSE

continuing education requirements for persons practicing optometry who are 65 years of age or older; 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 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended in Code Section 43-30-1, relating to definitions, by revising paragraph (2) as follows:
"(2)(A) 'Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than surgery. The practice of optometry further consists of the correction of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than surgery. Optometrists are prohibited from using nondiagnostic lasers. Nothing in this chapter shall prohibit the use, administration, or prescription of pharmaceutical agents for diagnostic purposes and treatment of ocular disease in the practice of optometry by optometrists who have received pharmacological training and certification from a properly accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who:
(i) Is already certified for using pharmaceutical agents for diagnostic purposes; (ii) Has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases; (iii) Is certified in coronary pulmonary resuscitation (CPR); and (iv) Maintains at least $1 million in malpractice insurance coverage shall be certified to use pharmaceutical agents for treatment purposes. (B) The board shall establish by rule a list, which may be modified from time to time, of pharmaceutical agents which optometrists shall be allowed to use for treatment purposes. (C) A doctor of optometry shall not administer any pharmaceutical agent by injection. (D) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered orally may only be:
(i)(I) Nonnarcotic oral analgesics and hydrocodone and Schedule III or Schedule IV controlled substances which are oral analgesics; (II) Used for ocular pain; and

MONDAY, MARCH 25, 2013

3639

(III) Used for no more than 72 hours without consultation with the patient's physician; provided, however, that with respect to hydrocodone, used for no more than 48 hours without consultation with the patient's physician; or (ii) Oral and topical antibiotics, Antibiotics, antivirals, topical steroids corticosteroids, antifungals, antihistamines, or antiglaucoma agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I or Schedule II controlled substances; provided, however, that a doctor of optometry shall not be authorized to administer pharmaceutical agents by injection. Doctors of optometry using such oral and topical pharmaceutical agents shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases. (E) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered topically shall be subject to the following conditions only when used for the treatment of glaucoma: (i) If the pharmaceutical agent is a beta blocker, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year. If the patient has not had such a physical examination or if the patient has any history of congestive heart failure, bradycardia, heart block, asthma, or chronic obstructive pulmonary disease, that patient must be referred to a person licensed under Chapter 34 of this title for examination prior to initiating beta blocker therapy; (ii) If the glaucoma patient does not respond to the topically administered pharmaceutical agents after 60 days of treatment, that patient must be referred to an ophthalmologist; and (iii) If the patient is diagnosed as having closed angle glaucoma, the patient shall be immediately referred to an ophthalmologist; and (iv) If the pharmaceutical agent is oral corticosteroids, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year and must not prescribe oral corticosteroids for a patient with any condition for which oral corticosteroids are contraindicated, and in no event shall such oral corticosteriods be prescribed for more than 14 days. (F) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts. (G) Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a misdemeanor unless a greater penalty is otherwise provided by law. (H) Nothing in this chapter shall be construed to allow a doctor of optometry to dispense pharmaceutical agents to patients."

3640

JOURNAL OF THE HOUSE

SECTION 2. Said chapter is further amended in Code Section 43-30-8, relating to biennial registration, educational programs for optometrists, forfeiture of certificate upon failure to comply, and reinstatement of certificate, by revising subsection (b) as follows:
"(b) The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all persons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hardship. Continuing education requirements fixed by the board pursuant to this chapter shall not apply to persons practicing optometry who are 65 or more years of age."

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 235.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J

Y Sims, C Y Smith, E
Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley

MONDAY, MARCH 25, 2013

3641

Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 168, nays 0.

The motion prevailed.

HB 242. By Representatives Willard of the 51st, Coomer of the 14th, Hatchett of the 150th, Nimmer of the 178th, Oliver of the 82nd and others:

A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the O.C.G.A., relating to classification and separation of inmates generally; to amend Chapter 4A of Title 49 of the O.C.G.A., relating to the Department of Juvenile Justice; to amend the O.C.G.A., so as to conform provisions to the new Chapter 11 of Title 15 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 Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for purpose statements; to provide for definitions; to provide for general provisions; to provide for juvenile court

3642

JOURNAL OF THE HOUSE

administration; to provide for dependency proceedings; to provide for venue; to provide for taking children into care; to provide for preliminary protective hearings; to provide for petitions alleging dependency; to provide for summons and service; to provide for preadjudication procedures; to provide for adjudication; to provide for predisposition social study; to provide for family reunification determinations; to provide for disposition of dependent children; to provide for permanency plan hearings for dependent children; to provide for permanent guardianship; to provide for termination of parental rights; to provide for petitions to terminate parental rights and summons; to provide for hearings on such petitions; to provide for grounds for terminating parental rights; to provide for disposition of children whose parental rights have been terminated; to provide for children in need of services; to provide for formal court proceedings for children in need of services; to provide for preadjudication custody and release of children in need of services; to provide for a petition seeking an adjudication that a child is a child in need of services; to provide for adjudication, disposition, and reviews; to provide for a permanency plan for children in need of services; to provide for children with mental health issues; to provide for delinquency; to provide for custody and release of a child including the use of detention assessments; to provide for intake and arraignment; to provide for informal adjustment; to provide for a petition alleging delinquency and summons; to provide for preadjudication procedures for delinquency proceedings; to provide for transfers to superior court; to revise designated felony acts; to provide for adjudication of delinquency; to provide for predisposition investigation and risk assessments; to provide for disposition hearings for delinquent children; to provide for permanency plans for delinquent children; to provide for traffic offenses; to prohibit secure confinement under certain circumstances; to provide for competency in delinquency cases; to provide for parental notification of abortions; to provide for access to hearings and records; to provide for emancipation of minors; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally and the placement of inmates, so as to provide for the detention of children in the Department of Corrections under certain circumstances; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as change provisions relating to the duties of the Board of Juvenile Justice; to change provisions relating to the duties of the DJJ; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I JUVENILE CODE
SECTION 1-1.

MONDAY, MARCH 25, 2013

3643

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Chapter 11, relating to juvenile proceedings, in its entirety as follows:
"CHAPTER 11 ARTICLE 1
15-11-1. The purpose of this chapter is to secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure his or her moral, emotional, mental, and physical welfare as well as the safety of both the child and community. It is the intent of the General Assembly to promote a juvenile justice system that will protect the community, impose accountability for violations of law, provide treatment and rehabilitation, and equip juvenile offenders with the ability to live responsibly and productively. It is the intent of the General Assembly to preserve and strengthen family relationships, countenancing the removal of a child from his or her home only when state intervention is essential to protect such child and enable him or her to live in security and stability. In every proceeding, this chapter seeks to guarantee due process of law, as required by the Constitutions of the United States and the State of Georgia, through which every child and his or her parent and all other interested parties are assured fair hearings at which legal rights are recognized and enforced. Above all, this chapter shall be liberally construed to reflect that the paramount child welfare policy of this state is to determine and ensure the best interests of its children.
15-11-2. As used in this chapter, the term:
(1) 'Abandonment' or 'abandoned' means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo parental duties or relinquish parental claims may be evidenced by:
(A) Failure, for a period of at least six months, to communicate meaningfully with a child; (B) Failure, for a period of at least six months, to maintain regular visitation with a child; (C) Leaving a child with another person without provision for his or her support for a period of at least six months; (D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite a child's parent, guardian, or legal custodian with his or her child; (E) Leaving a child without affording means of identifying such child or his or her parent, guardian, or legal custodian and:
(i) The identity of such child's parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and

3644

JOURNAL OF THE HOUSE

(ii) A parent, guardian, or legal custodian has not come forward to claim such child within three months following the finding of such child; (F) Being absent from the home of his or her child for a period of time that creates a substantial risk of serious harm to a child left in the home; (G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or (H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims. (2) 'Abuse' means: (A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of a child; (B) Emotional abuse; (C) Sexual abuse or sexual exploitation; (D) Prenatal abuse; or (E) The commission of an act of family violence as defined in Code Section 19-131 in the presence of a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this subparagraph, the term 'presence' means physically present or able to see or hear. (3) 'Adult' means any individual who is not a child as defined in paragraph (10) of this Code section. (4) 'Affiliate court appointed special advocate program' means a locally operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interests of an abused or neglected child in dependency proceedings. (5) 'Aggravated circumstances' means the parent has: (A) Abandoned an infant; (B) Attempted, conspired to attempt, or has subjected a child or his or her sibling to death or great bodily harm; (C) Attempted, conspired to attempt, or has subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual exploitation; or (D) Committed the murder or voluntary manslaughter of his or her child's other parent or has been convicted of aiding or abetting, attempting, or soliciting the murder or voluntary manslaughter of his or her child's other parent. (6) 'Biological father' means the male who impregnated the biological mother resulting in the birth of a child. (7) 'Business day' means Mondays through Fridays and shall not include weekends or legal holidays. (8) 'Caregiver' means any person providing a residence for a child or any person legally obligated to provide or secure adequate care for a child, including his or her parent, guardian, or legal custodian.

MONDAY, MARCH 25, 2013

3645

(9) 'Case plan' means a plan which is designed to ensure that a child receives protection, proper care, and case management and may include services for a child, his or her parent, guardian, or legal custodian, and other caregivers. (10) 'Child' means any individual who is:
(A) Under the age of 18 years; (B) Under the age of 17 years when alleged to have committed a delinquent act; (C) Under the age of 22 years and in the care of DFCS; (D) Under the age of 23 years and eligible for and receiving independent living services through DFCS; or (E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court. (11) 'Child in need of services' means: (A) A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is adjudicated to be:
(i) Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant, as such term is defined in Code Section 15-11381, from school; (ii) Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances; (iii) A runaway, as such term is defined in Code Section 15-11-381; (iv) A child who has committed an offense applicable only to a child; (v) A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of 12:00 Midnight and 5:00 A.M.; (vi) A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or (vii) A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his or her parent, guardian, or legal custodian, or who possesses alcoholic beverages; or (B) A child who has committed a delinquent act and is adjudicated to be in need of supervision but not in need of treatment or rehabilitation. (12) 'Class A designated felony act' means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes: (A) Aggravated assault in violation of paragraph (1) or (3) of subsection (a) or subsection (c), (d), (e), (i), or (l) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, actually does result in serious bodily injury; (B) Aggravated battery; (C) Armed robbery not involving a firearm; (D) Arson in the first degree;

3646

JOURNAL OF THE HOUSE

(E) Attempted murder; (F) Escape in violation of Code Section 16-10-52, if such child has previously been adjudicated to have committed a class A designated felony act or class B designated felony act; (G) Hijacking a motor vehicle; (H) Kidnapping; (I) Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4; (J) Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1; (K) Any other act which, if committed by an adult, would be a felony in violation of Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for delinquent acts all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; or (L) Any other act which, if committed by an adult, would be a felony, if such child has three times previously been adjudicated for delinquent acts all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16 and one of which, if committed by an adult, would have been a felony in violation of Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location. (13) 'Class B designated felony act' means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes: (A) Aggravated assault in violation of subsection (f), (g), or (j) of Code Section 165-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, would be likely to result in serious bodily injury but which did not result in serious bodily injury; (B) Arson in the second degree; (C) Attempted kidnapping; (D) Battery in violation of Code Section 16-5-23.1, if the victim is a teacher or other school personnel; (E) Racketeering in violation of Code Section 16-14-4; (F) Robbery; (G) Participating in criminal gang activity, as defined in subparagraph (H) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4; (H) Smash and grab burglary; (I) Possessing, manufacturing, transporting, distributing, possessing with the intent to distribute, or offering to distribute a destructive device in violation of Code Section 16-7-82;

MONDAY, MARCH 25, 2013

3647

(J) Distributing certain materials to persons under the age of 21 in violation of Code Section 16-7-84; (K) Any subsequent violation of Code Sections 16-8-2 through 16-8-5 or 16-8-5.2 through 16-8-9, if the property which was the subject of the theft was a motor vehicle and such child has had one or more separate, prior adjudications of delinquency based upon a violation of Code Sections 16-8-2 through 16-8-5 or 168-5.2 through 16-8-9, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (L) Any subsequent violation of Code Section 16-7-85 or 16-7-87, if such child has had one or more separate, prior adjudications of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (M) Any subsequent violation of subsection (b) of Code Section 16-11-132, if such child has had one or more separate, prior adjudications of delinquency based upon a violation of subsection (b) of Code Section 16-11-132, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (N) An act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or which is a first violation of Code Section 16-11-127.1 involving:
(i) A firearm, as defined in paragraph (2) of subsection (a) of Code Section 16-11131; (ii) A dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (iii) Any weapon, as defined in Code Section 16-11-127.1, together with an assault; or (O) Any other act which, if committed by an adult, would be a felony in violation of any chapter of Title 16 other than Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for delinquent acts, all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16 other than Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location. (14) 'Complaint' is the initial document setting out the circumstances that resulted in a child being brought before the court. (15) 'Court' means the juvenile court or the court exercising jurisdiction over juvenile matters. (16) 'Court appointed special advocate' or 'CASA' means a community volunteer who: (A) Has been screened and trained regarding child abuse and neglect, child development, and juvenile court proceedings;

3648

JOURNAL OF THE HOUSE

(B) Has met all the requirements of an affiliate court appointed special advocate program; (C) Is being actively supervised by an affiliate court appointed special advocate program; and (D) Has been sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. (17) 'Criminal justice purposes' means the performance of any activity directly involving: (A) The investigation, detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused of, convicted of, adjudicated of, or charged with crimes or delinquent acts; or (B) The collection, storage, and dissemination of criminal history record information. (18) 'DBHDD' means the Department of Behavioral Health and Developmental Disabilities. (19) 'Delinquent act' means: (A) An act committed by a child designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the act is not an offense applicable only to a child or a juvenile traffic offense; (B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudicated to have committed a delinquent act; or (C) Failing to appear as required by a citation issued for an act that would be a crime if committed by an adult. (20) 'Delinquent child' means a child who has committed a delinquent act and is in need of treatment or rehabilitation. (21) 'Department' means the Department of Human Services. (22) 'Dependent child' means a child who: (A) Has been abused or neglected and is in need of the protection of the court: (B) Has been placed for care or adoption in violation of law; or (C) Is without his or her parent, guardian, or legal custodian. (23) 'Detention assessment' shall have the same meaning as set forth in Code Section 49-4A-1. (24) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (25) 'Developmental level' is a child's ability to understand and communicate, taking into account such factors as age, maturity, mental capacity, level of education, cultural background, and degree of language acquisition. (26) 'DFCS' means the Division of Family and Children Services of the department.

MONDAY, MARCH 25, 2013

3649

(27) 'Diligent search' means the efforts of DFCS to identify and locate a parent whose identity or location is unknown or a relative or other person who has demonstrated an ongoing commitment to a child. (28) 'DJJ' means the Department of Juvenile Justice. (29) 'Emancipation' means termination of the rights of a parent to the custody, control, services, and earnings of a child. (30) 'Emotional abuse' means acts or omissions by a person responsible for the care of a child that cause any mental injury to such child's intellectual or psychological capacity as evidenced by an observable and significant impairment in such child's ability to function within a child's normal range of performance and behavior or that create a substantial risk of impairment, if the impairment or substantial risk of impairment is diagnosed and confirmed by a licensed mental health professional or physician qualified to render such diagnosis. (31) 'Evaluation' means a comprehensive, individualized examination of a child by an examiner that may include the administration of one or more assessment instruments, diagnosing the type and extent of a child's behavioral health disorders and needs, if any, making specific recommendations, and assessing a child's legal competencies. (32) 'Examiner' means a licensed psychologist, psychiatrist, or clinical social worker who has expertise in child development specific to severe or chronic disability of children attributable to intellectual impairment or mental illness and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both. (33) 'Fictive kin' means a person who is known to a child as a relative, but is not, in fact, related by blood or marriage to such child and with whom such child has resided or had significant contact. (34) 'Foster care' means placement in foster family homes, child care institutions, or another substitute care setting approved by the department. Such term shall exclude secure residential facilities or other facilities operated primarily for the purpose of detention of a child adjudicated for delinquent acts. (35) 'Guardian ad litem' means an individual appointed to assist the court in determining the best interests of a child. (36) 'Guardianship order' means the court judgment that establishes a permanent guardianship and enumerates a permanent guardian's rights and responsibilities concerning the care, custody, and control of a child. (37) 'Identification data' means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of a child. (38) 'Indigent person' means a person who, at the time of requesting an attorney, is unable without undue financial hardship to provide for full payment of an attorney and all other necessary expenses for representation or a child who is a party to a dependency proceeding. To determine indigence in a delinquency proceeding, the court shall follow the standards set forth in Chapter 12 of Title 17. (39) 'Informal adjustment' means the disposition of case other than by formal adjudication and disposition.

3650

JOURNAL OF THE HOUSE

(40) 'Judge' means the judge of the court exercising jurisdiction over juvenile matters. (41) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, DJJ staff member serving as an intake officer, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, who is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention. (42) 'Legal custodian' means:
(A) A person to whom legal custody of a child has been given by order of a court; or (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of such child has been given by order of a court. (43) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who: (A) Has legally adopted a child; (B) Was married to the biological mother of a child at the time such child was conceived or was born, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of a child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (D) Has been determined to be the father of a child by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; (E) Has legitimated a child by a final order pursuant to Code Section 19-7-22; or (F) Has legitimated a child pursuant to Code Section 19-7-22.1. (44) 'Legal mother' means the female who is the biological or adoptive mother of a child and who has not surrendered or had terminated her rights to such child. (45) 'Mediation' means the procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement. (46) 'Mediator' means a neutral third party who attempts to focus the attention of the parties upon their needs and interests rather than upon their rights and positions and who lacks the authority to impose any particular agreement upon the parties or to recommend any particular disposition of the case to the court. (47) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (48) 'Neglect' means: (A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child's physical, mental, or emotional health or morals;

MONDAY, MARCH 25, 2013

3651

(B) The failure to provide a child with adequate supervision necessary for such child's well-being; or (C) The abandonment of a child by his or her parent, guardian, or legal custodian. (49) 'Nonsecure residential facility' means community residential locations operated by or on behalf of DJJ and may include group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting. (50) 'Other persons who have demonstrated an ongoing commitment to a child' includes fictive kin and other individuals, including but not limited to neighbors, teachers, scout masters, caregivers, or parents of friends of such child and with whom such child has resided or had significant contact. (51) 'Parent' means either the legal father or the legal mother of a child. (52) 'Party' means the state, a child, parent, guardian, legal custodian, or other person subject to any judicial proceeding under this chapter; provided, however, that for purposes of Article 6 of this chapter, only a child and the state shall be a party. (53) 'Permanency plan' means a specific written plan prepared by DFCS designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute long-term home when return to such child's family is not possible or is not in such child's best interests. (54) 'Permanent placement' means: (A) Return of the legal custody of a child to his or her parent; (B) Placement of a child with an adoptive parent pursuant to a final order of adoption; or (C) Placement of a child with a permanent guardian. (55) 'Person responsible for the care of a child' means: (A) An adult member of a child's household; (B) A person exercising supervision over a child for any part of the 24 hour day; or (C) Any adult who, based on his or her relationship to the parent, guardian, or legal custodian or a member of a child's household, has access to such child. (56) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, as such term is defined in Code Section 1613-21, which results in: (A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite thereof in a newborn's body, blood, urine, or meconium that is not the result of medical treatment; or (B) Medically diagnosed and harmful effects in a newborn's physical appearance or functioning. (57) 'Probation and intake officer' means any probation officer and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this chapter, other than a juvenile court judge, associate juvenile court judge, or court service worker.

3652

JOURNAL OF THE HOUSE

(58) 'Probation officer' means any personnel of a juvenile court or staff of DJJ to whom are delegated the duties of a probation officer under this chapter, other than a juvenile court judge or associate juvenile court judge. (59) 'Prosecuting attorney' means an attorney designated by the district attorney of the judicial circuit in which juvenile proceedings are instituted, unless otherwise provided in subsection (c) of Code Section 15-18-6.1. (60) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9. (61) 'Reasonable efforts' means due diligence and the provision of appropriate services. (62) 'Relative' means a person related to a child by blood, marriage, or adoption, including the spouse of any of those persons even if the marriage was terminated by death or dissolution. (63) 'Restitution' means any property, lump sum, or periodic payment ordered to be made to any victim. Restitution may also be in the form of services ordered to be performed by a child. (64) 'Restrictive custody' means in the custody of DJJ for purposes of housing in a secure residential facility or nonsecure residential facility. (65) 'Risk assessment' shall have the same meaning as set forth in Code Section 494A-1. (66) 'Screening' means a relatively brief process to identify a child who potentially may have mental health or substance abuse needs, through administration of a formal screening instrument, to identify a child who may warrant immediate attention or intervention or a further, more comprehensive evaluation. (67) 'Secure residential facility' means a hardware secure residential institution operated by or on behalf of DJJ and shall include a youth development center or a regional youth detention center. (68) 'Services' means assistance including but not limited to care, guidance, education, counseling, supervision, treatment, and rehabilitation or any combination thereof. (69) 'Sexual abuse' means a caregiver or other person responsible for the care of a child employing, using, persuading, inducing, enticing, or coercing any child to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) The condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;

MONDAY, MARCH 25, 2013

3653

(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure by a licensed health care professional. (70) 'Sexual exploitation' means conduct by a caregiver or other person responsible for the care of a child who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, in violation of Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100. (71) 'Sibling' means a person with whom a child shares one or both parents in common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution. (72) 'Staffing' means a meeting held periodically to develop and review progress on plans for meeting the identified needs of a child. (73) 'Statutory overnight delivery' means delivery of notice as provided in Code Section 9-10-12. (74) 'Unsupervised probation' means a period of probation or community supervision prior to the termination of a child's disposition in which: (A) All of the conditions and limitations imposed by the court in placing such child on probation remain intact; (B) Such child may have reduced reporting requirements; and (C) A probation officer shall not actively supervise such child. (75) 'Visitation' means a period of access to a child by a parent, guardian, legal custodian, sibling, other relative, or any other person who has demonstrated an ongoing commitment to a child in order to maintain parental and familial involvement in a child's life when he or she is not residing with such person. (76) 'Weekend' means Saturday or Sunday.
15-11-3. Through direct calendaring, whenever possible, a single judge shall hear all successive cases or proceedings involving the same child or family.
15-11-4. Where procedures are not provided in this chapter, the court shall proceed in accordance with:
(1) Title 17 in a delinquency proceeding; and (2) Chapter 11 of Title 9 in all other matters.

3654

JOURNAL OF THE HOUSE

15-11-5. (a) When a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weekend, the party having such privilege or duty shall have through the following business day to exercise such privilege or discharge such duty. (b) When the last day prescribed for the exercise of any privilege or the discharge of any duty falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having such privilege or duty shall have through the next business day to exercise such privilege or discharge such duty. (c) When the period of time prescribed is less than seven days, intermediate weekends and legal holidays shall be excluded in the computation.
15-11-6. (a) Except as provided in subsection (b) of this Code section, a child attains a specified age the first second past midnight on the day of the anniversary of such child's birth. (b) A child born on February 29 attains a specified age on March 1 of any year that is not a leap year.
15-11-7. (a) The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 or more years of age that may be in violation of the laws of this state whenever such person is brought before the court in the course of any proceeding instituted under this chapter. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest. (b) When, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make such bail as the court shall deem proper under the circumstances and to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law.
15-11-8. The juvenile court is a court of record having a seal. The judge and the judge's duly appointed representatives shall each have power to administer oaths and affirmations.
15-11-9. The juvenile court judge, associate juvenile court judge, and judge pro tempore shall have authority to issue a warrant for the arrest of any child for an offense committed

MONDAY, MARCH 25, 2013

3655

against the laws of this state, based either on personal knowledge or the information of others given under oath.
15-11-10. Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:
(1) Concerning any child who: (A) Is alleged to be a delinquent child; (B) Is alleged to be a child in need of services; (C) Is alleged to be a dependent child; (D) Is alleged to be in need of treatment or commitment as a mentally ill or developmentally disabled child; (E) Is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-630; (F) Has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to such child's seventeenth birthday; (G) Has remained in foster care after such child's eighteenth birthday or who is receiving independent living services from DFCS after such child's eighteenth birthday; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of such child and the services being provided to such child as a result of such child's independent living plan or status as a child in foster care; or (H) Requires a comprehensive services plan in accordance with Code Section 1511-658; or
(2) Involving any proceedings: (A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law; (B) For permanent guardianship brought pursuant to the provisions of Article 3 of this chapter; (C) Under Code Section 39-3-2, the Interstate Compact on Juveniles, or any comparable law, enacted or adopted in this state; (D) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child in accordance with Article 2 of this chapter; provided, however, that such jurisdiction shall not affect the superior court's exclusive jurisdiction to terminate the legal parent-child relationship as set forth in Chapters 6 through 9 of Title 19; (E) For emancipation brought pursuant to the provisions of Article 10 of this chapter; (F) Under Article 8 of this chapter, relating to prior notice to a parent, guardian, or legal custodian relative to an unemancipated minor's decision to seek an abortion; or

3656

JOURNAL OF THE HOUSE

(G) Brought by a local board of education pursuant to Code Section 20-2-766.1, relating to court orders requiring that a parent, guardian, or legal custodian attend a conference or participate in programs or treatment to improve a student's behavior.
15-11-11. The juvenile court shall have concurrent jurisdiction to hear:
(1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child alleged to be dependent; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The issue of custody and support when the issue is transferred by proper order of the superior court; provided, however, that if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial; and (4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court.
15-11-12. (a) Nothing in this chapter shall be construed to prevent a child from being adjudicated both a dependent child and a delinquent child or both a dependent child and a child in need of services if there exists a factual basis for such a finding. (b) If a child alleged or adjudicated to be a delinquent child or a child in need of services is also alleged or adjudicated to be a dependent child, dependency proceedings may be consolidated with delinquency or child in need of services proceedings to the extent consistent with due process of law as provided in Articles 3, 6, and 7 of this chapter. (c) The time frames and requirements of Article 3 of this chapter shall apply to cases in which a child alleged or adjudicated to be a child in need of services or a delinquent child is placed in foster care and has also been alleged or adjudicated to be a dependent child.
15-11-13. The court shall have jurisdiction to appoint a guardian of the person of any child in any proceeding authorized by this chapter. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons of any child by the probate court. In the event a conservator for a child's property needs to be appointed, the court shall refer that matter to the probate court.
15-11-14. (a) The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8.

MONDAY, MARCH 25, 2013

3657

(b) After notice and hearing, the court may make one of the following orders: (1) That the temporary guardianship be established or continued if the court determines that the temporary guardianship is in the best interests of a child. The order shall thereafter be subject to modification only as provided in Code Section 1511-32; or (2) That the temporary guardianship be terminated if the court determines it is in the best interests of a child. A child shall be returned to his or her parent unless the court determines that there is probable cause to believe that he or she will be abused, neglected, or abandoned in the custody of his or her parent.
(c) A case shall proceed as a dependency matter pursuant to the provisions of Article 3 of this chapter if, after notice and hearing, the court determines:
(1) That it is in the best interests of a child that the temporary guardianship not be established or that the temporary guardianship be terminated but there is probable cause to believe that he or she will be abused, neglected, or abandoned if returned to his or her parent; or (2) That it is in the best interests of a child that the temporary guardianship be continued over the parent's objection. (d) The court may refer to DFCS for further investigation a case transferred from probate court.
15-11-15. (a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination. (b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court. (c) At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.
15-11-16. (a) A proceeding under this chapter may be commenced:
(1) By an order of transfer of a case from another court as provided in Code Section 15-11-11 or 15-11-567, subsection (f) of Code Section 29-2-6, or subsection (b) of Code Section 29-2-8; (2) By the summons, notice to appear, or other citation in a proceeding charging a juvenile traffic offense or a violation of the laws, rules, and regulations governing the Department of Natural Resources Game and Fish Division; or (3) By the filing of a petition for legitimation under Code Section 15-11-11, or in other cases by the filing of a complaint or a petition as provided in Articles 3, 4, 6, 7, 9, and 11 of this chapter.

3658

JOURNAL OF THE HOUSE

(b) The petition and all other documents in the proceeding shall be entitled 'In the interest of _____, a child,' except upon appeal. (c) On appeal, the anonymity of a child, and where appropriate, a victim or witness who is under the age of 18 years, shall be preserved by appropriate use of a child's, victim's, or witness's initials as appropriate.
15-11-17. (a) All hearings under this chapter shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court. (b) Except as otherwise provided, all hearings shall be conducted in accordance with Title 24. (c) Proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the proceedings. (d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this chapter in any county within the judicial circuit. When a superior court judge sits as a juvenile court judge, hearings in connection with any proceeding under this chapter may be heard before such judge in any county within the judicial circuit over which the judge presides.
15-11-18. Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue subpoenas in accordance with the provisions of Title 24 requiring attendance and testimony of witnesses and production of evidence at any hearing under this chapter. A delinquency proceeding conducted in this state shall be considered a criminal prosecution insofar as the applicability of Article 4 of Chapter 13 of Title 24.
15-11-19. (a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to exclude a child from any part or parts of any proceeding under Article 3 of this chapter if the court determines that it is not in such child's best interests to be present. An attorney for an excluded child shall not be excluded from the proceedings. (b) A person afforded rights under this chapter shall be advised of such rights at that person's first appearance before the court.
15-11-20. (a) At any time during a proceeding under this chapter, the court may refer a case to mediation.

MONDAY, MARCH 25, 2013

3659

(b) When referring a case to mediation, the court shall take into consideration the guidelines from the Georgia Commission of Dispute Resolution for mediating cases involving domestic violence or family violence. (c) A referral order shall recite that while the parties shall attend a scheduled mediation session and shall attempt to mediate in good faith, such parties shall not be required to reach an agreement. (d) Victims in a delinquency case referred to mediation may attend and participate in such mediation, but shall not be required to do so as a condition of such case being heard by the juvenile court.
15-11-21. (a) Once an order referring a case to mediation has been signed, the court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases. (b) The court shall appoint a qualified mediator within five days of signing the order referring the case to mediation.
15-11-22. (a) The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties' intent to resolve such controversies through mediation, and specify the circumstances under which mediation may continue. The agreement to mediate shall specify the confidentiality requirements of mediation and the exceptions to confidentiality in mediation as such are set forth in the Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices. (b) A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, the absence of bargaining ability, unconscionability, or lack of court jurisdiction. (c) Prior to the parties signing an agreement to mediate, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation. (d) The mediator shall at all times be impartial.
15-11-23. (a) Upon issuing a referral to mediation the court may stay the proceeding. (b) Mediation shall occur as soon as practicable and be scheduled within 30 days of the order referring the matter to mediation unless the time frame is extended by the court. (c) The court may extend the timeline for scheduling a mediation for an additional 30 days.
15-11-24. (a) Either party in a mediation may withdraw from or terminate further participation in mediation at any time.

3660

JOURNAL OF THE HOUSE

(b) A mediator shall terminate mediation when: (1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process; (2) The mediator concludes that a party lacks the capacity to perceive and assert his or her own interests to the degree that a fair agreement cannot be reached; (3) The mediator concludes that an agreement is unlikely; or (4) The mediator concludes that a party is a danger to himself or herself or others.
15-11-25. (a) All mediation agreements shall be presented to the juvenile court judge for approval. (b) The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best interests of the child.
15-11-26. Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of such child's age and developmental needs. Such factors shall include:
(1) The physical safety and welfare of such child, including food, shelter, health, and clothing; (2) The love, affection, bonding, and emotional ties existing between such child and each parent or person available to care for such child; (3) The love, affection, bonding, and emotional ties existing between such child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (4) Such child's need for permanence, including such child's need for stability and continuity of relationships with his or her parent, siblings, other relatives, and any other person who has provided significant care to such child; (5) Such child's sense of attachments, including his or her sense of security and familiarity, and continuity of affection for such child; (6) The capacity and disposition of each parent or person available to care for such child to give him or her love, affection, and guidance and to continue the education and rearing of such child; (7) The home environment of each parent or person available to care for such child considering the promotion of such child's nurturance and safety rather than superficial or material factors; (8) The stability of the family unit and the presence or absence of support systems within the community to benefit such child; (9) The mental and physical health of all individuals involved; (10) The home, school, and community record and history of such child, as well as any health or educational special needs of such child; (11) Such child's community ties, including church, school, and friends;

MONDAY, MARCH 25, 2013

3661

(12) Such child's background and ties, including familial, cultural, and religious; (13) The least disruptive placement alternative for such child; (14) The uniqueness of every family and child; (15) The risks attendant to entering and being in substitute care; (16) Such child's wishes and long-term goals; (17) The preferences of the persons available to care for such child; (18) Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in any current, past, or considered home for such child; (19) Any recommendation by a court appointed custody evaluator or guardian ad litem; and (20) Any other factors considered by the court to be relevant and proper to its determination.
15-11-27. During the pendency of any proceeding under this chapter, the court may order:
(1) A child to be examined by outside parties or private providers at a suitable place by a physician or psychologist; provided, however, that orders to perform an evaluation shall not be imposed upon any state agency or county government unless such state agency or county government has funds available for such evaluation; and (2) Medical or surgical treatment of a child suffering from a serious physical condition or illness which, in the opinion of a licensed physician, requires prompt treatment, even if the parent, guardian, or legal custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his or her refusal to consent to the treatment.
15-11-28. (a) No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered screenings, shall be admitted into evidence in any adjudication hearing in which a child is accused under this chapter. Such admission, confession, or incriminating information may be considered by the court at disposition. (b) No admission, confession, or incriminating information obtained from a child in the course of any assessment or evaluation, or any treatment that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered detention or risk assessments and evaluations, shall be admitted into evidence against such child, except as rebuttal or impeachment evidence, or used as a basis for such evidence in any future adjudication hearing or criminal proceeding in which such child is accused. Such admission, confession, or incriminating information may be considered by the court at disposition.

3662

JOURNAL OF THE HOUSE

15-11-29. (a) In any proceeding under this chapter, either on application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:
(1) To stay away from a person's home or a child; (2) To permit a parent to visit his or her child at stated periods; (3) To abstain from offensive conduct against a child, his or her parent, or any person to whom custody of such child is awarded; (4) To give proper attention to the care of his or her home; (5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which a child is referred by the court; (6) To refrain from acts of commission or omission that tend to make a home not a proper place for a child; (7) To ensure that a child attends school pursuant to any valid law relating to compulsory attendance; (8) To participate with a child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and (9) To enter into and complete successfully a substance abuse program approved by the court. (b) After notice and opportunity for hearing afforded to a person subject to a protective order, a protective order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby. (c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of a child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.
15-11-30. A legal custodian has the right to physical custody of a child, the right to determine the nature of the care and treatment of such child, including ordinary medical care, and the right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of such child, subject to the conditions and limitations of the order and to the remaining rights and duties of such child's parent or guardian.
15-11-31. (a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish an adult for contempt of court by imprisonment for not more than 20 days or a fine not to exceed $1,000.00 for willfully disobeying an order of the court or

MONDAY, MARCH 25, 2013

3663

for obstructing or interfering with the proceedings of the court or the enforcement of its orders. (b) The court shall restrict and limit the use of contempt powers with respect to commitment of a child to a secure residential facility or nonsecure residential facility and in no event shall a child solely alleged or adjudicated to be a dependent child be placed in a secure residential facility or nonsecure residential facility. (c) A child may be placed in a secure residential facility or nonsecure residential facility for not more than 72 hours if:
(1) He or she is found in contempt of court; and (2) Less restrictive alternatives have been considered and are unavailable or inappropriate or if such child has already been ordered to serve a less restrictive alternative sanction but failed to comply with the sanction. (d) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity to be heard, the court may impose any or all of the following sanctions when a parent, guardian, or legal custodian other than DJJ or DFCS willfully violates any order issued by the court directed to him or her: (1) Require a child's parent, guardian, or legal custodian to make restitution as provided in Code Section 17-14-5; (2) Reimburse the state for the costs of detention, treatment, or rehabilitation of a child; (3) Require a child's parent, guardian, or legal custodian to participate in a court approved educational or counseling program designed to contribute to the ability to provide proper parental care and supervision of such child, including, but not limited to, parenting classes; or (4) Require a child's parent, guardian, or legal custodian to enter into a contract or plan as a part of the disposition of any charges against such child so as to provide for the supervision and control of such child by his or her parent, guardian, or legal custodian and reunification with such child.
15-11-32. (a) An order of the court shall be set aside if:
(1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action; (2) The court lacked jurisdiction over a necessary party or the subject matter; or (3) Newly discovered evidence so requires. (b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interests of a child except an order of dismissal following a contested adjudicatory hearing. (c) Except as otherwise provided in Code Section 15-11-602, an order committing a child to DJJ may only be modified after such child has been transferred to DJJ custody upon motion of DJJ.

3664

JOURNAL OF THE HOUSE

(d) An order of adjudication of delinquency by a court may be modified or vacated if the child was adjudicated for a delinquent act for a sexual crime as defined in Code Section 16-3-6 and such crime resulted from the child being:
(1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or (2) A victim of sexual exploitation as defined in Code Section 49-5-40. (e) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in a child may petition the court for the relief provided in this Code section. Such petition shall set forth in clear and concise language the grounds upon which the relief is requested. (f) After a petition seeking relief under this Code section is filed, the court shall fix a time for hearing and shall cause notice to be served on the parties to the proceeding or those affected by the relief sought. After the hearing, the court shall deny or grant relief as the evidence warrants.
15-11-33. (a) Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent to whom the reunification plan is directed. (b) Within 30 days of the filing of the transfer order, the transferring court shall provide the receiving court with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and any other court documents deemed necessary by the transferring court to enable the receiving court to assume jurisdiction over the matter. (c) The transferring court shall retain jurisdiction until the receiving court acknowledges acceptance of the transfer. (d) Compliance with this Code section shall terminate jurisdiction in the transferring court and confer jurisdiction in the receiving court.
15-11-34. Except as otherwise provided by Code Section 17-10-14, a child shall not be committed to an adult correctional facility or other facility used primarily for the execution of sentences of persons convicted of a crime.
15-11-35. In all cases of final judgments of the juvenile court, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded except in the discretion of the trial court; rather, the judgment or order of the court shall stand until reversed or modified by the reviewing court.

MONDAY, MARCH 25, 2013

3665

15-11-36. (a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court:
(1) The cost of medical and other examinations and treatment of a child ordered by the court; (2) The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than DJJ, but the court may order supplemental payments, if such are necessary or desirable for services; (3) Reasonable compensation for services and related expenses of an attorney appointed by the court, when appointed by the court to represent a child and when appointed by the court to conduct the proceedings; (4) Reasonable compensation for a guardian ad litem; (5) The expense of service of summons, notices, and subpoenas; travel expenses of witnesses; transportation, subsistence, and detention of a child for juvenile court proceedings or superior court proceedings when a child is prosecuted in superior court pursuant to Code Section 15-11-560; and other like expenses incurred in the proceedings under this chapter; and (6) The cost of counseling and counsel and advice required or provided under the provisions of Code Section 15-11-212 or 15-11-601. (b) The court shall determine whether the expenses shall be a charge upon the funds of the county and certify such expenses to the county governing authority within 120 days from the date such expenses were submitted to the court for certification. If the court has not made such certification within 120 days, the court shall be deemed to have denied certification. (c) If, after due notice to the parent or other person legally obligated to care for and support a child and after affording such person an opportunity to be heard, the court finds that such person is financially able to pay all or part of the costs and expenses outlined in subsection (a) of this Code section, the court may order such person to pay the same and prescribe the manner of payment. In addition, the court may order payment from a child's parent or other legally obligated person or entity to reimburse all or part of the costs and expenses of the department or DJJ for treatment, care, and support of a child. Unless otherwise ordered, payment shall be made to the clerk of the court for remittance to the person or agency, including the department or DJJ, to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county.
15-11-37. (a) The court may collect supervision fees from those who are placed under the court's formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:
(1) Housing in nonsecure residential facilities; (2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing;

3666

JOURNAL OF THE HOUSE

(4) Mediation; (5) Transportation to and from court ordered services; (6) Truancy intervention services; (7) Restitution programs; (8) Job development or work experience programs; (9) Community services; and (10) Any other additional programs or services needed to meet the best interests, development, and rehabilitation of a child. (b)(1) The juvenile court may order each delinquent child or child in need of services who receives supervision to pay to the clerk of the court:
(A) An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and (B) A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that a child receives supervision. (2) A child and his or her parent, guardian, or legal custodian may be jointly and severally liable for the payment of fees set forth in paragraph (1) of this subsection and shall be subject to the enforcement procedure in subsection (c) of Code Section 15-11-36. The judge shall provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by such child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by the treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing community services described in subsection (a) of this Code section to child offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. (c) The clerk of the court shall be responsible for collections of fees as ordered by the court. (d) For the purpose of this Code section, the term 'legal custodian' shall not be interpreted or construed to include the department or DJJ.
15-11-38. (a) Any court may order the establishment of a community based risk reduction program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in need of services so long as the court determines that sufficient funds are available for such programs. Subject to the procedures,

MONDAY, MARCH 25, 2013

3667

requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program. (b) As part of a risk reduction program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The court's involvement shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program. (c) As part of an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, DJJ, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize the exchange of confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in Code Section 15-11-40. (d) When any agency or entity participating in a protocol agreement identifies a child who is at risk of becoming a delinquent child, dependent child, or child in need of services, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for such child. Such child or his or her parent, or both, may be present during any review of such child's case by the panel. A child's parent, guardian, or legal custodian shall be notified of the intervention plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, other than the judge, shall work with the other agencies involved to educate a child's parent, guardian, or legal custodian and such child on the importance of following the intervention plan and on the consequences if anyone is referred to the court. If an intervention plan is developed for a child and his or her parent, guardian, or legal custodian consents to such plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to DFCS.
15-11-39. (a) In any jurisdiction within which a risk reduction program has been established, when a child comes before the court for disposition, the court may order that a risk assessment or risk and needs assessment, as defined in Code Section 49-4A-1, be made of such child and the circumstances resulting in such child being before the court. (b) If the results of a risk assessment or risk and needs assessment, as defined in Code Section 49-4A-1, demonstrates a need for a case plan, the court may order that a case plan be developed by a panel representing community agencies as authorized by the

3668

JOURNAL OF THE HOUSE

court. A case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist a child. (c) A case plan shall be served on a child and his or her parent, guardian, or legal custodian. A case plan shall also include a cover letter which contains the following information:
(1) Sources to explain the process, procedures, and penalties for not responding to the court order in the prescribed time frame; and (2) The deadline for responding to the court order and stating objections to the case plan or any portion thereof is ten days from the date of service. (d) If no objection is made or if a child and his or her parent, guardian, or legal custodian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time such child is under the jurisdiction of the court. (e) If a child or his or her parent, guardian, or legal custodian objects to the case plan, the court shall conduct a hearing. The court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 15-11-29, without the necessity of a show cause hearing, unless objection is made to the case plan.
15-11-40. (a) Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduction program may exchange, as necessary, information, medical records, school records, immigration records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in such program if such exchange of information is ordered by the court or consented to by the parties. Such information shall be used by such individuals and agencies only for the purposes provided in this chapter and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential as required by state and federal law and the court may punish any violations of confidentiality as contempt of court. (b) Any person who authorizes or permits any unauthorized person or agency to have access to confidential records or reports of child abuse shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain confidential records or reports of child abuse or information contained therein shall be guilty of a misdemeanor.

MONDAY, MARCH 25, 2013

3669

(c) Confidential records or reports of child abuse and information obtained from such records may not be made a part of any record which is open to the public except that a prosecuting attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. (d) This Code section shall not abridge the provisions relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.
15-11-41. (a) Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information:
(1) For release of child abuse records by the department, a subpoena and subsequent order of the court requiring the release of such information in accordance with Code Section 49-5-41; (2) For release of information relating to diagnosis, prognosis, or treatment of drug and alcohol abuse:
(A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; or (C) A subpoena requiring the release of such information and protective order of the court regarding the release of such information; and (3) For release of confidential health, mental health, or education records: (A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; (C) A subpoena requiring the release of such information; or (D) An order of the court requiring the release of such information.

3670

JOURNAL OF THE HOUSE

(b) In issuing an order for the release of information under this Code section, the court may:
(1) Include protections against further disclosure of the information; (2) Limit the purposes for which the information may be used; and (3) Require records to be redacted so that only relevant information is shared. (c) Nothing in this Code section shall be deemed to replace the responsibility of entities governed by federal and state privacy laws to comply with such laws. (d) Nothing in this Code section shall be construed as barring or limiting the release of confidential information referred to in this Code section pursuant to a search warrant.
ARTICLE 2
15-11-50. (a) There is created a juvenile court in every county in the state. (b) Except where election is provided by local law, the judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed shall have the authority to act as judge of each juvenile court in each county of the circuit. (c) If no person is appointed as a juvenile court judge for a circuit, then a superior court judge of the circuit shall as part of the duties of the superior court judge assume the duties of the juvenile court judge in all counties in the circuit in which a separate juvenile court judgeship has not been established. (d) All juvenile court judgeships established on or before October 1, 2000, and their methods of compensation, selection, and operation shall continue until such time as one or more circuit-wide juvenile court judges are appointed. However, in any circuit where a superior court judge assumes the duties of the juvenile court judge, such circuit shall not be entitled to the state funds provided for in Code Section 15-11-52. (e) When one or more circuit-wide juvenile court judges are appointed or elected, any juvenile court judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit wide. (f) After the initial appointments and prior to any subsequent appointment or reappointment of any part-time or full-time juvenile court judge, the judge or judges responsible for making the appointment shall publish notice of the vacancy of the juvenile court judgeship once a month for three months prior to such appointment or reappointment. Such notice shall be published in the official legal organ of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice is published. (g) In the event that more than one juvenile court judge is appointed, one judge shall be designated presiding judge.

MONDAY, MARCH 25, 2013

3671

(h) In any case in which action under this Code section is to be taken by a superior court judge of the circuit, such action shall be taken as follows:
(1) Where there are one or two superior court judges, such action shall be taken by the chief judge of the circuit; and (2) Where there are more than two superior court judges, such action shall be taken by a majority vote of the judges of the circuit.
15-11-51. (a) No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of this state for three years, is a member of the State Bar of Georgia, and has practiced law for five years. (b) A juvenile court judge shall be eligible for reappointment or reelection.
15-11-52. (a) Each appointed juvenile court judge shall serve for a term of four years. (b) The compensation of the full-time or part-time juvenile court judges shall be set by the superior court with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed. (c) Out of funds appropriated to the judicial branch of government, the state shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(1) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state base grant of $85,000.00; (2) In addition to this base amount, each circuit which has more than four superior court judges shall be eligible for additional state grants. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant in an amount equal to one-fourth of the base amount of the state grant; (3) In circuits where the superior court judges elect to use the state grant for one or more part-time judges, the amount of the state grant shall be as follows:
(A) For each part-time judge who works one day weekly.............. $17,000.00 (B) For each part-time judge who works two days weekly .............. 34,000.00 (C) For each part-time judge who works three days weekly ............ 51,000.00 (D) For each part-time judge who works four days weekly ............. 68,000.00 provided, however, that a grant for one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with paragraphs (1) and (2) of this subsection; and (4) All state grants provided by this subsection shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.

3672

JOURNAL OF THE HOUSE

15-11-53. (a) It shall be unlawful for any full-time juvenile court judge to engage in any practice of law outside his or her role as a juvenile court judge. (b) It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in the court to which he or she is assigned or in any other court in any case, proceeding, or any other matters of which it has pending jurisdiction or has had jurisdiction. (c) It shall be unlawful for any juvenile court judge, full time or part time, to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in court, except such advice or counsel as a judge is called upon to give while performing the duties of a juvenile court judge.
15-11-54. (a) Each juvenile court shall be assigned and attached to the superior court of the county for administrative purposes. (b) The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro rata contribution toward the costs of such benefits, based on county population. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System provided by Chapter 23 of Title 47. (c) Except for state base grants provided by Code Section 15-11-52, all expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.
15-11-55. (a) To the extent that the provisions of this article conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern. (b) The state grants provided by Code Section 15-11-52 shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide juvenile court judges, whether the judge or judges shall be full time or part time or a combination of

MONDAY, MARCH 25, 2013

3673

full time and part time, and the compensation of any part-time juvenile court judge or judges.
15-11-56. (a) No person who is serving as a full-time juvenile court judge shall at the same time hold the office of judge of any other class of court of this state. (b) No person serving as a juvenile court judge after being elected juvenile court judge pursuant to a local law authorized by a constitutional amendment shall at the same time hold the office of judge of any other class of court of this state. (c) Nothing in this Code section shall prevent any duly appointed or elected juvenile court judge from sitting by designation as a superior court judge pursuant to Code Section 15-1-9.1.
15-11-57. (a) Whenever a juvenile court judge is appointed it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of such order, the Secretary of State shall issue a commission as for superior court judges. (b) Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the juvenile court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges.
15-11-58. (a) All of the judges and associate judges of the courts exercising jurisdiction over children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairperson of the council. (b) The Council of Juvenile Court Judges:
(1) Shall meet at stated times to be fixed by it or on call of the chairperson; (2) May establish general policies for the conduct of courts exercising jurisdiction over children; (3) May promulgate uniform rules and forms governing procedures and practices of the courts; (4) Shall publish in print or electronically an annual report of the work of the courts exercising jurisdiction over children, which shall include statistical and other data on the courts' work and services, research studies the council may make of the problems of children and families dealt with by the courts, and any recommendations for legislation; and

3674

JOURNAL OF THE HOUSE

(5) Shall be authorized to inspect and copy records of the courts, law enforcement agencies, the department, and DJJ for the purpose of compiling statistical data on children. (c) Subject to the approval of the Council of Juvenile Court Judges, the presiding judge of the council shall appoint a chief administrative and executive officer for the council who shall have the title of director of the Council of Juvenile Court Judges. Under the general supervision of the presiding judge of the council and within the policies established by the council, the director shall: (1) Provide consultation to the courts regarding the administration of court services and the recruitment and training of personnel; (2) Make recommendations to the council for improvement in court services; (3) With the approval of the presiding judge, appoint consultants and necessary clerical personnel to perform the duties assigned to the council and the director; (4) Collect necessary statistics and prepare an annual report of the work of the courts; (5) Promulgate in cooperation with DJJ standard procedures for coordinating DJJ and county juvenile probation services throughout this state; and (6) Perform such other duties as the presiding judge of the council shall specify.
15-11-59. (a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to such seminars by court rules properly adopted. (b) Seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system. (c) Expenses of administration of seminar programs and actual expenses incurred by the judges or associate juvenile court judges in attending such seminars shall be paid from state funds appropriated for the council for such purpose, from federal funds available to the council for such purpose, or from other sources. Judges and associate juvenile court judges shall receive the same expense and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. (d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall receive training appropriate to the role and participate in at least 12 hours of continuing legal education or continuing judicial education established or approved by the council each year and meet such rules as established by the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction unless the council certifies that annual training has been accomplished or unless the judge is in the first year of his or her

MONDAY, MARCH 25, 2013

3675

initial appointment; provided, however, that the council may in hardship cases extend deadlines for compliance with this Code section.
15-11-60. (a) A judge may appoint one or more persons to serve as associate juvenile court judges in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. (b) Each associate juvenile court judge shall have the same qualifications as required for a judge of the juvenile court as provided in Code Section 15-11-51; provided, however, that any person serving as an associate juvenile court judge on July 1, 2007, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
15-11-61. (a) The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full-time or part-time basis. (b) An associate juvenile court traffic judge shall be a member of the State Bar of Georgia. (c) The compensation of associate juvenile court traffic judges shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.
15-11-62. (a) In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, or any duly appointed juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint. (b) The person appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services.
15-11-63. (a) The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this chapter.

3676

JOURNAL OF THE HOUSE

(b) The salary, tenure, compensation, and all other conditions of employment of such employees shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of the employees shall be paid out of county funds. (c) Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing.
15-11-64. Each clerk of the juvenile court shall collect the following information for each child in need of services, delinquent child, and child accused of a class A designated felony act or class B designated felony act and provide such information to DJJ as frequently as requested by DJJ:
(1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense charged; (6) Location of the offense, including the name of the school if the offense occurred in a school safety zone, as defined in Code Section 16-11-127.1; (7) The name of the referral source, including the name of the school if the referring source was a school; (8) Disposition of the case; and (9) Date of and authority for commitment, if applicable.
15-11-65. (a) Any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties. (b) In each year after the initial appointment, any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk. (c) Training pursuant to this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by the institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing authority of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources. (d) A judge of the juvenile court shall appoint a clerk pro tempore for that court in order for the regular clerk to attend required training. Such clerk pro tempore shall not be required to meet the training requirements for performing the clerk's duties.

MONDAY, MARCH 25, 2013

3677

(e) The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity.
15-11-66. (a) The judge may appoint one or more probation and intake officers. (b) The salaries of the probation and intake officers shall be fixed by the judge with the approval of the governing authority of the county or counties for which he or she is appointed and shall be payable from county funds.
15-11-67. (a) A county juvenile probation officer or DJJ staff member serving as a juvenile probation officer:
(1) Shall make investigations, reports, and recommendations to the court as directed by this chapter; (2) Shall supervise and assist a child placed on probation or under the protective supervision or care of such probation officer by order of the court or other authority of law; (3) May, unless otherwise ordered by the court, determine if a child should be placed on unsupervised probation and, if so, place a child on unsupervised probation; (4) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable; (5) May take into custody and detain a child who is under the supervision or care of such probation officer if the probation officer has reasonable cause to believe that such child's health or safety or that of another is in imminent danger or that such child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this chapter; (6) May not conduct accusatory proceedings against a child who is or may be under such probation officer's care or supervision; (7) Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and (8) Other laws to the contrary notwithstanding, no probation officer shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted. (b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as probation officers.
15-11-68. (a) A juvenile court intake officer:

3678

JOURNAL OF THE HOUSE

(1) Shall receive and examine complaints and charges of delinquency, of dependency, or that a child is a child in need of services for the purpose of considering the commencement of proceedings under this chapter; (2) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable; (3) Shall compile on a regular basis the case files or a report on those cases that were informally adjusted for review by the judge; (4) May not conduct accusatory proceedings against a child or draft judicial orders, official charges, or any other document which is required to be drafted by an attorney; (5) Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter; and (6) Except as provided in Article I, Section II, Paragraph IX(d) of the Constitution, no county juvenile court intake officer, or DJJ staff member serving as a juvenile court intake officer, shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted. (b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as juvenile court intake officers.
15-11-69. (a) The probation and intake services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and be fully funded through DJJ. The probation and intake officers of juvenile courts of those counties whose probation and intake services are transferred pursuant to this Code section shall become DJJ employees on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other DJJ personnel policies, except that the salaries of such employees shall not be reduced as a result of becoming DJJ employees. (b) The probation and intake services of the juvenile court of a county may be transferred to DJJ by a local Act of the General Assembly that approves such transfer. (c) Persons who were probation and intake officers of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake officers to and became a part of the state-wide juvenile and intake services system fully funded through DJJ before January 1, 1999, shall be covered employees in the classified service as defined in Code Section 45-20-2.
ARTICLE 3 Part 1
15-11-100. The purpose of this article is:

MONDAY, MARCH 25, 2013

3679

(1) To assist and protect children whose physical or mental health and welfare is substantially at risk of harm from abuse, neglect, or exploitation and who may be further threatened by the conduct of others by providing for the resolution of dependency proceedings in juvenile court; (2) To ensure that dependency proceedings are conducted expeditiously to avoid delays in permanency plans for children; (3) To provide the greatest protection as promptly as possible for children; and (4) To ensure that the health, safety, and best interests of a child be the paramount concern in all dependency proceedings.
15-11-101. (a) If necessary, the investigator of a report of child abuse and neglect may apply to the court for certain medical examinations and evaluations of a child or other children in the household. (b) Upon a showing of probable cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of a child or other children in the household by a physician. Such order may be granted ex parte. (c) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a psychological or psychiatric examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional. (d) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a forensic examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional. (e) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a physical, psychological, or psychiatric examination of a child's parent, guardian, or legal custodian.
15-11-102. (a) A preliminary protective hearing shall be held promptly and no later than 72 hours after a child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, such hearing shall be held on the next day which is not a weekend or legal holiday. (b) If a child was not taken into protective custody or is released from foster care at a preliminary protective hearing, the following time frames apply:
(1) A petition for dependency shall be filed within 30 days of the child's preliminary protective hearing; (2) Summons shall be served at least 72 hours before the dependency adjudication hearing; (3) The dependency adjudication hearing shall be held no later than 60 days after the filing of a petition for dependency; and

3680

JOURNAL OF THE HOUSE

(4) If the child's dispositional hearing is not held in conjunction with the dependency adjudication hearing, it shall be held and completed within 30 days after the conclusion of the dependency adjudication hearing. (c) If a child is not released from foster care at the preliminary protective hearing, the following time frames apply: (1) A petition for dependency shall be filed within five days of the child's preliminary protective hearing; (2) Summons shall be served at least 72 hours before the dependency adjudication hearing; (3) The dependency adjudication hearing shall be held no later than ten days after the filing of a petition for dependency; (4) DFCS shall submit to the court its written report within 30 days of the date a child who is placed in the custody of DFCS is removed from the home and at each subsequent review of the disposition order. If the DFCS report does not contain a plan for reunification services, a nonreunification hearing shall be held no later than 30 days from the time the report is filed; and (5) If a dispositional hearing is not held in conjunction with the dependency adjudication hearing, it shall be held and completed within 30 days after the conclusion of the dependency adjudication hearing. (d) An initial periodic review hearing shall be held within 75 days following a child's removal from his or her home. An additional periodic review shall be held within four months following such initial review. (e) Permanency plan hearings shall be held no later than 30 days after DFCS has submitted a written report to the court which does not provide a plan for reunification services or: (1) For children under seven years of age at the time a petition for dependency is filed, no later than nine months after such child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while such child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved; or (2) For children seven years of age and older at the time a petition is filed, no later than 12 months after such child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while such child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved. (f) A supplemental order of the court adopting a child's permanency plan shall be entered within 30 days after the court has determined that reunification efforts need not be made by DFCS.

MONDAY, MARCH 25, 2013

3681

15-11-103. (a) A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for an alleged dependent child. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child. (c) A child's attorney owes to his or her client the duties imposed by the law of this state in an attorney-client relationship. (d) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding. (e) An attorney appointed to represent a child in a dependency proceeding shall continue the representation in any subsequent appeals unless excused by the court. (f) Neither a child nor a representative of a child may waive a child's right to an attorney in a dependency proceeding. (g) A party other than a child shall be informed of his or her right to an attorney prior to any hearing. A party other than a child shall be given an opportunity to:
(1) Obtain and employ an attorney of such party's own choice; (2) Obtain a court appointed attorney if the court determines that such party is an indigent person; or (3) Waive the right to an attorney.
15-11-104. (a) The court shall appoint a guardian ad litem for an alleged dependent child. (b) An attorney for an alleged dependent child may serve as such child's guardian ad litem unless or until there is conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (c) A party to the proceeding, the employee or representative of a party to the proceeding, or any other individual with a conflict of interest shall not be appointed as guardian ad litem. (d) A court shall appoint a CASA to act as guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem. (e) A lay guardian shall not engage in activities which could reasonably be construed as the practice of law. (f) Before the appointment as a guardian ad litem, such person shall have received training appropriate to the role as guardian ad litem which is administered or approved by the Office of the Child Advocate for the Protection of Children. For attorneys, preappointment guardian ad litem training shall be satisfied within the attorney's existing continuing legal education obligations and shall not require the attorney to

3682

JOURNAL OF THE HOUSE

complete additional training hours in addition to the hours required by the State Bar of Georgia. (g) Any volunteer guardian ad litem authorized and acting in good faith, in the absence of fraud or malice and in accordance with the duties required by this Code section, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. (h) The court may remove a guardian ad litem from a case upon finding that the guardian ad litem acted in a manner contrary to a child's best interests, has not appropriately participated in the case, or if the court otherwise deems continued service as inappropriate or unnecessary. (i) A guardian ad litem shall not engage in ex parte contact with the court except as otherwise provided by law. (j) The court, a child, or any other party may compel a guardian ad litem for a child to attend a trial or hearing relating to such child and to testify, if appropriate, as to the proper disposition of a proceeding. (k) The court shall ensure that parties have the ability to challenge recommendations made by the guardian ad litem or the factual basis for the recommendations in accordance with the rules of evidence applicable to the specific proceeding. (l) A guardian ad litem's report shall not be admissible into evidence prior to the disposition hearing except in accordance with the rules of evidence applicable to the specific proceeding. (m) A guardian ad litem who is not also serving as attorney for a child may be called as a witness for the purpose of cross-examination regarding the guardian ad litem's report even if the guardian ad litem is not identified as a witness by a party.
15-11-105. (a) A guardian ad litem shall advocate for a child's best interests in the proceeding for which the guardian ad litem has been appointed. (b) In determining a child's best interests, a guardian ad litem shall consider and evaluate all of the factors affecting the best interests of a child in the context of a child's age and developmental needs. Such factors shall include:
(1) The physical safety and welfare of such child, including food, shelter, health, and clothing; (2) The mental and physical health of all individuals involved; (3) Evidence of domestic violence in any current, past, or considered home for such child; (4) Such child's background and ties, including familial, cultural, and religious; (5) Such child's sense of attachments, including his or her sense of security and familiarity and continuity of affection for the child; (6) The least disruptive placement alternative for such child; (7) The child's wishes and long-term goals; (8) The child's community ties, including church, school, and friends;

MONDAY, MARCH 25, 2013

3683

(9) The child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives; (10) The uniqueness of every family and child; (11) The risks attendant to entering and being in substitute care; (12) The preferences of the persons available to care for such child; and (13) Any other factors considered by the guardian ad litem to be relevant and proper to his or her determination. (c) Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall at a minimum: (1) Maintain regular and sufficient in-person contact with the child and, in a manner appropriate to his or her developmental level, meet with and interview such child prior to custody hearings, adjudication hearings, disposition hearings, judicial reviews, and any other hearings scheduled in accordance with the provisions of this chapter; (2) In a manner appropriate to such child's developmental level, ascertain such child's needs, circumstances, and views; (3) Conduct an independent assessment to determine the facts and circumstances surrounding the case; (4) Consult with the child's attorney, if appointed separately, regarding the issues in the proceeding; (5) Communicate with health care, mental health care, and other professionals involved with such child's case; (6) Review case study and educational, medical, psychological, and other relevant reports relating to such child and the respondents; (7) Review all court related documents; (8) Attend all court hearings and other proceedings to advocate for such child's best interests; (9) Advocate for timely court hearings to obtain permanency for such child; (10) Protect the cultural needs of such child; (11) Contact the child prior to any proposed change in such child's placement; (12) Contact the child after changes in such child's placement; (13) Request a judicial citizen review panel or judicial review of the case; (14) Attend citizen panel review hearings concerning such child and if unable to attend the hearings, forward to the panel a letter setting forth such child's status during the period since the last citizen panel review and include an assessment of the DFCS permanency and treatment plans; (15) Provide written reports to the court and the parties on the child's best interests, including, but not limited to, recommendations regarding placement of such child, updates on such child's adjustment to placement, DFCS's and respondent's compliance with prior court orders and treatment plans, such child's degree of participation during visitations, and any other recommendations based on the best interests of the child; (16) When appropriate, encourage settlement and the use of any alternative forms of dispute resolution and participate in such processes to the extent permitted; and

3684

JOURNAL OF THE HOUSE

(17) Monitor compliance with the case plan and all court orders. (d)(1) Except as provided in Article 11 of this chapter, a guardian ad litem shall receive notices, pleadings, or other documents required to be provided to or served upon a party and shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant changes of circumstances of a child's case which he or she is appointed to the same extent and in the same manner as the parties to the case are notified of such matters. (2) A guardian ad litem shall be notified of the formulation of any case plan of a child's case which he or she is appointed and may be given the opportunity to be heard by the court about such plans. (e) Upon presentation of an order appointing a guardian ad litem, such guardian ad litem shall have access to all records and information relevant to a child's case to which he or she is appointed when such records and information are not otherwise protected from disclosure pursuant to Code Section 19-7-5. Such records and information shall not include records and information provided under Article 11 of this chapter or provided under Chapter 4A of Title 49. (f) All records and information acquired or reviewed by a guardian ad litem during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court. (g) Except as provided in Code Section 49-5-41, regarding access to records, any guardian ad litem who discloses confidential information obtained during the course of his or her appointment, in violation of law, shall be guilty of a misdemeanor. A guardian ad litem shall maintain all information and records regarding mental health, developmental disability, and substance abuse according to the confidentiality requirements contained in Code Section 37-3-166, 37-4-125, or 37-7-166, as applicable. (h) In the event of a change of venue, the original guardian ad litem shall, as soon as possible, communicate with the appointed guardian ad litem in the new venue and shall forward all pertinent information to the new guardian ad litem.
15-11-106. (a)(1) Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not be assigned a case prior to being sworn in by a juvenile court judge as set forth in this paragraph. (2) If a juvenile court judge determines that a child involved in a dependency proceeding needs a CASA, the judge shall have the authority to appoint a CASA, and in such circumstance shall sign an order appointing a CASA at the earliest possible stage of the proceedings. Such order shall impose on a CASA all the duties, rights, and responsibilities set forth in this Code section and Code Sections 15-11-104 and 15-11-105.
(b) The role of a CASA in juvenile court dependency proceedings shall be to advocate for the best interests of the child.

MONDAY, MARCH 25, 2013

3685

(c) In addition to the reasons stated in subsection (h) of Code Section 15-11-104, the court may discharge a CASA upon finding that the CASA has acted in a manner contrary to the mission and purpose of the affiliate court appointed special advocate program.
15-11-107. (a) A parent, guardian, or legal custodian's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for considering his or her child to be a dependent child; provided, however, that the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability. (b) In order to make a determination as to whether a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order a medical evaluation of a child. (c) If the court determines, on the basis of any relevant evidence before the court, including the court ordered medical evaluation and the affidavit of the attending physician, that a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order that medical treatment be provided for such child. (d) A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to be a dependent child and the court may find the parent, guardian, or legal custodian in contempt and enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.
15-11-108. (a) The court shall give to all parties written notice of the date, time, place, and purpose of the following postadjudication hearings or reviews:
(1) Nonreunification hearings; (2) Disposition hearings; (3) Periodic review hearings; (4) Periodic reviews by judicial citizen review panel; (5) Permanency plan hearings; (6) Termination of parental rights hearings; and (7) Posttermination of parental rights review hearings. (b) Issuance and service of summons, when appropriate, shall comply with the requirements of Code Sections 15-11-160 and 15-11-161. (c) Unless otherwise provided in this chapter, written notice shall be delivered to the recipient at least 72 hours before the hearing or review by United States mail, e-mail, or hand delivery.

3686

JOURNAL OF THE HOUSE

15-11-109. (a) In advance of each hearing or review, DFCS shall give written notice of the date, time, place, and purpose of the review or hearing, including the right to be heard, to the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing, except in the case of preliminary protective hearings or emergency hearings when such notice is not possible, by United States mail, e-mail, or hand delivery. (b) Notice of a hearing or review shall not be construed to require a legal custodian, foster parent, preadoptive parent, or relative caring for a child to be made a party to the hearing or review solely on the basis of such notice and opportunity to be heard.
15-11-110. (a) Upon request of an attorney for a party, the court may continue any hearing under this article beyond the time limit within which the hearing is otherwise required to be held; provided, however, that no continuance shall be granted that is contrary to the interests of the child. In considering a child's interests, the court shall give substantial weight to a child's need for prompt resolution of his or her custody status, the need to provide a child with a stable environment, and the damage to a child of prolonged temporary placements. (b) Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record. (c) A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Except as otherwise provided by judicial rules governing attorney conflict resolution, a pending criminal prosecution or family law matter shall not constitute good cause. The need for discovery shall not constitute good cause. (d) In any case in which a child or his or her parent, guardian, or legal custodian is represented by an attorney and no objection is made to an order continuing any such hearing beyond the time limit, the absence of such an objection shall be deemed a consent to the continuance; provided, however, that even with consent, the court shall decide whether to grant the continuance in accordance with subsection (a) of this Code section.
15-11-111. (a) At any hearing held with respect to a child, the court in its discretion, and based upon the evidence, may enter an order:
(1) Accepting or rejecting any DFCS report; (2) Ordering an additional evaluation; or (3) Undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the child's best interests. (b) The court's order:

MONDAY, MARCH 25, 2013

3687

(1) May incorporate all or part of the DFCS report; and (2) Shall include findings of fact which reflect the court's consideration of the oral and written testimony offered by all parties, as well as nonparties, who are required to be provided with notice and a right to be heard in any hearing to be held with respect to a child, and DFCS.
15-11-112. (a) When a child is removed from his or her home, the court shall order reasonable visitation that is consistent with the age and developmental needs of a child if the court finds that it is in a child's best interests. The court's order shall specify the frequency, duration, and terms of visitation including whether or not visitation shall be supervised or unsupervised. (b) There shall be a presumption that visitation shall be unsupervised unless the court finds that unsupervised visitation is not in a child's best interests. (c) Within 30 days of the court finding that there is a lack of substantial progress towards completion of a case plan, the court shall review the terms of visitation and determine whether the terms continue to be appropriate for a child or whether the terms need to be modified.
15-11-113. When a child is alleged to be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier.
Part 2
15-11-125. (a) A proceeding under this article may be commenced:
(1) In the county in which a child legally resides; or (2) In the county in which a child is present when the proceeding is commenced if such child is present without his or her parent, guardian, or legal custodian or the acts underlying the dependency allegation are alleged to have occurred in that county. (b) For the convenience of the parties, the court may transfer the proceeding to the county in which a child legally resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.
Part 3
15-11-130. (a) Notwithstanding Code Sections 15-11-133 and 15-11-135, DFCS shall be authorized to provide emergency care and supervision to any child without seeking a

3688

JOURNAL OF THE HOUSE

court order for a period not to exceed seven days when: (1) As a result of an emergency or illness, the person who has physical and legal custody of a child is unable to provide for the care and supervision of such child, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that DFCS exercise such emergency custody; and (2) A child is not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker.
(b) During the period when a child is in the temporary care and supervision of DFCS, DFCS shall endeavor to place such child with a relative of such child's parent, guardian, or legal custodian, in foster care, or in emergency foster care or shall make other appropriate placement arrangements. DFCS shall have the same rights and powers with regard to such child as does his or her parent, guardian, or legal custodian including the right to consent to medical treatment. (c) Immediately upon receiving custody of a child, DFCS shall begin a diligent search for a relative or other designee of a child's parent who can provide for the care and supervision of such child. (d) At any time during such seven-day period, and upon notification to DFCS that a child's parent, guardian, or legal custodian or an expressly authorized relative, or designee thereof, is able to provide care to and exercise control over a child, DFCS shall release such child to the person having custody of such child at the time such child was taken into DFCS custody or to such person's authorized relative or designee. (e) Upon the expiration of such seven-day period, if a child has not been released or if DFCS determines that there is an issue of neglect, abandonment, or abuse, DFCS shall promptly contact a juvenile court intake officer or bring such child before the juvenile court. If, upon making an investigation, the juvenile court intake officer finds that foster care is warranted for such child, then, for purposes of this chapter, such child shall be deemed to have been placed in foster care at the time such finding was made and DFCS may file a dependency petition. (f) DFCS and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision in accordance with this Code section, for consenting to medical treatment for a child, and for releasing a child.
15-11-131. (a) Notwithstanding Code Section 15-11-133, a physician licensed to practice medicine in this state who is treating a child may take or retain temporary protective custody of such child, without a court order and without the consent of his or her parent, guardian, or legal custodian, provided that:
(1) A physician has reasonable cause to believe that such child is in a circumstance or condition that presents an imminent danger to such child's life or health as a result of suspected abuse or neglect; or

MONDAY, MARCH 25, 2013

3689

(2) There is reasonable cause to believe that such child has been abused or neglected and there is not sufficient time for a court order to be obtained for temporary custody of such child before such child may be removed from the presence of the physician. (b) A physician holding a child in temporary protective custody shall: (1) Make reasonable and diligent efforts to inform the child's parents, guardian, or legal custodian of the whereabouts of such child; (2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child and inform DFCS that such child has been held in temporary custody; and (3) Not later than 24 hours after such child is held in temporary custody:
(A) Contact a juvenile court intake officer, and inform such intake officer that such child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or (B) Contact a law enforcement officer who shall take such child and promptly bring such child before a juvenile court intake officer. (c) A child who meets the requirements for inpatient admission shall be retained in a hospital or institution until such time as such child is medically ready for discharge. Upon notification by the hospital or institution to DFCS that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician and such child has been placed in DFCS custody, DFCS shall take physical custody of such child within six hours of being notified. (d) If a juvenile court intake officer determines that a child is to be placed in foster care and the court orders that such child be placed in DFCS custody, then: (1) If such child remains in the physical care of the physician, DFCS shall take physical possession of such child within six hours of being notified by the physician, unless such child meets the criteria for admission to a hospital or other medical institution or facility; or (2) If such child has been brought before the court by a law enforcement officer, DFCS shall promptly take physical possession of such child. (e) If a juvenile court intake officer determines that a child should not be placed in foster care, such child shall be released. (f) If a child is placed in foster care, then the court shall notify such child's parents, guardian, or legal custodian, the physician, and DFCS of the preliminary protective hearing which is to be held within 72 hours. (g) If after the preliminary protective hearing a child is not released, DFCS shall file a petition alleging dependency in accordance with this article, provided that there is a continued belief that such child's life or health is in danger as a result of suspected abuse or neglect. (h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this

3690

JOURNAL OF THE HOUSE

Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law.
15-11-132. (a) The facts supporting the issuance of an order of removal may be relayed orally, including telephonically, to the judge or a designated juvenile court intake officer, and the order directing that a child be taken into custody may be issued orally or electronically. (b) When a child is taken into custody under exceptional circumstances, an affidavit or sworn complaint containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court the next business day, and a written order shall be issued if not previously issued. The written order shall include the court's findings of fact supporting the necessity for such child's removal from the custody of his or her parent, guardian, or legal custodian in order to safeguard such child's welfare and shall designate a child's legal custodian. (c) The affidavit or sworn complaint filed after a child has been placed shall indicate whether the child was released to such child's parent, guardian, or legal custodian or remains removed. (d) DFCS shall promptly notify the parent, guardian, or legal custodian of the nature of the allegations forming the basis for taking a child into custody and, if such child is not released, of the time and place of the preliminary protective hearing.
15-11-133. (a) A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian:
(1) Pursuant to an order of the court under this article; or (2) By a law enforcement officer or duly authorized officer of the court if a child is in imminent danger of abuse or neglect if he or she remains in the home. (b) Upon removing a child from his or her home, a law enforcement officer or duly authorized officer of the court shall: (1) Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS; (2) Bring such child immediately before the juvenile court or promptly contact a juvenile court intake officer; and (3) Promptly give notice to the court and such child's parents, guardian, or legal custodian that such child is in protective custody, together with a statement of the reasons for taking such child into protective custody. (c) The removal of a child from his or her home by a law enforcement officer shall not be deemed an arrest. (d) A law enforcement officer removing a child from his or her home has all the privileges and immunities of a law enforcement officer making an arrest.

MONDAY, MARCH 25, 2013

3691

(e) A law enforcement officer shall promptly contact a juvenile court intake officer for issuance of a court order once such officer has taken a child into protective custody and delivered such child to a medical facility. (f) A juvenile court intake officer shall immediately determine if a child should be released, remain in protective custody, or be brought before the court upon being contacted by a law enforcement officer, duly authorized officer of the court, or DFCS that a child has been taken into protective custody.
15-11-134. (a) Any order authorizing the removal of a child from his or her home shall be based on a finding by the court that continuation in his or her home would be contrary to his or her welfare. (b) Any order continuing a child's placement outside of the physical custody of his or her parent, guardian, or legal custodian shall be based on a finding by the court that return of such child to such custody would be contrary to his or her welfare. (c) Findings under this Code section shall be made on an individualized case-by-case basis and shall be documented in the court's written order.
15-11-135. (a) A child taken into custody shall not be placed in foster care prior to the hearing on a petition for dependency unless:
(1) Foster care is required to protect the child; (2) The child has no parent, guardian, or legal custodian or other person able to provide supervision and care and return him or her to the court when required; or (3) An order for the child's foster care has been made by the court. (b) No child alleged to be or adjudicated as a dependent child shall be detained in any jail, adult lockup, or adult detention facility, nor shall a child be detained in a secure residential facility or nonsecure residential facility unless a child is also alleged to have committed a delinquent act or adjudicated to be a delinquent child and the court determines that the requirements for detention under Article 6 of this chapter are met. (c) An alleged dependent child may be placed in foster care only in: (1) A licensed or approved foster home or a home approved by the court which may be a public or private home or the home of the child's noncustodial parent or of a relative; (2) A facility operated by a licensed child welfare agency; or (3) A licensed shelter care facility approved by the court. (d) The actual physical placement of a child pursuant to this Code section shall require the approval of the judge of the juvenile court or his or her designee. (e) In any case in which a child is taken into protective custody of DFCS, such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or why such efforts are not appropriate. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction

3692

JOURNAL OF THE HOUSE

between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
Part 4
15-11-145. (a) If an alleged dependent child is removed from his or her home and is not returned home, the preliminary protective hearing shall be held promptly and not later than 72 hours after such child is placed in foster care; provided, however, that if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (b) Reasonable oral or written notice of the preliminary protective hearing, stating the time, place, and purpose of the hearing, shall be given to the child who is a party in such hearing and, if such person can be found, to his or her parent, guardian, or legal custodian. (c) If an alleged dependent child's parent, guardian, or legal custodian has not been notified of the preliminary protective hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order such child's release unless it appears from such hearing that such child's foster care is warranted or required. (d) The following persons shall have the right to participate in the preliminary protective hearing:
(1) A child's parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice; (2) A child's attorney and guardian ad litem if a guardian ad litem has been appointed; (3) A child who was removed from his or her home, unless the court finds, after considering evidence of harm to such child that will result from such child's presence at the proceeding, that being present is not in such child's best interests; (4) A parent's attorney if an attorney has been retained or appointed; (5) The assigned DFCS caseworker; and (6) The attorney for DFCS. (e) The court may allow the following parties to be present at the preliminary protective hearing, if the court finds it is in the best interests of the child: (1) Any relative or other persons who have demonstrated an ongoing commitment to a child with whom a child might be placed; (2) DFCS employees involved in the case; (3) An advocate as requested by an alleged dependent child's parent, guardian, or legal custodian; and (4) Other persons who have knowledge of or an interest in the welfare of the child who is alleged to be dependent. (f) At the commencement of a preliminary protective hearing, the court shall inform the parties of:

MONDAY, MARCH 25, 2013

3693

(1) The contents of the complaint in terms understandable to the parties; (2) The nature of the proceedings in terms understandable to the parties; and (3) The parties' due process rights, including the parties' right to an attorney and to an appointed attorney if they are indigent persons, the right to call witnesses and to cross-examine all witnesses, the right to present evidence, and the right to a trial by the court on the allegations in the complaint or petition. (g) If a child is not released at the preliminary protective hearing, a petition for dependency shall be made and presented to the court within five days of such hearing.
15-11-146. (a) At the preliminary protective hearing, the court shall determine:
(1) Whether there is probable cause to believe a child is a dependent child; and (2) Whether protective custody of a child is necessary to prevent abuse or neglect pending the hearing on the dependency petition. (b) The court: (1) On finding that the complainant has not proved either of the required elements prescribed in subsection (a) of this Code section, shall dismiss the case and shall return the child before the court to his or her parent, guardian, or legal custodian; (2) On finding that the complainant has not met the burden of proving that protective custody is necessary, shall return the child before the court to his or her parent, guardian, or legal custodian pending the hearing on the dependency petition; or (3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. (c) A court's order removing a child from his or her home shall be based upon a finding that: (1) Continuation in his or her home would be contrary to such child's welfare; and (2) Removal is in such child's best interests. (d) The court shall make written findings as to whether DFCS has made reasonable efforts to prevent or eliminate the need for removal of a child from his or her home and to make it possible for such child to safely return home. If the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider DFCS to have made reasonable efforts to prevent or eliminate the need for protective custody. The court shall include in the written findings a brief description of what preventive and reunification efforts were made by DFCS. (e) In determining whether a child shall be removed or continued out of his or her home, the court shall consider whether reasonable efforts can prevent or eliminate the need to separate the family. The court shall make a written finding in every order of removal that describes why it is in the best interests of the child that he or she be removed from his or her home or continued in foster care. (f) To aid the court in making the required written findings, DFCS shall present evidence to the court outlining the reasonable efforts made to prevent taking a child into

3694

JOURNAL OF THE HOUSE

protective custody and to provide services to make it possible for such child to safely return to his or her home and why protective custody is in the best interests of the child.
Part 5
15-11-150. A DFCS employee, a law enforcement officer, or any person who has actual knowledge of the abuse, neglect, or abandonment of a child or is informed of the abuse, neglect, or abandonment of a child that he or she believes to be truthful may make a petition alleging dependency.
15-11-151. (a) If a child was removed from his or her home, a petition alleging dependency shall be filed within five days of the preliminary protective hearing. (b) If a child was not removed from his or her home or if a child was removed from his or her home but was released from protective custody at the preliminary protective hearing, a petition alleging dependency shall be filed within 30 days of the preliminary protective hearing. (c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition alleging dependency in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension. (d) If a petition alleging dependency is not filed within the required time frame, the complaint shall be dismissed without prejudice.
15-11-152. A petition alleging dependency shall be verified and may rely on information and belief and shall set forth plainly and with particularity:
(1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought; (2) The name, date of birth, and residence address of the child named in the petition; (3) The name and residence address of the parent, guardian, or legal custodian of the child named in the petition; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (4) Whether the child named in the petition is in protective custody and, if so, the place of his or her foster care and the time such child was taken into protective custody; and (5) Whether any of the information required by this Code section is unknown.

MONDAY, MARCH 25, 2013

3695

15-11-153. (a) The petitioner may amend the petition alleging dependency at any time:
(1) To cure defects of form; and (2) Prior to the adjudication hearing, to include new allegations of fact or requests for adjudication. (b) When the petition is amended after the initial service to include new allegations of fact or requests for adjudication, the amended petition shall be served on the parties and provided to the attorneys of record. (c) The court shall grant the parties additional time to prepare only as may be required to ensure a full and fair hearing; provided, however, that when a child is in protective custody or in detention, an adjudication hearing shall not be delayed more than ten days beyond the time originally fixed for the hearing.
Part 6
15-11-160. (a) The court shall direct the issuance of a summons to a child if such child is 14 years of age or older, such child's parent, guardian, or legal custodian, such child's attorney, such child's guardian ad litem, if any, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition alleging dependency. A copy of the petition alleging dependency shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained. (b) A summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (c) The court may endorse upon the summons an order directing a child's parent, guardian, or legal custodian to appear personally at the hearing and directing the person having the physical custody or control of a child to bring such child to the hearing. (d) A party other than a child may waive service of summons by written stipulation or by voluntary appearance at the hearing.
15-11-161. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested.

3696

JOURNAL OF THE HOUSE

(c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) If, after due diligence, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The adjudication hearing shall not be earlier than five days after the date of the last publication.
(e)(1) Service by publication shall be made once a week for four consecutive weeks in the official organ of the county where the petition alleging dependency has been filed. Service shall be deemed complete upon the date of the last publication. (2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition alleging dependency was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition alleging dependency. (3) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition alleging dependency to the last known address of the party being served by publication. (f) Service of the summons may be made by any suitable person under the direction of the court. (g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-162. (a) In the event a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought willfully fails to appear personally at a hearing after being ordered to so appear or willfully fails to bring such child to a hearing after being so directed, the court may issue an order against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.

MONDAY, MARCH 25, 2013

3697

15-11-163. (a) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition alleging dependency and enter an interlocutory order of disposition if:
(1) The petition alleges dependency of a child; (2) The summons served upon any party:
(A) States that prior to the final hearing on such petition a provisional hearing will be held at a specified time and place; (B) Requires the party who is served other than by publication to appear and answer the allegations of the petition alleging dependency at the provisional hearing; (C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and (D) Otherwise conforms to the requirements of Code Section 15-11-160; and (3) A child named in a petition alleging dependency is brought is personally before the court at the provisional hearing. (b) Findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition alleging dependency. (c) If a party served by publication fails to appear at the final hearing on the petition alleging dependency, the findings of fact and interlocutory orders made shall become final without further evidence. If a party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of such petition without regard to this Code section.
Part 7
15-11-170. (a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party; (2) A copy of any formal written statement made by the alleged dependent child or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing; (3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced; (4) Any drug screen concerning the alleged dependent child or his or her parent, guardian, or legal custodian; (5) Any case plan concerning the alleged dependent child or his or her parent, guardian, or legal custodian;

3698

JOURNAL OF THE HOUSE

(6) Any visitation schedule related to the alleged dependent child; (7) Photographs and any physical evidence which are intended to be introduced at any hearing; (8) Copies of any police incident reports regarding an occurrence which forms part or all of the basis of the petition; and (9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section. (b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing: (1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the alleged dependent child or his or her family, parent, guardian, or legal custodian; (2) Any school record concerning the alleged dependent child; (3) Any medical record concerning the alleged dependent child; (4) Transcriptions, recordings, and summaries of any oral statement of the alleged dependent child or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel; (5) Any family team meeting report or multidisciplinary team meeting report concerning the alleged dependent child or his or her parent, guardian, or legal custodian; (6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and (7) Immigration records concerning the alleged dependent child. (c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of such request. If such request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional

MONDAY, MARCH 25, 2013

3699

evidence is found, it shall be promptly provided to the party making the discovery request. (e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning a discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
(1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) No deposition shall be taken of an alleged dependent child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part. (g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication. (i) Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.
Part 8
15-11-180. The petitioner shall have the burden of proving the allegations of a dependency petition by clear and convincing evidence.
15-11-181. (a) The court shall fix a time for an adjudication hearing. If the alleged dependent child is in foster care, the hearing shall be scheduled for no later than ten days after the

3700

JOURNAL OF THE HOUSE

filing of the petition alleging dependency. If the alleged dependent child is not in foster care, the adjudication hearing shall be held no later than 60 days after the filing of the petition alleging dependency. If adjudication is not completed within 60 days from the date such child was taken into protective custody, the petition alleging dependency may be dismissed without prejudice. (b) The following persons shall have the right to participate in the adjudication hearing:
(1) The parent, guardian, or legal custodian of the alleged dependent child, unless such person cannot be located or fails to appear in response to the notice; (2) The attorney and guardian ad litem of the alleged dependent child; (3) The alleged dependent child, unless the court finds, after considering evidence of harm to such child that will result from his or her presence at the proceeding, that being present is not in the child's best interests; (4) The attorneys for the parent, guardian, or legal custodian of the alleged dependent child if attorneys have been retained or appointed; (5) The assigned DFCS caseworker; and (6) The attorney for DFCS. (c) If the court finds it is in the best interests of the alleged dependent child, the court may allow the following to be present at the adjudication hearing: (1) Any relative or other persons who have demonstrated an ongoing commitment to a child alleged to be a dependent child with whom he or she might be placed; (2) DFCS employees involved with the case; (3) An advocate as requested by the parent, guardian, or legal custodian of the alleged dependent child; and (4) Other persons who have knowledge of or an interest in the welfare of such child. (d) Except as provided in this subsection, the adjudication hearing shall be conducted in accordance with Title 24. Testimony or other evidence relevant to the dependency of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of: (1) Communications between a party and his or her attorney; and (2) Confessions or communications between a priest, rabbi, or duly ordained minister or similar functionary and his or her confidential communicant. (e) After hearing the evidence, the court shall make and file specific written findings as to whether a child is a dependent child. (f) If the court finds that a child is not a dependent child, it shall dismiss the petition alleging dependency and order such child discharged from foster care or other restriction previously ordered. (g) If the court adjudicates a child as a dependent child, the court shall proceed immediately or at a postponed hearing to make a proper disposition of the case. (h) If the court adjudicates a child as a dependent child, the court shall also make and file a finding whether such dependency is the result of substance abuse by such child's parent, guardian, or legal custodian.

MONDAY, MARCH 25, 2013

3701

(i) If the disposition hearing is held on the same day as the adjudication hearing, the court shall schedule the dates and times for the first periodic review hearing and for the permanency plan hearing.
Part 9
15-11-190. If the allegations of the petition alleging dependency are admitted or after an adjudication hearing the court has adjudicated a child as a dependent child, the court may direct that a written social study and report be made by a person designated by the court.
15-11-191. Each social study shall include, but not be limited to, a factual discussion of each of the following subjects:
(1) What plan, if any, for the return of the child adjudicated to be a dependent child to his or her parent and for achieving legal permanency for such child if efforts to reunify fail is recommended to the court; (2) Whether the best interests of the child will be served by granting reasonable visitation rights to his or her other relatives in order to maintain and strengthen the child adjudicated to be a dependent child's family relationships; (3) Whether the child adjudicated to be a dependent child has siblings under the court's jurisdiction, and, if so:
(A) The nature of the relationship between such child and his or her siblings; (B) Whether the siblings were raised together in the same home and whether the siblings have shared significant common experiences or have existing close and strong bonds; (C) Whether the child adjudicated to be a dependent child expresses a desire to visit or live with his or her siblings and whether ongoing contact is in such child's best interests; (D) The appropriateness of developing or maintaining sibling relationships; (E) If siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place siblings together or why those efforts are not appropriate; (F) If siblings are not placed together, the frequency and nature of the visits between siblings; and (G) The impact of the sibling relationship on the child adjudicated to be a dependent child's placement and planning for legal permanence; (4) The appropriateness of any placement with a relative of the child adjudicated to be a dependent child; and (5) Whether a caregiver desires and is willing to provide legal permanency for a child adjudicated to be a dependent child if reunification is unsuccessful.

3702

JOURNAL OF THE HOUSE

Part 10
15-11-200. (a) Within 30 days of the date a child who is placed in DFCS custody is removed from his or her home and at each subsequent review of the disposition order, DFCS shall submit a written report to the court which shall either:
(1) Include a case plan for a reunification of the family; or (2) Include a statement of the factual basis for determining that a plan for reunification is not appropriate. (b) The report submitted by DFCS shall become a discrete part of the case record in a format determined by DFCS and shall be made available to a child who is placed in DFCS custody if such child is 14 years of age or older, his or her attorney, his or her guardian ad litem, if any, and the parent, guardian, or legal custodian of such child. The contents of the report shall be determined at a meeting to be held by DFCS in consultation with the parent, guardian, or legal custodian and child who was placed in DFCS custody, when appropriate. The parent, guardian, or legal custodian, the child who was placed in DFCS custody if such child is 14 years of age or older, his or her attorney, and guardian ad litem, if any, shall be given written notice of the meeting at least five days in advance of such meeting and shall be advised that the report will be submitted to the court for consideration as an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parent, guardian, or legal custodian of the child who was placed in DFCS custody, if such are available. (c) If the court adopts a report that contains a case plan for reunification services, it shall be in effect until modification by the court. A case plan shall address each reason requiring removal of a child from his or her home and shall, at a minimum, comply with the requirements of Code Section 15-11-201. (d) If the submitted DFCS report contains a proposed case plan for reunification services: (1) DFCS shall provide the caregiver, the foster parent, and any preadoptive parent or relative providing care for the child who was placed in DFCS custody with a copy of those portions of the court approved case plan that involve the permanency goal and the services to be provided to the child; (2) A copy of the DFCS report and case plan shall be delivered to the parent, guardian, or legal custodian by United States mail, e-mail, or hand delivery at the same time the report and case plan are transmitted to the court, along with written notice that such report will be considered by the court without a hearing unless, within five days from the date the copy of such report and case plan were delivered, the parent, guardian, or legal custodian of the child who was placed in DFCS custody requests a hearing before the court to review such report and case plan; and (3) If no hearing is requested, the court shall enter a disposition order or supplemental order incorporating all elements of the case plan for reunification services which the

MONDAY, MARCH 25, 2013

3703

court finds essential to reunification, specifying what shall be accomplished by all parties before reunification of the family can be achieved. (e) When DFCS recommends that reunification services are not appropriate and should not be allowed, the DFCS report shall address each reason requiring removal of a child from his or her home and shall contain at least the following: (1) The purpose for which the child in DFCS custody was placed in foster care, including a statement of the reasons why such child cannot be adequately and safely protected at his or her home and the harm which may occur if such child remains in his or her home and a description of the services offered and the services provided to prevent removal of such child from his or her home; (2) A clear statement describing all of the reasons supporting a finding that reunification of a child with his or her parent will be detrimental to such child and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist; and (3) The statements, provisions, and requirements found in paragraphs (11) and (12) of subsection (b) of Code Section 15-11-201.
15-11-201. (a) A case plan shall be designed to achieve placement in the most appropriate, least restrictive, and most family-like setting available and in close proximity to the alleged dependent child's parent's home, consistent with the best interests and special needs of such child, and shall consider the placement's proximity to the school in which such child is enrolled at the time of placement. (b) A case plan shall be developed by DFCS and the parent, guardian, or legal custodian of the alleged dependent child and, when appropriate, such child. A case plan shall include, but not be limited to, all of the following:
(1) A description of the circumstances that resulted in such child being placed under the jurisdiction of the court and in foster care; (2) An assessment of such child's and his or her family's strengths and needs and the type of placement best equipped to meet those needs; (3) A description of the type of home or institution in which such child is to be placed, including a discussion of the safety and appropriateness of the placement; (4) Specific time-limited goals and related activities designed to enable the safe return of such child to his or her home, or, in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation; (5) Assignment of specific responsibility for accomplishing the planned activities; (6) The projected date of completion of the case plan objectives; (7) The date time-limited services will be terminated; (8) A schedule of visits between such child and his or her siblings and other appropriate family members and an explanation if no visits are scheduled; (9) When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of such child's parent,

3704

JOURNAL OF THE HOUSE

guardian, or legal custodian or out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interests of the child; (10) When an out-of-state group home placement is recommended or made, the case plan shall comply with Code Section 39-4-4, the Interstate Compact on the Placement of Children. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for such particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended; (11) If applicable, a statement that reasonable efforts have been made and a requirement that reasonable efforts shall be made for so long as such child remains in the custody of the department:
(A) To place siblings removed from their home in the same foster care, kinship care, guardianship, or adoptive placement, unless DFCS documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and (B) In the case of siblings removed from their home who are not so jointly placed, for frequent visitation or other ongoing interaction between the siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; (12) Provisions ensuring the educational stability of such child while in foster care, including: (A) An assurance that the placement of such child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which such child is enrolled at the time of placement; (B) An assurance that the state agency has coordinated with appropriate local educational agencies to ensure that such child remains in the school in which such child is enrolled at the time of placement; or (C) If remaining in such school is not in the best interests of the child, an assurance by DFCS that DFCS and the local educational agencies have cooperated to assure the immediate and appropriate enrollment in a new school, with all of the educational records of such child provided to such new school; (13) An account of health and education information about such child including school records, immunizations, known medical problems, any known medications he or she may be taking, names and addresses of his or her health and educational providers; such child's grade level performance; assurances that such child's placement in foster care takes into account proximity to the school in which he or she was enrolled at the time of placement; and other relevant health and educational information; (14) A recommendation for a permanency plan for such child. If, after considering reunification, adoptive placement, or permanent guardianship, DFCS recommends placement in another planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the child's best interests. For purposes of this paragraph, a 'compelling

MONDAY, MARCH 25, 2013

3705

reason' shall have the same meaning as in paragraph (2) of subsection (b) of Code Section 15-11-233; (15) A statement that the parent, guardian, or legal custodian of such child and the child have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why such persons were not able to participate or sign the case plan; (16) A requirement that the DFCS case manager and staff and, as appropriate, other representatives of such child provide him or her with assistance and support in developing a transition plan that is personalized at the direction of such child, including specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, and is as detailed as such child may elect. The transition plan shall be completed in the 90 day period:
(A) Immediately prior to the date on which such child will attain 18 years of age; or (B) If such child remains in the care of DFCS past his or her eighteenth birthday, before his or her planned exit from DFCS care. (17) For such child in out-of-home care who is 14 years of age or older, a written description of the programs and services which will help him or her prepare for the transition from foster care to independent living; and (18) The identity of the person within DFCS or other agency who is directly responsible for ensuring that the case plan is implemented.
15-11-202. (a) Except as provided in subsection (a) of Code Section 15-11-203, reasonable efforts shall be made to preserve or reunify families:
(1) Prior to the placement of an alleged dependent child in DFCS custody to prevent the need for removing him or her from his or her home; or (2) To eliminate the need for removal and make it possible for a child alleged to be or adjudicated as a dependent child to return safely to his or her home at the earliest possible time. (b) In determining the type of reasonable efforts to be made to a child alleged to be or adjudicated as a dependent child and in making such reasonable efforts, such child's health and safety shall be the paramount concern. (c) Appropriate services to meet the needs of a child alleged to be or adjudicated as a dependent child and his or her family may include those provided by DFCS and other services available in the community. (d) The court shall be required to review the appropriateness of DFCS's reasonable efforts at each stage of the proceedings. (e)(1) At the preliminary protective hearing, DFCS has the burden of demonstrating that:
(A) It has made reasonable efforts to prevent placement of an alleged dependent child in foster care;

3706

JOURNAL OF THE HOUSE

(B) There are no appropriate services or efforts which could allow an alleged dependent child to safely remain in the home given the particular circumstances of such child and his or her family at the time of his or her removal and so the absence of such efforts was justifiable; or (C) Reasonable efforts to prevent placement and to reunify an alleged dependent child with his or her family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203. (2) At the adjudication hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to eliminate the need for removal of an alleged dependent child from his or her home and to reunify such child with his or her family at the earliest possible time; or (B) Reasonable efforts to prevent placement and to reunify an alleged dependent child with his or her family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203. (3) At each other hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to eliminate the need for removal of a child alleged to be or adjudicated as a dependent child from his or her home and to reunify such child with his or her family at the earliest possible time; or (B) It has made reasonable efforts to finalize an alternative permanent home for a child alleged to be or adjudicated as a dependent child. (f) When determining whether reasonable efforts have been made, the court shall consider whether services to the child alleged to be or adjudicated as a dependent child and his or her family were: (1) Relevant to the safety and protection of such child; (2) Adequate to meet the needs of such child and his or her family; (3) Culturally and linguistically appropriate; (4) Available and accessible; (5) Consistent and timely; and (6) Realistic under the circumstances. (g) A finding that reasonable efforts have not been made shall not preclude the entry of an order authorizing a child alleged to be or adjudicated as a dependent child's placement when the court finds that placement is necessary for the protection of such child. (h) When efforts to prevent the need for a child alleged to be or adjudicated as a dependent child's placement were precluded by an immediate threat of harm to such child, the court may make a finding that reasonable efforts were made if it finds that the placement of such child in the absence of such efforts was justifiable. (i) Reasonable efforts to place a child adjudicated as a dependent child for adoption or with a guardian or legal custodian may be made concurrently with reasonable efforts to reunify. When DFCS decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent, guardian, or legal custodian of a child adjudicated as a dependent child, DFCS shall disclose its decision and both plans to all parties and obtain approval from the court. When DFCS proceeds

MONDAY, MARCH 25, 2013

3707

on both plans, the court's review of reasonable efforts shall include efforts under both plans. (j) An order placing or continuing the placement of a child alleged to be or adjudicated as a dependent child in DFCS custody shall contain, but not be limited to, written findings of facts stating:
(1) That such child's continuation in or return to his or her home would be contrary to his or her welfare; (2) Whether reasonable efforts have been made to prevent or eliminate the need for placement of such child, unless the court has determined that such efforts are not required or shall cease; and (3) Whether reasonable efforts should continue to be made to prevent or eliminate the need for placement of such child, unless the court has previously determined that such efforts are not required or shall cease.
15-11-203. (a) The court may direct that reasonable efforts to eliminate the need for placement of an alleged dependent child shall not be required or shall cease if the court determines and makes written findings of fact that a parent of an alleged dependent child:
(1) Has subjected his or her child to aggravated circumstances; (2) Has been convicted of the murder of another child of such parent; (3) Has been convicted of the voluntary manslaughter of another child of such parent; (4) Has been convicted of aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (5) Has been convicted of committing a felony assault that results in serious bodily injury to the child or another child of such parent; (6) Has been convicted of rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the alleged dependent child or another child of the parent; (7) Is required to register as a sex offender and that preservation of a parent-child relationship is not in the alleged dependent child's best interests; or (8) Has had his or her rights to a sibling of the alleged dependent child terminated involuntarily and the circumstances leading to such termination of parental rights to that sibling have not been resolved. (b) If the court determines that one or more of the circumstances enumerated in subsection (a) of this Code section exist or DFCS has submitted a written report to the court which does not contain a plan for reunification services, then: (1) A permanency plan hearing shall be held for a child adjudicated as a dependent child within 30 days; and (2) Reasonable efforts shall be made to place a child adjudicated as a dependent child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of such child.

3708

JOURNAL OF THE HOUSE

15-11-204. (a) If the DFCS report does not contain a plan for reunification services, the court shall hold a nonreunification hearing to review the report and the determination that a plan for reunification services is not appropriate. (b) The nonreunification hearing shall be held no later than 30 days from the time the DFCS report is filed. Notice of the nonreunification hearing shall be provided, by summons, to the child adjudicated as a dependent child if he or she is 14 years of age or older, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, and specified nonparties entitled to notice. (c) At the nonreunification hearing:
(1) DFCS shall notify the court whether and when it intends to proceed with termination of parental rights; and (2) The court shall also hold a permanency plan hearing, at which the court shall consider in-state and out-of-state permanent placement options for the child adjudicated as a dependent child and shall incorporate a permanency plan for such child in its order. (d) DFCS shall have the burden of demonstrating by clear and convincing evidence that a reunification plan is not appropriate considering the health and safety of the child adjudicated as a dependent child and such child's need for permanence. There shall be a presumption that reunification is detrimental to a child adjudicated as a dependent child and reunification services should not be provided if the court finds by clear and convincing evidence that: (1) Such child's parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family; (2) An alleged dependent child has been removed from his or her home on at least two previous occasions and reunification services were made available on those occasions; (3) A ground for terminating parental rights exists; or (4) Any of the circumstances set out in subsection (a) of Code Section 15-11-203 exist, making it unnecessary to provide reasonable efforts to reunify. (e) If the court has entered an order finding that reasonable efforts to reunify a child adjudicated as a dependent child with his or her family are not required but the court finds further that referral for termination of parental rights and adoption is not in the best interests of such child, the court may, upon proper petition, place such child in the custody of a permanent guardian pursuant to the provisions of this article.
Part 11
15-11-210. (a) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.

MONDAY, MARCH 25, 2013

3709

(b) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate disposition. (c) Before determining the appropriate disposition, the court shall receive in evidence:
(1) The social study report, if applicable, made by DFCS and the child adjudicated as a dependent child's proposed written case plan. The social study report and case plan shall be filed with the court not less than 48 hours before the disposition hearing; (2) Any study or evaluation made by a guardian ad litem appointed by the court; (3) Any psychological, medical, developmental, or educational study or evaluation of the child adjudicated as a dependent child; and (4) Other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child adjudicated as a dependent child if reunification is unsuccessful. (d) Prior to a disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court. (e)(1) Portions of written reports received by the court which are not relied on by the court in reaching its decision, which if revealed would be prejudicial to the interests of any party to the proceeding, or which reveal confidential sources, may be withheld in the court's discretion. (2) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports. (f) At the conclusion of the disposition hearing, the court shall set the time and date for the first periodic review hearing and the permanency plan hearing.
15-11-211. (a) A diligent search shall be initiated at the outset of a case under this article and shall be conducted throughout the duration of a case, when appropriate. (b) A diligent search shall include at a minimum:
(1) Interviews with the child's parent during the course of an investigation, while child protective services are provided, and while such child is in care; (2) Interviews with the child; (3) Interviews with identified relatives throughout the case; (4) Interviews with any other person who is likely to have information about the identity or location of the person being sought; (5) Comprehensive searches of data bases available to DFCS including, but not limited to, searches of employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, corrections records, and any other records likely to result in identifying and locating the person being sought; (6) Appropriate inquiry during the course of hearings in the case; and (7) Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child. (c) A diligent search shall be completed by DFCS before final disposition.

3710

JOURNAL OF THE HOUSE

(d) All adult relatives of the alleged dependent child identified in a diligent search required by this Code section, subject to exceptions due to family or domestic violence, shall be provided with notice:
(1) Specifying that an alleged dependent child has been or is being removed from his or her parental custody; (2) Explaining the options a relative has to participate in the care and placement of the alleged dependent child and any options that may be lost by failing to respond to the notice; (3) Describing the process for becoming an approved foster family home and the additional services and supports available for children placed in approved foster homes; and (4) Describing any financial assistance for which a relative may be eligible. (e) The diligent search required by this Code section and the notification required by subsection (d) of this Code section shall be completed, documented in writing, and filed with the court within 30 days from the date on which the alleged dependent child was removed from his or her home. (f) After the completion of the diligent search required by this Code section, DFCS shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to a child and with whom it may be appropriate to place the alleged dependent child until such relatives or persons are found or until such child is placed for adoption unless the court excuses DFCS from conducting a diligent search.
15-11-212. (a) The court may make any of the following orders of disposition or a combination of those best suited to the protection and physical, emotional, mental, and moral welfare of a child adjudicated as a dependent child:
(1) Permit such child to remain with his or her parent, guardian, or legal custodian subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of such child; (2) Grant or transfer temporary legal custody to any of these persons or entities:
(A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for such child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for such child; (C) Any public agency authorized by law to receive and provide care for such child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include DJJ; or (D) An individual in another state with or without supervision by an appropriate officer pursuant to the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children;

MONDAY, MARCH 25, 2013

3711

(3) Transfer jurisdiction over such child in accordance with the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children; (4) Order such child and his or her parent, guardian, or legal custodian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, physician assistants, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future conditions of dependency or other conduct or conditions which would be harmful to a child or society; (5) Order the parent, guardian, or legal custodian of such child to participate in a court approved educational or counseling program designed to contribute to the ability of such parent, guardian, or legal custodian to provide proper parental care and supervision of such child, including, but not limited to, parenting classes; (6) Order DFCS to implement and such child's parent, guardian, or legal custodian to cooperate with any plan approved by the court; or (7) Order temporary child support for such child to be paid by that person or those persons determined to be legally obligated to support such child. In determining such temporary child support, the court shall apply the child support guidelines provided in Code Section 19-6-15 and the implementation and any review of the order shall be held as provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction, the court may order the child support obligor in the existing order to make payments to such child's caretaker on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile court's order shall be filed in the clerk's office of the court that entered the existing order. Temporary child support orders entered pursuant to this paragraph shall be enforceable by the court's contempt powers so long as the court is entitled to exercise jurisdiction over the dependency case. (b) The transfer of temporary legal custody may be subject to conditions and limitations the court may prescribe. Such conditions and limitations shall include a provision that the court shall approve or direct the return of the physical custody of a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian either upon the occurrence of specified circumstances or at the direction of the court. The return of physical custody of a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian may be made subject to conditions and limitations the court may prescribe, including, but not limited to, supervision for the protection of such child. (c) A child adjudicated as a dependent child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children unless such child is also adjudicated to be a delinquent child and such child's detention is warranted under the requirements of Article 6 of this chapter. (d) After transferring temporary legal custody of a child adjudicated as a dependent child to DFCS, the court may at any time conduct sua sponte a judicial review of the

3712

JOURNAL OF THE HOUSE

current placement plan being provided to such child. After its review, the court may order DFCS to comply with the current placement plan, order DFCS to devise a new placement plan, or make any other order relative to placement or custody outside DFCS as the court finds to be in the best interests of such child. Placement or a change of custody by the court outside DFCS shall relieve DFCS of further responsibility for such child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate. (e) A court shall not be required to make an order of disposition regarding a child who is discharged from a facility in which such child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless such child is to be discharged into the physical custody of any person who had such custody when the court made its most recent adjudication that the child was a dependent child. (f) If a child is adjudicated as a dependent child and the dependency is found to have been the result of substance abuse by his or her parent, guardian, or legal custodian and the court orders transfer of temporary legal custody of such child, the court shall be authorized to further order that legal custody of such child may not be transferred back to his or her parent, guardian, or legal custodian unless such parent, guardian, or legal custodian undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months. (g) If the court finds that DFCS preventive or reunification efforts have not been reasonable but that further efforts could not permit a child adjudicated as a dependent child to safely remain at home, the court may nevertheless authorize or continue the removal of such child. (h) When the case plan requires a concurrent permanency plan, the court shall review the reasonable efforts of DFCS to recruit, identify, and make a placement in a home in which a relative of a child adjudicated as a dependent child, foster parent, or other persons who have demonstrated an ongoing commitment to the child has agreed to provide a legally permanent home for such child in the event reunification efforts are not successful.
15-11-213. Any order of disposition shall contain written findings of fact to support the disposition and case plan ordered. Before making an order of disposition, the court shall consider the following:
(1) Why the best interests and safety of a child adjudicated as a dependent child are served by the disposition and case plan ordered, including but not limited to:
(A) The interaction and interrelationship of such child with his or her parent, siblings, and any other person who may significantly affect the child's best interests; (B) Such child's adjustment to his or her home, school, and community; (C) The mental and physical health of all individuals involved; (D) The wishes of such child as to his or her placement;

MONDAY, MARCH 25, 2013

3713

(E) The wishes of such child's parent, guardian, or legal custodian as to such child's custody; (F) Whether there exists a relative of such child or other individual who, after study by DFCS, is found to be qualified to receive and care for such child; and (G) The ability of a parent, guardian, or legal custodian of a child adjudicated as a dependent child to care for such child in the home so that no harm will result to such child; (2) The availability of services recommended in the case plan; (3) What alternative dispositions or services under the case plan were considered by the court and why such dispositions or services were not appropriate in the instant case; (4) The appropriateness of the particular placement made or to be made by the placing agency; and (5) Whether reasonable efforts were made to prevent or eliminate the necessity of a child adjudicated as a dependent child's removal and to reunify his or her family after removal from the custody of his or her family unless reasonable efforts were not required. The court's findings should include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the necessity of such removal.
15-11-214. (a) An order of disposition in a dependency proceeding shall continue in force until the purposes of the order have been accomplished. (b) The court may terminate an order of disposition of a child adjudicated as a dependent child on or without an application of a party if it appears to the court that the purposes of the order have been accomplished. (c) Unless a child remains in DFCS care or continues to receive services from DFCS, when a child adjudicated as a dependent child reaches 18 years of age, all orders affecting him or her then in force terminate and he or she shall be discharged from further obligation or control.
15-11-215. (a) Not less than five days in advance of any placement change, DFCS shall notify the court, a child who is 14 years of age or older, the child's parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child's attorney, the child's guardian ad litem, if any, and any other attorney of record of such change in the location of the child's placement while the child is in DFCS custody. (b) If a child's health or welfare may be endangered by any delay in changing his or her placement, the court and all attorneys of record shall be notified of such placement change within 24 hours of such change. (c) A child adjudicated as a dependent child who is 14 years of age or older, his or her parent, guardian, or legal custodian, the person or agency with physical custody of the child, such child's attorney, such child's guardian ad litem, if any, and any attorney of

3714

JOURNAL OF THE HOUSE

record may request a hearing pertaining to such child's case plan or the permanency plan in order for the court to consider the change in the location of such child's placement and any changes to the case plan or permanency plan resulting from such child's change in placement location. The hearing shall be held within five days of receiving notice of a change in the location of such child's placement and prior to any such placement change, unless such child's health or welfare may be endangered by any delay in changing such child's placement. (d) At the hearing to consider a child adjudicated as a dependent child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by DFCS, including a recommendation as to the location of the placement of such child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by DFCS, including the location of such child's placement. (e) If the court rejects DFCS recommendations, the court shall demonstrate that DFCS recommendations were considered and explain why it did not follow such recommendations. If the court rejects the DFCS case plan and permanency plan recommendations, including the change in the location of the placement of a child adjudicated as a dependent child, the court may order DFCS to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of such child within the resources of the department, or make any other order relative to placement or custody outside the department as the court finds to be in the best interests of such child and consistent with the policy that children in DFCS custody should have stable placements. (f) Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for a child adjudicated as a dependent child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate.
15-11-216. (a) All cases of children in DFCS custody shall be initially reviewed within 75 days following a child adjudicated as a dependent child's removal from his or her home and shall be conducted by the court. An additional periodic review shall be held within four months following the initial review and shall be conducted by the court or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as are established by court rule by the Supreme Court, with the advice and consent of the Council of Juvenile Court Judges. The court shall have the discretion to schedule any subsequent review hearings as necessary. (b) At any periodic review hearing, the paramount concern shall be a child adjudicated as a dependent child's health and safety. (c) At the initial 75 day periodic review, the court shall approve the completion of the relative search, schedule the subsequent four-month review to be conducted by the court or a citizen judicial review panel, and shall determine:

MONDAY, MARCH 25, 2013

3715

(1) Whether a child adjudicated as a dependent child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for such child and his or her family and whether any changes need to be made to the case plan, including whether a concurrent case plan for nonreunification is appropriate; (3) The extent of compliance with the case plan by all participants; (4) The appropriateness of any recommended changes to such child's placement; (5) Whether appropriate progress is being made on the permanency plan; (6) Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian; (7) Whether visitation is appropriate and, if so, approve and establish a reasonable visitation schedule consistent with the age and developmental needs of a child adjudicated as a dependent child; (8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of such child's removal from his or her home and to reunify the family after removal of a child adjudicated as a dependent child, unless reasonable efforts were not required. (d) If at any review subsequent to the initial 75 day review the court finds that there is a lack of substantial progress towards completion of the case plan, the court shall order DFCS to develop a case plan for nonreunification or a concurrent case plan contemplating nonreunification. (e) At the time of each review of a child adjudicated as a dependent child in DFCS custody, DFCS shall notify the court whether and when it intends to proceed with the termination of parental rights.
15-11-217. (a) In the event the periodic review of a case is conducted by a judicial citizen review panel, the panel shall transmit its report and that of DFCS, including its findings and recommendations together with DFCS proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parent within five days after the review. (b) DFCS shall provide the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relatives providing care for such child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to such child. (c) Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of the plan.

3716

JOURNAL OF THE HOUSE

(d) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating the revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. (e) Notwithstanding subsections (c) and (d) of this Code section, if the judicial citizen review panel finds that there is a lack of substantial progress towards completion of the case plan, the court shall schedule a hearing within 30 days of such finding to determine whether a case plan for nonreunification is appropriate. (f) If the judicial citizen review panel determines that a parent of a child adjudicated as a dependent child has unjustifiably failed to comply with the ordered plan designed to reunite such child's family and that such failure is significant enough to warrant consideration of the parent's termination of parental rights, the panel may make a recommendation to DFCS and the attorney for such child that a petition for termination of parental rights should be prepared.
15-11-218. (a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall issue written findings of fact that include:
(1) Why a child adjudicated as a dependent child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for a child adjudicated as a dependent child and his or her family and whether any changes need to be made to the case plan including whether a concurrent case plan for nonreunification is appropriate; (3) The extent of compliance with the case plan by all participants; (4) The basis for any changes to the placement of a child adjudicated as a dependent child; (5) Whether visitation is or continues to be appropriate; (6) A description of progress being made on the permanency plan; (7) Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian; (8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the removal of a child adjudicated as a dependent child and to reunify his or her family after removal, unless reasonable efforts were not required. (b) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall order one of the following dispositions: (1) Return a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian's home with or without court imposed conditions;

MONDAY, MARCH 25, 2013

3717

(2) Allow a child adjudicated as a dependent child to continue in the current custodial placement because the current placement is appropriate for such child's needs; (3) Allow a child adjudicated as a dependent child to continue in the current custodial placement although the current placement is no longer appropriate for such child's needs and direct DFCS to devise another plan which shall:
(A) Be submitted within ten days for court approval; (B) Be furnished to all parties after court approval of the revised plan; and (C) Be provided to the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relative providing care for such child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to such child; or (4) Make additional orders regarding the treatment plan or placement of a child adjudicated as a dependent child to protect such child's best interests if the court determines DFCS has failed in implementing any material provision of the case plan or abused its discretion in the placement or proposed placement of such child.
Part 12
15-11-230. (a) The court shall hold a permanency plan hearing to determine the future permanent legal status of each child in DFCS custody. (b) A permanency plan hearing, which considers in-state and out-of-state placement options for a child adjudicated as a dependent child, shall be held:
(1) No later than 30 days after DFCS has submitted a written report to the court which does not contain a plan for reunification services; (2) For children under seven years of age at the time a petition is filed, no later than nine months after such child has entered foster care; (3) For children seven years of age and older at the time a petition is filed, no later than 12 months after such child has entered foster care; or (4) For a child in a sibling group whose members were removed from the home at the same time and in which one member of the sibling group was under seven years of age at the time a petition for dependency was filed, the permanency plan hearing shall be held no later than nine months after such child has entered foster care. (c) After the initial permanency plan hearing has occurred, a permanency plan hearing shall be held not less frequently than every six months during the time a child adjudicated as a dependent child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved. (d) A child adjudicated as a dependent child, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, foster parents if there are foster parents, any preadoptive parent or relatives providing care for such child, and other parties shall be given written notice of a permanency plan hearing at least five days in advance of

3718

JOURNAL OF THE HOUSE

such hearing and shall be advised that the permanency plan recommended by DFCS will be submitted to the court for consideration as the order of the court. (e) The court shall consult with the child adjudicated as a dependent child, in an ageappropriate manner, regarding the proposed permanency plan for such child.
15-11-231. At least five days prior to the permanency plan hearing, DFCS shall submit for the court's consideration a report recommending a permanency plan for a child adjudicated as a dependent child. The report shall include documentation of the steps to be taken by DFCS to finalize the permanent placement for such child and shall include, but not be limited to:
(1) The name, address, and telephone number of such child's parent, guardian, or legal custodian; (2) The date on which such child was removed from his or her home and the date on which such child was placed in foster care; (3) The location and type of home or facility in which such child is currently held or placed and the location and type of home or facility in which such child will be placed; (4) The basis for the decision to hold such child in protective custody or to place such child outside of his or her home; (5) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of such child or other persons who have demonstrated an ongoing commitment to a child or a statement as to why placement with the relative or other person is not safe or appropriate; (6) If as a result of the placement such child has been or will be transferred from the school in which such child is or most recently was enrolled, documentation that a placement that would maintain such child in that school is unavailable, inappropriate, or that such child's transfer to another school would be in such child's best interests; (7) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of such child and his or her family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of such child or, if available, why such services are not safe or appropriate; (8) The goal of the permanency plan which shall include:
(A) Whether and, if applicable, when such child shall be returned to his or her parent; (B) Whether and, if applicable, when such child shall be referred for termination of parental rights and adoption; (C) Whether and, if applicable, when such child shall be placed with a permanent guardian; or (D) In the case in which DFCS has documented a compelling reason that none of the foregoing options would be in the best interests of the child, whether, and if

MONDAY, MARCH 25, 2013

3719

applicable, when such child shall be placed in another planned permanent living arrangement; (9) If a child adjudicated as a dependent child is 14 years of age or older, a description of the programs and services that are or will be provided to assist such child in preparing for the transition from foster care to independent living. The description shall include all of the following: (A) The anticipated age at which such child will be discharged from foster care; (B) The anticipated amount of time available in which to prepare such child for the transition from foster care to independent living; (C) The anticipated location and living situation of such child on discharge from foster care; (D) A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist such child in preparing for the transition from foster care to independent living; and (E) The rationale for each program or service that is or will be provided to assist such child in preparing for the transition from foster care to independent living, the time frames for delivering such programs or services, and the intended outcome of such programs or services; and (10) When the recommended permanency plan is referral for termination of parental rights and adoption or placement in another home, a description of specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-state and interstate placements.
15-11-232. (a) At the permanency plan hearing, the court shall make written findings of fact that include the following:
(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing; (2) The continuing necessity for and the safety and appropriateness of the placement; (3) Compliance with the permanency plan by DFCS, parties, and any other service providers; (4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of a child adjudicated as a dependent child and his or her parent, guardian, or legal custodian; (5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent child outside of his or her home and toward returning such child safely to his or her home or obtaining a permanent placement for such child; (6) The date by which it is likely that a child adjudicated as a dependent child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement;

3720

JOURNAL OF THE HOUSE

(7) Whether, in the case of a child adjudicated as a dependent child placed out of state, the out-of-state placement continues to be appropriate and in the best interests of such child; and (8) In the case of a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living. (b) The permanency plan incorporated in the court's order shall include: (1) Whether and, if applicable, when a child adjudicated as a dependent child shall be returned to his or her parent; (2) Whether and, if applicable, when a child adjudicated as a dependent child shall be referred for termination of parental rights and adoption; (3) Whether and, if applicable, when a child adjudicated as a dependent child shall be placed with a permanent guardian; or (4) Whether there is a safe and appropriate placement with a fit and willing relative of a child adjudicated as a dependent child or other persons who have demonstrated an ongoing commitment to a child or a statement as to why placement with such relative or other person is not safe or appropriate. (c) If the court finds that there is a compelling reason that it would not be in a child's best interests to be returned to his or her parent, referred for termination of parental rights and adoption, or placed with a permanent guardian, then the court's order shall document the compelling reason and provide that such child should be placed in another planned permanent living arrangement as defined in the court's order. (d) A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of a child adjudicated as a dependent child provide such child with assistance and support in developing a transition plan that is personalized at the direction of such child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as such child may elect in the 90 day period immediately prior to the date on which he or she will attain 18 years of age.
15-11-233. (a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to terminate the parental rights of a parent of a child adjudicated as a dependent child or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption if:
(1) A child adjudicated as a dependent child has been in foster care under the responsibility of DFCS for 15 of the most recent 22 months;

MONDAY, MARCH 25, 2013

3721

(2) The court has made a determination that the parent has subjected his or her child to aggravated circumstances; or (3) The court has made a determination that the parent of a child adjudicated as a dependent child has been convicted of:
(A) The murder of another child of such parent; (B) Voluntary manslaughter of another child of such parent; (C) Voluntary manslaughter of the other parent of such child; (D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of such child; or (F) Committing felony assault that has resulted in serious bodily injury to such child or to another child of such parent. (b) Termination of parental rights may not be in the best interests of a child adjudicated as a dependent child when: (1) Such child is being cared for by his or her relative; (2) The case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of such child. Such compelling reasons may include, but not be limited to: (A) A parent of such child is successfully participating in services that will make it possible for his or her child to safely return home; (B) Another permanency plan is better suited to meet the health and safety needs of such child. Documentation that another permanent plan is better suited to meet the health and safety needs of such child may include documentation that:
(i) Such child is 14 years of age or older and objects to termination of parental rights. Prior to accepting a child's objection, the court shall personally question such child in chambers to determine whether the objection is a voluntary and knowing choice; (ii) Such child is 16 years of age or older and specifically requests that emancipation be established as his or her permanent plan; (iii) The parent of such child and such child have a significant bond, but such parent is unable to care for such child because of an emotional or physical disability and such child's caregiver has committed to raising such child to the age of majority and facilitating visitation with such disabled parent; or (iv) Such child is in a residential treatment facility that provides services specifically designed to address his or her treatment needs and the court determines that his or her needs could not be served by a less restrictive placement; (C) Such child is living with his or her relative who is unable or unwilling to adopt such child, but who is willing and capable of providing such child with a stable and permanent home environment and the removal of such child from the physical custody of his or her relative would be detrimental to such child's emotional wellbeing;

3722

JOURNAL OF THE HOUSE

(D) The court or judicial citizen review panel, in a prior hearing or review, determined that while the case plan was to reunify the family, DFCS did not make reasonable efforts; or (E) Such child is an unaccompanied refugee or there are international legal obligations or foreign policy reasons that would preclude terminating parental rights; or (3) DFCS has not provided to the family of such child services deemed necessary for his or her safe return to his or her home, consistent with the specific time frames for the accomplishment of the case plan goals. (c) The recommendation by DFCS that termination of parental rights is not in the best interests of a child shall be based on the present family circumstances of such child and shall not preclude a different recommendation at a later date if the family circumstances of a child adjudicated as a dependent child change.
Part 13
15-11-240. (a) In addition to the jurisdiction to appoint guardians pursuant to Code Section 15-1113, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child adjudicated as a dependent child in accordance with this article. Prior to the entry of such an order, the court shall:
(1) Find that reasonable efforts to reunify such child with his or her parents would be detrimental to such child or find that the living parents of such child have consented to the permanent guardianship; (2) Find that termination of parental rights and adoption is not in the best interests of such child; (3) Find that the proposed permanent guardian can provide a safe and permanent home for such child; (4) Find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen as such child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and (5) If such child is 14 years of age or older, find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child. (b) The court may enter an order of support on behalf of a child against the parents of such child in accordance with paragraph (7) of subsection (a) of Code Section 15-11212.

MONDAY, MARCH 25, 2013

3723

15-11-241. The petition for the appointment of a permanent guardian pursuant to this part shall set forth:
(1) The facts upon which the court's jurisdiction is based; (2) The name and date of birth of the child adjudicated as a dependent child; (3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to such child, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to such child, if any; (4) A statement that:
(A) Reasonable efforts to reunify such child with his or her parents would be detrimental to such child; (B) Termination of parental rights and adoption is not in the best interests of such child; (C) The proposed guardian can provide a safe and permanent home for such child; (D) The appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen as such child's guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and (E) If such child is 14 years of age or older, that the appointment of a permanent guardian for such child is in the best interests of the child and that the individual chosen by such child as the child's permanent guardian is the most appropriate individual to be such child's permanent guardian taking into consideration the best interests of the child; (5) Whether such child was born out of wedlock and, if so, the name and address of the biological father, if known; (6) Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of such child that deals with the guardianship of such child and the name and address of any designee named in the document; (7) In addition to the petitioner and the nominated guardian and, if the parent of such child has not consented to the permanent guardianship, the names and addresses of the following relatives of such child whose parents' whereabouts are known: (A) The adult siblings of such child; provided, however, that not more than three adult siblings need to be listed; (B) If there is no adult sibling of such child, the grandparents of such child; provided, however, that not more than three grandparents need to be listed; or (C) If there is no grandparent of such child, any three of the nearest adult relatives of such child determined according to Code Section 53-2-1; (8) Whether a temporary guardian has been appointed for such child or a petition for the appointment of a temporary guardian has been filed or is being filed; and (9) The reason for any omission in the petition for appointment of a permanent guardian for such child in the event full particulars are lacking.

3724

JOURNAL OF THE HOUSE

15-11-242. (a) Permanent guardianship orders entered pursuant to Code Section 15-11-240 shall:
(1) Remain in effect until the child adjudicated as a dependent child reaches the age of 18 or becomes emancipated; (2) Not be subject to review by the court except as provided in Code Section 15-11244; and (3) Establish a reasonable visitation schedule which allows the child adjudicated as a dependent child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent's right to visitation. (b) A permanent guardian shall have the rights and duties of a permanent guardian as provided in Code Sections 29-2-21, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as provided in Code Section 29-2-24.
15-11-243. (a) Notice of a guardianship petition pursuant to this part shall be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardianship, notice of the petition shall not be required to be given to:
(1) The adult siblings of the child who was adjudicated as a dependent child; (2) The grandparents of the child who was adjudicated as a dependent child; or (3) The nearest adult relatives of the child who was adjudicated as a dependent child as determined in accordance with Code Section 53-2-1. (b) The hearing shall be conducted in accordance with Code Section 29-2-18 to determine the best interests of the child who was adjudicated as a dependent child, and in reaching its determination the court shall consider Code Section 15-11-240.
15-11-244. (a) The court shall retain jurisdiction over a guardianship action under this part for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian. (b) The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support or visitation order entered pursuant to Code Section 15-11-240. (c) The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child who was adjudicated as a dependent child or the guardian and that such modification, vacation, or revocation of the guardianship order and the appointment of a new guardian is in the best interests of the child. Appointment of a new guardian shall be subject to the provisions of Code Sections 15-11-240 and 15-11241.
ARTICLE 4 Part 1

MONDAY, MARCH 25, 2013

3725

15-11-260. (a) The purpose of this article is:
(1) To protect a child who has been adjudicated as a dependent child from his or her parent who is unwilling or unable to provide safety and care adequate to meet such child's physical, emotional, and mental health needs by providing a judicial process for the termination of all parental rights and responsibilities; (2) To eliminate the need for a child who has been adjudicated as a dependent child to wait unreasonable periods of time for his or her parent to correct the conditions which prevent his or her return to the family; (3) To ensure that the continuing needs of a child who has been alleged or adjudged to be a dependent child for proper physical, mental, and emotional growth and development are the decisive considerations in all proceedings; (4) To ensure that the constitutional rights of all parties are recognized and enforced in all proceedings conducted pursuant to this article while ensuring that the fundamental needs of a child are not subjugated to the interests of others; and (5) To encourage stability in the life of a child who has been adjudicated as a dependent child and has been removed from his or her home by ensuring that all proceedings are conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for such child. (b) Nothing in this article shall be construed as affecting the rights of a parent who is not the subject of the proceedings.
15-11-261. (a) An order terminating the parental rights of a parent shall be without limit as to duration and shall divest the parent and his or her child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except:
(1) The right of such child to receive child support from his or her parent until a final order of adoption is entered; (2) The right of such child to inherit from and through his or her parent. The right of inheritance of such child shall be terminated only by a final order of adoption; and (3) The right of such child to pursue any civil action against his or her parent. (b) When an order terminating the parent and child relationship has been issued, the parent whose right has been terminated shall not thereafter be entitled to notice of proceedings for the adoption of his or her child by another, nor has the parent any right to object to the adoption or otherwise to participate in such proceedings. (c) The relationship between a child and his or her siblings shall not be severed until that relationship is terminated by final order of adoption. (d) A relative whose relationship to a child is derived through the parent whose parental rights are terminated shall be considered to be a relative of such child for purposes of placement of, and permanency plan for, such child until such relationship is terminated by final order of adoption.

3726

JOURNAL OF THE HOUSE

15-11-262. (a) A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for a child in a termination of parental rights proceeding. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child. (c) A child's attorney owes to a child the duties imposed by the law of this state in an attorney-client relationship. (d) The court may appoint a guardian ad litem for a child in a termination proceeding at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (e) The role of a guardian ad litem in a termination of parental rights proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (f) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding. (g) An attorney appointed to represent a child in a termination proceeding shall continue the representation in any subsequent appeals unless excused by the court. (h) Unless authorized by the court, neither a child or a representative of a child may waive the right to any attorney in a termination proceeding. (i) A party other than a child shall be informed of his or her right to an attorney prior to the adjudication hearing and prior to any other hearing at which a party could be subjected to the loss of residual parental rights. A party other than a child shall be given an opportunity to:
(1) Obtain and employ an attorney of the party's own choice; (2) To obtain a court appointed attorney if the court determines that the party is an indigent person; or (3) Waive the right to an attorney.
15-11-263. (a) Upon motion of any party or the court, the court may require a physical or mental evaluation of a child adjudicated as a dependent child or his or her parent, stepparent, guardian, or legal custodian. (b) The cost of any ordered evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.

MONDAY, MARCH 25, 2013

3727

15-11-264. (a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party; (2) A copy of any formal written statement made by the child adjudicated as a dependent child or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing; (3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced; (4) Any drug screen concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian; (5) Any case plan concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian; (6) Any visitation schedule related to the child who is adjudicated as a dependent child; (7) Photographs and any physical evidence which are intended to be introduced at any hearing; (8) Copies of the police incident report regarding an occurrence which forms part or all of the basis of the petition; and (9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section. (b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing: (1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the child adjudicated as a dependent child or the family, parent, guardian, or legal custodian of such child; (2) Any school record concerning the child adjudicated as a dependent child; (3) Any medical record concerning the child adjudicated as a dependent child; (4) Transcriptions, recordings, and summaries of any oral statement of the child adjudicated as a dependent child or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel; (5) Any family team meeting report or multidisciplinary team meeting report concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian; (6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and (7) Immigration records concerning the child adjudicated as a dependent child.

3728

JOURNAL OF THE HOUSE

(c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party:
(1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request. (e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would: (1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) No deposition shall be taken of a child adjudicated as a dependent child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part. (g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from

MONDAY, MARCH 25, 2013

3729

introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication. (i) Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.
15-11-265. Once a petition to terminate parental rights has been filed, the parent of a child adjudicated as a dependent child shall thereafter be without authority to execute an act of surrender or otherwise to affect the custody of his or her child except such parent may:
(1) Execute an act of surrender in favor of the department; and (2) Consent to a judgment terminating his or her parental rights.
Part 2
15-11-270. (a) A proceeding under this article shall be commenced in the county that has jurisdiction over the related dependency proceedings. (b) For the convenience of the parties, the court may transfer proceedings to the county in which the parent of a child adjudicated as a dependent child legally resides. If a proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.
Part 3
15-11-280. (a) A petition to terminate parental rights and all subsequent court documents in such proceeding shall be entitled 'In the interest of _____, a child.', except upon appeal, in which event the anonymity of a child shall be preserved by use of appropriate initials. The petition shall be in writing. (b) The petition to terminate parental rights shall be made, verified, and endorsed by the court as provided in Article 3 of this chapter for a petition alleging dependency. (c) A petition to terminate parental rights shall:
(1) State clearly that an order for termination of parental rights is requested and that the effect of the order will conform to Code Section 15-11-261; (2) State the statutory ground, as provided in Code Section 15-11-310, on which the petition is based; and (3) Set forth plainly and with particularity:

3730

JOURNAL OF THE HOUSE

(A) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and the public that the proceeding be brought; (B) The name, age, date of birth, and residence address of the child named in the petition; (C) The name and residence address of the parent, guardian, or legal custodian of such child; or, if the parent, guardian, or legal custodian of the child named in the petition to terminate parental rights does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (D) Whether the child named in the petition is in protective custody and, if so, the place of his or her foster care and the time such child was taken into protective custody; and (E) Whether any of the information required by this paragraph is unknown. (d) When a petition to terminate parental rights seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to his child, the petition shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child named in the petition or indicating the possibility of paternity of a child of the child's mother for a period beginning no more than two years immediately preceding such child's date of birth. The certificate shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition or as of a date later than the date of the petition. (e) A copy of a voluntary surrender or written consent, if any, previously executed by a parent of the child named in the petition to terminate parental rights shall be attached to the petition.
15-11-281. (a) The court shall direct the issuance of a summons to the mother, legal father or biological father, guardian, legal custodian, attorney, and guardian ad litem, if any, of the child named in the petition to terminate parental rights and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. A copy of such petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of such petition can be obtained. (b) The court shall direct notice and a copy of the petition be provided to the child named in the petition if the child is 14 years of age or older. (c) The summons shall include the notice of effect of a termination judgment as set forth in Code Section 15-11-284 and shall state that a party is entitled to an attorney in

MONDAY, MARCH 25, 2013

3731

the proceedings and that the court will appoint an attorney if the party is an indigent person. (d) The court may endorse upon the summons an order directing the parent, guardian, or legal custodian of the child named in the petition to appear personally at the hearing or directing the person having the physical custody or control of such child to bring such child to the hearing. (e) A party other than the child named in the petition may waive service of summons by written stipulation or by voluntary appearance at the hearing.
15-11-282. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 30 days before the termination of parental rights hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least 30 days before the termination of parental rights hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least 30 days before the termination of parental rights hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt request. (d) If, after due diligence, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The termination of parental rights hearing shall not be earlier than 31 days after the date of the last publication.
(e)(1) Service by publication shall be made once a week for four consecutive weeks in the legal organ of the county where the petition to terminate parental rights has been filed. Service shall be deemed complete upon the date of the last publication. (2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights. (3) The petition to terminate parental rights shall be available to the parent whose rights are sought to be terminated free of charge from the court during business hours or, upon request, shall be mailed to such parent. (4) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and

3732

JOURNAL OF THE HOUSE

a copy of the petition to terminate parental rights to the absent parent's last known address. (f) Service of the summons may be made by any suitable person under the direction of the court. (g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-283. (a) Unless he has surrendered all parental rights to his child, a summons shall be served on the legal father of a child named in the petition brought pursuant to this article or the biological father:
(1) Whose paternity has been previously established in a judicial proceeding to which the father was a party; (2) Whose identity is known to the petitioner or the petitioner's attorney; (3) Who is a registrant on the putative father registry and has acknowledged paternity of the child named in the petition brought pursuant to this article; (4) Who is a registrant on the putative father registry who has indicated possible paternity of the child named in the petition brought pursuant to this article that was born to such child's mother during a period beginning no more than two years immediately preceding such child's date of birth; or (5) Who, if the court finds from the evidence including but not limited to the affidavit of the mother of a child named in the petition brought pursuant to this article, has performed any of the following acts:
(A) Lived with such child; (B) Contributed to such child's support; (C) Made any attempt to legitimate such child; or (D) Provided support or medical care for such mother either during her pregnancy or during her hospitalization for the birth of such child. (b) Notice shall be given to the biological father or legal father by the following methods: (1) If the biological father or legal father is within this state and can be found, the summons shall be served upon him personally as soon as possible and least 30 days before the termination of parental rights hearing; (2) If the biological father or legal father is outside this state but his address is known or can be ascertained with due diligence, service of summons shall be made at least 30 days before the termination of parental rights hearing either by delivering a copy to him personally or by mailing a copy to him by registered or certified mail or statutory overnight delivery, return receipt requested; or (3) If, after due diligence, the biological father or legal father to be served with summons cannot be found and his address cannot be ascertained, whether he is within or outside this state, the court may order service of summons upon him by

MONDAY, MARCH 25, 2013

3733

publication. The termination of parental rights hearing shall not be earlier than 31 days after the date of the last publication. Service by publication shall be as follows:
(A) Service by publication shall be made once a week for four consecutive weeks in the legal organ of the county where the petition to terminate parental rights has been filed and of the county of the biological father's last known address. Service shall be deemed complete upon the date of the last publication; (B) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the biological father or legal father to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights; (C) The petition to terminate parental rights shall be available to the biological father or legal father whose rights are sought to be terminated free of charge from the court during business hours or, upon request, shall be mailed to the biological father or legal father; and (D) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition to terminate parental rights to the biological father's or legal father's last known address. (c) The notice shall advise the biological father who is not the legal father that he may lose all rights to the child named in a petition brought pursuant to this article and will not be entitled to object to the termination of his rights to such child unless, within 30 days of receipt of notice, he files: (1) A petition to legitimate such child; and (2) Notice of the filing of the petition to legitimate with the court in which the termination of parental rights proceeding is pending. (d) If the identity of the biological father whose rights are sought to be terminated is not known to the petitioner or the petitioner's attorney and the biological father would not be entitled to notice in accordance with subsection (a) of this Code section, then it shall be rebuttably presumed that he is not entitled to notice of the proceedings. The court shall be authorized to require the mother to execute an affidavit supporting the presumption or show cause before the court if she refuses. Absent evidence rebutting the presumption, no further inquiry or notice shall be required by the court, and the court may enter an order terminating the rights of the biological father. (e) The court may enter an order terminating all the parental rights of a biological father, including any right to object thereafter to such proceedings: (1) Who fails to file a timely petition to legitimate the child named in a petition brought pursuant to this article and notice in accordance with subsection (c) of this Code section; (2) Whose petition to legitimate is subsequently dismissed for failure to prosecute; or

3734

JOURNAL OF THE HOUSE

(3) Whose petition to legitimate does not result in a court order finding that he is the legal father of the child named in a petition brought pursuant to this article.
15-11-284. The notice required to be given to the mother, the biological father, and legal father of the child shall state:
'NOTICE OF EFFECT OF TERMINATION JUDGMENT Georgia law provides that you can permanently lose your rights as a parent. A petition to terminate parental rights has been filed requesting the court to terminate your parental rights to your child. A copy of the petition to terminate parental rights is attached to this notice. A court hearing of your case has been scheduled for the _____ day of __________, _____, at (time of day), at the_________Court of _______County. If you fail to appear, the court can terminate your rights in your absence. If the court at the trial finds that the facts set out in the petition to terminate parental rights are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to your child. This means that you will not have the right to visit, contact, or have custody of your child or make any decisions affecting your child or your child's earnings or property. Your child will be legally freed to be adopted by someone else. Even if your parental rights are terminated: (1) You will still be responsible for providing financial support (child support payments) for your child's care unless and until your child is adopted; and (2) Your child can still inherit from you unless and until your child is adopted. This is a very serious matter. You should contact an attorney immediately so that you can be prepared for the court hearing. You have the right to hire an attorney and to have him or her represent you. If you cannot afford to hire an attorney, the court will appoint an attorney if the court finds that you are an indigent person. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is __________.'
15-11-285. (a) If any person named in and properly served with a summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child named in the petition pursuant to this article before the court, then the court may issue a rule nisi against the person, directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child named in the petition pursuant to this article into protective custody.

MONDAY, MARCH 25, 2013

3735

Part 4
15-11-300. (a) In advance of each hearing to terminate parental rights, DFCS shall give written notice of the date, time, place, and purpose of the hearing to the caregiver of the child at issue, the foster parents of such child, if any, any preadoptive parent, or any relative providing care for such child, including the right to be heard. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing by United States mail, e-mail, or hand delivery. (b) This Code section shall not be construed to require a caregiver, foster parent, preadoptive parent, or relative caring for the child at issue to be made a party to the hearing solely on the basis of such notice and right to be heard.
15-11-301. (a) If no just cause has been shown for delay, all hearings contemplated by this article shall be conducted within 90 days of the date a petition to terminate parental rights is filed. (b) If no just cause for delay has been shown by written finding of fact by the court, an order of disposition shall be issued by the juvenile court no later than 30 days after the conclusion of the hearing on the petition to terminate parental rights. (c) All hearings contemplated by this article shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the hearings. If no just cause for delay has been shown, the court reporter shall provide a transcript of the hearings no later than 30 days after a notice of appeal is filed. (d) This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order. (e) Failure to comply with the time requirements of this Code section shall not be grounds to invalidate an otherwise proper order terminating parental rights unless the court determines that such delay resulted in substantial prejudice to a party.
15-11-302. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent dependency or termination proceedings involving the same child or dependency or termination proceedings involving the same respondent.
15-11-303. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence.

3736

JOURNAL OF THE HOUSE

Part 5
15-11-310. (a) In considering the termination of parental rights, the court shall first determine whether one of the following statutory grounds for termination of parental rights has been met:
(1) The parent has given written consent to termination which has been acknowledged by the court or has voluntarily surrendered his or her child for adoption; (2) The parent has subjected his or her child to aggravated circumstances; (3) The parent has wantonly and willfully failed to comply for a period of 12 months or longer with a decree to support his or her child that has been entered by a court of competent jurisdiction of this or any other state; (4) A child is abandoned by his or her parent; or (5) A child is a dependent child due to lack of proper parental care or control by his or her parent, reasonable efforts to remedy the circumstances have been unsuccessful or were not required, such cause of dependency is likely to continue or will not likely be remedied, and the continued dependency will cause or is likely to cause serious physical, mental, emotional, or moral harm to such child. (b) If any of the statutory grounds for termination has been met, the court shall then consider whether termination is in a child's best interests after considering the following factors: (1) Such child's sense of attachments, including his or her sense of security and familiarity, and the continuity of affection for such child; (2) Such child's wishes and long-term goals; (3) Such child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives; and (4) Any other factors, including the factors set forth in Code Section 15-11-26, considered by the court to be relevant and proper to its determination. (c) If the court determines that a parent has subjected his or her child to aggravated circumstances because such parent has committed the murder of the other parent of such child, the court shall presume that termination of parental rights is in the best interests of the child.
15-11-311. (a) In determining whether a child is without proper parental care and control, the court shall consider, without being limited to, the following:
(1) A medically verified deficiency of such child's parent's physical, mental, or emotional health that is of such duration or nature so as to render such parent unable to provide adequately for his or her child; (2) Excessive use of or history of chronic unrehabilitated substance abuse with the effect of rendering a parent of such child incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of his or her child;

MONDAY, MARCH 25, 2013

3737

(3) A felony conviction and imprisonment of a parent of such child for an offense which has a demonstrably negative effect on the quality of the parent-child relationship including, but not limited to, any of the following:
(A) Murder of another child of such parent; (B) Voluntary manslaughter of another child of such parent; (C) Voluntary manslaughter of the other parent of his or her child; (D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of his or her child; or (F) Committing felony assault that results in serious bodily injury to his or her child or another child of such parent; (4) Egregious conduct or evidence of past egregious conduct of a physically, emotionally, or sexually cruel or abusive nature by such parent toward his or her child or toward another child of such parent; (5) Physical, mental, or emotional neglect of his or her child or evidence of past physical, mental, or emotional neglect by the parent of such child or another child of such parent; and (6) Serious bodily injury or death of a sibling of his or her child under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. (b) In determining whether a child who is not in the custody and care of his or her parent is without proper parental care and control, the court shall also consider, without being limited to, whether such parent, without justifiable cause, has failed significantly for a period of six months prior to the date of the termination hearing: (1) To develop and maintain a parental bond with his or her child in a meaningful, supportive manner; (2) To provide for the care and support of his or her child as required by law or judicial decree; and (3) To comply with a court ordered plan designed to reunite such parent with his or her child. (c) A parent's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for determining a parent to be unwilling or unable to provide safety and care adequate to meet his or her child's physical, emotional, and mental health needs as provided in paragraph (1) of subsection (a) of this Code section or as depriving such child of proper parental care or control for purposes of this Code section and Code Section 15-11-310.
Part 6
15-11-320. (a) When the court finds that any ground set out in Code Section 15-11-310 is proved by clear and convincing evidence and that termination of parental rights is in a child's

3738

JOURNAL OF THE HOUSE

best interests, it shall order the termination of the parent's rights. (b) The court's order shall:
(1) Contain written findings on which the order is based, including the factual basis for a determination that grounds for termination of parental rights exist and that termination is in the best interests of the child; (2) Be conclusive and binding on all parties from the date of entry; (3) Grant custody of the child at issue in accordance with Code Section 15-11-321; and (4) Inform the parent whose rights have been terminated of his or her right to use the services of the Georgia Adoption Reunion Registry; however, failure to include such information shall not affect the validity of the judgment. (c) If the court does not order the termination of parental rights but the court finds that there is clear and convincing evidence that a child is a dependent child, the court may enter a disposition order in accordance with the provisions of Article 3 of this chapter. (d) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the department within 15 days of the filing of such order.
15-11-321. (a) When a court enters an order terminating the parental rights of a parent or accepts a parent's voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child's court approved permanency plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in a child's best interests, the court shall enter findings of fact reflecting its consideration of the following:
(1) Such child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement for such child; (3) Such child's sense of attachment and need for continuity of relationships; (4) The value of biological and familial connections; and (5) Any other factors the court deems relevant to its determination. (b) A guardian or legal custodian shall submit to the jurisdiction of the court for purposes of placement. (c) A placement effected under the provisions of this Code section shall be conditioned upon the person who is given custody or who is granted an adoption of a child whose parents have had their parental rights terminated or surrendered agreeing to abide by the terms and conditions of the order of the court. (d) In addition to its rights as a legal custodian, the department has the authority to consent to the adoption of a child whose parents have had their parental rights terminated or surrendered.

MONDAY, MARCH 25, 2013

3739

15-11-322. (a) If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains unadopted, review the circumstances of such child to determine what efforts have been made to assure that such child will be adopted. The court shall:
(1) Make written findings regarding whether reasonable efforts have been made to move such child to permanency; (2) Evaluate whether, in light of any change in circumstances, the permanency plan for such child remains appropriate; and (3) Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement. (b) In those cases in which a child whose parents have had their parental rights terminated or surrendered was placed with a guardian, within 60 days after such appointment and within 60 days after each anniversary date of such appointment, the guardian shall file with the court a personal status report of such child which shall include: (1) A description of such child's general condition, changes since the last report, and such child's needs; (2) All addresses of such child during the reporting period and the living arrangements of such child for all addresses; and (3) Recommendations for any modification of the guardianship order.
15-11-323. (a) A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights or the parent voluntarily surrendered parental rights to DFCS and for whom the court has determined that adoption is no longer the permanent plan may petition the court to reinstate parental rights pursuant to the modification of orders procedure prescribed by Code Section 15-11-32. Such child may file the petition to reinstate parental rights prior to the expiration of such three-year period if the department or licensed child-placing agency that is responsible for the custody and supervision of such child and such child stipulate that such child is no longer likely to be adopted. A child 14 years of age or older shall sign the petition in the absence of a showing of good cause as to why such child could not do so. (b) If it appears that the best interests of a child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall cause notice to be served by United States mail to DFCS, the attorney of record, guardian ad litem, if any, and foster parents, if any, of the child whose parental rights were terminated or surrendered and the child's former parent whose parental rights were terminated or surrendered. The former parent and foster parents, if any, shall have a right to be heard at the hearing to reinstate parental rights but shall not be parties at such hearing, and such hearing may be conducted in their absence. A child's motion shall be dismissed if his or her former parent cannot be located or if such parent objects to the reinstatement.

3740

JOURNAL OF THE HOUSE

(c) The court shall grant the petition if it finds by clear and convincing evidence that a child is no longer likely to be adopted and that reinstatement of parental rights is in the child's best interests. In determining whether reinstatement is in the child's best interests the court shall consider, but not be limited to, the following:
(1) Whether a parent whose rights are to be reinstated is a fit parent and has remedied his or her deficits as provided in the record of the prior termination proceedings and prior termination order; (2) The age and maturity of a child and the ability of such child to express his or her preference; (3) Whether the reinstatement of parental rights will present a risk to a child's health, welfare, or safety; and (4) Other material changes in circumstances, if any, that may have occurred which warrant the granting of the petition. (d) If the court grants the petition to reinstate parental rights, a review hearing shall be scheduled within six months. During such period, the court may order that a child be immediately placed in the custody of his or her parent or, if the court determines that a transition period is necessary and such child is in DFCS custody at the time of the order, order DFCS to provide transition services to the family as appropriate. (e) An order granted under this Code section reinstates a parent's rights to his or her child. Such reinstatement shall be a recognition that the situation of the parent and his or her child has changed since the time of the termination of parental rights and reunification is now appropriate. (f) This Code section is intended to be retroactive and applied to any child who is under the jurisdiction of the court at the time of the hearing regardless of the date parental rights were terminated.
ARTICLE 5 Part 1
15-11-380. The purpose of this article is:
(1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from the irreversibility of certain choices and to protect the integrity of such child's family; (2) To make family members aware of their contributions to their family's problems and to encourage family members to accept the responsibility to participate in any program of care ordered by the court; (3) To provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation that he or she needs to assist him or her in becoming a responsible and productive member of society; and (4) To ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of a family referred to the court.

MONDAY, MARCH 25, 2013

3741

15-11-381. As used in this article, the term:
(1) 'Comprehensive services plan' means an interagency treatment, habilitation, support, or supervision plan developed collaboratively by state or local agency representatives, parties, and other interested persons following a court's finding that a child is incompetent to proceed. (2) 'Habilitation' means the process by which a child is helped to acquire and maintain those life skills which will enable him or her to cope more effectively with the demands of his or her own person and of his or her environment and to raise the level of his or her physical, mental, social, and vocational abilities. (3) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a comprehensive services plan. (4) 'Runaway' means a child who without just cause and without the consent of his or her parent, guardian, or legal custodian is absent from his or her home or place of abode for at least 24 hours. (5) 'Status offense' means an act prohibited by law which would not be an offense if committed by an adult. (6) 'Truant' means having ten or more days of unexcused absences from school in the current academic year.
Part 2
15-11-390. (a) A complaint alleging a child is a child in need of services may be filed by a parent, guardian, or legal custodian, DFCS, a school official, a law enforcement officer, a guardian ad litem, or an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true. (b) The complaint shall set forth plainly and with particularity:
(1) The name, date of birth, and residence address of the child alleged to be a child in need of services; (2) The names and residence addresses of the parent, guardian, or legal custodian, any other family members, or any other individuals living within such child's home; (3) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by such child; and (4) Whether any of the matters required by this subsection are unknown. (c) When a school official is filing a complaint alleging a child is a child in need of services, information shall be included which shows that: (1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and (2) The school district has sought to engage the parent, guardian, or legal custodian of such child in solving the problem but such person has been unwilling or unable to do so, that the problem remains, and that court intervention is needed.

3742

JOURNAL OF THE HOUSE

(d) When a school official is filing a complaint alleging a child is a child in need of services involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, information shall be included which demonstrates that the legally liable school district:
(1) Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and (2) Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate. (e) The juvenile court intake officer shall be responsible for receiving complaints alleging that a child is a child in need of services.
Part 3
15-11-400. (a) The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than:
(1) Seventy-two hours after such child is taken into temporary custody if he or she is being held in a secure residential facility or nonsecure residential facility; or (2) Five days after such child is placed in foster care, provided that, if the five-day time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (b) If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the following time frames apply: (1) The petition for a child in need of services shall be filed:
(A) Within 30 days of the filing of the complaint with the juvenile court; or (B) Within 30 days of such child's release from temporary custody; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) An adjudication hearing shall be scheduled to be held no later than 60 days after the filing of the petition for a child in need of services; and (4) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing. (c) If a child alleged to be a child in need of services is not released from temporary custody at the continued custody hearing, the following time frames apply: (1) The petition for a child in need of services shall be filed within five days of the continued custody hearing; (2) Summons shall be served at least 72 hours before an adjudication hearing; (3) An adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition for a child in need of services; and (4) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.

MONDAY, MARCH 25, 2013

3743

15-11-401. (a) A proceeding under this article may be commenced in the county in which the act complained of took place or in the county in which the child alleged to be a child in need of services legally resides. (b) If a proceeding is commenced in the county in which the act complained of took place, the court shall transfer the case to the county in which the child alleged to be a child in need of services legally resides for further proceedings. (c) When a proceeding is transferred, certified copies of all legal and social documents and records on file with the clerk of court pertaining to the proceeding shall accompany such transfer.
15-11-402. (a) The court shall appoint an attorney for a child alleged to be a child in need of services. (b) The court shall appoint a CASA to act as a guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem. (c) The court may appoint a guardian ad litem for a child alleged to be a child in need of services at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (d) The role of a guardian ad litem in a proceeding for a child in need of services shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (e) If an attorney or a guardian ad litem has previously been appointed for a child in a dependency or delinquency proceeding, the court, when possible, shall appoint the same attorney or guardian ad litem for a child alleged to be a child in need of services. (f) An attorney appointed to represent a child in a proceeding for a child in need of services shall continue representation in any subsequent appeals unless excused by the court. (g) A child alleged to be a child in need of services shall be informed of his or her right to an attorney at or prior to the first court proceeding for a child in need of services. A child alleged to be a child in need of services shall be given an opportunity to:
(1) Obtain and employ an attorney of his or her own choice; or (2) To obtain a court appointed attorney if the court determines that such child is an indigent person.
15-11-403. A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on such

3744

JOURNAL OF THE HOUSE

motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record.
15-11-404. If a child is alleged or adjudicated to be a child in need of services and is placed in foster care, the child shall be required to have a case plan. In addition to the case plan requirements of Code Section 15-11-201, a case plan shall include:
(1) A description of such child's strengths and needs; (2) A description of such child's specific parental strengths and needs; (3) A description of other personal, family, or environmental problems that may contribute to such child's behaviors; (4) A description of the safety, physical, and mental health needs of such child; (5) Identification of the least restrictive placement to safeguard such child's best interests and protect the community; (6) An assessment of the availability of community resources to address such child's and his or her family's needs; (7) An assessment of the availability of court diversion services; and (8) An assessment of the availability of other preventive measures.
15-11-405. Any proceeding or other processes or actions alleging for the first time that a child is a runaway shall be terminated or dismissed upon the request of such child's parent, guardian, or legal custodian.
Part 4
15-11-410. (a) A child may be taken into temporary custody under this article:
(1) Pursuant to a court order; or (2) By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances are such as to endanger a child's health or welfare unless immediate action is taken. (b) Before entering an order authorizing temporary custody, the court shall consider the results of a detention assessment and determine whether continuation in the home is contrary to a child's welfare and whether there are available services that would prevent the need for custody. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (c) A person taking a child into temporary custody shall deliver such child, with all reasonable speed and without first taking such child elsewhere, to a medical facility if he or she is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court

MONDAY, MARCH 25, 2013

3745

intake officer. Immediately upon being notified by the person taking such child into custody, the juvenile court intake officer shall administer a detention assessment and determine if such child should be released, remain in temporary custody, or be brought before the court.
15-11-411. (a) A person taking a child into temporary custody pursuant to Code Section 15-11-410 shall not exercise custody over such child except for a period of 12 hours. (b) Immediately after a child taken into custody, every effort shall be made to contact such child's parents, guardian, or legal custodian. (c) If a parent, guardian, or legal custodian has not assumed custody of his or her child at the end of the 12 hour period described in subsection (a) of this Code section, the court shall be notified and shall place such child in the least restrictive placement consistent with such child's needs for protection or control in the custody of such child's parents, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court; provided, however, that if such placement is not available, such child shall be placed in the custody of DFCS which shall promptly arrange for foster care of such child.
15-11-412. (a) A child alleged to be a child in need of services may be held in a secure residential facility or nonsecure residential facility until a continued custody hearing is held, provided that a detention assessment has been administered and such child is not held in a secure residential facility or nonsecure residential facility for more than 24 hours and any of the following apply:
(1) It is alleged that such child is a runaway; (2) It is alleged that such child is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable; or (3) Such child has previously failed to appear at a scheduled hearing. (b) A child alleged to be a child in need of services placed in a secure residential facility or nonsecure residential facility pursuant to subsection (a) of this Code section may be appointed an attorney prior to the continued custody hearing. (c) In no case shall a child alleged to be or adjudicated as a child in need of services in custody be detained in a jail, adult lock-up, or other adult detention facility.
15-11-413. (a) If a child alleged to be a child in need of services is being held in a secure residential facility or nonsecure residential facility, a continued custody hearing shall be held within 72 hours. If such hearing is not held within the time specified, such child shall be released from temporary detention in accordance with subsection (c) of Code Section 15-11-411 and with authorization of the detaining authority. (b) If a child alleged to be a child in need of services is not being held in a secure residential facility or nonsecure residential facility and has not been released to the

3746

JOURNAL OF THE HOUSE

custody of such child's parent, guardian, or legal custodian, a hearing shall be held promptly and not later than five days after such child is placed in foster care, provided that, if the five-day time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (c) At the commencement of a continued custody hearing, the court shall inform the parties of:
(1) The nature of the allegations; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) Their due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose.
15-11-414. (a) At a continued custody hearing, the court shall determine whether there is probable cause to believe that a child has committed a status offense or is otherwise a child in need of services and that continued custody is necessary. (b) If the court determines there is probable cause to believe that a child has committed a status offense or is otherwise in need of services, the court may order that such child:
(1) Be released to the custody of his or her parent, guardian, or legal custodian; or (2) Be placed in the least restrictive placement consistent with such child's need for protection and control as authorized by Code Section 15-11-411 and in accordance with Code Section 15-11-415. (c) If the court determines there is probable cause to believe that such child has committed a status offense or is otherwise in need of services, the court shall: (1) Refer such child and his or her family for a community based risk reduction program; or (2) Order that a petition for a child in need of services be filed and set a date for an adjudication hearing. (d) Following a continued custody hearing, the court may detain a child alleged to be a child in need of services in a secure residential facility or nonsecure residential facility for up to 72 hours, excluding weekends and legal holidays, only for the purpose of providing adequate time to arrange for an appropriate alternative placement pending the adjudication hearing. (e) All orders shall contain written findings as to the form or conditions of a child's release. If a child alleged to be a child in need of services cannot be returned to the custody of his or her parent, guardian, or legal custodian at the continued custody hearing, the court shall state the facts upon which the continued custody is based. The

MONDAY, MARCH 25, 2013

3747

court shall make the following findings of fact referencing any and all evidence relied upon to make its determinations:
(1) Whether continuation in the home of such child's parent, guardian, or legal custodian is contrary to such child's welfare; and (2) Whether reasonable efforts have been made to safely maintain such child in the home of his or her parent, guardian, or legal custodian and to prevent or eliminate the need for removal from such home. Such finding shall be made at the continued custody hearing if possible but in no case later than 60 days following such child's removal from his or her home.
15-11-415. (a) Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that a child committed the act of which he or she is accused, there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and:
(1) Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period; (2) Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court; or (3) An order for such child's detention has been made by the court. (b) A child alleged to be a child in need of services shall not be detained: (1) To punish, treat, or rehabilitate such child; (2) To allow his or her parent, guardian, or legal custodian to avoid his or her legal responsibilities; (3) To satisfy demands by a victim, law enforcement, or the community; (4) To permit more convenient administrative access to him or her; (5) To facilitate further interrogation or investigation; or (6) Due to a lack of a more appropriate facility. (c) Whenever a child alleged to be a child in need of services cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of such child shall be favored over more intrusive alternatives. (d) Whenever the curtailment of the freedom of a child alleged to be a child in need of services is permitted, the exercise of authority shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of such child and his or her family; (2) Protection of the psychological and physical health of such child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of such child; (6) Avoidance of stigmatization of such child; and

3748

JOURNAL OF THE HOUSE

(7) Assurance that such child has been informed of his or her right to consult with an attorney and that, if the child is an indigent person, an attorney will be provided. (e) Before entering an order authorizing detention, the court shall determine whether a child's continuation in his or her home is contrary to his or her welfare and whether there are available services that would prevent or eliminate the need for detention. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (f) If a child alleged to be a child in need of services can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided.
Part 5
15-11-420. A petition alleging that a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that such facts are true. Such petition shall not be filed unless the court or a person authorized by the court has determined and endorsed on the petition that the filing of the petition is in the best interests of the public and such child.
15-11-421. (a) If a child alleged to be a child in need of services is not released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child is in need of services shall be filed within five days of such continued custody hearing. (b) If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child in need of services shall be filed:
(1) Within 30 days of the filing of the complaint with the juvenile court intake officer; or (2) Within 30 days of such child's release from temporary custody. (c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition seeking an adjudication that a child is a child in need of services in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension. (d) If no petition seeking an adjudication that a child is a child in need of services is filed within the required time frame, the complaint may be dismissed without prejudice.
15-11-422. (a) A petition seeking an adjudication that a child is a child in need of services shall be verified and may be on information and belief. It shall set forth plainly and with particularity:

MONDAY, MARCH 25, 2013

3749

(1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought; (2) The name, date of birth, and residence address of the child alleged to be a child in need of services; (3) The name and residence address of the parent, guardian, or legal custodian of the child named in the petition; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (4) The name and age of any other family member of such child living within such child's home; (5) Whether all available and appropriate attempts to encourage voluntary use of community services by such child's family have been exhausted; and (6) Whether any of the information required by this subsection is unknown. (b) If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official, such petition shall be dismissed unless it includes information which shows that: (1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and (2) The school district has sought to engage such child's parent, guardian, or legal custodian in solving the problem but any such individual has been unwilling or unable to do so; that the problem remains; and that court intervention is needed. (c) If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, such petition shall be dismissed unless it includes information which demonstrates that the legally liable school district: (1) Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and (2) Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate.
15-11-423. (a) The court shall direct the issuance of a summons to the child alleged to be a child in need of services, his or her parent, guardian, or legal custodian, DFCS and any other public agencies or institutions providing services, and any other persons who appear to the court to be proper or necessary parties to such child in need of services proceeding requiring them to appear before the court at the time fixed to answer the allegations of

3750

JOURNAL OF THE HOUSE

the petition seeking an adjudication that a child is in need of services. A copy of such petition shall accompany the summons. (b) The summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (c) A party other than a child may waive service of summons by written stipulation or by voluntary appearance at the hearing.
15-11-424. (a) If a party to be served with a summons pursuant to Code Section 15-11-423 is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before an adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least five days before an adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) Service of the summons may be made by any suitable person under the direction of the court. (e) The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing on the petition seeking an adjudication that a child is in need of services.
15-11-425. (a) In the event a parent, guardian, or legal custodian of a child alleged to be a child in need of services willfully fails to appear personally at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear or such parent, guardian, or legal custodian willfully fails to bring such child to such hearing after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of the child alleged to be a child in need of services fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. (c) In the event an agency representative willfully fails to appear at a hearing on the petition seeking an adjudication that a child is a child in need of services after being

MONDAY, MARCH 25, 2013

3751

ordered to so appear, the court may direct the appropriate agency representative to appear before the court to show cause why a contempt order should not be issued. (d) If a child 16 years of age or older fails to appear at a hearing on a petition seeking an adjudication that such child is a child in need of services after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section 15-11-31. (e) If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing on a petition seeking an adjudication that such child is a child in need of services after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section 15-11-31.
Part 6
15-11-440. The petitioner has the burden of proving the allegations of a child in need of services petition by clear and convincing evidence.
15-11-441. (a) If a child alleged to be a child in need of services is in continued custody but not in a secure residential facility or nonsecure residential facility, the adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition seeking an adjudication that such child is a child in need of services. If such child is not in continued custody, the adjudication hearing shall be scheduled to be held no later than 60 days after the filing of such petition. (b) At the conclusion of the adjudication hearing, the court shall determine whether such child is a child in need of services.
15-11-442. (a) If the court finds that a child is a child in need of services, a final disposition hearing shall be held and completed within 60 days of the conclusion of the adjudication hearing. (b) The court shall order the least restrictive and most appropriate disposition. Such disposition may include:
(1) Permitting such child to remain with his or her caregiver without limitations or conditions; (2) Permitting such child to remain with his or her caregiver subject to such limitations and conditions as the court may prescribe; (3) Placing such child on probation or unsupervised probation on such terms and conditions as deemed in the best interests of such child and the public. An order granting probation to a child in need of services may be revoked on the ground that the terms and conditions of the probation have not been observed;

3752

JOURNAL OF THE HOUSE

(4) Requiring that such child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; (5) Requiring that such child make restitution. A restitution order may remain in force and effect simultaneously with another order of the court. Payment of funds shall be made by such child or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and such court shall disburse such funds in the manner authorized in the order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to:
(A) The juvenile court of the county of such child's residence and its probation staff, if he or she changes his or her place of residence; or (B) A superior court once such child reaches 18 years of age if he or she thereafter comes under the jurisdiction of the superior court; (6) Imposing a fine on such child who has committed an offense which, if committed by an adult, would be a violation under the criminal laws of this state or has violated an ordinance or bylaw of a county, city, town, or consolidated government. Such fine shall not exceed the fine which may be imposed against an adult for the same offense; (7) Requiring such child to attend structured after-school or evening programs or other court approved programs as well as requiring supervision of such child during the time of the day in which he or she most often used to perform the acts complained of in the petition alleging that such child is a child in need of services; (8) Any order authorized for the disposition of a dependent child; (9) Any order authorized for the disposition of a delinquent child except that a child in need of services shall not be placed in a secure residential facility or nonsecure residential facility nor shall such facility accept such child; or (10) Any combination of the dispositions set forth in paragraphs (1) through (9) of this subsection as the court deems to be in the best interests of a child and the public. (c) All disposition orders shall include written findings of the basis for the disposition and such conditions as the court imposes and a specific plan of the services to be provided.
15-11-443. (a) An order of disposition shall be in effect for the shortest time necessary to accomplish the purposes of the order and for not more than two years. A written disposition order shall state the length of time the order is to be in effect. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of DFCS, DJJ, the prosecuting attorney, or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order.

MONDAY, MARCH 25, 2013

3753

(b) The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished. (c) When a child adjudicated as a child in need of services reaches 18 years of age, all orders affecting him or her then in force shall terminate and he or she shall be discharged from further obligation or control.
15-11-444. (a) An order granting probation to a child adjudicated to be a child in need of services may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to any person authorized to make a petition alleging that a child is in need of services as set forth in Code Section 15-11-420. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) A motion for revocation of probation shall be served upon the child, his or her attorney, and parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-424. (d) If a child in need of services is taken into custody because of the alleged violation of probation, the provisions governing the detention of a child under this article shall apply. (e) A revocation hearing shall be scheduled to be held no later than 30 days after the filing of a motion to revoke probation. (f) If the court finds, beyond a reasonable doubt, that a child in need of services violated the terms and conditions of probation, the court may:
(1) Extend his or her probation; (2) Impose additional conditions of probation; or (3) Make any disposition that could have been made at the time probation was imposed.
15-11-445. The court shall review the disposition of a child in need of services at least once within three months after such disposition and at least every six months thereafter so long as the order of disposition is in effect.
Part 7
15-11-450. (a) After determining, in accordance with the provisions of Article 7 of this chapter, that a child alleged to be a child in need of services in a petition under this article or who has been alleged to have committed a delinquent act is unrestorably incompetent to proceed and the court orders that procedures for a comprehensive services plan be initiated, the court shall appoint a plan manager, if one has not already been appointed, to direct the development of a comprehensive services plan for such child.

3754

JOURNAL OF THE HOUSE

(b) The plan manager shall convene all relevant parties to develop a comprehensive services plan. A plan manager shall request that the following persons attend such meeting:
(1) The parent, guardian, or legal custodian of such child; (2) Such child's attorney; (3) The person who filed the petition alleging that a child is in need of services or committed a delinquent act; (4) Such child's guardian ad litem, if any; (5) Mental health or developmental disabilities representatives; (6) Such child's caseworker; (7) A representative from such child's school; and (8) Any family member of such child who has shown an interest and involvement in such child's well-being. (c) A plan manager may request that other relevant persons attend a comprehensive services plan meeting, including but not limited to the following: (1) A representative from the Department of Public Health; (2) A DFCS caseworker; (3) Representatives of the public and private resources to be utilized in the plan; and (4) Other persons who have demonstrated an ongoing commitment to the child. (d) A plan manager shall be responsible for collecting all previous histories of such child, including, but not limited to, previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the comprehensive services plan meeting. (e) Unless a time extension is granted by the court, a plan manager shall submit the comprehensive services plan to the court within 30 days of the entry of the court's disposition order for a child adjudicated to be unrestorably incompetent to proceed under Article 7 of this chapter. The plan shall include the following: (1) An outline of the specific provisions for supervision of such child for protection of the community and such child; (2) An outline of a plan designed to provide treatment, habilitation, support, or supervision services for a child in the least restrictive environment; (3) If such child's evaluation recommends inpatient treatment, certification by such plan manager that all other appropriate community based treatment options have been exhausted; and (4) Identification of all parties responsible for each element of the plan, including such child, agency representatives, and other persons. (f) A plan manager shall also be responsible for: (1) Convening a meeting of all parties and representatives of all agencies prior to the comprehensive services plan hearing and review hearings; (2) Identifying to the court any person who should provide testimony at the comprehensive services plan hearing; and

MONDAY, MARCH 25, 2013

3755

(3) Monitoring the comprehensive services plan, presenting to the court amendments to the plan as needed, and presenting evidence to the court for the reapproval of the plan at subsequent review hearings.
15-11-451. (a) The court shall hold a comprehensive services plan hearing within 30 days after the comprehensive services plan has been submitted to the court for the purpose of approving the plan. Thereafter, the court shall hold a comprehensive services plan hearing every six months for the purpose of reviewing such child's condition and approving the comprehensive services plan. (b) The persons required to be notified of a comprehensive services plan hearing and witnesses identified by a plan manager shall be given at least ten days' prior notice of the hearing and any subsequent hearing to review such child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of a child's alleged delinquent act shall also be provided with the same ten days' prior notice and shall be afforded an opportunity to be heard and to present a victim impact form as provided in Code Section 17-10-1.1 to the court at the comprehensive services plan hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of a child adjudicated to be unrestorably incompetent to proceed under Article 7 of this chapter. (c) At the comprehensive services plan hearing, the court shall enter an order incorporating a comprehensive services plan as part of the disposition of the comprehensive services plan hearing. At the time of the disposition, a child shall be placed in an appropriate treatment setting, as recommended by the examiner, unless such child has already been placed in an appropriate treatment setting pursuant to subsection (d) of Code Section 15-11-656. (d) If, during the comprehensive services plan hearing or any subsequent review hearing, the court determines that a child meets criteria for civil commitment, such child may be committed to an appropriate treatment setting. (e) At any time, in the event of a change in circumstances regarding such child, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, the person who filed the petition alleging that a child is in need of services or committed a delinquent act, or the plan manager may set a hearing for review of the comprehensive services plan and any proposed amendments to such plan. The court may issue an appropriate order incorporating an amended plan. (f) If a child is under a comprehensive services plan when he or she reaches the age of 18, the plan manager shall make a referral for appropriate adult services.
ARTICLE 6 Part 1
15-11-470. The purpose of this article is:

3756

JOURNAL OF THE HOUSE

(1) Consistent with the protection of the public interest, to hold a child committing delinquent acts accountable for his or her actions, taking into account such child's age, education, mental and physical condition, background, and all other relevant factors, but to mitigate the adult consequences of criminal behavior; (2) To accord due process of law to each child who is accused of having committed a delinquent act; (3) To provide for a child committing delinquent acts with supervision, care, and rehabilitation which ensure balanced attention to the protection of the community, the imposition of accountability, and the development of competencies to enable such child to become a responsible and productive member of the community; (4) To promote a continuum of services for a child and his or her family from prevention of delinquent acts to aftercare, considering, whenever possible, prevention, diversion, and early intervention, including an emphasis on community based alternatives; (5) To provide effective sanctions to acts of juvenile delinquency; and (6) To strengthen families and to successfully reintegrate delinquent children into homes and communities.
15-11-471. As used in this article, the term:
(1) 'AIDS transmitting crime' shall have the same meaning as set forth in Code Section 31-22-9.1. (2) 'Behavioral health evaluation' means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to have committed or adjudicated of a delinquent act so as to provide the juvenile court with information and recommendations relevant to the behavioral health status and mental health treatment needs of such child. (3) 'Community rehabilitation center' means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of delinquent children and children in need of services in a neighborhood and family environment in cooperation with community educational, medical, and social agencies. Such center shall:
(A) Be located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and (B) Be operated by a nonprofit corporation organized under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and have a full-time chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chief judge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of juvenile justice; such approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit

MONDAY, MARCH 25, 2013

3757

organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws. (4) 'Determined to be infected with HIV' means having a confirmed positive human immunodeficiency virus (HIV) test or having been clinically diagnosed as having AIDS. (5) 'Graduated sanctions' means: (A) Verbal and written warnings; (B) Increased restrictions and reporting requirements; (C) Community service; (D) Referral to treatment and counseling programs in the community; (E) Weekend programming; (F) Electronic monitoring, as such term is defined in Code Section 42-8-151; (G) Curfew; (H) An intensive supervision program; or (I) A home confinement program. (6) 'Hearing officer' means a DJJ employee or county juvenile probation office employee, as applicable, who has been selected and appointed by DJJ or the county juvenile probation office, as applicable, to hear cases alleging violations of probation for administrative sanctioning. A hearing officer shall not be a probation officer who has direct supervision over the child who is the subject of the hearing. (7) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, and such test has been approved for such purposes by the regulations of the Department of Community Health. (8) 'Intensive supervision' means the monitoring of a child's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the commissioner of juvenile justice. (9) 'Low risk' means the lowest risk to recidivate as calculated by a risk assessment. (10) 'Moderate risk or high risk' means a calculation by a risk assessment that is not low risk. (11) 'Probation management program' means a special condition of probation that includes graduated sanctions. (12) 'Secure probation sanctions program' means confinement in a secure residential facility or nonsecure residential facility for seven, 14, or 30 days.
15-11-472. (a) A detention hearing shall be held promptly and no later than:
(1) Two business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody without an arrest warrant; or (2) Five business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody pursuant to an arrest warrant. (b) If an alleged delinquent child is placed in preadjudication custody without an arrest warrant and the detention hearing cannot be held within 48 hours because the expiration of the 48 hours falls on a weekend or legal holiday, the court shall review the detention

3758

JOURNAL OF THE HOUSE

assessment and the decision to detain such child and make a finding based on probable cause within 48 hours of such child being placed in preadjudication custody. (c) If an alleged delinquent child is released from preadjudication custody at the detention hearing or was never taken into custody, the following time frames shall apply:
(1) Any petition alleging delinquency shall be filed within 30 days of the filing of the complaint or within 30 days after such child is released from preadjudication custody. If a complaint was not filed, the complaint shall be filed within the statute of limitations as provided by Chapter 3 of Title 17; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The arraignment hearing shall be scheduled no later than 30 days after the filing of the petition alleging delinquency; (4) The adjudication hearing shall be held no later than 60 days from the filing of the petition alleging delinquency unless a continuance is granted as provided in Code Section 15-11-478; and (5) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (d) If an alleged delinquent child is not released from preadjudication custody at the detention hearing, the following time frames shall apply: (1) The petition alleging delinquency shall be filed within 72 hours of the detention hearing; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The adjudication hearing shall be held no later than ten days after the filing of the petition alleging delinquency unless a continuance is granted as provided in Code Section 15-11-478; and (4) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (e) For purposes of this Code section, preadjudication custody begins when a juvenile court intake officer authorizes the placement of a child in a secure residential facility. (f) A child who is released from detention but subject to conditions of release shall not be considered to be in detention for purposes of calculating time frames set forth in this article or for purposes of calculating time served.
15-11-473. (a) A prosecuting attorney shall conduct delinquency proceedings on behalf of the state. (b) Except as provided in Article 9 of this chapter, in any delinquency proceeding, the prosecuting attorney shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records. It shall be the duty of the clerk, probation and intake officer, probation officers of the juvenile court, and DJJ to assist a prosecuting attorney in obtaining any requested items.

MONDAY, MARCH 25, 2013

3759

15-11-474. (a) An alleged delinquent child and the state shall be parties at all stages of delinquency proceedings. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall have the right to notice, the right to be present in the courtroom, and the opportunity to be heard at all stages of delinquency proceedings. (c) DJJ shall receive notice of the disposition hearing.
15-11-475. (a) An alleged delinquent child shall have the right to be represented by an attorney at all proceedings under this article. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall not waive his or her child's right to be represented by an attorney. (c) An alleged delinquent child may waive the right to an attorney under limited circumstances as set forth in subsection (b) of Code Section 15-11-511, but if a child's liberty is in jeopardy, he or she shall be represented by an attorney. (d) Upon a motion by an attorney for an alleged delinquent child, together with written permission of such child, a judge shall issue an order providing that such child's attorney shall have access to all dependency, school, hospital, physician, or other health or mental health care records relating for such child.
15-11-476. (a) The court shall appoint a CASA to act as a guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem. (b) The court shall appoint a separate guardian ad litem whenever:
(1) An alleged delinquent child appears before the court without his or her parent, guardian, or legal custodian; (2) It appears to the court that a parent, guardian, or legal custodian of an alleged delinquent child is incapable or unwilling to make decisions in the best interests of such child with respect to proceedings under this article such that there may be a conflict of interest between such child and his or her parent, guardian, or legal custodian; or (3) The court finds that it is otherwise in a child's best interests to do so. (c) The role of a guardian ad litem in a delinquency proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (d) Neither a child's attorney in a delinquency proceeding nor his or her parent, guardian, or legal custodian shall prohibit or impede access to such child by the guardian ad litem.

3760

JOURNAL OF THE HOUSE

15-11-477. (a) At any time prior to the issuance of a final dispositional order, the court may order a behavioral health evaluation of a child alleged to be or adjudicated as a delinquent child which may be conducted by DBHDD or a private psychologist or psychiatrist. (b) The court shall order and give consideration to the results of a child's behavioral health evaluation before ordering a child adjudicated for a class A designated felony act or class B designated felony act placed in restrictive custody; provided, however, that such order shall not be required if the court has considered the results of a prior behavioral health evaluation of such child that had been completed in the preceding six months. (c) Statements made by a child during a behavioral health evaluation shall only be admissible into evidence as provided in Code Section 15-11-479.
15-11-478. A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on the motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record.
15-11-479. Voluntary statements made in the course of intake screening of a child alleged to be or adjudicated as a delinquent child or in the course of his or her treatment, any evaluation, or any other related services shall be inadmissible in any adjudication hearing in which such child is the accused and shall not be considered by the court except such statement shall be admissible as rebuttal or impeachment evidence.
15-11-480. (a) When a child enters a denial to a petition alleging his or her delinquency, jeopardy attaches when the first witness is sworn at the adjudication hearing. (b) When a child enters an admission to a petition alleging his or her delinquency, jeopardy attaches when the court accepts the admission.
15-11-481. (a) The victim of a child's alleged delinquent act shall be entitled to the same rights, notices, and benefits as the victim of a crime committed by an adult as set forth in Chapters 14, 15, 15A, and 17 of Title 17. The rights, notices, and benefits to a victim set forth in this article shall not be construed to deny or diminish the rights, notices, and benefits set forth in Chapters 14, 15, 15A, and 17 of Title 17. (b) In any delinquency proceeding in which a petition has been filed, the prosecuting attorney shall notify any victim of a child's alleged delinquent act that the victim may submit a victim impact form as provided in Code Section 17-10-1.1. (c) The provisions of subsection (e) of Code Section 17-10-1.1 shall apply to the use and disclosure of the victim impact form.

MONDAY, MARCH 25, 2013

3761

(d) Prior to the imposition of a dispositional order for a child adjudicated for a delinquent act, the juvenile court shall permit the victim, the family of the victim, or other witness with personal knowledge of the delinquent act to testify about the impact of the delinquent act on the victim, the victim's family, or the community. Except as provided in subsection (f) of this Code section, such evidence shall be given in the presence of the child adjudicated for a delinquent act and shall be subject to crossexamination. (e) The admissibility of the evidence described in subsection (d) of this Code section shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to unduly prejudice the child adjudicated for a delinquent act. If the judge excludes evidence, the state shall be allowed to make an offer of proof. (f) Upon a finding by the court specific to the case and the witness that the witness would not be able to testify in person without showing undue emotion or that testifying in person will cause the witness severe physical or emotional distress or trauma, evidence presented pursuant to subsection (b) of this Code section may be in the form of, but not limited to, a written statement or a prerecorded audio or video statement, provided that such witness is subject to cross-examination. Photographs of the victim may be included with any evidence presented pursuant to subsection (b) of this Code section. (g) In presenting such evidence, the victim, the family of the victim, or other witness having personal knowledge of the impact of the delinquent act on the victim, the victim's family, or the community shall, if applicable:
(1) Describe the nature of the delinquent act; (2) Itemize any economic loss suffered by the victim or the family of the victim, if restitution is sought; (3) Identify any physical injury suffered by the victim as a result of the delinquent act along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the delinquent act; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the delinquent act; and (6) Include any other information related to the impact of the delinquent act upon the victim, the victim's family, or the community that the court inquires of. (h) The court shall allow the child adjudicated for a delinquent act the opportunity to cross-examine and rebut the evidence presented of the victim's personal characteristics and the emotional impact of the delinquent act on the victim, the victim's family, or the community, and such cross-examination and rebuttal evidence shall be subject to the same discretion set forth in subsection (d) of this Code section. (i) No disposition of a child adjudicated as delinquent shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of the victim, the state, or such child; provided, however, that if the court intentionally fails to comply

3762

JOURNAL OF THE HOUSE

with this Code section, the victim may file a complaint with the Judicial Qualifications Commission.
Part 2 15-11-490. (a) A proceeding under this article may be commenced:
(1) In the county in which an allegedly delinquent child legally resides; or (2) In any county in which the alleged delinquent acts occurred. (b) If the adjudicating court finds that a nonresident child has committed a delinquent act, the adjudicating court may retain jurisdiction over the disposition of a nonresident child or may transfer the proceeding to the county of such child's residence for disposition. Like transfer may be made if the residence of such child changes pending the proceeding. (c) If the adjudicating court retains jurisdiction, prior to making any order for disposition of a nonresident child, the adjudicating court shall communicate to the court of the county of such child's residence the fact that such child has been adjudicated to have committed a delinquent act. Such communication shall state the date upon which the adjudicating court plans to enter an order for disposition of such nonresident child and shall request any information or recommendations relevant to the disposition of such nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition. (d) When any case is transferred, certified copies of all documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer order. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.
Part 3
15-11-500. If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of an alleged delinquent child are endangering such child's health or welfare or those of others or that such child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take such child into immediate custody and bring him or her forthwith before the court.
15-11-501. (a) An alleged delinquent child may be taken into custody:
(1) Pursuant to an order of the court under this article, including an order to a DJJ employee to apprehend:
(A) When he or she has escaped from an institution or facility operated by DJJ; or

MONDAY, MARCH 25, 2013

3763

(B) When he or she has been placed under supervision and has violated its conditions; (2) Pursuant to the laws of arrest; or (3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that a child has committed a delinquent act. (b) A law enforcement officer taking a child into custody shall promptly give notice together with a statement of the reasons for taking such child into custody to his or her parent, guardian, or legal custodian and to the court. (c) When a child who is taken into custody has committed an act which would constitute a felony if committed by an adult, the juvenile court, within 48 hours after it learns of such child having been taken into custody, shall notify the prosecuting attorney of the judicial circuit in which the juvenile proceedings are to be instituted.
15-11-502. (a) A person taking an alleged delinquent child into custody, with all reasonable speed and without first taking such child elsewhere, shall:
(1) Immediately release such child, without bond, to his or her parent, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court; (2) Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking such child into custody, the juvenile court intake officer shall determine if such child can be administered a detention assessment and if so, shall conduct such assessment and determine if such child should be released, remain in protective custody, or be brought before the court; or (3) Bring such child immediately before the juvenile court or promptly contact a juvenile court intake officer. The court or juvenile court intake officer shall determine if such child should be released or detained. All determinations and court orders regarding detention shall comply with the requirements of this article and shall be based on an individual detention assessment of such child and his or her circumstances. (b) Notwithstanding subsection (a) of this Code section, a law enforcement officer may detain an alleged delinquent child for a reasonable period of time sufficient to conduct interrogations and perform routine law enforcement procedures including but not limited to fingerprinting, photographing, and the preparation of any necessary records. (c) Prior to a detention hearing, an alleged delinquent child shall be placed in detention, if necessary, only in such places as are authorized by Code Section 15-11504.

3764

JOURNAL OF THE HOUSE

15-11-503. (a) Restraints on the freedom of an alleged delinquent child prior to adjudication shall be imposed only when there is probable cause to believe that such child committed the act of which he or she is accused, that there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and that:
(1) Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period; (2) Such child has a demonstrated pattern of theft or destruction of property such that detention is required to protect the property of others; (3) Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court; or (4) An order for such child's detention has been made by the court. (b) All children who are detained shall be informed of their right to bail as provided by Code Section 15-11-507. (c) An alleged delinquent child shall not be detained: (1) To punish, treat, or rehabilitate him or her; (2) To allow his or her parent, guardian, or legal custodian to avoid his or her legal responsibilities; (3) To satisfy demands by a victim, law enforcement, or the community; (4) To permit more convenient administrative access to him or her; (5) To facilitate further interrogation or investigation; or (6) Due to a lack of a more appropriate facility. (d) Whenever an alleged delinquent child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of such child shall be favored over more intrusive alternatives. (e) Whenever the curtailment of the freedom of an alleged delinquent child is permitted, the exercise of authority shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of such child and his or her family; (2) Protection of the psychological and physical health of such child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of such child; (6) Avoidance of stigmatization of such child; and (7) Assurance that such child has been informed of his or her right to consult with an attorney and that, if such child is an indigent person, an attorney will be provided. (f) Before entering an order authorizing detention, the court shall determine whether a child's continuation in his or her home is contrary to his or her welfare and whether there are available services that would prevent or eliminate the need for detention. The court shall make that determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision.

MONDAY, MARCH 25, 2013

3765

(g) If an alleged delinquent child can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided.
15-11-504. (a) An alleged delinquent child may be detained only in:
(1) A licensed foster home; (2) A home approved by the court which may be a public or private home; (3) The home of such child's noncustodial parent or of a relative; (4) A facility operated by a licensed child welfare agency; or (5) A secure residential facility or nonsecure residential facility. (b) Placement shall be made in the least restrictive facility available consistent with the best interests of the child. (c) A child 15 years of age or older and alleged to be a delinquent child may be held in a jail or other facility for the detention of adults for identification or processing procedures or while awaiting transportation only so long as necessary to complete such activities for up to six hours, or for up to 24 hours if the closest secure residential facility is more than 70 miles from such facility, if all of the following apply: (1) Such child is detained for the commission of a crime that would constitute a class A designated felony act, class B designated felony act, or a serious violent felony as defined in Code Section 17-10-6.1; (2) Such child is awaiting a detention hearing; (3) Such child's detention hearing is scheduled within 24 hours after being taken into custody, excluding weekends and legal holidays; (4) There is no existing acceptable alternative placement for such child; and (5) The jail or other facility for the detention of adults provides sight and sound separation for children, including:
(A) Total separation between children and adult facility spatial areas such that there is no verbal, visual, or physical contact and there could be no haphazard or accidental contact between child and adult residents in the respective facilities; (B) Total separation in all program activities for children and adults within the facilities, including recreation, education, counseling, health care, dining, sleeping, and general living activities; (C) Continuous visual supervision of a child; and (D) Separate staff for children and adults, specifically direct care staff such as recreation, education, and counseling, although specialized services staff, such as cooks, bookkeepers, and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of children and adults, can serve both. (d) A child shall not be transported with adults who have been charged with or convicted of a crime. DJJ may transport a child with children who have been charged with or convicted of a crime in superior court.

3766

JOURNAL OF THE HOUSE

(e) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall inform the court or the juvenile court intake officer immediately when a child who appears to be under the age of 17 years is received at such facility and shall deliver such child to the court upon request or transfer such child to the facility designated by the juvenile court intake officer or the court. (f) All facilities shall maintain data on each child detained and such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by DJJ, by the Governor's Office for Children and Families, and by the Council of Juvenile Court Judges. The required data are each detained child's:
(1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense or offenses for which such child is being detained; (6) Date of and authority for confinement; (7) Location of the offense and the name of the school if the offense occurred in a school safety zone, as defined in Code Section 16-11-127.1; (8) The name of the referral source, including the name of the school if the referring source was a school; (9) The score on the detention assessment; (10) The basis for detention if such child's detention assessment score does not in and of itself mandate detention; (11) The reason for detention, which may include, but shall not be limited to, preadjudication detention, detention while awaiting a postdisposition placement, or serving a short-term program disposition; (12) Date of and authority for release or transfer; and (13) Transfer or to whom released.
15-11-505. If an alleged delinquent child is brought before the court or delivered to a secure residential facility or nonsecure residential facility or foster care facility designated by the court, the juvenile court intake officer shall immediately administer a detention assessment and determine if such child should be detained and release such child unless it appears that his or her detention is warranted.
15-11-506. (a) A detention hearing shall be held to determine whether preadjudication custody of an alleged delinquent child is required. If such hearing is not held within the time specified, such child shall be released from detention or foster care. (b) If an alleged delinquent child is detained and is not released from preadjudication custody, a detention hearing shall be held promptly and not later than:

MONDAY, MARCH 25, 2013

3767

(1) Two business days after such child is placed in preadjudication custody if such child is taken into custody without an arrest warrant; or (2) Five business days after such child is placed in preadjudication custody if such child is taken into custody pursuant to an arrest warrant. (c) If the detention hearing cannot be held within two business days in accordance with paragraph (1) of subsection (b) of this Code section because the date for the hearing falls on a weekend or legal holiday, the court shall review the decision to detain such child and make a finding based on probable cause within 48 hours of such child being placed in preadjudication custody. (d) Reasonable oral or written notice of the detention hearing, stating the time, place, and purpose of the hearing, shall be given to an alleged delinquent child and to his or her parent, guardian, or legal custodian, if he or she can be found. In the event such child's parent, guardian, or legal custodian cannot be found, the court shall forthwith appoint a guardian ad litem for such child. (e) If an alleged delinquent child is not released from preadjudication custody and his or her parent, guardian, or legal custodian or guardian ad litem, if any, has not been notified of the hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order such child's release unless it appears from such hearing that such child's detention or foster care is warranted or required. (f) At the commencement of the detention hearing, the court shall inform an alleged delinquent child of: (1) The contents of the complaint or petition; (2) The nature of the proceedings; (3) The right to make an application for bail, as provided by Code Section 15-11-507 and Title 17; (4) The possible consequences or dispositions that may apply to such child's case following adjudication; and (5) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (g) If an alleged delinquent child can be returned to the custody of his or her parent, guardian, or legal custodian through the provision of services to eliminate the need for removal, the court shall release such child to the physical custody of his or her parent, guardian, or legal custodian and order that those services shall be provided. (h) If an alleged delinquent child cannot be returned to the custody of his or her parent, guardian, or legal custodian, a probation officer shall provide referrals for services as soon as possible to enable such child's parent, guardian, or legal custodian to obtain any

3768

JOURNAL OF THE HOUSE

assistance that may be needed to effectively provide the care and control necessary for such child to return home. (i) For purposes of this Code section, preadjudication custody begins when a juvenile court intake officer authorizes the placement of a child in a secure residential facility.
15-11-507. (a) All children alleged to have committed a delinquent act shall have the same right to bail as adults. (b) The judge shall admit to bail all children in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes, with the exception that applying for bail, holding a hearing on the application, and granting bail for children alleged to have committed a delinquent act may only occur:
(1) At intake in accordance with Code Section 15-11-503; or (2) At the detention hearing in accordance with Code Section 15-11-506. (c) A court shall be authorized to release an alleged delinquent child on bail if the court finds that such child: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (d) If a child is accused of committing an act that would be a serious violent felony, as defined in Code Section 17-10-6.1, if committed by an adult and such child has previously been adjudicated for a delinquent act for committing an act that would be a serious violent felony if committed by an adult, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of such child as required or assure the safety of any other person or the community. (e) Any person having legal custody or an adult blood relative or stepparent of an alleged delinquent child shall be entitled to post bail but shall be required immediately to return such child to the individual or entity having legal custody of such child. (f) For the purposes of this Code section, the term 'bail' shall include the releasing of a child on his or her own recognizance.
15-11-508. (a) As used in this Code section, the term:
(1) 'Notice' shall have the same meaning as set forth in Code Section 17-17-3. (2) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3. (3) 'Violent delinquent act' means to commit, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:

MONDAY, MARCH 25, 2013

3769

(A) A serious violent felony as defined by Code Section 17-10-6.1; (B) A class A designated felony act or class B designated felony act; (C) Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title 16; or (D) Any attempt to commit, conspiracy to commit, or solicitation of another to commit an offense enumerated in subparagraphs (A) through (C) of this paragraph. (b) If a child accused of a violent delinquent act is detained pending adjudication, a juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention. (c) Not less than 48 hours prior to a child who has been adjudicated to have committed a violent delinquent act being released from detention or transferred to a nonsecure residential facility, a juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release or transfer. (d) Victim notification need not be given unless a victim has expressed a desire for such notification and has provided a juvenile court intake officer with a current address and telephone number. It shall be the duty of a juvenile court intake officer to advise the victim of his or her right to notification and of the requirement of the victim to provide a primary and personal telephone number to which such notification shall be directed.
Part 4
15-11-510. (a) If an alleged delinquent child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment. (b) At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inform a child of:
(1) The contents of the complaint; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (c) A juvenile court intake officer may elect to pursue a case through informal adjustment or other nonadjudicatory procedure in accordance with the provisions of Code Section 15-11-515.

3770

JOURNAL OF THE HOUSE

(d) If a case is to be prosecuted further and handled other than by informal adjustment or other nonadjudicatory procedure, a referral shall be made to the prosecuting attorney and a petition for delinquency shall be filed within 30 days of the filing of a complaint.
15-11-511. (a) At arraignment, the court shall inform a child of:
(1) The contents of the petition alleging delinquency; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (b) The court may accept an admission at arraignment and may proceed immediately to disposition if a child is represented by counsel at arraignment or if a child's liberty is not in jeopardy, he or she may waive the right to counsel at arraignment. A child represented by counsel or whose liberty is not in jeopardy may make a preliminary statement indicating whether he or she plans to admit or deny the allegations of the complaint at the adjudication hearing, but the court shall not accept an admission from a child whose liberty is in jeopardy and who is unrepresented by counsel. (c) The court shall appoint an attorney to represent an alleged delinquent child whose liberty is in jeopardy and who is an indigent person.
Part 5
15-11-515. (a) Before a petition for informal adjustment is filed, a probation officer or other officer designated by the court, subject to the court's direction, may inform the parties of informal adjustment if it appears that:
(1) The admitted facts bring the case within the jurisdiction of the court; (2) Counsel and advice without an adjudication would be in the best interests of the public and a child, taking into account at least the following factors:
(A) The nature of the alleged offense; (B) The age and individual circumstances of such child; (C) Such child's prior record, if any; (D) Recommendations for informal adjustment made by the complainant or the victim; and

MONDAY, MARCH 25, 2013

3771

(E) Services to meet such child's needs and problems may be unavailable within the formal court system or may be provided more effectively by alternative community programs; and (3) A child and his or her parent, guardian, or legal custodian consent with knowledge that consent is not obligatory. (b) The giving of counsel and advice shall not extend beyond three months unless extended by the court for an additional period not to exceed three months and shall not authorize the detention of a child if not otherwise permitted by this article. (c) An incriminating statement made by a participant in an informal adjustment to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding upon conviction for the purpose of a presentence investigation. (d) If a child is alleged to have committed a class A designated felony act or class B designated felony act, the case shall not be subject to informal adjustment, counsel, or advice without the prior consent of the district attorney or his or her authorized representative.
Part 6
15-11-520. A petition alleging delinquency shall be filed by an attorney as set forth in Code Section 15-18-6.1.
15-11-521. (a) If a child is in detention prior to adjudication, a petition alleging delinquency shall be filed not later than 72 hours after the detention hearing. If no petition alleging delinquency is filed within the applicable time, such child shall be released from detention and the complaint shall be dismissed without prejudice. Such petition may be refiled as provided in subsection (b) of this Code section within the statute of limitations. (b) If a child is not in detention prior to adjudication, a petition alleging delinquency shall be filed within 30 days of the filing of the complaint alleging violation of a criminal law or within 30 days of such child's release pursuant to a determination that detention is not warranted. Upon a showing of good cause and notice to all parties, the court may grant an extension of time for filing a petition alleging delinquency. The court shall issue a written order reciting the facts justifying any extension.
15-11-522. A petition alleging delinquency shall be verified and may be on information and belief. It shall set forth plainly and with particularity:
(1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and the public that the proceeding be

3772

JOURNAL OF THE HOUSE

brought and that such child is in need of supervision, treatment, or rehabilitation, as the case may be; (2) The name, age, and residence address of such child on whose behalf such petition is brought; (3) The name and residence address of such child's parent, guardian, or legal custodian; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within this state or if such place of residence address is unknown, the name of any of such child's known adult relative residing within the county or, if there is none, such child's known adult relative residing nearest to the location of the court; (4) If a child is in custody, the place of his or her detention and the time such child was taken into custody; (5) If a child is being charged with a class A designated felony act or class B designated felony act; and (6) Whether any of the information required by this Code section is unknown.
15-11-523. (a) A prosecuting attorney may amend a petition alleging delinquency at any time prior to the commencement of the adjudication hearing. However, if an amendment is made, a child may request a continuance of his or her adjudication hearing. A continuance may be granted by the court for such period as required in the interest of justice. (b) When a petition alleging delinquency is amended to include material changes to the allegations or new charges of delinquency for adjudication, the petition shall be served in accordance with Code Sections 15-11-530 and 15-11-531. (c) After jeopardy attaches, a petition alleging delinquency shall not be amended to include new charges of delinquency.
Part 7
15-11-530. (a) The court shall direct the issuance of a summons to a child and his or her parent, guardian, or legal custodian requiring them to appear before the court at the time fixed to answer the allegations of a petition alleging delinquency. A copy of the petition shall accompany the summons. (b) The summons shall state that a party shall be entitled to have an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person.
15-11-531. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 24 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a

MONDAY, MARCH 25, 2013

3773

copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If an individual to be served is outside this state but his or her address is known or can be ascertained with due diligence, notice of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) Service of the summons may be made by any suitable person under the direction of the court. (e) The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-532. (a) In the event a child's parent, guardian, or legal custodian willfully fails to appear personally at a hearing on a petition alleging delinquency after being ordered to so appear or a child's parent, guardian, or legal custodian willfully fails to bring such child to a hearing after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of the alleged delinquent child fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. (c) If a child 16 years of age or older fails to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section 15-11-31. (d) If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section 15-11-31.
Part 8
15-11-540. A delinquency petition shall be dismissed by the court upon the motion of the prosecuting attorney setting forth that there is not sufficient evidence to warrant further proceedings.

3774

JOURNAL OF THE HOUSE

15-11-541. (a) Except as limited by subsection (d) of Code Section 15-11-542, in all cases in which a child is charged with having committed a delinquent act, such child shall, upon filing a motion for discovery with the court and serving a copy of the motion to the prosecuting attorney, have full access to the following for inspection, copying, or photographing:
(1) A copy of the complaint; (2) A copy of the petition for delinquency; (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge; (4) A copy of any written statement made by such child or any witness that relates to the testimony of a person whom the prosecuting attorney intends to call as a witness; (5) A copy of any written statement made by any alleged coparticipant which the prosecuting attorney intends to use at a hearing; (6) Transcriptions, recordings, and summaries of any oral statement of such child or of any witness, except attorney work product; (7) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (8) Photographs and any physical evidence which are intended to be introduced at the hearing; and (9) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge. (b) The prosecuting attorney shall disclose all evidence, known or that may become known to him or her, favorable to such child and material either to guilt or punishment. (c) If a child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of such child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which he or she intends to introduce at the hearing; and (4) A copy of any written statement made by any witness that relates to the testimony of a person whom the child intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudication hearing, the discovery response shall be produced in a timely manner. (e) Any material or information furnished to a child pursuant to a discovery request shall remain in the exclusive custody of such child and shall only be used during the

MONDAY, MARCH 25, 2013

3775

pendency of the case and shall be subject to such other terms and conditions as the court may provide.
15-11-542. (a) If a request for discovery is refused, application may be made to the court for a written order granting discovery. (b) Motions to compel discovery shall certify that a request for discovery was made and was refused. (c) An order granting discovery shall require reciprocal discovery. (d) The court may deny, in whole or in part, or otherwise limit or set conditions concerning discovery upon sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
(1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a child who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence.
15-11-543. (a) Upon written request by a prosecuting attorney stating the time, date, and place at which the alleged delinquent act was committed, a child shall serve upon the prosecuting attorney a written notice of his or her intention to offer a defense of alibi. (b) A notice to offer an alibi defense shall state the specific place or places at which a child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom such child intends to rely to establish his or her alibi, unless previously supplied. (c) A request for alibi evidence shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudication hearing, the alibi evidence shall be produced in a timely manner. (d) If a child withdraws his or her notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense shall not be admissible; provided, however, that a prosecuting attorney may offer any other evidence regarding alibi. (e) A prosecuting attorney shall serve upon a child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut such child's evidence of alibi, unless previously supplied.

3776

JOURNAL OF THE HOUSE

15-11-544. If, subsequent to providing a discovery response, the existence of additional evidence is found, it shall be promptly provided to the state or child making the discovery request.
15-11-545. Nothing contained in the provisions governing discovery procedure under this part shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication.
15-11-546. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with a discovery request, the court may order the person or entity to permit the discovery or inspection of evidence, grant a continuance, or upon a showing of prejudice and bad faith, prohibit the party from introducing in evidence the information not disclosed or presenting the witness not disclosed, or enter such other order as the court deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just.
Part 9
15-11-560. (a) Except as provided in subsection (b) of this Code section, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which an adult may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. (b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(1) Murder; (2) Voluntary manslaughter; (3) Rape; (4) Aggravated sodomy; (5) Aggravated child molestation; (6) Aggravated sexual battery; or (7) Armed robbery if committed with a firearm. (c) The granting of bail or pretrial release of a child charged with an offense enumerated in subsection (b) of this Code section shall be governed by the provisions of Code Section 17-6-1. (d) At any time before indictment, the district attorney may, after investigation and for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subsection (b) of this Code section. Upon

MONDAY, MARCH 25, 2013

3777

declining such prosecution in the superior court, the district attorney shall cause a petition to be filed in the appropriate juvenile court for adjudication within 72 hours if the child is in detention or 30 days if the child is not in detention. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the district attorney to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 1511-602. (e) After indictment, the superior court may after investigation and for extraordinary cause transfer to the juvenile court any case involving a child 13 to 17 years of age alleged to have committed voluntary manslaughter, aggravated sodomy, aggravated child molestation, or aggravated sexual battery. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the superior court to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 15-11-602. (f) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subsection (b) of this Code section and convicted of a lesser included offense not included in subsection (b) of this Code section to the juvenile court of the county of such child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (g) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has original jurisdiction as provided in subsection (b) of this Code section or adjudicated as a delinquent child on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. The local school system to which such child is assigned may request further information from the court's file.
15-11-561. (a) After a petition alleging delinquency has been filed but before the adjudication hearing, on its own motion or on a motion by a prosecuting attorney, the court may convene a hearing to determine whether to transfer the offense to the appropriate superior court for criminal trial if the court determines that:

3778

JOURNAL OF THE HOUSE

(1) There is probable cause to believe that a child committed the alleged offense; (2) Such child is not committable to an institution for the developmentally disabled or mentally ill; and (3) The petition alleges that such child:
(A) Was at least 15 years of age at the time of the commission of the offense and committed an act which would be a felony if committed by an adult; or (B) Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to a victim. (b) At least three days prior to the scheduled transfer hearing, written notice shall be given to a child and his or her parent, guardian, or legal custodian. The notice shall contain a statement that the purpose of the hearing is to determine whether such child is to be tried in the juvenile court or transferred for trial as an adult in superior court. A child may request and the court shall grant a continuance to prepare for the transfer hearing. (c) After consideration of a probation report, risk assessment, and any other evidence the court deems relevant, including any evidence offered by a child, the court may determine that because of the seriousness of the offense or such child's prior record, the welfare of the community requires that criminal proceedings against such child be instituted. (d) No child, either before or after reaching 17 years of age, shall be prosecuted in superior court for an offense committed before the child turned 17, unless the case has been transferred as provided in this part. In addition, no child shall be subject to criminal prosecution at any time for an offense arising out of a criminal transaction for which the juvenile court retained jurisdiction in its transfer order.
15-11-562. (a) The criteria which the court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (b) of Code Section 15-11-560 to superior court includes, but shall not be limited to:
(1) The age of such child; (2) The seriousness of the alleged offense, especially if personal injury resulted; (3) Whether the protection of the community requires transfer of jurisdiction; (4) Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner; (5) The culpability of such child including such child's level of planning and participation in the alleged offense; (6) Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that such child may be beyond rehabilitation in the juvenile justice system; (7) The record and history of such child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements;

MONDAY, MARCH 25, 2013

3779

(8) The sophistication and maturity of such child as determined by consideration of his or her home and environmental situation, emotional condition, and pattern of living; (9) The program and facilities available to the juvenile court in considering disposition; and (10) Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court. (b) A probation officer shall prepare a written report developing fully all available information relevant to the transfer criteria. A probation officer shall submit such report to the parties and the court as soon as practicable but not later than 24 hours before the scheduled hearing. The child subject to transfer and the prosecuting attorney shall have the right to review such report and cross-examine the individual making such report. (c) The court may order a transfer evaluation of a child's clinical status as it may impact the criteria in subsection (a) of this Code section. Statements made by a child in a transfer evaluation shall only be admissible into evidence in an adjudication hearing or in a criminal proceeding as provided by Code Sections 15-11-479 and 15-11-563.
15-11-563. Statements made by a child at a transfer hearing shall not be admissible against such child over objection in a criminal proceedings if transfer is ordered except as impeachment or rebuttal evidence.
15-11-564. (a) The decision of the court regarding transfer of the case shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals. (b) The pendency of an interlocutory appeal shall stay criminal proceedings in superior court. A child transferred for trial as an adult in superior court shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section 15-11-504.
15-11-565. (a) Prior to the entry of a judgment ordering a child's transfer or during the pendency of an appeal of a judgment ordering a child's transfer, such child shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section 15-11-504. (b) After the entry of a judgment ordering transfer, a child shall be detained only in those places authorized for the detention of a child until such child, as set forth in Code Section 15-11-34, reaches 17 years of age.

3780

JOURNAL OF THE HOUSE

15-11-566. (a) If the court decides to transfer a child for trial in superior court, it shall dismiss the juvenile court petition alleging delinquency, set forth the offense or offenses which are being transferred, and make the following findings of fact in its dismissal order:
(1) That the court had jurisdiction of the cause and the parties; (2) That the child subject to transfer was represented by an attorney; and (3) That the hearing was held in the presence of the child subject to transfer and his or her attorney. (b) The dismissal order shall also recount the reasons underlying the decision to transfer jurisdiction. (c) A dismissal of the petition alleging delinquency terminates the jurisdiction of the juvenile court over such child as to those offenses which are transferred. If the petition alleging delinquency alleges multiple offenses that constitute a single criminal transaction, the court shall either retain or transfer all offenses relating to a single criminal transaction. (d) Once juvenile court jurisdiction is terminated, the superior court shall retain jurisdiction even though, thereafter, a child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over such child. (e) A copy of the petition alleging delinquency and order of dismissal shall be sent to the district attorney of the judicial circuit in which the proceeding is taking place. (f) If the court decides not to transfer a child for trial in superior court, it shall set a date for an adjudication hearing in juvenile court on the petition alleging delinquency.
15-11-567. (a) Except in those cases in which the superior court has exclusive original jurisdiction or juvenile court jurisdiction has been terminated and the child has been transferred to superior court, if it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the accused is a child, the case shall forthwith be transferred to the juvenile court together with a copy of the indictment, special presentment, accusation, or citation and all other papers, documents, and transcripts of testimony relating to the case. (b) The transferring court shall order that a child be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, legal custodian, or other person legally responsible for him or her to be brought before the juvenile court at a time designated by that court. The indictment, special presentment, accusation, or citation may not serve in lieu of a petition alleging delinquency in the juvenile court except as provided in Part 14 of this article.

MONDAY, MARCH 25, 2013

3781

Part 10
15-11-580. (a) At the commencement of the adjudication hearing, the court shall address the alleged delinquent child, in language understandable to the child, and determine whether such child is capable of understanding statements about his or her rights under this article. (b) If a child is capable, the court shall inquire how he or she responds to the allegations of the delinquency petition. The child may:
(1) Deny the allegations of such petition, in which case the court shall proceed to hear evidence on such petition; or (2) Admit the allegations of such petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudge such child to have committed a delinquent act. (c) If a child stands mute, refuses to answer, or answers evasively, the court shall enter a denial of the allegations.
15-11-581. The state shall have the burden of proving the allegations of a delinquency petition beyond a reasonable doubt.
15-11-582. (a) The court shall fix a time for the adjudication hearing. If an alleged delinquent child is in detention, the hearing shall be scheduled to be held no later than ten days after the filing of the delinquency petition. If a child is not in detention, the hearing shall be scheduled to be held no later than 60 days after the filing of such petition. (b) Adjudication hearings shall be conducted:
(1) By the court without a jury; (2) In accordance with Article 5 and Part 1 of Article 6 of Chapter 7 and Chapter 8 of Title 17, unless otherwise provided in this article; (3) In accordance with the rules of evidence set forth in Title 24; and (4) In language understandable to the child subject to the delinquency petition and participants, to the fullest extent practicable. (c) The court shall determine if the allegations of the petition alleging delinquency are admitted or denied in accordance with the provisions of Code Section 15-11-580. (d) After hearing all of the evidence, the court shall make and record its findings on whether the delinquent acts ascribed to a child were committed by such child. If the court finds that the allegations of delinquency have not been established, it shall dismiss the delinquency petition and order such child be released from any detention or legal custody imposed in connection with the proceedings. (e) The court shall make a finding that a child has committed a delinquent act based on a valid admission made in open court of the allegations of the delinquency petition or on the basis of proof beyond a reasonable doubt. If the court finds that a child has

3782

JOURNAL OF THE HOUSE

committed a delinquent act, the court may proceed immediately or at a postponed hearing to make disposition of the case.
Part 11
15-11-590. (a) After an adjudication that a child has committed a delinquent act, the court may direct that a written predisposition investigation report be prepared by the probation officer or other person designated by the court. (b) A predisposition investigation report shall contain such information about the characteristics, family, environment, and the circumstances affecting the child who is the subject of the report as the court determines may be helpful in its determination of the need for treatment or rehabilitation and a proper disposition of the case, including but not limited to:
(1) A summary of the facts of the conduct of such child that led to the adjudication; (2) The sophistication and maturity of such child; (3) A summary of such child's home environment, family relationships, and background; (4) A summary of such child's prior contacts with the juvenile court and law enforcement agencies, including the disposition following each contact and the reasons therefor; (5) A summary of such child's educational status, including, but not limited to, his or her strengths, abilities, and special educational needs. The report shall identify appropriate educational and vocational goals for such child. Examples of appropriate goals include:
(A) Attainment of a high school diploma or its equivalent; (B) Successful completion of literacy courses; (C) Successful completion of vocational courses; (D) Successful attendance and completion of such child's current grade if enrolled in school; or (E) Enrollment in an apprenticeship or a similar program; (6) A summary of the results and recommendations of any of such child's significant physical and mental examinations; (7) The seriousness of the offense to the community; (8) The nature of the offense; and (9) Whether the offense was against persons or against property. (c) If the court has ordered a child's physical or mental examination to be conducted, the report shall include a copy of the results of the examination. (d) If the court has ordered a risk assessment for a child, that assessment shall be included in the predisposition investigation report. (e) All information shall be presented in a concise and factual manner. The report shall indicate the sources of information in the report.

MONDAY, MARCH 25, 2013

3783

(f) The original report and any other material to be disclosed shall be furnished to the court, and copies shall be furnished to the attorney for the child who is the subject of such report and to the prosecuting attorney at least five days prior to the disposition hearing.
Part 12
15-11-600. (a) After a finding that a child has committed a delinquent act, the court shall hear evidence on whether such child is in need of treatment, rehabilitation, or supervision and shall make and file its findings. (b) The court may proceed immediately to the disposition hearing after the adjudication hearing or conduct the disposition hearing within 30 days of the adjudication hearing. The disposition hearing may occur later than 30 days after the adjudication hearing only if the court makes and files written findings of fact explaining the need for delay. (c) In the absence of evidence to the contrary, evidence sufficient to warrant a finding that felony acts have been committed shall also be sufficient to sustain a finding that the child is in need of treatment or rehabilitation. (d) If the court finds that a child who committed a delinquent act is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge such child from any detention or other restriction previously ordered. (e) If the court finds that a child who committed a delinquent act is in need of supervision but not of treatment or rehabilitation, it shall find that such child is a child in need of services and enter any disposition authorized by Code Section 15-11-442. (f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child who committed a delinquent act and the most appropriate disposition.
(g)(1) Prior to the disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court. (2) Portions of written reports not relied on by the court in reaching its decision which if revealed would be prejudicial to the interests of any party to the proceeding, or reveal confidential sources, may be withheld in the court's discretion. (3) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports. (h) In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home.
15-11-601. (a) At the conclusion of the disposition hearing, if a child who committed a delinquent act is determined to be in need of treatment or rehabilitation, then after considering the

3784

JOURNAL OF THE HOUSE

results of such child's risk assessment if the court is contemplating placing such child in restrictive custody, the court shall enter the least restrictive disposition order appropriate in view of the seriousness of the delinquent act, such child's culpability as indicated by the circumstances of the particular case, the age of such child, such child's prior record, and such child's strengths and needs. The court may make any of the following orders of disposition, or combination of them, best suited to such child's treatment, rehabilitation, and welfare:
(1) Any order authorized for the disposition of a dependent child other than placement in the temporary custody of DFCS unless such child is also adjudicated as a dependent child; (2) An order requiring such child and his or her parent, guardian, or legal custodian to participate in counseling or in counsel and advice. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, physician assistants, qualified volunteers, or appropriate public, private, or volunteer agencies and shall be designed to assist in deterring future delinquent acts or other conduct or conditions which would be harmful to such child or society; (3) An order placing such child on probation under conditions and limitations the court prescribes and which may include the probation management program. The court may place such child on probation under the supervision of:
(A) A probation officer of the court or the court of another state; (B) Any public agency authorized by law to receive and provide care for such child; or (C) Any community rehabilitation center if its chief executive officer has acknowledged in writing its willingness to accept the responsibility for the supervision of such child; (4) An order placing a child on unsupervised probation under conditions and limitations the court prescribes; (5) In any case in which such child who has not achieved a high school diploma or the equivalent is placed on probation, the court shall consider and may order as a condition of probation that he or she pursue a course of study designed to lead to achieving a high school diploma or the equivalent; (6) An order requiring that such child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; (7) An order requiring that such child make restitution. In ordering a child to make restitution, the court shall follow the procedure set forth in Article 1 of Chapter 14 of Title 17. Such order may remain in force and effect simultaneously with another order of the court, including but not limited to an order of commitment to DJJ. However, no order of restitution shall be enforced while such child is at a secure residential facility or nonsecure residential facility unless the commissioner of juvenile justice certifies that a restitution program is available at such facility. Payment of funds shall be made by such child or his or her family or employer

MONDAY, MARCH 25, 2013

3785

directly to the clerk of the juvenile court entering the order or to another employee of such court designated by the judge, and that court shall disburse such funds in the manner authorized in the order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to:
(A) DJJ; (B) The juvenile court of the county of such child's residence and its probation staff, if he or she changes his or her place of residence; or (C) The superior court once such child reaches 18 years of age as set forth in Code Section 17-14-5 if he or she thereafter comes under the jurisdiction of such court, and the court shall transfer enforcement of its order to superior court if the terms of such order are not completed when such child reaches 21 years of age; (8) An order requiring such child remit to the general fund of the county a sum not to exceed the maximum fine applicable to an adult for commission of any of the following offenses: (A) Any felony in the commission of which a motor vehicle is used; (B) Driving under the influence of alcohol or drugs; (C) Driving without proof of minimum required motor vehicle insurance; (D) Fraudulent or fictitious use of a driver's license; (E) Hit and run or leaving the scene of an accident; (F) Homicide by vehicle; (G) Manslaughter resulting from the operation of a motor vehicle; (H) Possession of controlled substances or marijuana; (I) Racing on highways or streets; (J) Using a motor vehicle in fleeing or attempting to elude an officer; or (K) Any violation of the provisions contained in Title 40 which is properly adjudicated as a delinquent act; (9) An order suspending such child's driver's license for a period not to exceed the date on which he or she reaches 18 years of age or, in the case of a child who does not have a driver's license, an order prohibiting the issuance of a driver's license to such child for a period not to exceed the date on which he or she reaches 18 years of age. The court shall retain the driver's license during such period of suspension and return it to such child at the end of such period. The court shall notify the Department of Driver Services of any actions taken pursuant to this paragraph; (10) An order placing such child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority only if such child was adjudicated for a delinquent act involving: (A) An offense that would be a felony if committed by an adult; or (B) An offense that would be a misdemeanor if committed by an adult and such child has had at least one prior adjudication for an offense that would be a felony if committed by an adult and at least three other prior adjudications for a delinquent act as defined in subparagraph (A) of paragraph (19) of Code Section 15-11-2; or (11) With the same exceptions as set forth in subparagraphs (A) and (B) of paragraph (10) of this subsection, an order committing such child to DJJ.

3786

JOURNAL OF THE HOUSE

(b)(1) This subsection shall apply to cases involving: (A) An offense that would be a felony if committed by an adult; or (B) An offense that would be a misdemeanor if committed by an adult and such child has had at least one prior adjudication for an offense that would be a felony if committed by an adult and at least three other prior adjudications for a delinquent act as defined in subparagraph (A) of paragraph (19) of Code Section 15-11-2.
(2) In addition to any other treatment or rehabilitation, the court may order such child to serve up to a maximum of 30 days in a secure residential facility or, after a risk assessment and with the court's approval, in a treatment program provided by DJJ or the juvenile court. (c) Any child ordered to a secure residential facility under subsection (b) of this Code section and detained after the adjudication hearing in a secure residential facility or nonsecure residential facility pending placement in a secure residential facility shall be given credit for time served in a secure residential facility or nonsecure residential facility awaiting placement. (d) A child shall be given adequate information concerning the obligations and conditions imposed upon him or her by the disposition ordered by the court and the consequences of failure to meet such obligations and conditions. Such information shall be given in terms understandable to a child to enable such child to conform his or her conduct to the requirements of the disposition.
15-11-602. (a) When a child is adjudicated to have committed a class A designated felony act or class B designated felony act, the order of disposition shall be made within 20 days of the conclusion of the disposition hearing. The court may make one of the following orders of disposition best suited to provide for the rehabilitation of such child and the protection of the community:
(1) Any order authorized by Code Section 15-11-601, if the court finds that placement in restrictive custody is not required; or (2) An order placing such child in restrictive custody. (b) Every order shall include a finding, based on a preponderance of the evidence, of whether such child requires placement in restrictive custody. If placement in restrictive custody is ordered for a child classified as low risk, the court shall make a specific written finding as to why placement in restrictive custody is necessary. In determining whether placement in restrictive custody is required, the court shall consider and make specific written findings of fact as to each of the following factors: (1) The age and maturity of such child; (2) The needs and best interests of such child; (3) The record, background, and risk level of such child as calculated by a risk assessment, including, but not limited to, information disclosed in the probation investigation, diagnostic assessment, school records, and dependency records; (4) The nature and circumstances of the offense, including whether any injury involved was inflicted by such child or another participant, the culpability of such

MONDAY, MARCH 25, 2013

3787

child or another participant in planning and carrying out the offense, and the existence of any aggravating or mitigating factors; (5) The need for protection of the community; (6) The age and physical condition of the victim; (7) If the act was trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1, whether the circumstances involved sale, delivery, or manufacture of the substances, and if such circumstances were not involved, the court shall dispose of the act as a class B designated felony act; and (8) If the act was aggravated child molestation and subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4, the court shall adjudicate the act as a delinquent act and impose a disposition in accordance with Code Section 1511-601. (c) An order for a child adjudicated for a class A designated felony act placing such child in restrictive custody shall provide that: (1) Such child be placed in DJJ custody for an initial period of up to 60 months; (2) Such child be confined for a period set by the order in a secure residential facility, except as provided in subsection (e) of this Code section. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the period set by the order; (3) After a period of confinement set by the court, such child shall be placed under intensive supervision not to exceed 12 months; (4) Such child shall not be released from intensive supervision unless by court order; and (5) All home visits shall be carefully arranged and monitored by DJJ personnel while such child is placed in a secure residential facility or nonsecure residential facility. (d) An order for a child adjudicated for a class B designated felony act placing such child in restrictive custody shall provide that: (1) Such child be placed in DJJ custody for an initial period of up to 36 months; provided, however, that not more than 18 months of such custodial period shall be spent in restrictive custody; (2) Except as provided in subsection (e) of this Code section, if such child is classified as moderate risk or high risk, he or she shall be confined for a period set by the order in a secure residential facility for half of the period of restrictive custody and the other half of the period of restrictive custody may, at the discretion of DJJ, be spent in a nonsecure residential facility. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the confinement period set by the order; (3) Except as provided in subsection (e) of this Code section, if such child is classified as low risk, he or she be confined for a period set by the order in a nonsecure residential facility. All time spent in a secure residential facility or nonsecure residential facility subsequent to the date of the disposition hearing and prior to placement in a nonsecure residential facility shall be counted toward the confinement period set by the order;

3788

JOURNAL OF THE HOUSE

(4) Such child be placed under intensive supervision not to exceed six months either after a period of confinement set by the court or as an initial period of supervision; (5) Such child shall not be released from intensive supervision unless by court order; and (6) All home visits shall be carefully arranged and monitored by DJJ personnel while a child is placed in a secure residential facility or nonsecure residential facility. (e)(1) Any child who is ordered to be confined in restrictive custody who is diagnosed with a developmental disability and is not amenable to treatment in a secure residential facility may be transferred by DJJ to a nonsecure residential facility determined to be appropriate for such child by DJJ, provided that the court and prosecuting attorney are notified of such change of placement. (2) Notwithstanding subsection (b) of this Code section, the court shall order placement in restrictive custody in any case where the child is found to have committed a class A designated felony act or class B designated felony act in which such child inflicted serious physical injury upon another person who is 72 years of age or older. (f) During a child's placement order or any extension of the placement in restrictive custody: (1) While in a secure residential facility or nonsecure residential facility, such child shall be permitted to participate in all services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in such facility. A child adjudicated to have committed a class A designated felony act or class B designated felony act may be eligible to participate in programs sponsored by such facility, including community work programs and sheltered workshops under the general supervision of DJJ staff outside of such facility. In cooperation and coordination with the DJJ, such child shall be allowed to participate in state sponsored programs for evaluation and services under the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities;
(2)(A) A child adjudicated to have committed a class A designated felony act or class B designated felony act shall not be discharged from placement in a secure residential facility or nonsecure residential facility prior to the period of time provided in the court's order except as provided in paragraph (1) of subsection (e) of this Code section or when a motion to be discharged from placement in a secure residential facility or nonsecure residential facility is granted by the court. After a court order denying a motion to discharge a child from placement in a secure residential facility or nonsecure residential facility, a subsequent such motion shall not be filed until at least six months have elapsed. Notwithstanding Code Section 15-11-32, DJJ or any party may file a motion with the court seeking a child's release from placement in a secure residential facility or nonsecure residential facility, an order modifying the court's order requiring placement in a secure residential facility or nonsecure residential facility, or termination of an order of disposition for a child committed for a class A designated felony act or class B designated felony act.

MONDAY, MARCH 25, 2013

3789

(B) All motions filed under this paragraph shall be accompanied by a written recommendation for release, modification, or termination from a child's DJJ counselor or placement supervisor, filed in the court that committed such child to DJJ, and served on the prosecuting attorney for such jurisdiction. (C) At least 14 days prior to the date of the hearing on the motion, the moving party shall serve a copy of the motion, by first-class mail, upon the victim of the class A designated felony act or class B designated felony act, if any, at the victim's last known address, the child's attorney, if any, the child's parents or guardian, and the law enforcement agency that investigated the class A designated felony act or class B designated felony act. In addition to the parties to the motion, the prosecuting attorney and the victim, if any, shall have a right to be heard and to present evidence to the court relative to any motion filed pursuant to this paragraph. (D) A court hearing a motion filed under this paragraph shall determine the disposition of a child based upon a preponderance of the evidence. In determining whether a motion for release from custody, modification of placement in a secure residential facility or nonsecure residential facility, or termination of an order of disposition should be granted or denied due to changed circumstances, the court shall be required to find whether or not such child has been rehabilitated and shall consider and make specific findings of fact as to each of the following factors:
(i) The needs and best interests of such child; (ii) The record and background of such child, including the disciplinary history of such child during the period of placement in a secure residential facility or nonsecure residential facility and subsequent offense history; (iii) The academic progress of such child during the period of placement in a secure residential facility or nonsecure residential facility, including, if he or she is receiving services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, a review of his or her Individualized Education Program (IEP) and such child's progress toward IEP goals; (iv) The victim's impact statement submitted for purposes of a hearing conducted pursuant to this paragraph; (v) The safety risk to the community if such child is released; and (vi) Such child's acknowledgment to the court and victim, if any, of his or her conduct being the cause of harm to others; and (3) Unless otherwise specified in the order, DJJ shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of such child. (g) Notwithstanding the initial periods of placement in restrictive custody ordered by the court pursuant to subsection (c) or (d) of this Code section, the period of placement may be extended on motion by DJJ, after a disposition hearing, for two additional periods not to exceed 12 months each, provided that no placement or extension of custody may continue beyond a child's twenty-first birthday.

3790

JOURNAL OF THE HOUSE

(h) The court shall identify the school last attended by a child adjudicated for a class A designated felony act or class B designated felony act and the school which such child intends to attend and shall transmit a copy of the adjudication to the principals of both schools within 15 days of the adjudication. Such information shall be subject to notification, distribution, and other requirements as provided in Code Section 20-2-671.
15-11-603. (a) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, order that such child submit to an HIV test within 45 days following the adjudication of delinquency. The court shall mail DJJ a copy of the order within three days following its issuance. (b) Within 30 days following receipt of the copy of the order, DJJ shall arrange for the HIV test for such child. (c) Any child placed in the custody and control of DJJ shall be HIV tested in accordance with DJJ's policies and procedures. (d) If a child is determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall only be reported to:
(1) DJJ or the Department of Corrections, as the case may be, and the Department of Public Health, which may disclose the name of such child if necessary to provide counseling and which shall provide counseling to each victim of the AIDS transmitting crime or to any parent, guardian, or legal custodian of any victim who is a minor or incompetent person if DJJ or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim. Counseling shall include providing the person with information and explanations medically appropriate for such person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which such child has been confined by order of the court. In addition to any other restrictions regarding the confinement of a child, a child determined to be an HIV infected person may be confined separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or

MONDAY, MARCH 25, 2013

3791

(C) The commissioner of juvenile justice reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted.
15-11-604. (a) A child adjudicated to have committed a delinquent act shall be given credit for each day spent in a secure residential facility or nonsecure residential facility awaiting adjudication and for each day spent in a secure residential facility or nonsecure residential facility in connection with and resulting from a court order entered in the proceedings for which the disposition was imposed and in any institution or facility for treatment or examination of a physical or mental disability. Such credit shall be applied toward the child's disposition. (b) Subsection (a) of this Code section shall apply to dispositions for all offenses, whether classified as violations, misdemeanors, or felonies.
15-11-605. (a) In addition to any other terms or conditions of probation provided for under this article, the court may require that children who receive a disposition of probation:
(1) Be ordered to a probation management program; or (2) Be ordered to a secure probation sanctions program by a probation officer or hearing officer. (b) When a child has been ordered to a probation management program or secure probation sanctions program, the court shall retain jurisdiction throughout the period of the probated sentence and may modify or revoke any part of a probated sentence as provided in Code Section 15-11-32. (c)(1) DJJ in jurisdictions where DJJ is authorized to provide probation supervision or the county juvenile probation office in jurisdictions where probation supervision is provided directly by the county, as applicable, shall be authorized to establish rules and regulations for graduated sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of a probation management program. (2) DJJ or the county juvenile probation office, as applicable, shall not sanction probationers for violations of conditions of probation if the court has expressed an intention in a written order that such violations be heard by the court. (d) DJJ or the county juvenile probation office, as applicable, shall impose only those restrictions equal to or less restrictive than the maximum sanction established by the court. (e) The secure probation sanctions program shall be established by DJJ. Exclusion of a child from a secure probation sanctions program otherwise authorized by this Code section to enter such program shall be mutually agreed upon by the Council of Juvenile Court Judges and DJJ. The secure probation sanctions program shall be available to the juvenile courts to the extent that each secure facility has capacity for such offenders

3792

JOURNAL OF THE HOUSE

within its facilities. Prior to reaching full capacity, DJJ shall inform the various juvenile courts of its capacity constraints.
(f)(1) When requesting the secure probation sanctions program, probation officers supervising a child under a probation management program shall provide an affidavit to the court specifying:
(A) The elements of such child's probation program; (B) Such child's failures to respond to graduated sanctions in the community; and (C) Such child's number of violations and the nature of each violation. (2) If a probation officer fails to document the violations and specify how a child has failed to complete a probation management program, such child shall be ineligible to enter the secure probation sanctions program. (3) A child may enter the secure probation sanctions program if ordered by the court and: (A) The probation officer has complied with the provisions of paragraph (1) of this subsection and the criteria set by the department for entrance into such program and such child has had three or more violations of probation; or (B) A child in a probation management program and his or her parent or guardian, or a child in such program and his or her attorney, admit to three or more violations of such program and sign a waiver accepting the sanction proposed by the probation officer. (4) Each new violation of a condition of a probated sentence may result in a child being sentenced to the secure probation sanctions program; provided, however, that if a child is sentenced to the secure probation sanctions program and completes all program components in the seven, 14, and 30 day programs, such child shall be ineligible to attend the secure probation sanctions program for a future violation of a condition of the same probated sentence. (g)(1) When a violation of a condition of probation occurs, a child may have an administrative hearing conducted by a hearing officer. If the hearing officer determines by a preponderance of the evidence that such child violated the conditions of probation, the probation officer shall be authorized to impose graduated sanctions. A child's failure to comply with a sanction imposed under this paragraph shall constitute another violation of probation. (2) A hearing officer's decision shall be final unless such child files, within five days of the service of such decision, a written demand with the hearing officer who conducted the administrative hearing for review of such decision. Such demand shall not stay the sanction decision. Such hearing officer shall issue a response to such demand within five days of receiving such demand. (3) If such hearing officer insists on the sanction, his or her decision shall be final unless the child subject to the sanction files an appeal in the court that originally adjudicated such child. Such appeal shall be filed within ten days of the date of the decision of the hearing officer.

MONDAY, MARCH 25, 2013

3793

(4) The appeal shall first be reviewed by the court upon the record. At the court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the sanction decision. (5) Where the court does not act on the appeal within 15 days of the date of the filing of the appeal, the sanction decision shall be affirmed by operation of law.
15-11-606. An order of disposition or adjudication shall not be a conviction of a crime and shall not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment.
15-11-607. (a) Except as otherwise provided in Code Section 15-11-602, an order of disposition committing a child adjudicated for a delinquent act to DJJ shall continue in force for two years or until such child is sooner discharged by DJJ. The court which made the order may extend its duration for a period not to exceed two years subject to like discharge, if:
(1) A hearing is held upon DJJ's motion prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to such child and his or her parent, guardian, or legal custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of such child. (b) Any other order of disposition except an order of restitution as allowed by paragraph (7) or (8) of subsection (a) of Code Section 15-11-601 shall continue in force for not more than two years. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order on the court's own motion or upon motion of DJJ or the prosecuting attorney; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c) The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished. (d) Except as otherwise provided in paragraph (7) of subsection (a) of Code Section 15-11-601 and Code Section 17-14-5, when a child reaches 21 years of age, all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.

3794

JOURNAL OF THE HOUSE

15-11-608. (a) An order granting probation to a child adjudicated for a delinquent act may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to the prosecuting attorney who may file a motion in the court for revocation of probation. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) The motion for revocation of probation shall be served upon the child serving the probated sentence, his or her attorney, and his or her parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-531. (d) If a child serving a probated sentence is taken into custody because of an alleged violation of probation, the provisions governing the detention of a child shall apply. (e) A revocation hearing shall be scheduled to be held no later than 30 days after the filing of such motion or, if a child has been detained as a result of the filing of such motion for revocation, not later than ten days after the filing of the motion. (f) If the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation, the court may:
(1) Extend probation; (2) Impose additional conditions of probation; or (3) Make any disposition that could have been made at the time probation was imposed. (g) In the case of a class A designated felony act or class B designated felony act, if the court finds that a child violated the terms and conditions of probation, the court shall reconsider and make specific findings of fact as to each of the factors in subsection (b) of Code Section 15-11-602 to determine whether placement in restrictive custody. (h) In the case of a class A designated felony act or class B designated felony act, if the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation and revokes the order granting probation, the child shall be given credit for time served on probation and time served in preadjudication custody.
Part 13
15-11-620. (a) When a child is alleged to have committed a delinquent act and be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier. (b) If a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in foster care within 60 days of such child's removal from the home, then the date of entry into foster care shall be 60 days after the date of removal.

MONDAY, MARCH 25, 2013

3795

(c) If a child is detained in a facility operated primarily for the detention of delinquent children pending placement in foster care and remains detained for more than 60 days, then the date of entry into foster care shall be the date such child is placed in foster care.
15-11-621. The periodic review hearing requirements under Code Sections 15-11-216, 15-11-217, and 15-11-218 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care.
15-11-622. (a) The permanency plan requirements under Code Sections 15-11-230, 15-11-231, and 15-11-232 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care. (b) In addition to the compelling reasons set forth in Code Section 15-11-233, a compelling reason for determining that filing a termination of parental rights petition is not in the best interests of a child alleged or adjudicated to have committed a delinquent act may include, but not be limited to:
(1) A child's developmental needs require continued out-of-home placement for an additional number of months, and his or her parent, guardian, or legal custodian has cooperated with referrals, visitation, and family conferences, as well as therapy; (2) A child is uncooperative with services or referrals; and (3) The length of the delinquency disposition affects the permanency plan.
Part 14
15-11-630. (a) A juvenile traffic offense consists of a violation by a child of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or (2) Any other motor vehicle traffic law or local ordinance if a child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge. (b) The following offenses shall be acts of delinquency and shall not be handled as juvenile traffic offenses: aggressive driving, reckless driving, a four-point speeding offense, homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a driver's license, hit and run or leaving the scene of an accident, driving under the influence of alcohol or drugs, and any offense committed by an unlicensed driver under 16 years of age.

3796

JOURNAL OF THE HOUSE

(c) A juvenile traffic offense shall not be an act of delinquency unless the case is transferred to the delinquency calendar. (d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If a child is taken into custody on the charge, Code Sections 15-11-503 and 15-11-505 shall apply. If a child is, or after commencement of the proceedings becomes, a resident of another county of this state, the court in the county where the alleged traffic offense occurred may retain jurisdiction over the entire case. (e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child accused of committing a juvenile traffic offense and, if his or her address is known, to his or her parent, guardian, or legal custodian. If the accusation made in the summons, notice to appear, or other designation of a citation is denied, a hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear with their attorney. The hearing shall be open to the public. (f) If the court finds on the admission of a child or upon the evidence that a child committed the offense charged, it may make one or more of the following orders:
(1) Reprimand, counsel, or warn such child and his or her parent, guardian, or legal custodian; provided, however, that this disposition order shall not be available for any act of delinquency; (2) As a matter of supervised or unsupervised probation, order the Department of Driver Services to suspend such child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months; (3) Require such child to attend a traffic school approved by the Department of Driver Services or a substance abuse clinic or program approved by either DBHDD or the Council of Juvenile Court Judges for a reasonable period of time; (4) Assess a fine and order such child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense. The fine shall be subject to all additions and penalties as specified under this title and Title 47; (5) Require such child to participate in a program of community service as specified by the court; (6) Impose any sanction authorized by Code Section 15-11-442 or 15-11-601; or (7) Place such child on probation subject to the conditions and limitations imposed by Title 40 governing probation granted to adults for like offenses, provided that such probation shall be supervised by the court or shall be unsupervised probation. (g) In lieu of the orders provided by subsection (f) of this Code section, if the evidence warrants, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and delinquency petition. (h) Upon finding that a child has committed a juvenile traffic offense or an act of delinquency which would be a violation of Title 40 if committed by an adult, the court

MONDAY, MARCH 25, 2013

3797

shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which a child and his or her parent, guardian, or legal custodian have been reprimanded, counseled, or warned by the court. The Department of Driver Services shall record the adjudication and disposition of the offense on such child's permanent record, and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking such child's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.
ARTICLE 7
15-11-650. The purpose of this article is:
(1) To set forth procedures for a determination of whether a child is incompetent to proceed; and (2) To provide a mechanism for the development and implementation of competency remediation services, when appropriate, including treatment, habilitation, support, or supervision services.
15-11-651. As used in this article, the term:
(1) 'Competency remediation services' means outpatient interventions directed only at facilitating the attainment of competence to proceed for a child adjudicated to be incompetent to proceed. Such term may include mental health treatment to reduce interfering symptoms, specialized psychoeducational programming, or a combination of these interventions. (2) 'Comprehensive services plan' shall have the same meaning as set forth in Code Section 15-11-381. (3) 'Incompetent to proceed' means lacking sufficient present ability to understand the nature and object of the proceedings, to comprehend his or her own situation in relation to the proceedings, and to assist his or her attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings. Such term shall include consideration of a child's age or immaturity. (4) 'Mental competency proceeding' means a hearing conducted to determine whether a child is incompetent to proceed in adjudication, a disposition hearing, or a transfer proceeding. (5) 'Plan manager' shall have the same meaning as set forth in Code Section 15-11381. (6) 'Treatment facility' means a facility that receives patients for psychiatric treatment as provided in Code Sections 37-3-80 through 37-3-84 but shall not include a secure residential facility.

3798

JOURNAL OF THE HOUSE

15-11-652. (a) If at any time after the filing of a petition alleging delinquency or that a child is a child in need of services the court has reason to believe that the child named in the petition may be incompetent to proceed, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, such child's parent, guardian, or legal custodian, or the prosecuting attorney shall stay all proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation of and report on such child's mental condition. (b) When a delinquency petition is filed alleging a child under the age of 13 has committed a serious violent felony, as defined in Code Section 17-10-6.1, the court shall stay all delinquency proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation and report concerning such child's mental condition. (c) Any motion, notice of hearing, order, or other pleading relating to a child's incompetency to proceed shall be served upon him or her, his or her attorney, his or her guardian ad litem, if any, his or her parent, guardian, or legal custodian, and the prosecuting attorney. (d) Prior to the administration of any evaluation, the court shall appoint an attorney to represent a child if he or she is not yet represented by an attorney. (e) All time limits set forth in Articles 5 and 6 of this chapter for adjudication and disposition of a delinquency or a child in need of services proceeding shall be tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding and during provision of competency remediation services.
15-11-653. (a) The court ordered evaluation and report shall be conducted by an examiner who shall consider whether a child is incompetent to proceed. The court shall provide the examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency. The attorney for the child being examined and the prosecuting attorney shall provide the examiner with any records from any other available sources that are deemed necessary for the competency evaluation. (b) The competency evaluation shall be performed on an outpatient basis; provided, however, that if a child is in an out-of-home placement, the evaluation shall be performed at such child's location. (c) The examiner who conducts the evaluation shall submit a written report to the court within 30 days of receipt of the court order for evaluation. The court may, in its discretion, grant the examiner an extension in filing such report. The report shall contain the following:
(1) The specific reason for the evaluation, as provided by the court or the party requesting the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed;

MONDAY, MARCH 25, 2013

3799

(3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis if any and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of a child's abilities and deficits in the following mental competency functions:
(A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to assist his or her attorney in the preparation and presentation of his or her case; (6) An opinion regarding the potential significance of a child's mental competency, strengths, and deficits; (7) An opinion regarding whether or not a child should be considered incompetent to proceed; and (8) A specific statement explaining the reasoning supporting the examiner's final determination. (d) If, in the opinion of the examiner, a child should be considered incompetent to proceed, the report shall also include the following: (1) An opinion on whether the primary cause of incompetency to proceed is immaturity, mental illness, developmental disability, or a combination of mental illness and developmental disability; (2) An opinion on whether there is a substantial probability that the examined child will attain the mental competency necessary to participate in adjudication, a disposition hearing, or a transfer hearing in the foreseeable future; (3) If the examiner believes that the examined child will attain mental competency, recommendations for the general level and type of competency remediation services necessary for significant deficits; (4) A recommendation on the appropriate treatment or services; (5) When appropriate, recommendations for modifications of court procedure which may help compensate for mental competency weaknesses; and (6) Any relevant medication history. (e) If the examiner determines that the examined child is currently competent because of ongoing treatment with medication or other services, the report shall address the necessity of continuing such treatment and shall include a description of any limitation such treatment may have on competency. (f) Copies of the written evaluation report shall be provided by the court to the attorney representing the examined child, the prosecuting attorney or a member of his or her staff, and any guardian ad litem for the examined child no later than five days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional evaluations by other licensed psychologists or psychiatrists.

3800

JOURNAL OF THE HOUSE

In no event shall more than one evaluation be conducted by an examiner employed by DBHDD.
15-11-654. (a) If at any time following a finding that a child is incompetent to proceed the court determines that such child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of such child's residence. (b) When any case is transferred, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court. (c) If a court determines that such child's competency is remediated, jurisdiction of the case may be returned to the transferring court for the adjudication hearing and any subsequent proceedings.
15-11-655. (a) A hearing to determine if a child is incompetent to proceed shall be conducted within 60 days after the initial court order for evaluation. The hearing may be continued by the court for good cause shown. (b) Written notice shall be given to all parties and the victim at least ten days prior to such hearing. (c) The burden of proving that a child is incompetent to proceed shall be on such child. The standard of proof necessary for proving mental competency shall be a preponderance of the evidence. (d) At the hearing to determine incompetency to proceed, a child's attorney and the prosecuting attorney shall have the right to:
(1) Present evidence; (2) Call and examine witnesses; (3) Cross-examine witnesses; and (4) Present arguments. (e) The examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both a child's attorney and the prosecuting attorney. (f) The court's findings of fact shall be based on any evaluations of a child's mental condition conducted by licensed psychologists or psychiatrists appointed by the court, any evaluations of a child's mental condition conducted by independent licensed psychologists or psychiatrists hired by the parties, and any additional evidence presented. (g) If the court finds that a child is not incompetent to proceed, the proceedings which have been suspended shall be resumed. The time limits under Article 5 or 6 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding such child mentally competent.

MONDAY, MARCH 25, 2013

3801

(h) Copies of the court's findings shall be given to the parties within ten days following the issuance of such findings.
15-11-656. (a) If the court finds that a child is incompetent to proceed but such child's incompetence may be remediated, if such child is alleged:
(1) To be a child in need of services, the court shall either dismiss the petition without prejudice or order competency remediation services for such child; or (2) To have committed a delinquent act, the court may order competency remediation services for such child. (b) In determining whether to order competency remediation services, the court shall consider: (1) Whether there is probable cause to believe the allegations in the petition are true; (2) The nature of the incompetency; (3) An incompetent child's age; and (4) The nature of the act alleged to have been committed by the incompetent child, in particular whether the act is a serious violent felony as such term is defined in Code Section 17-10-6.1. (c) If a child is determined to be incompetent to proceed, the court has ordered that competency remediation services should be provided, and: (1) Such child is alleged to have committed an act that would be a felony if committed by an adult, the court may retain jurisdiction of such child for up to two years after the date of the order of incompetency, with review hearings at least every six months to redetermine competency or proceed as provided in subsection (f) of this Code section; or (2) A child is alleged to have committed an act that would be a misdemeanor if committed by an adult, the court may retain jurisdiction of a child for up to 120 days after the date of the order of incompetency or proceed as provided in subsection (f) of this Code section. (d) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and the mandated outpatient competency remediation services. If such child is in an out-of-home placement, the court shall specify the type of competency remediation services to be performed at such child's location. A child may be placed in a secure treatment facility or program, not to include DJJ facilities, if the court makes a finding by clear and convincing evidence that: (1) A child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37; and (2) All available less restrictive alternatives, including treatment in community residential facilities or community settings which would offer an opportunity for improvement of a child's condition, are inappropriate.

3802

JOURNAL OF THE HOUSE

(e) A child who is incompetent to proceed shall not be subject to transfer to superior court, adjudication, disposition, or modification of disposition so long as the mental incompetency exists. (f) If the court determines that an alleged delinquent child is incompetent to proceed, the court may dismiss the petition without prejudice. (g) If a child is detained in a secure residential facility or nonsecure residential facility and the court determines that such child is incompetent to proceed, within five days of such determination the court shall issue an order to immediately release such child to the appropriate parent, guardian, or legal custodian.
15-11-657. (a) All competency remediation service orders issued by the court shall contain:
(1) The name of the competency remediation service program provider and the location of the program; (2) A statement of the arrangements for a child's transportation to the program site; (3) The length of the competency remediation service program; (4) A statement of the arrangements for a child's transportation after the program ends; and (5) A direction concerning the frequency of reports required by the court. (b) DBHDD or a licensed psychologist or psychiatrist shall file a written report with the court: (1) Not later than six months after the date the court orders that competency remediation be attempted but prior to the first review hearing; (2) Every six months after the first review hearing if a child remains incompetent to proceed and under an order for remediation; (3) At any time DBHDD or a licensed psychologist or psychiatrist opines a child has attained competency; or (4) At shorter intervals designated by the court in its competency remediation order. (c) DBHDD or the licensed psychologist or psychiatrist written report shall include, but not be limited to: (1) Whether a child's competency can be remediated or whether a child is likely to remain incompetent to proceed for the foreseeable future; (2) Whether additional time is needed to remediate a child's competency; and (3) If a child has attained competency, the effect, if any, of any limitations that are imposed by any medication or other treatment used in the effort to remediate competency.
15-11-658. (a) If the court initially finds that a child is unrestorably incompetent to proceed, the court shall dismiss the petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may:

MONDAY, MARCH 25, 2013

3803

(1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or a child in need of services petition; or (2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination. (b) If at any time after a child is ordered to undergo competency remediation services DBHDD or a licensed psychologist or psychiatrist opines that a child is likely to remain incompetent to proceed for the foreseeable future, DBHDD or the licensed psychologist or psychiatrist shall submit a report to the court so stating. (c) Upon receipt of the report specified in subsection (b) of this Code section, the court shall make a competency determination and shall dismiss the delinquency petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may: (1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or child in need of services petition; or (2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination.
15-11-659. If at any time after a child is adjudicated to be incompetent to proceed due to age, immaturity, or for any reason other than mental illness or developmental disability and is ordered to undergo competency remediation services and DBHDD determines that such child is likely to remain incompetent to proceed for the foreseeable future, DBHDD shall submit a report and its conclusions to the court. Upon receipt of such report, the court shall:
(1) Make a competency determination; (2) Order that the applicable petition be dismissed; and (3) Order that a plan manager be appointed and that the procedures for a comprehensive services plan be initiated under Article 5 of this chapter.
15-11-660. (a) The court shall hold a hearing to review a child's progress toward competency:
(1) At least every six months; (2) At any time, on its own motion or on the motion of the prosecuting attorney, a child's attorney, or a child's guardian ad litem, if any; (3) On receipt of a report submitted by DBHDD; or (4) Not less than three months before a child's eighteenth birthday. (b) If at a review hearing the court finds that a child has attained competency, the suspended proceedings shall be resumed and the time limits applicable under Article 5 or 6 of this chapter shall begin to run from the date of the order finding the child mentally competent.

3804

JOURNAL OF THE HOUSE

(c) If at a review hearing held following the court's receipt of a DBHDD or licensed psychologist or psychiatrist's report the court finds that a child's incompetency has not been remediated but that such child has made substantial progress toward remediation, the court may extend the competency remediation program period for an additional 60 days if the court determines by clear and convincing evidence that further participation is likely to lead to remediation of competency. (d) If at a review hearing the court finds that a child's competency is not remediated and is not likely to be remediated within the time left before such child's eighteenth birthday, the court shall dismiss the petition with prejudice if such child is alleged to be a child in need of services or to have committed a delinquent act which would be a misdemeanor if committed by an adult. (e) At each review hearing, the court shall also consider whether the petition alleging delinquency or that a child is a child in need of services should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than a child's being incompetent to proceed. If the court dismisses the petition, the prosecuting attorney may seek to refile a petition alleging a delinquent act which would be a felony if committed by an adult if a child is later determined to be mentally competent. The prosecuting attorney may also seek transfer to superior court if a child is later determined to be mentally competent and otherwise meets all the requirements for transfer under Article 6 of this chapter.
ARTICLE 8
15-11-680. This article shall be known and may be cited as the 'Parental Notification Act.'
15-11-681. As used in this article, the term:
(1) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term 'abortion' shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as a result of a spontaneous abortion. The term 'abortion' also shall not include the prescription or use of contraceptives. (2) 'Proper identification' means any document issued by a governmental agency containing a description of the person, the person's photograph, or both, including but not limited to a driver's license, an identification card authorized under Code Sections 40-5-100 through 40-5-104 or similar identification card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Customs Enforcement Division of the Department of Homeland Security.

MONDAY, MARCH 25, 2013

3805

(3) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction.
15-11-682. (a) No physician or other person shall perform an abortion upon an unemancipated minor unless:
(1)(A) The unemancipated minor seeking an abortion is accompanied by his or her parent or guardian who shall show proper identification and state that he or she is the lawful parent or guardian of the unemancipated minor and that he or she has been notified that an abortion is to be performed on the unemancipated minor; (B) The physician or the physician's qualified agent gives at least 24 hours' actual notice, in person or by telephone, to the parent or guardian of the unemancipated minor of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the unemancipated minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the unemancipated minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; or (C) The physician or a physician's qualified agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by registered or certified mail or statutory overnight delivery, return receipt requested with delivery confirmation, addressed to a parent or guardian of the unemancipated minor at the usual place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the unemancipated minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified certifies in writing that he or she has been previously informed that the unemancipated minor was seeking an abortion or if the person so notified has not been previously informed and he or she certifies in writing that he or she does not wish to consult with the unemancipated minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; and (2) The unemancipated minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor or the physician or a physician's qualified agent, as the case may be, elects not to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent or legal guardian of the unemancipated minor cannot be located, the unemancipated minor may petition, on his or her own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist the unemancipated minor or next friend in preparing the

3806

JOURNAL OF THE HOUSE

petition and notices required pursuant to this Code section. Venue shall be lawful in any county. (c) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section have been met or the unemancipated minor has obtained a court order waiving such requirements.
15-11-683. Notwithstanding Code Sections 15-11-40, 15-11-150, 15-11-152, 15-11-160, 15-11281, 15-11-424, and 15-11-531, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding weekends and legal holidays. The parent, guardian, or legal custodian of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
15-11-684. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented. (b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed. (c) The requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-682 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent or guardian; or (2) That the notice to a parent or, if the unemancipated minor is subject to guardianship, the legal guardian pursuant to Code Section 15-11-682 would not be in the best interests of such minor. (d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the unemancipated minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner that will preserve anonymity.

MONDAY, MARCH 25, 2013

3807

(e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter. (f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
15-11-685. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.
15-11-686. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him or her, a medical emergency exists that so complicates the condition of the unemancipated minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-687. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-688. Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false information pursuant to this article shall be guilty of a misdemeanor.
ARTICLE 9
15-11-700. (a) As used in this Code section, the term 'dependency proceeding' means a court proceeding stemming from a petition alleging that a child is a dependent child. (b) The general public shall be admitted to:

3808

JOURNAL OF THE HOUSE

(1) An adjudicatory hearing involving an allegation of a class A designated felony act or class B designated felony act; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated for committing a delinquent act; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of dependency; (3) Any child support hearing; (4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; (5) At the court's discretion, any dispositional hearing involving any proceeding under this article; or (6) Any hearing in a dependency proceeding, except as otherwise provided in subsection (c) of this Code section. (c) The court may close the hearing in a dependency proceeding only upon making a finding upon the record and issuing a signed order stating the reason or reasons for closing all or part of a hearing in such proceeding and stating that: (1) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16; or (2) It is in the best interests of the child. In making such a determination, the court shall consider such factors as:
(A) The age of the child alleged or adjudicated as a dependent child; (B) The nature of the allegations; (C) The effect that an open court proceeding will have on the court's ability to reunite and rehabilitate the family unit; and (D) Whether the closure is necessary to protect the privacy of a child, of a foster parent or other caretaker of a child, or of a victim of domestic violence. (d) The court may close a hearing or exclude a person from a hearing in any proceeding on its own motion, by motion of a party to the proceeding, or by motion of the child who is the subject of the proceeding or the child's attorney or guardian ad litem. (e) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, the victim, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings from which the public is excluded; provided, however, that when the conduct alleged in the dependency proceeding could give rise to a criminal or delinquent act prosecution, attorneys for the prosecution and the defense shall be admitted. (f) The court may refuse to admit a person to a hearing in any proceeding upon making a finding upon the record and issuing a signed order that the person's presence at the hearing would: (1) Be detrimental to the best interests of the child who is a party to the proceeding; (2) Impair the fact-finding process; or (3) Be otherwise contrary to the interest of justice.

MONDAY, MARCH 25, 2013

3809

(g) The court may temporarily exclude any child from a termination of parental rights hearing except while allegations of his or her delinquency or child in need of services conduct are being heard. (h) Any request for installation and use of electronic recording, transmission, videotaping, or motion picture or still photography of any judicial proceeding shall be made to the court at least two days in advance of the hearing. The request shall be evaluated by the court pursuant to the standards set forth in Code Section 15-1-10.1. (i) The judge may order the media not to release identifying information concerning any child or family members or foster parent or other caretaker of a child involved in hearings open to the public. (j) The general public shall be excluded from proceedings in juvenile court unless such hearing has been specified as one in which the general public shall be admitted to pursuant to this Code section.
15-11-701. (a) Upon dismissal of a petition or complaint alleging delinquency or that a child is a child in need of services or completion of the process in a case handled through informal adjustment, mediation, or other nonadjudicatory procedure, the court shall order the sealing of the files and records in the case. (b) On application of a person who has been adjudicated for committing a delinquent act or as a child in need of services or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding if the court finds that:
(1) Two years have elapsed since the final discharge of the person; (2) Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated for committing a delinquent act or as a child in need of services and no proceeding seeking conviction or adjudication is pending against the person; and (3) The person has been rehabilitated. (c) On application of a person who has been adjudicated for a delinquent act or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding, including those specified in Code Sections 15-11-702 and 15-11-708, if the court finds that the child was adjudicated for a delinquent act for a sexual crime as defined in Code Section 16-3-6 and such crime resulted from the child being: (1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or (2) A victim of sexual exploitation as defined in Code Section 49-5-40. (d) Reasonable notice of the hearing required by subsection (b) and (c) of this Code section shall be given to: (1) The prosecuting attorney; (2) DJJ, when appropriate; (3) The authority granting the discharge if the final discharge was from an institution or from parole; and

3810

JOURNAL OF THE HOUSE

(4) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-702 and 15-11-708 are included in the application or motion. (e) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists pertaining to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or designated official and shall also be sent to the deputy director of the Georgia Crime Information Center of the Georgia Bureau of Investigation. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and otherwise only by those persons named in the order or to criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes. (f) The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16.
15-11-702. (a)(1) Every child charged with an offense that would be a felony if committed by an adult shall be fingerprinted and photographed upon being taken into custody. (2) Fingerprints and photographs of children to be used in investigating the commission of crimes shall be taken and filed separately from those of adults by law enforcement officials and shall be made available as provided in this article and as may be directed by the court.
(b) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. (c) If a child has been charged with an offense that if committed by an adult would be a felony or if the case is transferred to another court for prosecution, such child's identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and shall be authorized to disseminate such data for the purposes specified in Code Section 15-11-708. (d) Upon application of a child, fingerprints and photographs of such child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either such petition is filed or the case is transferred to the juvenile court or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when fingerprints and photographs are destroyed, and the Georgia Bureau of Investigation

MONDAY, MARCH 25, 2013

3811

shall treat such records in the same manner as criminal history record information is restricted pursuant to Code Section 35-3-37. (e) Except as provided in subsection (a) of this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution. (f) Upon request, the judge or his or her designee shall release the name of any child with regard to whom a petition has been filed alleging a child committed a class A designated felony act or class B designated felony act or alleging a child committed a delinquent act if such child has previously been adjudicated for committing a delinquent act or if such child has previously been before the court on a delinquency charge and adjudication was withheld.
15-11-703. Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or a child in need of services, whether before or after reaching 18 years of age, except in the establishment of conditions of bail, plea negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys, superior or state court judges, and the accused and may be used in the same manner as adult records.
15-11-704. (a) Except as provided in subsection (b) of this Code section and Code Sections 15-11705 and 15-11-706, all files and records of the court in a proceeding under this chapter shall be open to inspection only upon order of the court. (b) The general public shall be allowed to inspect court files and records for any proceeding that was open to the public pursuant to paragraphs (1) through (5) of subsection (b) of Code Section 15-11-700. (c) A judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution such judge may deem proper and may punish by contempt any violation of those conditions. (d) A judge shall permit authorized representatives of DJJ, the Governor's Office for Children and Families, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on children and to make copies pursuant to the order of the court. (e) Except as otherwise provided in Code Sections 15-11-701 and 15-11-703, the complaint, petition, order of adjudication, and order of disposition in any delinquency case shall be disclosed upon request of the prosecuting attorney or the accused for use preliminarily to or in conjunction with a subsequent juvenile or criminal proceeding in a court of record.

3812

JOURNAL OF THE HOUSE

15-11-705. (a) Notwithstanding other provisions of this article, the court records of proceedings under Article 5 of this chapter shall be withheld from public inspection but shall be open to inspection by juvenile probation and parole officers, a child who is a party in a proceeding, his or her parent, guardian, or legal custodian, such child's attorney, and others entrusted with the supervision of such child. Additional access to court records may be granted by court order. (b) It shall be unlawful for any person to disclose court records, or any part thereof, to persons other than those entitled to access under subsection (a) of this Code section, except by court order. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31.
15-11-706. (a) When a decision is made to handle a case through informal adjustment, mediation, or other nonadjudicatory procedure, the juvenile court intake officer shall file with the court in the county in which a child legally resides all of the following information:
(1) The name, address, and date of birth of the child subject to informal adjustment, mediation, or other nonadjudicatory procedure; (2) The act or offense for which such child was apprehended; (3) The diversion decision made; (4) The nature of such child's compliance with an informal adjustment agreement; and (5) If an informal adjustment agreement is revoked, the fact of and reasons for the revocation. (b) Notwithstanding subsection (a) of Code Section 15-11-701, the court in the county in which a child resides shall keep a separate record for such child which shall be open to the court, the prosecuting attorney, or an officer designated by the court only for the purpose of deciding whether to handle a subsequent case through informal adjustment, mediation, or other nonadjudicatory procedure or for use in disposition of a subsequent proceeding. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31.
15-11-707. Within 30 days of any proceeding in which a child is adjudicated for committing a delinquent act for a second or subsequent time or is adjudicated for committing a class A designated felony act or class B designated felony act, the court shall provide written notice to the school superintendent of the school in which such child is enrolled or his or her designee or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or class A designated felony act or class B designated felony act such child committed.

MONDAY, MARCH 25, 2013

3813

15-11-708. (a) Law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. (b) Unless a charge of delinquency is transferred for criminal prosecution, the interest of national security requires, the case is one in which the general public may not be excluded from the hearings, or the court otherwise orders in the best interests of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public. (c) Inspection of the records and files shall be permitted by:
(1) A juvenile court having a child before it in any proceeding; (2) The attorney for a party to the proceedings, with the consent of the court; (3) The officers of public institutions or agencies to whom a child is committed; (4) Law enforcement officers and prosecuting attorneys of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties; (5) A court in which a child is convicted of a criminal offense, for the purpose of a presentence report or other disposition proceeding; (6) Officials of penal institutions and other penal facilities to which a child is committed; or (7) A parole board in considering a child's parole or discharge or in exercising supervision over such child. (d) The court shall allow authorized representatives of DJJ, the Governor's Office for Children and Families, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. (e) Access to fingerprint records submitted to the Georgia Bureau of Investigation shall be limited to the administration of criminal justice purposes.
15-11-709. (a) Subject to the earlier sealing of certain records pursuant to Code Section 15-11-701, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section 50-18-92. (b) Thereafter, the court may destroy such records, except that the records of cases in which a court terminates the parental rights of a parent and the records of cases involving a petition for legitimation of a child shall be preserved permanently. (c) The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed and shall make social records consisting of records of investigation and treatment and other confidential information. (d) Identification data shall be maintained and shall be disseminated to criminal justice officials for official judicial enforcement or criminal justice purposes as provided in Code Section 35-3-33.

3814

JOURNAL OF THE HOUSE

(e) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indexes, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indexes in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indexes. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security shall be maintained.
15-11-710. (a) As used in this Code section, the term 'governmental entity' shall mean the court, superior court, DJJ, DBHDD, DFACS, county departments of family and children services, or public schools, as such term is defined in Code Section 16-11-35. (b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15, 15-11-40, 15-11-105, 15-11-170, 15-11264, 15-11-541, 15-11-542, 15-11-603, 15-11-708, 15-11-709, 15-11-744, 20-2-751.2, 20-14-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interests of such child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of a child in juvenile, superior, or state court or utilized to the detriment of such child. (c) Information released pursuant to this Code section shall not change or rescind the confidential nature of such information and such information shall not be subject to public disclosure or inspection unless otherwise provided by law.
ARTICLE 10
15-11-720. (a) Emancipation may occur by operation of law or pursuant to a petition filed with the court as provided in this article by a child who is at least 16 years of age. (b) An emancipation occurs by operation of law:
(1) When a child is validly married; (2) When a child reaches the age of 18 years; or (3) During the period when a child is on active duty with the armed forces of the United States. (c) An emancipation occurs by court order pursuant to a petition filed by a child with the juvenile court.

MONDAY, MARCH 25, 2013

3815

15-11-721. A child seeking emancipation shall file a petition for emancipation in the juvenile court in the county where such child resides. The petition shall be signed and verified by the petitioner, and shall include:
(1) The petitioner's full name and birth date and the county and state where the petitioner was born; (2) A certified copy of the petitioner's birth certificate; (3) The name and last known address of the petitioner's parent, guardian, or legal custodian and, if no parent, guardian, or legal custodian can be found, the name and address of the petitioner's nearest living relative residing within this state; (4) The petitioner's present address and length of residency at that address; (5) A declaration by the petitioner demonstrating the ability to manage his or her financial affairs together with any information necessary to support the declaration; (6) A declaration by the petitioner demonstrating the ability to manage his or her personal and social affairs together with any information necessary to support the declaration; and (7) The names of individuals who have personal knowledge of the petitioner's circumstances and believe that under those circumstances emancipation is in the best interests of the petitioner. Such individuals may include any of the following:
(A) A licensed physician, physician assistant, or osteopath; (B) A registered professional nurse or licensed practical nurse; (C) A licensed psychologist; (D) A licensed professional counselor, social worker, or marriage and family therapist; (E) A school guidance counselor, school social worker, or school psychologist; (F) A school administrator, school principal, or school teacher; (G) A member of the clergy; (H) A law enforcement officer; or (I) An attorney.
15-11-722. (a) Upon filing the petition, a copy of the petition for emancipation and a summons to appear at the hearing shall be served on all persons named in the petition and upon any individual who provided an affidavit for the emancipation. (b) A person served with a petition may file an answer in the juvenile court in which the petition was filed within 30 days of being served.
15-11-723. (a) After a petition for emancipation is filed, the court may:
(1) Appoint a guardian ad litem to investigate the allegations of the petition and to file a report with the court, including a recommendation as to whether it is in the best interests of the petitioner that the petition for emancipation be granted; (2) Appoint an attorney for the petitioner; and

3816

JOURNAL OF THE HOUSE

(3) Appoint an attorney for the petitioner's parent, guardian, or legal custodian if he or she is an indigent person and if he or she opposes the petition. (b) After a petition for emancipation is filed, the court shall seek an affidavit from each person identified in the petition pursuant to paragraph (7) of Code Section 15-11-721 that describes why that person believes the petitioner should be emancipated.
15-11-724. A child who petitions the court for emancipation shall have the burden of showing that emancipation should be ordered by a preponderance of evidence.
15-11-725. (a) The court shall issue an emancipation order if, after a hearing, it determines that emancipation is in the best interests of the child and such child has established:
(1) That his or her parent, guardian, or legal custodian does not object to the petition; or, if a parent, guardian, or legal custodian objects to the petition, that the best interests of the child are served by allowing the emancipation to occur by court order; (2) That he or she is a resident of this state; (3) That he or she has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. 'Other means of support' shall not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families as provided in Article 9 of Chapter 4 of Title 49 or similar programs under Title IV-A of the federal Social Security Act; (4) That he or she has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and (5) That he or she understands his or her rights and responsibilities under this article as an emancipated child. (b) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated child becomes 25 years of age. (c) An emancipation obtained by fraud is voidable. Voiding an emancipation order shall not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect. (d) A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of an emancipation petition.
15-11-726. (a) A child emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order. (b) A copy of the petition for rescission and a summons shall be served on the petitioner's parent, guardian, or legal custodian. (c) The court shall grant the petition and rescind the order of emancipation if it finds:
(1) That the petitioner is an indigent person and has no means of support;

MONDAY, MARCH 25, 2013

3817

(2) That the petitioner and the petitioner's parent, guardian, or legal custodian agree that the order should be rescinded; or (3) That there is a resumption of family relations inconsistent with the existing emancipation order. (d) If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the petitioner becomes 25 years of age. (e) Rescission of an emancipation order shall not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect. (f) A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals.
15-11-727. (a) A child emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to a child because of his or her age. The rights of a child to receive any transfer of property or money pursuant to 'The Georgia Transfers to Minors Act' under Article 5 of Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform Gift to Minors Act, or other substantially similar act of another state; or pursuant to a trust agreement shall not be affected by a declaration of an emancipation under this article. (b) A child shall be considered emancipated for the purposes of, but not limited to:
(1) The right to enter into enforceable contracts, including apartment leases; (2) The right to sue or be sued in his or her own name; (3) The right to retain his or her own earnings; (4) The right to establish a separate domicile; (5) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including but not limited to property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem; (6) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of 18 regardless of their legal status; (7) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability; (8) The right to apply for a driver's license or other state licenses for which he or she might be eligible; (9) The right to register for school; (10) The right to apply for medical assistance programs and for other welfare assistance, if needed;

3818

JOURNAL OF THE HOUSE

(11) The right, if a parent, to make decisions and give authority in caring for his or her own minor child; and (12) The right to make a will. (c) A parent, guardian, or legal custodian of a child emancipated by court order shall not be liable for any debts incurred by his or her child during the period of emancipation.
15-11-728. (a) The duty to provide support for a child shall continue until an emancipation order is granted. (b) A child emancipated under this article shall not be considered a dependent child. (c) The provisions set forth in Code Section 19-3-2 regarding age limitations to contract for marriage shall apply to a child who has become emancipated under this article.
ARTICLE 11
15-11-740. (a) This article shall be known and may be cited as the 'Georgia Child Advocate for the Protection of Children Act.' (b) In keeping with this article's purpose of assisting, protecting, and restoring the security of children whose well-being is threatened, it is the intent of the General Assembly that the mission of protection of the children of this state should have the greatest legislative and executive priority. Recognizing that the needs of children must be attended to in a timely manner and that more aggressive action should be taken to protect children from abuse and neglect, the General Assembly creates the Office of the Child Advocate for the Protection of Children to provide independent oversight of persons, organizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection of Children will provide children with an avenue through which to seek relief when their rights are violated by state officials and agents entrusted with their protection and care.
15-11-741. As used in this article, the term:
(1) 'Advocate' or 'child advocate' means the Child Advocate for the Protection of Children established under Code Section 15-11-742. (2) 'Agency' shall have the same meaning and application as provided for in paragraph (1) of subsection (a) of Code Section 50-14-1. (3) 'Child' or 'children' means an individual receiving protective services from DFCS, for whom DFCS has an open case file, or who has been, or whose siblings, parents, or

MONDAY, MARCH 25, 2013

3819

other caretakers have been, the subject of a report to DFCS within the previous five years.
15-11-742. (a) There is created the Office of the Child Advocate for the Protection of Children. The Governor, by executive order, shall create a nominating committee which shall consider nominees for the position of the advocate and shall make a recommendation to the Governor. Such person shall have knowledge of the child welfare system, the juvenile justice system, and the legal system and shall be qualified by training and experience to perform the duties of the office as set forth in this article. (b) The advocate shall be appointed by the Governor from a list of at least three names submitted by the nominating committee for a term of three years and until his or her successor is appointed and qualified and may be reappointed. The salary of the advocate shall not be less than $60,000.00 per year, shall be fixed by the Governor, and shall come from funds appropriated for the purposes of the advocate. (c) The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. (d) The advocate may appoint such staff as may be deemed necessary to effectively fulfill the purposes of this article, within the limitations of the funds available for the purposes of the advocate. The duties of the staff may include the duties and powers of the advocate if performed under the direction of the advocate. The advocate and his or her staff shall receive such reimbursement for travel and other expenses as is normally allowed to state employees from funds appropriated for the purposes of the advocate. (e) The advocate shall have the authority to contract with experts in fields including but not limited to medicine, psychology, education, child development, juvenile justice, mental health, and child welfare as needed to support the work of the advocate, utilizing funds appropriated for the purposes of the advocate. (f) Notwithstanding any other provision of state law, the advocate shall act independently of any state official, department, or agency in the performance of his or her duties. (g) The advocate or his or her designee shall be a member of the Georgia Child Fatality Review Panel.
15-11-743. The advocate shall perform the following duties:
(1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children; (2) Refer complaints involving abused children to appropriate regulatory and law enforcement agencies;

3820

JOURNAL OF THE HOUSE

(3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties; (4) Report the death of any child to the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and to provide such subcommittee access to any records of the advocate relating to such child; (5) Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy; (6) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article, including without limitation providing DFCS with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by DFCS, in DFCS offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting that office; and (7) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia.
15-11-744. (a) The advocate shall have the following rights and powers:
(1) To communicate privately, by mail or orally, with any child and with each child's parent, guardian, or legal custodian; (2) To have access to all records and files of DFCS concerning or relating to a child, and to have access, including the right to inspect, copy, and subpoena records held by clerks of the various courts, law enforcement agencies, service providers, including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatment within this state. To the extent any such information provides the names and addresses of individuals who are the subject of any confidential proceeding or statutory confidentiality provisions, such names and addresses or related information that has the effect of identifying such individuals shall not be released to the public without the consent of such individuals. The Office of the Child Advocate for the Protection of Children shall be bound by all confidentiality safeguards provided in Code Sections 49-5-40 and 49-5-44. Anyone wishing to

MONDAY, MARCH 25, 2013

3821

obtain records held by the Office of the Child Advocate shall petition the original agency of record where such records exist; (3) To enter and inspect any and all institutions, facilities, and residences, public and private, where a child has been placed by a court or DFCS and is currently residing. Upon entering such a place, the advocate shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any children. After notifying the administrator or the person in charge of the facility, the advocate may communicate privately and confidentially with children in the facility, individually or in groups, or the advocate may inspect the physical plant. To the extent possible, entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of services to children; (4) To apply to the Governor to bring legal action in the nature of a writ of mandamus or application for injunction pursuant to Code Section 45-15-18 to require an agency to take or refrain from taking any action required or prohibited by law involving the protection of children; (5) To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies, independent authorities, private firms, individuals, and foundations for the purpose of carrying out the lawful responsibilities of the Office of the Child Advocate for the Protection of Children; (6) When less formal means of resolution do not achieve appropriate results, to pursue remedies provided by this article on behalf of children for the purpose of effectively carrying out the provisions of this article; and (7) To engage in programs of public education and legislative advocacy concerning the needs of children requiring the intervention, protection, and supervision of courts and state and county agencies. (b)(1) Upon issuance by the advocate of a subpoena in accordance with this article for law enforcement investigative records concerning an ongoing investigation, the subpoenaed party may move a court with appropriate jurisdiction to quash such subpoena. (2) The court shall order a hearing on the motion to quash within five days of the filing of the motion to quash, and the hearing may be continued for good cause shown by any party or by the court on its own motion. Subject to any right to an open hearing in contempt proceedings, such hearing shall be closed to the extent necessary to prevent disclosure of the identity of a confidential source; disclosure of confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons; or disclosure of the existence of confidential surveillance, investigation, or grand jury materials or testimony in an ongoing criminal investigation or prosecution. Records, motions, and orders relating to a motion to quash shall be kept sealed by the court to the extent and for the time necessary to prevent public disclosure of such matters, materials, evidence, or testimony. (c) The court shall, at or before the time specified in the subpoena for compliance therewith, enter an order:

3822

JOURNAL OF THE HOUSE

(1) Enforcing the subpoena as issued; (2) Quashing or modifying the subpoena if it is unreasonable and oppressive; or (3) Conditioning enforcement of the subpoena on the advocate maintaining confidential any evidence, testimony, or other information obtained from law enforcement or prosecution sources pursuant to the subpoena until the time the criminal investigation and prosecution are concluded. Unless otherwise ordered by the court, an investigation or prosecution shall be deemed to be concluded when the information becomes subject to public inspection pursuant to Code Section 50-18-72. The court shall include in its order written findings of fact and conclusions of law.
15-11-745. (a) No person shall discriminate or retaliate in any manner against any child, parent, guardian, or legal custodian of a child, employee of a facility, agency, institution or other type of provider, or any other person because of the making of a complaint or providing of information in good faith to the advocate or willfully interfere with the advocate in the performance of his or her official duties. (b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
15-11-746. The advocate shall be authorized to request an investigation by the Georgia Bureau of Investigation of any complaint of criminal misconduct involving a child.
15-11-747. (a) There is established a Child Advocate Advisory Committee. The advisory committee shall consist of:
(1) One representative of a not for profit children's agency appointed by the Governor; (2) One representative of a for profit children's agency appointed by the Lieutenant Governor; (3) One pediatrician appointed by the Speaker of the House of Representatives; (4) One social worker with experience and knowledge of child protective services who is not employed by the state appointed by the Governor; (5) One psychologist appointed by the Lieutenant Governor; (6) One attorney from the Children and the Courts Committee of the State Bar of Georgia appointed by the Speaker of the House of Representatives; and (7) One juvenile court judge appointed by the Chief Justice of the Supreme Court. Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the same manner as the original appointment. (b) The advisory committee shall meet a minimum of three times a year with the advocate and his or her staff to review and assess the following: (1) Patterns of treatment and service for children;

MONDAY, MARCH 25, 2013

3823

(2) Policy implications; and (3) Necessary systemic improvements. The advisory committee shall also provide for an annual evaluation of the effectiveness of the Office of the Child Advocate for the Protection of Children."
PART II PLACEMENT OF JUVENILE OFFENDERS
SECTION 2-1.
Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally and the placement of juvenile offenders, is amended by revising subsection (b), as follows:
"(b) The department may establish separate correctional or similar institutions for the separation and care of juvenile offenders. The commissioner may transfer any juvenile under 17 years of age from the penal institution in which he or she is serving to the Department of Juvenile Justice, provided that the transfer is approved thereby. The juvenile may be returned to the custody of the commissioner when the commissioner of juvenile justice determines that the juvenile is unsuited to be dealt with therein. The commissioner may accept a juvenile for transfer into a penal institution upon the request of the commissioner of juvenile justice if such juvenile is 16 years of age or older and has been committed to the Department of Juvenile Justice for a class A designated felony act or class B designated felony act, as defined by Code Section 1511-2, and such juvenile's behavior presents a substantial danger to any person at or within a Department of Juvenile Justice facility. In the event of such transfer, the department shall have the same authority over and responsibility for such juvenile as the Department of Juvenile Justice has for such juvenile and shall maintain sight and sound separation as set forth in paragraph (5) of subsection (c) of Code Section 15-11504."
PART III DEPARTMENT OF JUVENILE JUSTICE AND
CHILDREN AND YOUTH SERVICES SECTION 3-1.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-4A-1, relating to definitions, as follows:
"49-4A-1. As used in this chapter, the term:
(1) 'Board' means the Board of Juvenile Justice. (2) 'Child in need of services' means any child so adjudged under Article 5 of Chapter 11 of Title 15. (2)(3) 'Commissioner' means the commissioner of juvenile justice.

3824

JOURNAL OF THE HOUSE

(3)(4) 'Delinquent or unruly child or youth' means any person child so adjudged under Article 1 6 of Chapter 11 of Title 15. (4)(5) 'Department' means the Department of Juvenile Justice. (6) 'Detention assessment' means an actuarial tool, approved by the board and validated on a targeted population, used to make detention decisions and that identifies and calculates specific factors that are likely to indicate a child's risk to public safety pending adjudication and the likelihood that such child will appear for juvenile proceedings for the act causing the detention decision to be made. (7) 'Evidence based programs or practices' means programs, practices, procedures, and policies that scientific research demonstrates a likelihood to prevent or reduce juvenile delinquency or recidivism. (8) 'Juvenile detention facility' means hardware secure residential institutions or community residential locations operated by or on behalf of the department and may include youth development centers, regional youth detention centers, group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting. (9) 'Recidivism' means a conviction or adjudication of delinquency for an offense or crime committed within three years of being placed on probation or being discharged or released from a juvenile detention facility. (10) 'Risk and needs assessment' means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child's likelihood of recidivating and identifies criminal risk factors that, when properly addressed, can reduce such child's likelihood of recidivating. (11) 'Risk assessment' means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child's likelihood of recidivating."
SECTION 3-2. Said chapter is further amended by revising subsection (b) of Code Section 49-4A-2, relating to the creation of the Board of Juvenile Justice, as follows:
"(b) The board shall: (1) Provide provide leadership in developing programs to successfully rehabilitate juvenile delinquents and unruly children delinquent children committed to the state's custody and to provide; (2) Provide technical assistance to private and public entities for prevention programs for children at risk; (3) Ensure that detention assessment, risk assessment, and risk and needs assessment instruments that are utilized by intake personnel and courts are developed in consultation with the Governor's Office for Children and Families and the Council of Juvenile Court Judges and ensure that such instruments are validated at least every five years; (4) Adopt rules and regulations governing the management and treatment of children committed to the department to ensure that evidence based programs or practices,

MONDAY, MARCH 25, 2013

3825

including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to placing a committed child in a facility or into the community, preparing a child's release into the community, and managing children probationers in the community; and (5) Require the department to collect and analyze data and performance outcomes, including, but not limited to, data collected and maintained pursuant to subsection (n) of Code Section 49-4A-8 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 Judiciary Non-civil and the Senate State Judiciary Committee."
SECTION 3-3. Said chapter is further amended by revising Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice, as follows:
"49-4A-3. (a) There is created the Department of Juvenile Justice and the position of commissioner of juvenile justice. The Department of Juvenile Justice shall be the successor entity to the Department of Children and Youth Services and the change is intended to be one of name only; and the commissioner of juvenile justice shall be the successor to the commissioner of children and youth services and the change is intended to be one of name only. The commissioner shall be the chief administrative officer of the Department of Juvenile Justice department and shall be both appointed and removed by the board, subject to the approval of the Governor. The commissioner of human services may shall not also serve as the commissioner of juvenile justice. Subject to the general policy and rules and regulations of the board, the commissioner of juvenile justice shall supervise, direct, account for, organize, plan, administer, and execute the functions of the Department of Juvenile Justice department. (b) The department shall provide for supervision, detention, and rehabilitation of juvenile delinquents delinquent children committed to the state's custody. The department shall also be authorized to operate prevention programs and to provide assistance to local public and private entities with prevention programs for juveniles children at risk. In lieu of commitment Additionally, the department will shall be authorized to provide for specialized treatment for juvenile offenders, in lieu of commitment, who have been found to be sex offenders or drug abusers children adjudicated for delinquent acts involving sexual offenses or controlled substances and who may have behavior disorders. The department's organization, operation, and implementation shall be based on the following:
(1) Development of a comprehensive continuum of service options using evidence based programs or practices through flexible funding to allow providers to respond to the unique needs and capabilities of individual children and families; (2) Services implemented so that each child and family served can have a personal relationship with staff, providers, and workers, which staff, providers, and workers

3826

JOURNAL OF THE HOUSE

shall be trained and treated as professionals, have a range of multidisciplinary skills, and have manageable caseloads; (3) Services shall be based on evidence based programs or practices and be community centered and responsive to local needs with state and local and public and private entities forming cooperative partnerships that enhance informal support systems for families; (4) Systems that are accountable, with desired outcomes specified, results measured and evaluated, and cost-efficient options maximized; (5) Intersystem communication and collaboration that are encouraged and facilitated through coordination of systems so that gaps and unnecessary duplications in planning, funding, and providing services are eliminated; (6) Being consumer The department shall be consumer driven and responsive to the changing needs of individual communities; and (7) Encouraging The department shall encourage the central location of various services whenever possible."
SECTION 3-4. Said chapter is further amended by revising Code Section 49-4A-4, relating to purpose of chapter, as follows:
"49-4A-4. It is the purpose of this chapter to establish the department as the agency to administer, supervise, and manage juvenile detention facilities. Except for the purposes of administration, supervision, and management as provided in this chapter, juvenile detention facilities shall continue to be detention care facilities for delinquent and unruly children and youth for the purposes of Article 1 of Chapter 11 of Title 15, relating to juvenile courts and juvenile proceedings."
SECTION 3-5. Said chapter is further amended by revising subsection (a) of Code Section 49-4A-5, relating to transfer of functions and employees of the Division of Youth Services and personnel administration, as follows:
"(a) The department shall carry out all functions and exercise all powers relating to the administration, supervision, and management of juvenile detention facilities, including youth development centers, and jurisdiction over said youth development centers and other such juvenile detention facilities is vested in the department."
SECTION 3-6. Said chapter is further amended by revising Code Section 49-4A-6, relating to rules and regulations, as follows:
"49-4A-6. (a) The board shall adopt rules and regulations for the government, operation, administration, and maintenance of youth development centers and other juvenile detention facilities by the department and may also adopt such other rules and

MONDAY, MARCH 25, 2013

3827

regulations for the government and operation of the department as the board may deem necessary consistent with the provisions of this chapter. (b) Rules and regulations adopted by the board under subsection (a) of this Code section shall recognize that a primary purpose of youth development centers and other juvenile detention facilities is to carry out rehabilitative programs using evidence based programs or practices to the end that children and youth housed in said centers shall such facilities develop their self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are qualified for honorable employment."
SECTION 3-7 Said chapter is further amended by revising Code Section 49-4A-7, relating to powers and duties of the department, as follows:
"49-4A-7. (a) The department shall be authorized to:
(1) Accept for detention in a youth development center or other juvenile detention facility any child who is committed to the department under Article 1 6 of Chapter 11 of Title 15; (2) Provide probation and parole and other court services for children and youth pursuant to a request from a court under Article 1 6 of Chapter 11 of Title 15; (3) Provide casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state or from their home communities in this state to another state or from their home communities in another state to this state; pay the costs of returning such runaway children and youths to their home communities; and provide such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39; (4) Enter into contracts and cooperative agreements with federal, state, county, and municipal governments and their agencies and departments; enter into contracts with public and private institutions and agencies of this and other states; enter into leases with private vendors selected to operate programs on behalf of the department which leases shall run concurrently with the department's service contracts; provided, however, that any such lease shall provide that if the property which is the subject of the lease is sold and conveyed during the term of the lease, such lease shall expire by operation of law 90 days after the closing of such sale and conveyance; and enter into contracts with individuals, as may be necessary or desirable in effectuating the purposes of this chapter; and (5) Solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes. (b) When given legal custody over a child or youth for detention in a youth development center or other juvenile detention facility under court order under Article 1 6 of Chapter 11 of Title 15, the department shall have: (1) The right of physical possession of the such child or youth;

3828

JOURNAL OF THE HOUSE

(2) The right and duty to protect, train, and discipline the such child or youth; (3) The responsibility to provide the such child or youth with food, clothing, shelter, and education; (4) The right to determine in which facility the such child or youth shall live and to transfer such child as provided in subsection (b) of Code Section 42-5-52; and (5) The right and duty to provide or obtain for a such child or youth medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians. (c) The board may authorize the commissioner to enter into contracts and agreements provided for in this Code section subject to the approval of the board or may, through appropriate action of the board, delegate such authority to the commissioner; provided, however, that any contract or agreement that provides services to delinquent children shall be a performance based contract that includes financial incentives or consequences based on the results achieved by the contractor as measured by output, quality, or outcome measures."
SECTION 3-8. Said chapter is further amended by revising Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows:
"49-4A-8. (a) When any child or youth is adjudged to be in a state of delinquency or unruliness under Article 1 of Chapter 11 of Title 15 and the court does not release such a delinquent child or youth unconditionally or place him or her on probation or in a suitable public or private institution or agency, the court may commit him such child to the department as provided in said Article 1 6 of Chapter 11 of Title 15; provided, however, that no delinquent or unruly child or youth shall be committed to the department until the department certifies to the Governor that it has facilities available and personnel ready to assume responsibility for delinquent or unruly children and youths. (b) When the court commits a delinquent or unruly child to the department, it may order the such child conveyed forthwith to any facility designated by the department or direct that the such child be left at liberty until otherwise ordered by the department under such conditions as will ensure his or her availability and submission to any orders of the department. If such delinquent or unruly child is ordered conveyed to the department, the court shall assign an officer or other suitable person to convey such child to any facility designated by the department, provided that the person assigned to convey a girl must be a female. The cost of conveying such child committed to the department to the facility designated by the department shall be paid by the county from which such child is committed, provided that no compensation shall be allowed beyond the actual and necessary expenses of the party conveying and the child conveyed. (c) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department electronically submit a certified copy of the

MONDAY, MARCH 25, 2013

3829

order of commitment to the department, and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect pertaining to the case, including, but not limited to, any predisposition investigation report as set forth in Code Section 15-11-590 and any risk assessment. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department.
(d)(1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and study the such child and investigate all pertinent circumstances of his or her life and behavior. The department shall make periodic reexaminations of all delinquent or unruly such children within its control, except those on release under supervision of the department. Such reexaminations may be made as frequently as the department considers desirable, and shall be made with respect to every such child shall be reexamined at intervals not exceeding one year. Failure of the department to examine a delinquent or unruly child such a child committed to it or to reexamine him or her within one year of a previous examination shall not of itself entitle the such child to discharge from control of the department but shall entitle the such child to petition the committing court for an order of discharge; and the court shall discharge him or her unless the department, upon due notice, satisfies the court of the necessity of further control. (2) The department shall keep written records of all examinations and reexaminations, of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the department with respect pertaining to a delinquent or unruly child committed to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to regarding disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles. (e) Except as provided by subsection (e.1) of this Code section and subsection (b) (c) or (d) of Code Section 15-11-70 15-11-602, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the such child's care and treatment has been completed, the department may: (1) Permit the such child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the such child's confinement under such conditions as the department may believe best designed to serve the such child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desirable;

3830

JOURNAL OF THE HOUSE

(4) Revoke or modify any order of the department affecting the such child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge the such child from control of the department pursuant to Code Section 15-11-32 and subsection (a) (c) of Code Section 15-11-70 15-11-607 when it is satisfied that such discharge will best serve the such child's welfare and the protection of the public. (e.1)(1) When a child who has been adjudicated delinquent for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-63 15-11-2 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the such child's delinquent acts that the such child is being released from confinement or custody. (2) As long as a good faith attempt to comply with paragraph (1) of this subsection has been made, the The department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection. (3) When a child convicted of a felony offense in a superior court is released from confinement or custody of the department, the department shall provide written notice, including the delinquent act or class A designated felony act or class B designated felony act committed, to the superintendent of the school system in which such child was enrolled or, if the information is known, the school in which such child was enrolled or plans to be enrolled. (4) As long as a good faith attempt to comply with paragraph (3) of this subsection has been made, the The department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide notice required by paragraph (3) of this subsection. (f) As a means of correcting the socially harmful tendencies of a delinquent or unruly child committed to it, the department may: (1) Require participation by youth such child in moral, academic, vocational, physical, and correctional training and activities, and provide youth such child the opportunity for religious activities where practicable in the institutions under the control and supervision of the department; (2) Require such modes of life and conduct as may seem best adapted to fit and equip him or her for return to full liberty without danger to the public; (3) Provide such medical, psychiatric, or casework treatment as is necessary; or (4) Place him or her, if physically fit, in a park, maintenance camp, or forestry camp or on a ranch owned by the state or by the United States and require any child so housed to perform suitable conservation and maintenance work, provided that the children shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabilitate the children rather than to make the camps selfsustaining. (g) When funds are available, the department may:

MONDAY, MARCH 25, 2013

3831

(1) Establish and operate places for detention and diagnosis of all delinquent or unruly children committed to it; (2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits and different mental and physical conditions, according to their needs; and (3) Establish parole or aftercare supervision to aid children given conditional release to find homes and employment and otherwise to assist them to become reestablished in the community and to lead socially acceptable lives. (h) Whenever the department finds that any delinquent or unruly child committed to the department is mentally ill or mentally retarded has a developmental disability, as defined in Code Section 15-11-2, the department shall have the power to return such delinquent or unruly child to the court of original jurisdiction for appropriate disposition by that court or may, if it so desires, request the court having jurisdiction in the county in which the youth development center or other juvenile detention facility is located to take such action as the condition of the child may require. (i)(1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center juvenile detention facility or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the such written request mentioned above must shall be reviewed by the commissioner or his or her designee. If the commissioner or his or her designee finds that probable cause exists to believe that the such child has violated his or her conditions of supervision, he or she may issue an order directing that the such child be picked up and returned to custody. (2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children or children in need of services in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children or children in need of services retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such

3832

JOURNAL OF THE HOUSE

employee. The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or a juvenile detention facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers such facilities or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126 and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children or children in need of services detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must shall be certified under that chapter. (3) For the purposes of investigation of delinquent or unruly children who have escaped from institutions or juvenile detention facilities of the department or of delinquent or unruly children who are alleged to have broken the conditions of supervision, the department is empowered and authorized to request and receive from the Georgia Crime Information Center, established by Chapter 3 of Title 35, any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children. (4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision, or a child may be taken into custody pursuant to Code Section 15-11-45 15-11-501. When taking a child into custody pursuant to this paragraph, a designated employee of the department shall have the power to use all force reasonably necessary to take the such child into custody. (5) The child shall be kept in custody in a suitable place designated by the department and there detained until such child may be returned to the custody of the department. (6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to this subsection shall have the same

MONDAY, MARCH 25, 2013

3833

immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant. (j) The department shall ensure that each delinquent or unruly child it releases under supervision or otherwise has suitable clothing, transportation to his or her home or to the county in which a suitable home or employment has been found for him or her, and such an amount of money as the rules and regulations of the board may authorize. The expenditure for clothing and for transportation and the payment of money to a delinquent or unruly such child released may be made from funds for support and maintenance appropriated by the General Assembly to the department or to the institution from which such child is released or from local funds. (k) Every child committed to the department as delinquent or unruly, if not already discharged, shall be discharged from custody of the department when he or she reaches his or her twenty-first birthday. (l) Commitment of a delinquent or unruly child to the custody of the department shall not operate to disqualify such child in any future examination, appointment, or application for public service under the government either of the state or of any political subdivision thereof. (m) A commitment to the department shall not be received in evidence or used in any way in any proceedings in any court, except in subsequent proceedings for delinquency or unruliness being in need of services involving the same child and except in imposing sentence in any criminal proceeding against the same person. (n)(1) The department shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the department shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the department and shall tabulate, analyze, and publish in print or electronically annually these data so that they may be used to evaluate the relative merits of methods of treatment. The department shall cooperate and coordinate with courts, juvenile court clerks, the Governor's Office for Children and Families, and public and private agencies in the collection of statistics and information regarding juvenile delinquency; arrests made; complaints, informations, and petitions filed; the disposition made thereof; and other information useful in determining the amount and causes of juvenile delinquency in this state:
(A) Juvenile delinquency; (B) Arrests made; (C) Detentions made, the offense for which such detention was authorized, and the reason for each detention; (D) Complaints filed; (E) Informations filed; (F) Petitions filed; (G) The results of complaints, informations, and petitions, including whether such filings were dismissed, diverted, or adjudicated;

3834

JOURNAL OF THE HOUSE

(H) Commitments to the department, the length of such commitment, and releases from the department; (I) The department's placement decisions for commitments; (J) Placement decisions to institutions, camps, or other facilities for delinquent children operated under the direction of courts or other local public authorities; (K) Community programs utilized and completion data for such programs; (L) Recidivism; (M) Data collected by juvenile court clerks pursuant to Code Section 15-11-64; and (N) Other information useful in determining the amount and causes of juvenile delinquency in this state. (2) In order to facilitate the collection of such the information required by paragraph (1) of this subsection, the department shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to juveniles and collect data from juvenile court clerks. (o) When a child who is committed to the department is under court order to make certain restitution as a part of his or her treatment by the court, the requirement that the restitution be paid in full shall not cease with the order of commitment. The provision of the order requiring restitution shall remain in force and effect during the period of commitment, and the department is empowered to enforce said such restitution requirement and to direct that payment of funds or notification of service completed be made to the clerk of the juvenile court or another employee of that court designated by the judge."
SECTION 3-9. Said chapter is further amended by revising subsections (b) and (e) of Code Section 494A-9, relating to sentence of youthful offenders, as follows:
"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing or paroling any child adjudicated for committing a delinquent act for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-63 15-11-2 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's

MONDAY, MARCH 25, 2013

3835

delinquent acts that the child is being released or paroled. So As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection." "(e) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center juvenile detention facility programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities, and under the general supervision of youth development center juvenile detention facility staff at special planned activities outside of the youth development center juvenile detention facility. When such a child sentenced in the superior court is approaching his or her seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs described in this subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his or her sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law."
SECTION 3-10. Said chapter is further amended by revising Code Section 49-4A-10, relating to escape from a youth detention center, petition, and commitment, as follows:
"49-4A-10. Whenever any child shall escape from any youth detention center juvenile detention facility, the department shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a youth detention center juvenile detention facility under the jurisdiction of the department or to another institution under the Department of Corrections."
SECTION 3-11. Said chapter is further amended by revising Code Section 49-4A-11, relating to aiding or encouraging a child to escape and hindering apprehension of a child, as follows:
"49-4A-11. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody 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. (b) Any person who shall knowingly harbor or shelter any child or youth who has escaped the lawful custody or control of the department 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.

3836

JOURNAL OF THE HOUSE

(c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof 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."
SECTION 3-12. Said chapter is further amended by revising subsection (c) of Code Section 49-4A-16, relating to unlawful crossing or passage of certain items across guard lines and penalty, as follows:
"(c) The provisions of this Code section shall not apply when the commissioner or director of the juvenile detention center or youth development center facility has provided authorization for the introduction of the items listed in subsection (b) of this Code section into such center facility."
SECTION 3-13. Said chapter is further amended by revising Code Section 49-4A-17, relating to introduction of certain items into a juvenile detention center or youth development center prohibited and commerce with incarcerated youth, as follows:
"49-4A-17. (a)(1) Without the knowledge and consent of the commissioner or the director in charge of any juvenile detention center or youth development center facility, it shall be unlawful for any person to take into or cause to be introduced into such center facility any item which such person has been directed not to take into such center: (A) Verbally by a staff member of such center facility; (B) In writing by a staff member of such center facility; or (C) As directed by the rules, regulations, or policies of such center facility. (2) Any item taken into a center facility in violation of this subsection shall be deemed contraband and shall be subject to being confiscated and retained as property of the department. (3) 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 four years.
(b) It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to a youth child assigned to a juvenile detention center or youth development center facility without the knowledge and consent of the commissioner or the director in charge of such center facility. 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 four years."

MONDAY, MARCH 25, 2013

3837

PART IV CROSS REFERENCES
SECTION 4-1.
Code Section 1-2-8 of the Official Code of Georgia Annotated, relating to rights of minors, is revised as follows:
"1-2-8. The law prescribes certain ages at which persons shall be considered of sufficient maturity to discharge certain civil functions, to make contracts, and to dispose of property. Prior to those ages they are minors and are, on account of that disability, unable to exercise these rights as citizens unless such minor becomes emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15."
SECTION 4-2. Code Section 5-7-1 of the Official Code of Georgia Annotated, relating to orders, decisions, or judgments appealable by the state, is amended by revising paragraph (6) of subsection (a) as follows:
"(6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 1511-560;"
SECTION 4-3. Code Section 13-3-20 of the Official Code of Georgia Annotated, relating to minors and contracts for property or valuable consideration and contracts for necessities, is revised as follows:
"13-3-20. (a) Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age of 18, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, the minor shall have thereby ratified or affirmed the contract and it shall be binding on him or her. Such contractual transaction shall also be binding upon any minor who becomes emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15. (b) The contract of a minor for necessaries shall be binding on the minor as if the minor were 18 years of age except that the party furnishing them to the minor shall prove that the parent or guardian of such minor had failed or refused to supply sufficient necessaries for the minor, that the minor was emancipated by operation of law, or the minor was emancipated pursuant to Article 6 10 of Chapter 11 of Title 15."
SECTION 4-4. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows:

3838

JOURNAL OF THE HOUSE

"15-18-6.1. (a) The district attorney shall be responsible for representing the state in any appeal from the juvenile court. Except as provided in subsection (c) of this Code section, the district attorney shall be responsible for representing the state in the prosecution of delinquency cases in the juvenile court. The district attorney may designate assistant district attorneys, investigators, victim and witness assistance personnel, and other employees to assist in juvenile court. (b) In counties with a solicitor-general for the state court, the solicitor-general may, with the approval of the district attorney, represent the state in prosecution of juvenile traffic offenses and in any delinquency case arising out of the operation of a motor vehicle or a watercraft. (c) If as a result of workload, lack of staff, or other cause the district attorney determines that his or her office cannot provide representation for the state in a juvenile court of a county, other than for an appeal, the district attorney shall notify in writing the chief judge of superior court, the judge or judges of the juvenile court, and the chairperson of the county governing authority of such county of such determination. A copy of such notice shall be provided to the Prosecuting Attorneys' Council of the State of Georgia. If the district attorney determines that his or her office may resume representation in juvenile court, he or she shall notify the chief judge of the superior court, the judge or judges of the juvenile court, and the chairperson of the county governing authority in writing. (d) Upon receipt of the notice set forth in subsection (c) of this Code section, the governing authority of such county may appoint one or more attorneys to represent the state in prosecuting delinquency cases in juvenile court. Such attorney shall be compensated in an amount to be fixed by the governing authority of such county. The governing authority shall determine and state in writing whether an attorney shall serve on a full-time or part-time basis. An attorney appointed to serve on a full-time basis shall not engage in the private practice of law. An attorney appointed to serve on a part-time basis may engage in the private practice of law, but shall not represent a child charged with committing a delinquent act in the juvenile court of the county in which he or she serves as part-time prosecutor nor may he or she appear in any matter in which he or she has exercised jurisdiction. (e) An attorney appointed pursuant to subsection (d) of this Code section shall have all of the powers, duties, and authority of the district attorney with regard to delinquency cases and shall be subject to all laws and rules governing the conduct of prosecuting attorneys in this state. If such attorney is disqualified from interest or relationship to engage in prosecution, the provisions of Code Section 15-18-5 shall apply."
SECTION 4-5. Said title is further amended by revising subsection (e) of Code Section 15-23-7, relating to collection of additional legal costs in civil actions for purposes of providing courtconnected or court-referred alternative dispute resolution programs, as follows:

MONDAY, MARCH 25, 2013

3839

"(e) Juvenile court supervision fees collected pursuant to Code Section 15-11-71 1511-37 may be used for mediation services provided by court programs pursuant to this chapter."
SECTION 4-6. Said title is further amended by revising Code Section 15-23-10, relating to the determination of need as prerequisite to establishment of program, as follows:
"15-23-10. No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chapter shall be available to any court, including the juvenile court, which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices. Pursuant to the standards set forth in the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices, the funding mechanism set forth in this chapter shall be available to court programs in which cases are screened by the judge or by the program director under the supervision of the judge on a case-by-case basis to determine whether:
(1) The case is appropriate for the process; (2) The parties are able to compensate the neutral if compensation is required; and (3) A need for emergency relief makes referral inappropriate until the request for relief is heard by the court."
SECTION 4-7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraphs (1) and (3) of subsection (a) of Code Section 16-5-45, relating to interference with custody, as follows:
"(1) 'Child' means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived dependent child or an unruly child a child in need of services as such terms are defined in Code Section 1511-2." "(3) 'Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-45 15-11-133, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction."
SECTION 4-8. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 16-10-52, relating to escape, as follows:

3840

JOURNAL OF THE HOUSE

"(3) Having been adjudicated of a delinquent or unruly act or a juvenile traffic offense, or as a child in need of services subject to lawful custody or lawful confinement, intentionally escapes from lawful custody or from any place of lawful confinement;"
SECTION 4-9. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 16-11-101.1, relating to furnishing a pistol or revolver to a person under the age of 18 years, as follows:
"(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent act under the provisions of Article 1 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-13, if such minor were an adult."
SECTION 4-10 Said title is further amended by revising subsection (b) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"(b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. (3) Any person convicted of a violation of this subsection involving a dangerous weapon or machine gun, as such terms are defined in Code Section 16-11-121, shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (4) A child who violates this subsection may be subject to the provisions of Code Section 15-11-63 15-11-601."
SECTION 4-11. Said title is further amended by revising subsection (d) of Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows:

MONDAY, MARCH 25, 2013

3841

"(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent act under the provisions of Article 1 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."
SECTION 4-12. Said title is further amended by revising paragraph (3) of subsection (a) and subsections (b) and (c) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows:
"(3) 'Minor' means any individual who is under the age of 17 years who is alleged to have committed a delinquent act or any individual under the age of 18 years who is alleged to be a deprived child or an unruly child as such terms are defined in Code Section 15-11-2." "(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation dependency of a minor or causing a child to be a child in need of services when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly a child in need of services as such term is defined in Code Section 15-11-2; provided, however, that this paragraph shall not apply to a service provider that notifies the minor's parent, guardian, or legal custodian of the minor's location and general state of well being well-being as soon as possible but not later than 72 hours after the minor's acceptance of services; provided, further, that such notification shall not be required if:
(A) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-75; (B) The minor will not disclose the name of the minor's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; or (C) The minor's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found adjudicated to be a deprived dependent child as such term is defined in Code Section 15-11-2; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses

3842

JOURNAL OF THE HOUSE

force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found adjudged to be unruly or deprived a dependent child or a child in need of services."
SECTION 4-13. Said title is further amended by revising subsections (c), (e), and (g) of Code Section 1612-141.1, relating to disposal of aborted fetuses, as follows:
"(c) Within 90 days after May 10, 2005, the Department of Human Resources (now known as the Department of Public Health for these purposes) shall prepare a reporting form for physicians which shall include:
(1) The number of females whose parent or guardian was provided the notice required in paragraph (1) of subsection (a) of Code Section 15-11-112 15-11-682 by the physician or such physician's agent; of that number, the number of notices provided personally under subparagraphs (a)(1)(A) and (a)(1)(B) of Code Section 1511-112 15-11-682 and the number of notices provided by mail under subparagraph (a)(1)(C) of Code Section 15-11-112 15-11-682; and, of each of those numbers, the number of females who, to the best of the reporting physician's information and belief, went on to obtain the abortion; (2) The number of females upon whom the physician performed an abortion without providing to the parent or guardian of a minor the notice required by subsection (a) of Code Section 15-11-112 15-11-682; and of that number, the number of females for which subsection (b) of Code Section 15-11-112 15-11-682 and Code Section 15-11116 15-11-686 were applicable; (3) The number of abortions performed upon a female by the physician after receiving judicial authorization pursuant to subsection (b) of Code Section 15-11-112 15-11-682 and Code Section 15-11-114 15-11-684; and (4) The same information described in paragraphs (1), (2), and (3) of this subsection with respect to females for whom a guardian or conservator has been appointed." "(e) By February 28 of each year following a calendar year in any part of which this subsection was in effect, each physician who provided, or whose agent provided, the

MONDAY, MARCH 25, 2013

3843

notice described in subsection (a) of Code Section 15-11-112 15-11-682 and any physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Public Health a copy of the form described in subsection (c) of this Code section with the requested data entered accurately and completely." "(g) By June 30 of each year, the Department of Public Health shall issue a public report providing statistics for the previous calendar year compiled from all the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (c) of this Code section. The report shall also include statistics which shall be obtained by the Administrative Office of the Courts giving the total number of petitions or motions filed under subsection (b) of Code Section 15-11-112 15-11-682 and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of such appeals that resulted in the denials being affirmed, and the number of such appeals that resulted in reversals of such denials. Each report shall also provide the statistics for all previous calendar years for which such a public statistical report was required to be issued, adjusted to reflect any additional information from late or corrected reports. The Department of Public Health shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual female or of any female for whom a guardian or conservator has been appointed."
SECTION 4-14. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-4-25.1, relating to the transport of an arrested person to a jurisdiction in which an offense was committed and transport of prisoner outside a county or municipality, as follows:
"17-4-25.1. (a) As provided in subsection (e) of this Code section, a sworn law enforcement officer from a county or municipality in which an offense is alleged to have been committed shall be authorized to transport an arrested person, with the warrant under which such person was arrested, from one jurisdiction to the county or municipality in which the offense is alleged to have been committed for examination before any judicial officer of that county or municipality. (b) Unless otherwise provided by contract, the agency transporting requesting the transportation of the arrested person pursuant to subsection (a) of this Code section shall be responsible for all costs associated with the transport. Such officer may hold or imprison the arrested person in a jurisdiction other than where the offense is alleged to have been committed long enough to enable such officer to prepare to take the arrested person to the jurisdiction in which the offense is alleged to have been committed.

3844

JOURNAL OF THE HOUSE

(c) A sworn law enforcement officer from a county or municipality shall be authorized to transport a prisoner who is lawfully in the custody of such officer to a medical facility, youth development center juvenile detention facility as defined in Code Section 49-4A-1, or court appearance outside such county or municipality or to transport such prisoner to a location outside such county or municipality for any lawfully required or necessary purpose. (d) This Code section shall not be construed to provide any general state-wide police powers or authority for county or municipal law enforcement officers or expand the arrest powers of such officers outside their properly authorized jurisdiction. (e) Sheriffs and, with the approval of its governing authority, municipal or other law enforcement agency heads are authorized to enter into a contract for the purposes of transporting arrested individuals from the jurisdiction of the arrest to an appropriate detention facility where the alleged crime is to have occurred. In the absence of a written contract between the sheriff and municipal or other law enforcement agency head, the sheriff or his or her designee has the right of first refusal, as evidenced in writing, of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred. Any responsibility arising as a result of the transportation of an arrested individual as authorized in this Code section shall be that of the agency whose employee is transporting the arrested individual."
SECTION 4-15. Said title is further amended by revising subsection (a) of Code Section 17-7-50.1, relating to time for presentment of child's case to a grand jury, as follows:
"(a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-28 15-11-560 or 15-11-30.2 15-11561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 180 day period, not to exceed 90 additional days."
SECTION 4-16. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 17-7-130, relating to proceedings upon a plea of mental incompetency to stand trial, as follows:
"(1) 'Child' means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-28 15-11-560."
SECTION 4-17. Said title is further amended by revising subsection (e) of Code Section 17-10-1, relating to fixing of sentence, as follows:
"(e) In any case involving a felony in which the defendant previously appeared before a juvenile court, the records of the dispositions of the defendant as well as any evidence used in any juvenile court hearing shall be available to the district attorney, the

MONDAY, MARCH 25, 2013

3845

defendant, and the superior court judge in determining sentencing as provided in Code Section 15-11-79.1 15-11-703."
SECTION 4-18. Said title is further amended by revising Code Section 17-10-14, relating to committal of person under 17 convicted of a felony, as follows:
"17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsections (b) and (c) subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Juvenile Justice to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections. (b) If a child is transferred to superior court according to subsection (b) of Code Section 15-11-30.2 15-11-561 and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such child to the Department of Corrections. Such child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections. (c) In any case where a child 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-28, such child shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections."
SECTION 4-19. Said title is further amended by revising paragraph (5) of Code Section 17-14-2, relating to definitions regarding restitution, as follows:
"(5) 'Parent' means a person who is the legal mother as defined in paragraph (10.2) of Code Section 15-11-2, the legal father as defined in paragraph (10.1) of Code Section 15-11-2, or the legal guardian. Such term shall not include a foster parent."
SECTION 4-20. Said title is further amended by revising subsection (d) of Code Section 17-15-13, relating to debt to state created, as follows:
"(d) When a child is adjudicated for committing a delinquent act in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the child pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered

3846

JOURNAL OF THE HOUSE

may be made a condition of probation as provided in paragraph (2) of subsection (a) of Code Section 15-11-66 15-11-601."
SECTION 4-21. Said title is further amended by revising subsection (c) of Code Section 17-16-2, relating to applicability of rules of discovery, as follows:
"(c) This article shall be deemed to have been automatically invoked, without the written notice provided for in subsection (a) of this Code section, when a defendant has sought discovery pursuant to Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' pursuant to Code Section 15-11-75 Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to the Uniform Rules for the Juvenile Courts of Georgia where such discovery material is the same as the discovery material that may be provided under this article when a written notice is filed pursuant to subsection (a) of this Code section."
SECTION 4-22. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in subsection (b) of Code Section 19-7-1, relating to in whom parental power lies and how such power is lost, by deleting "or" at the end of paragraph (5), by replacing the period with a semicolon at the end of paragraph (6), and by adding two new paragraphs to read as follows:
"(7) A superior court order terminating parental rights in an adoption proceeding in accordance with Chapter 8 of this title; or (8) A superior court order terminating parental rights of the legal father or the biological father who is not the legal father of the child in a petition for legitimation, a petition to establish paternity, a divorce proceeding, or a custody proceeding pursuant to this chapter or Chapter 6, 8, or 9 of this title, provided that such termination is in the best interest of such child; and provided, further, that this paragraph shall not apply to such termination when a child has been adopted or is conceived by artificial insemination as set forth in Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2 of Chapter 8 of this title."
SECTION 4-23. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 19-7-5, relating to reporting of child abuse, as follows:
"(1) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-111 15-11-681."
SECTION 4-24. Said title is further amended by revising subsection (d) of Code Section 19-7-22, relating to petition for legitimation of a child, as follows:
"(d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28 15-11-11, in the juvenile court of the county in which a deprivation dependency proceeding regarding the child is pending."

MONDAY, MARCH 25, 2013

3847

SECTION 4-25. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 19-8-10, relating to when surrender or termination of parental rights not required, as follows:
"(4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4), or (5) of subsection (b) (a) of Code Section 15-11-94 15-11-310,"
SECTION 4-26. Said title is further amended by revising subparagraph (a)(3)(D) of Code Section 19-8-11, relating to petitioning superior court to terminate parental rights, as follows:
"(D) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4), or (5) of subsection (b) (a) of Code Section 15-11-94 15-11-310,"
SECTION 4-27. Said title is further amended by revising subsection (g) of Code Section 19-8-13, relating to petition for adoption, as follows:
"(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where when the adoption is sought under subsection (a) of Code Section 198-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11103 15-11-321, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits."
SECTION 4-28. Said title is further amended by revising Code Section 19-10A-4, relating to no criminal prosecution for leaving a child in the custody of a medical facility, as follows:
"19-10A-4. A mother shall not be prosecuted for the crimes of cruelty to a child, violating Code Section 16-5-70; contributing to the delinquency, unruliness, or deprivation of a child, Code Section 16-12-1; or abandonment of a dependent child, or Code Section 19-10-1, because of the act of leaving her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position, provided that the newborn child is no more than one week old and the mother shows proof of her identity, if available, to the person with whom the newborn is left and provides her name and address."

3848

JOURNAL OF THE HOUSE

SECTION 4-29. Said title is further amended by revising Code Section 19-10A-6, relating to reimbursement of medical costs, as follows:
"19-10A-6. A medical facility which accepts for inpatient admission a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility shall notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The Department of Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 1511-47 15-11-145."
SECTION 4-30. Said title is further amended by revising Code Section 19-13-20, relating to definitions regarding family violence shelters, as follows:
"(5) 'Family violence shelter' means a facility approved by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (c) of Code Section 15-11-135 and subsection (a) of Code Section 15-11-48 15-11-504."
SECTION 4-31. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraph (3) of Code Section 20-1A-30, relating to definitions for background checks, as follows:
"(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph."
SECTION 4-32. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 20-2-133, relating to free public instruction, exceptions, eligibility, custody of child, notification of local unit of administration of child's location, transfer and utilization of records, and funding, as follows:
"(b)(1) Any child, except a child in a youth development center secure residential facility as defined in Code Section 15-11-2, as specifically provided in this paragraph,

MONDAY, MARCH 25, 2013

3849

who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services, or; in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities,; or in a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as so long as the child is physically present in the school district. A child will shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child will shall be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a youth development center secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held."
SECTION 4-33. Said title is further amended by revising subsection (b) of Code Section 20-2-670, relating to requirements for transferring students beyond sixth grade, as follows:
"(b) In lieu of complying with the provision of subsection (a) of this Code section, a transferring student may be admitted on a conditional basis if he or she and his or her parent or legal guardian executes execute a document providing the name and address of the school last attended and authorizing the release of all academic and disciplinary records to the school administration. The parent or guardian shall be notified of the transfer of such records and shall, upon written request made within ten days of such notice, be entitled to receive a copy of such records. Within five days of the receipt of a copy of such records, the parent or guardian may make a written request for and shall be entitled to a hearing before the principal of the school or his or her designee which is

3850

JOURNAL OF THE HOUSE

the custodian of such records for the purpose of challenging the content of the records. The student or his or her parent or legal guardian shall also disclose on the same document as the release whether the child has ever been adjudicated guilty of the commission of a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-63 15-11-2 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed. Any form document to authorize the release of records which is provided by a school to a transferring student or such student's parent or legal guardian shall include a list of class A designated felony acts or class B designated felony acts. The student or his or her parent or legal guardian shall also disclose on the document whether the student is currently serving a suspension or expulsion from another school, the reason for such discipline, and the term of such discipline. If a student so conditionally admitted is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible, he or she shall be dismissed from enrollment until such time as he or she becomes so eligible."
SECTION 4-34. Said title is further amended by revising Code Section 20-2-671, relating to transfer students who have committed felony acts, as follows:
"20-2-671. If any school administrator determines from the information obtained pursuant to Code Section 15-11-63 15-11-602 or 20-2-670 or from any other source that a student has committed a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-2, such administrator shall so inform all teachers to whom the student is assigned that they may review the information in the student's file provided pursuant to subsection (b) of Code Section 20-2-670 received from other schools or from the juvenile courts. Such information shall be kept confidential."
SECTION 4-35. Said title is further amended by revising paragraphs (5) and (14) of subsection (c) and subsection (g) of Code Section 20-2-690.2, relating to establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows:
"(5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers juvenile detention facilities as defined in Code Section 49-4A-1;" "(14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10 15-11-38, if such a program has been established." "(g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of

MONDAY, MARCH 25, 2013

3851

children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for unruly children in need of services and possible denial or suspension of a driver's license for a child in accordance with Code Section 40-5-22."
SECTION 4-36. Said title is further amended by revising Code Section 20-2-699, relating to the disposition of children taken into custody, as follows:
"20-2-699. Any person assuming temporary custody of a child pursuant to Code Section 20-2-698 shall immediately deliver the child either to the parent, guardian, or other person having control or charge of the child or to the school from which the child is absent, or if the child is found to have been adjudged a delinquent or unruly, he child or a child in need of services, the person shall cause the child to be brought before the probation officer of the county having jurisdiction over such child."
SECTION 4-37. Said title is further amended by revising subsection (d) of Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, as follows:
"(d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 15-11-599, 15-11-602, or 15-11-707 that a student has been convicted of or has been adjudicated to have committed an offense which is a class A designated felony act or class B designated felony act under Code Section 15-11-63 15-11-2, such administrator shall so inform all teachers to whom the student is assigned and other school personnel to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 4-38. Said title is further amended by revising Code Section 20-2-766.1, relating to proceeding against parents for failure to cooperate in educational programs, as follows:
"20-2-766.1. The local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. If the court finds that the parent or guardian has willfully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully

3852

JOURNAL OF THE HOUSE

disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-5 15-11-31 to enforce any order entered under this Code section."
SECTION 4-39. Said title is further amended by revising subsection (a) of Code Section 20-2-768, relating to expulsion or suspension of students for felonies, as follows:
"(a) Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or having information filed for the commission of any felony or any delinquent act under Code Section 15-11-28 Sections 15-11-602 and 15-11-707 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or the student's parent or legal guardian has the right to request a hearing pursuant to the procedures provided for in Code Section 20-2754."
SECTION 4-40. Said title is further amended by revising subparagraph (B) of paragraph (1) of Code Section 20-3-660, relating to program of grants for foster children created, as follows:
"(B) The student is currently committed to the Division of Family and Children Services within the Department of Human Services under Code Section 15-11-55 15-11-212 and placed in a family foster home or is placed in accordance with subparagraph (a)(2)(C) of Code Section 15-11-2 15-11-212;"
SECTION 4-41. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by revising subsection (b) of Code Section 24-6-603, relating to oath or affirmation, as follows:
"(b) Notwithstanding the provisions of subsection (a) of this Code section, in all proceedings involving deprivation dependency as defined by Code Section 15-11-2 and in all criminal proceedings in which a child was a victim of or witness to any crime, the child shall be competent to testify, and the child's credibility shall be determined as provided in this chapter."
SECTION 4-42. Said title is further amended by revising subsection (q) of Code Section 24-12-21, relating to disclosure of AIDS confidential information, as follows:
"(q) A public safety agency or prosecuting attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-1166.1 15-11-603, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record."

MONDAY, MARCH 25, 2013

3853

SECTION 4-43. Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to HIV tests and reports of positive results, is amended by revising subsection (c) as follows:
"(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-66.1 1511-603, 17-10-15, 31-17-4.2, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample."
SECTION 4-44. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising subsection (c) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center, as follows:
"(c) The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-82 15-11-702 and 15-11-83 15-11-708. Such records and information shall be sealed or destroyed according to the procedures outlined in Code Sections 15-11-79.2 15-11-701 and 1511-81 15-11-709."
SECTION 4-45. Said title is further amended by revising subparagraph (B) of paragraph (7) and subparagraphs (B) and (B.1) of paragraph (8) of Code Section 35-8-2, relating to definitions regarding peace officers, as follows:
"(B) The Office of Permits and Enforcement of the Department of Transportation, the Department of Juvenile Justice and its institutions and facilities for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said such department or institutions, and the office or section in the Department of Juvenile Justice in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services; and"

3854

JOURNAL OF THE HOUSE

"(B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services; (B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs;"
SECTION 4-46. Code Section 36-32-10 of the Official Code of Georgia Annotated, relating to jurisdiction in cases of furnishing alcoholic beverages, is amended by revising subsection (e) as follows:
"(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-28 15-11-10."
SECTION 4-47. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (g) of Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows:
"(g) Notwithstanding the provisions of Code Section 15-11-72 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section."
SECTION 4-48. Said title is further amended by revising subsection (l) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, as follows:
"(l) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."

MONDAY, MARCH 25, 2013

3855

SECTION 4-49. Code Section 44-5-41 of the Official Code of Georgia Annotated, relating to voidance and ratification of conveyance to or by a minor, is revised as follows:
"44-5-41. A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable unless such minor has become emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15. If a minor has conveyed property or an interest in property, the minor may void the conveyance upon arrival at the age of 18; and, if the minor makes another conveyance at that time, it will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to a minor and, after arrival at the age of 18, the minor retains the possession or benefit of the property or interest in property, the minor shall have thereby ratified or affirmed the conveyance."
SECTION 4-50. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising paragraph (7) of Code Section 45-9-81, relating to definitions regarding certain indemnification, as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees who have the duty to investigate and apprehend delinquent and unruly children and any child with a pending juvenile court case alleging the child to be a child in need of services who have has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
SECTION 4-51. Said title is further amended by revising paragraph (7) of Code Section 45-9-101, relating to definitions regarding certain compensation, as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention,

3856

JOURNAL OF THE HOUSE

detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees who have the duty to investigate and apprehend delinquent and unruly children and any child with a pending juvenile court case alleging the child to be a child in need of services who have has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
SECTION 4-52. Said title is further amended by revising subsection (a) of Code Section 45-20-1, relating to purposes and principles of personnel administration, as follows:
"(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will remove unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service as defined in this article, except as provided in Code Section 15-11-24.3 15-11-69. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be employees in the classified service so long as they remain in classified positions or as otherwise provided by law. It is further specifically the intent of the General Assembly that state government operate within a framework of consistent core personnel policies and practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices."
SECTION 4-53. Said title is further amended by revising subsection (a) of Code Section 45-20-6, relating to composition of classified and unclassified service, as follows:
"(a) Any officer or employee who occupied a classified position under the State Personnel Administration prior to July 1, 1996, or as provided in Code Section 15-1124.3 15-11-69 shall remain in the classified service so long as such officer or employee shall remain in a classified position or as otherwise provided by law. Employees in the classified service shall have, upon completing a working test period, appeal rights as provided in Code Sections 45-20-8 and 45-20-9."

MONDAY, MARCH 25, 2013

3857

SECTION 4-54. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraphs (3), (5), (12), and (16) of Code Section 49-5-3, relating to definitions regarding services for children and youth, as follows:
"(3) 'Child welfare and youth services' means duties and functions authorized or required by this article to be provided by the department with respect to:
(A) Establishment and enforcement of standards for social services and facilities for children and youths which supplement or substitute for parental care and supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation, or delinquency of children and youths; (B) Protecting and caring for deprived dependent children and youths; (C) Protecting and promoting the welfare of children of working mothers; (D) Providing social services to children and youths and their parents and care for children and youths born out of wedlock and their mothers; (E) Promotion of coordination and cooperation among organizations, agencies, and citizen groups in community planning, organization, development, and implementation of such services; and (F) Otherwise protecting and promoting the welfare of children and youths, including the strengthening of their homes where possible or, where needed, the provision of adequate care of children and youths away from their homes in foster family homes or day-care or other child care facilities." "(5) 'Dependent Deprived child or youth' means any person so adjudged under Chapter 11 of Title 15." "(12) 'Legal custody' means a legal status created by court order embodying the following rights and responsibilities: (A) The right to have the physical possession of the child; (B) The right and the duty to protect, train, and discipline the child; (C) The responsibility to provide the child with food, clothing, shelter, education, and ordinary medical care; and (D) The right to determine where and with whom the child shall live, provided that these rights and responsibilities shall be exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child and subject to any residual parental rights and responsibilities. These rights shall be subject to judicial oversight and review pursuant to Code Section 15-11-55 15-11212." "(16) 'Protective supervision' means a legal status created by court order following adjudication in a deprivation dependency case, whereby a child's place of abode is not changed but assistance directed at correcting the deprivation dependency is provided through the court or an agency designated by the court."

3858

JOURNAL OF THE HOUSE

SECTION 4-55. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 49-5-8, relating to powers and duties of the department, as follows:
"(1) Preventive services as follows: (A) Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and (B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems;
(2) Child welfare services as follows: (A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency; (B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency; (C) Supervising and providing required services and care involved in the interstate placement of children; (D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother; (E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes; (F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and (G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision;"
SECTION 4-56. Said title is further amended by revising subsection (e) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows:
"(e) Notwithstanding any other provisions of law, with the exception of medical and mental health records made confidential by other provisions of law, child abuse and deprivation dependency records applicable to a child who at the time of his or her fatality or near fatality was:
(1) In the custody of a state department or agency or foster parent; (2) A child as defined in paragraph (3) of Code Section 15-11-171 15-11-741; or

MONDAY, MARCH 25, 2013

3859

(3) The subject of an investigation, report, referral, or complaint under Code Section 15-11-173 15-11-743 shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that any identifying information, including but not limited to the child or caretaker's name, race, ethnicity, address, or telephone numbers and any other information that is privileged or confidential, shall be redacted to preserve the confidentiality of the child, other children in the household, and the child's parents, guardians, custodians, or caretakers. Upon the release of documents pursuant to this subsection, the department may comment publicly on the case."
SECTION 4-57. Said title is further amended by revising paragraph (3) of Code Section 49-5-60, relating to definitions for employee record checks for day-care centers, as follows:
"(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph."
SECTION 4-58. Said title is further amended by revising paragraph (2) of Code Section 49-5-110, relating to definitions for record checks for persons supervising children, as follows:
"(2) 'Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating to cruelty to children; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph."
SECTION 4-59. Said title is further amended by revising paragraph (2) of Code Section 49-5-131, relating to definitions, as follows:
"(2) 'Child' means a person under the age of 17 years who is alleged to have committed a delinquent act or a person under the age of 18 years who is alleged to be

3860

JOURNAL OF THE HOUSE

deprived a dependent child or is alleged to be a status offender child in need of services as those terms are defined by Code Section 15-11-2."
SECTION 4-60. Said title is further amended by revising Code Section 49-5-154, relating to the study of youth needs, as follows:
"49-5-154. The governing authority of each participating county shall establish a local advisory group which includes representation from each component of the local children's services systems and other interested parties. The advisory group shall appraise the council on the needs of children and youth in its community giving particular attention to the need for prevention programs and community based services, residential or nonresidential, which would provide an alternative to commitment to or placement or custody in the Department of Juvenile Justice or the Department of Human Services and placement in a youth development center, foster home, or any other institution any juvenile detention facility as defined in Code Section 49-4A-1. Such appraisal shall be made annually and in writing. The governing authority of the county may request technical assistance from the council in conducting such study."
SECTION 4-61. Said title is further amended by revising paragraphs (15) and (18) of subsection (a) of Code Section 49-5-281, relating to bill of rights for foster parents, as follows:
"(15) The right to participate in the case planning and decision-making process with the Division of Family and Children Services regarding the child as provided in Code Section 15-11-58 15-11-201;" "(18) The right to be notified in advance, in writing, by the Division of Family and Children Services or the court of any hearing or review where the case plan or permanency of the child is an issue, including initial and periodic reviews held by the court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel in accordance with Code Section 15-11-217, hearings following revocation of the license of an agency which has permanent custody of a child in accordance with Code Section 31-2-6, and permanency plan hearings, and motions to extend custody, in accordance with Code Section 15-11-58 in accordance with Code Section 15-11230;"
SECTION 4-62. Code Section 52-7-12 of the Official Code of Georgia Annotated, relating to operation of watercraft while under the influence of alcohol or drugs, is amended by revising subsection (l) as follows:
"(l) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or

MONDAY, MARCH 25, 2013

3861

drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."

PART V EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 5-1.

This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Representative Willard of the 51st moved that the House agree to the Senate substitute to HB 242.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T

3862

JOURNAL OF THE HOUSE

Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell
Chapman Y Cheokas
Clark, J Y Clark, V Y Coleman Y Cooke

Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Quick
Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 167, nays 0.

The motion prevailed.

HB 268. By Representatives Harden of the 148th, England of the 116th, Jasperse of the 11th, Burns of the 159th, Williams of the 119th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the O.C.G.A., relating to dealers in agricultural products generally, so as to remove cotton and eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; 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 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, so as to remove eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to

MONDAY, MARCH 25, 2013

3863

provide for an exemption; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, is amended by revising Code Section 2-9-1, relating to definitions, as follows:
"2-9-1. As used in this article, the term:
(1) 'Agricultural products' includes fruits, vegetables, eggs, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops. (2) 'Dealer in agricultural products' means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his or her agent or representative or received on consignment from the producer or his or her agent or representative or received to be handled on a net return basis from the producer. The term 'dealer in agricultural products' also includes any person buying, selling, processing, or shelling pecan nuts, including any and every kind and variety of pecan nuts. (3) 'Net return basis' means a purchase for sale of agricultural products from a producer or shipper at a price which is not fixed or stated at the time the agricultural products are shipped from the point of origin. The term includes all purchases made 'at the market price,' 'at net worth,' and on similar terms indicating that the buyer is the final arbiter of the price to be paid. (4) 'On consignment' means any receiving or sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner. (5) 'Producer' means any producer of agricultural products."
SECTION 2. Said article is further amended by revising Code Section 2-9-4, relating to issuance of license, to read as follows:
"2-9-4. Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-7, he or she shall issue to such applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-5, a state license entitling the applicant to conduct business as a dealer in agricultural products. No fee

3864

JOURNAL OF THE HOUSE

for such license shall be charged An annual fee not to exceed $400.00 shall be required before a license is issued. Such license shall be valid until revoked or suspended as provided in this article, or until the annual license renewal fee is unpaid."
SECTION 3. Said article is further amended by revising Code Section 2-9-5, relating to bond requirements, to read as follows:
"2-9-5. Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant; provided, however, that the minimum amount of such bond shall be $10,000.00 and the maximum amount of such bond shall be $230,000.00; provided, further, that or in the case of cotton pecans, such bond shall not to exceed $150,000.00 $500,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing and such person shall be ineligible to reapply for such license for a period of four years after such revocation."
SECTION 4. Said article is further amended by revising Code Section 2-9-15, relating to applicability of article, as follows:
"2-9-15. (a) This article shall not apply to:
(1) Farmers or groups of farmers in the sale of agricultural products grown by themselves; (2) Persons who buy for cash, paying at the time of purchase in United States currency, certified check, cashier's check, or the equivalent; or

MONDAY, MARCH 25, 2013

3865

(3) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act,' who conduct no business at the wholesale level and who have fewer than ten employees. (b) No warehouse that is in full compliance with the provisions of Article 1 of Chapter 4 of Title 10 shall be required to obtain a license or maintain a surety bond under this article."
SECTION 5. Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, is amended by revising Code Section 2-9-30, relating to definitions, to read as follows:
"2-9-30. As used in this article, the term:
(1) 'Grain' means all products commonly classified as grain, including, but not limited to, wheat, corn, oats, barley, rye, field peas, soybeans, clover, and grain sorghum. The term does not include grain which has been produced or packaged for purchase or distribution as seed. (2) 'Grain dealer' means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any grain purchased from the producer or his or her agent or representative, received on consignment from the producer or his or her agent or representative, or received to be handled on a net return basis from the producer. (3) 'On consignment' means any receipt or sale of grain for the account of a person other than the seller in which the seller acts as the agent for the owner. (4) 'Producer' means any producer of grain."
SECTION 6. Said article is further amended by revising subsection (a) of Code Section 2-9-34, relating to bond requirements, to read as follows:
"2-9-34. (a) Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of the three preceding calendar years or such shorter period of years as the applicant has done business as a grain dealer, provided that the minimum amount of such bond shall be $20,000.00 and the maximum amount of such bond shall be $150,000.00 $300,000.00. If a licensed grain dealer operates his or her grain-dealing activities at more than one physical location, he or she shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as stated in this Code section and each bond to be subject to the minimum and maximum amounts stated in this Code section. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond

3866

JOURNAL OF THE HOUSE

applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to the producers or their agents or representatives of the proceeds of all grain handled or sold by such dealer. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing."

SECTION 7. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing Chapter 31, relating to pecan dealers and processors, and designating said chapter as reserved.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Harden of the 148th moved that the House agree to the Senate substitute to HB 268.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B

MONDAY, MARCH 25, 2013

3867

Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 168, nays 3.

The motion prevailed.

HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to campaign disclosure reports; to change certain provisions relating to filing by public officers, filing by candidates for

3868

JOURNAL OF THE HOUSE

public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to change certain provisions relating to lobbyist disclosure reports; to amend Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, so as to change certain provisions relating to filing of complaints; 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 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 revising paragraph (7) of subsection (a) as follows:
"(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such any rules and regulations as are specifically authorized in necessary and appropriate for carrying out the purposes of this chapter; provided, however, that the commission shall not require the reporting or disclosure of more information on any report than is expressly required to be reported or disclosed by this chapter, unless such information was required to be reported or disclosed by rules and regulations of the commission which were in effect as of January 1, 2013, so long as such rules and regulations do not conflict with this chapter; and"
SECTION 2. Said chapter is further amended in Code Section 21-5-70, relating to definitions relative to public officers' conduct and lobbyist disclosure, by revising paragraph (1) as follows:
"(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (B.1) Includes reimbursement or payment of actual and reasonable expenses provided to a public officer for transportation, travel, lodging, registration, food, or beverages, and other activities related to attending a meeting or conference so as to permit such public officer's participation in such meeting or conference;

MONDAY, MARCH 25, 2013

3869

(C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, tickets for admission to athletic, sporting, recreational, musical concert, or other entertainment events, or anything of value, unless consideration of equal or greater than face value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the family of such public officer or public employee Includes reimbursement or payment of expenses for recreational or leisure activities; and (E) The term shall Does not include: anything defined in paragraph (4.1) of this Code section as a lobbying expenditure, the provisions of subparagraphs (A) through (D) of this paragraph notwithstanding." "(4.1) 'Lobbying expenditure' means:
(i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officer's family; (iii) Legal compensation or expense reimbursement provided to public employees and to public officers in the performance of their duties; (iv)(A) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v)(B) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (vi)(C) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession Discounts, upgrades, memberships, or other accommodations extended by a business to a bona fide customer and which are generally made available to other similarly situated customers; or legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (vii)(D) Food, beverages, and registration, or admission at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An For purposes of this subparagraph, an agency shall also include the Georgia House of Representatives, and the Georgia Senate combined, committees and subcommittees of such and the governing body of each political subdivision of this state; (viii)(E) Campaign contributions or expenditures as defined by Code Section 21-53 and reported as required by Article 2 of this chapter; or (ix) A commercially reasonable loan made in the ordinary course of business; (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities; or (xi) Transportation unless a lobbyist arranges for or participates in such transportation.

3870

JOURNAL OF THE HOUSE

(F) Reimbursement or payment of actual and reasonable expenses provided to a public officer for admission, registration, travel, food, and lodging attributed to attending events, seminars, or educational programs at locations within the United States where attendance is related to the official duties of such public officer."
SECTION 3. Said chapter is further amended by revising subsection (n) of Code Section 21-5-34, relating to campaign disclosure reports, as follows:
"(n) The commission shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section Reserved."
SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, as follows:
"(g) The commission shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section Reserved."
SECTION 5. Said chapter is further amended by revising Code Section 21-5-71, relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, as follows:
"21-5-71. (a)(1) Subject to paragraphs (2) and (3) of this subsection and except as otherwise provided by subsection (i) of this Code section, no person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person's sentence. The administration of this article is vested in the commission. (2) When a person is hired or retained as an employee or agent or independent contractor and under the agreement of the parties the primary duties, or a substantial part of the duties, of the person will involve lobbying activities, the person shall register as a lobbyist before commencing lobbying activities. (3) When paragraph (2) of this subsection does not apply, there shall be a lookback period of each calendar month for determining whether the 10 percent test of paragraph (5) of Code Section 21-5-70 has been met. If at the end of any month the 10 percent test has been met during that month, the person shall register as a lobbyist

MONDAY, MARCH 25, 2013

3871

within five days after the last day of that month and shall in his or her initial disclosure report include all prior lobbying expenditures in that calendar year. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain: (1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf; (6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of paragraph (5) of Code Section 21-5-70 attempting to influence rule making or purchasing by a state agency or agencies, the name of the state agency or agencies before which the applicant engages in lobbying; (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and (8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person's sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence. (c) The lobbyist shall, within seven days of prior to any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent.

3872

JOURNAL OF THE HOUSE

(f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees. (2) The commission shall collect the following fees:

(A) Annual lobbyist registration or renewal filed pursuant to this Code section, including a lobbyist identification card issued pursuant to this Code section ................................................................

$300.00

(B) Lobbyist supplemental registration filed pursuant to this Code section ................................................................................................

10.00

(C) Each copy replacement of a lobbyist identification card issued pursuant to this Code section ................................................................

20.00

(D)(i) For reports filed when the General Assembly is not in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed.

(ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1.

(E)(i) For reports filed when the General Assembly is in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the twenty-first day after the due date for such report if the report has not been filed.

(ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1.
(g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist, a color photograph of the lobbyist, and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the

MONDAY, MARCH 25, 2013

3873

word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish in print or electronically public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to:
(1) Any individual who expresses communicates personal views, interests, or professional opinions on that individual's own behalf, to any public officer of the executive or legislative branch of state government as specified in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3; (1.1) An employee or independent contractor of a vendor who solely participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential contract with a state or local government agency or a bona fide salesperson who sells to or contracts with a state or local government agency for goods or services, is not hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, and does not engage in other activities which would make such person a lobbyist; (2) Any person who appears before is invited by a public agency or governmental entity to appear before a committee or at a hearing of such agency or entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony when so long as such person is not otherwise required to comply with the registration provisions of this Code section clearly identifies himself or herself and the interested party on whose behalf he or she is testifying; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes is invited to furnish information upon the specific request of a public agency or governmental entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, so long as such person clearly identifies himself or herself and the interested party on whose behalf he or she furnishes such information; (3.1) Any industry, subject matter, or business expert appearing before a public agency or governmental entity committee, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony or furnishing information when accompanied by a registered lobbyist representing such industry or business or representing an association or trade group for such industry or business;

3874

JOURNAL OF THE HOUSE

(4) Any licensed attorney when representing a client in administrative proceedings or in civil litigation or criminal proceedings or appearing on behalf of a client in any adversarial proceeding before an agency of this state or any political subdivision of this state and any expert or staff employed by such attorney; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers or appointed public officials performing the official duties of their public office or position; and (7) Any public employee, aide, or intern who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators."
SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"21-5-72.1. (a) No person who is required by the law of this state to register as a lobbyist shall meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any member of the General Assembly to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents.
(b)(1) No person who is registered as a lobbyist under Code Section 21-5-71 shall make any expenditure. (2) No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section 21-5-71. (3) Paragraphs (1) and (2) of this subsection shall not apply if the Senate, House of Representatives, or other office, department, agency, branch of government, board, commission, authority, or governing body to or by which a public officer is elected, appointed, or employed has adopted an authorized rule, executive order, regulation, ordinance, or resolution which governs acceptance of expenditures by such public officer and his or her staff and which:
(A) Prohibits the public officer from accepting with actual knowledge a single expenditure with a value in excess of $100.00 from a registered lobbyist or a single expenditure from a group of registered lobbyists with a value in excess of $100.00; (B) Provides for enforcement of the acceptance limits specified in subparagraph (A) of this paragraph; and (C) Is made available to the public. It shall be sufficient for purposes of this subparagraph if the applicable office, department, agency, branch of government, legislative body, board, commission, authority, or governing body has a public

MONDAY, MARCH 25, 2013

3875

Internet website and such document is published and maintained in a prominent place on such website. (c) Except as otherwise provided pursuant to paragraph (3) of subsection (b) of this Code section, any violation of this Code section shall be subject to the penalties provided by subparagraph (b)(14)(C) of Code Section 21-5-6."
SECTION 7. Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyist disclosure reports, as follows:
"21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section in the electronic format specified by the commission. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor shall file a semimonthly disclosure report on the first and fifteenth day of each month, current through the end of the preceding report, beginning January 15 and continuing throughout the period that the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution shall:
(1) File a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and (2) File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any lobbying expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any lobbying expenditures relating to municipal affairs or independent school district affairs. (d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), (H), (I), or (J) of paragraph (5) of Code Section 21-5-70 required to register under this article and: (1) Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (2) As an employee of the executive branch or judicial branch of local government, lobbies to promote or oppose the passage of any ordinance or resolution by a public

3876

JOURNAL OF THE HOUSE

officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 215-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (3) Lobbies to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency; or (4) Lobbies to promote or oppose any matter before the State Transportation Board shall file a monthly disclosure report, current through the end of the preceding period, on or before the fifth day of each month; provided, however, that such monthly reports shall not be filed during any period that the lobbyist files a semimonthly report pursuant to subsection (b) of this Code section. (e) Reports of lobbying expenditures filed by lobbyists shall be verified and shall include: (1) A description of all lobbying expenditures, as defined in described in subparagraphs (D) and (F) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf of or for the benefit of a public officer or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer by the lobbyist or employees of the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such lobbying expenditure. The description of each reported lobbying expenditure shall include:
(A) The name and title of the public officer or public employee, each reported separately; or, if the lobbying expenditure is simultaneously incurred for an identifiable group of public officers or public employees the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the lobbying expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage tickets; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate lobbying expenditures described in divisions (1)(E)(vii) and (1)(E)(x) subparagraph (D) of paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided, however, that expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer or public employee shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the lobbying expenditure was made; and (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the lobbying expenditure was made; (2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, the name of any vendor or vendors for which

MONDAY, MARCH 25, 2013

3877

the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and (3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to promote or oppose the passage of any rule or regulation of any state agency, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (e.1) Lobbyist reports disclosing expenditures made pursuant to paragraph (3) of subsection (b) of Code Section 21-5-72.1 shall be made at the same times and in the same manner as provided by subsections (a) and (b) of this Code section for lobbying expenditures. Such reports shall be verified and shall include the amount, date, and description of each expenditure; the name of the public officer, staff member, or identifiable group to or for whom such expenditure was made; and the name of the person or entity on whose behalf such expenditure was made. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections. (g) The electronic filing of any disclosure report required by this article shall constitute an affirmation that such report is true, complete, and correct. (h) The commission shall not require the reporting of any more information in a lobbyist disclosure report than is expressly required to be disclosed by this Code section Reserved. (i) All lobbyists shall have a grace period of three business days in filing all disclosure reports."
SECTION 8. Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, is amended by revising subsection (a) as follows:
"(a) Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a member of the General Assembly. The clerical officer shall designate the place where such complaints may be filed, provide instruction necessary to properly submit a complaint, and prescribe forms for such complainants. Complaints shall be submitted in writing and verified under oath to the best information, knowledge, and belief of such person. The complaint shall include a statement by the complainant as to whether or not in filing the complaint he or she is acting as an agent, paid or otherwise, for any other person. Any person who knowingly

3878

JOURNAL OF THE HOUSE

provides false information in executing a complaint under this Code section commits the offense of false swearing within the meaning of Code Section 16-10-71."
SECTION 9. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Smyre of the 135th and O'Neal of the 146th offer the following amendment:
Amend the Senate substitute to HB 142 by striking in its entirety all matter therein, beginning with "A BILL TO BE ENTITLED AN ACT" and through the end of said substitute, and replacing it with the following:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to campaign disclosure reports; to change certain provisions relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to change certain provisions relating to lobbyist disclosure reports; to amend Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, so as to change certain provisions relating to filing of complaints; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 25, 2013

3879

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 revising paragraph (7) of subsection (a) as follows:
"(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such any rules and regulations as are specifically authorized in necessary and appropriate for carrying out the purposes of this chapter; provided, however, that the commission shall not require the reporting or disclosure of more information on any report than is expressly required to be reported or disclosed by this chapter, unless such information was required to be reported or disclosed by rules and regulations of the commission which were in effect as of January 1, 2013, so long as such rules and regulations do not conflict with this chapter; and"
SECTION 2. Said chapter is further amended in Code Section 21-5-70, relating to definitions relative to public officers' conduct and lobbyist disclosure, by revising paragraphs (1) and (5) as follows:
"(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (B.1) Includes reimbursement or payment of actual and reasonable expenses provided to a public officer for transportation, travel, lodging, registration, food, and beverages, and other activities related to attending a meeting or conference so as to permit such public officer's participation in such meeting or conference; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, tickets for admission to athletic, sporting, recreational, musical concert, or other entertainment events, or anything of value, unless consideration of equal or greater than face value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the family of such public officer or public employee Includes reimbursement or payment of expenses for recreational or leisure activities; and (E) The term shall Does not include: anything defined in paragraph (4.1) of this Code section as a lobbying expenditure, the provisions of subparagraphs (A) through (D) of this paragraph notwithstanding."
"(4.1) 'Lobbying expenditure' means:

3880

JOURNAL OF THE HOUSE

(i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officer's family; (iii) Legal compensation or expense reimbursement provided to public employees and to public officers in the performance of their duties; (iv)(A) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v)(B) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (vi)(C) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (vii) (D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An For purposes of this subparagraph, an agency shall also include the Georgia House of Representatives, the Georgia Senate, standing committees of such bodies and standing subcommittees of such bodies standing committees but not for more than two of such group events per committee or subcommittee per year, local delegations of the House and Senate as defined by House and Senate rules and consisting of no fewer than two members of the General Assembly, caucuses of members of the majority or minority political parties of the House or Senate, other caucuses of the House or Senate as approved by the House Committee on Ethics or the Senate Ethics Committee, and the governing body of each political subdivision of this state; (viii) (E) Campaign contributions or expenditures as defined by Code Section 21-53 and reported as required by Article 2 of this chapter; (ix) A commercially reasonable loan made in the ordinary course of business; (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities; or (xi) Transportation unless a lobbyist arranges for or participates in such transportation. (F) Reimbursement or payment of actual and reasonable expenses provided to a public officer and his or her necessary public employee staff members for such public officer's and staff members' individual transportation, lodging, travel, and registration for attending educational, informational, charitable, or civic meetings or conferences that are held at locations within the United States and directly relate to the official duties of that public officer or the office of that public officer, plus food and beverages for such public officer, his or her necessary public employee staff members, and spouse while attending such educational, informational, charitable, or civic meetings or conferences; or (G) Admission provided to members of the General Assembly to any collegiate athletic event in which a student athletic team from a branch of the University System of Georgia or private university or college accredited in the State of Georgia

MONDAY, MARCH 25, 2013

3881

participates, if admission to such event is offered to all members of the General Assembly. (5) 'Lobbyist' means, subject to the qualifications at the end of this paragraph: (A) Any natural person who receives compensation or provides services pro bono publico for advocating to a public officer of the executive or legislative branch of state government as specified in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, while at the state capitol, Coverdell Legislative Office Building, or other state government facility, a position or agenda on behalf of an organization or business entity for the purpose of influencing the decision making of such public officer, if such natural person is neither subject to nor expressly exempted by any other provision of this paragraph or subsection (i) of Code Section 21-5-71; (A)(A.1) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A)(A.1) of this paragraph; (D) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph; (G) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to

3882

JOURNAL OF THE HOUSE

any state agency but does not include any employee or independent contractor of the vendor solely on the basis that such employee or independent contractor participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency and shall not include a bona fide salesperson who sells to or contracts with a state agency for goods or services and who does not otherwise engage in activities described in subparagraphs (A) through (F) or (H) through (J)(I) of this paragraph; (H) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any rule or regulation of any state agency; (I) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose any matter before the State Transportation Board; or (J) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose any matter before the State Transportation Board. The provisions of subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall apply only where the person in question spends more than 10 percent of his or her working hours engaged in the activities described in one or more of those subparagraphs. In the case of a person who is employed by a single employer, the 10 percent test shall be applied to all time worked for that employer. In the case of a person who is employed by more than one employer or retained by more than one client, the 10 percent test shall be applied separately with respect to time spent working for each employer and each client. A person who spends less than 10 percent of his or her time working for an employer or client engaged in such activities shall not be required to register as or be subject to regulation as a lobbyist for that employer or client. In applying the 10 percent test, time spent in planning, researching, or preparing for activities described in subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall be counted as time engaged in such activities. When registration is required, the time of registration shall be as provided in Code Section 21-5-71."
SECTION 3. Said chapter is further amended by revising subsection (n) of Code Section 21-5-34, relating to campaign disclosure reports, as follows:
"(n) The commission shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section Reserved."
SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected

MONDAY, MARCH 25, 2013

3883

officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, as follows:
"(g) The commission shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section Reserved."
SECTION 5. Said chapter is further amended by revising Code Section 21-5-71, relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, as follows:
"21-5-71. (a)(1) Subject to paragraphs (2) and (3) paragraph (2) of this subsection and except as otherwise provided by subsection (i) of this Code section, no person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person's sentence. The administration of this article is vested in the commission. (2) When a person is hired or retained as an employee or agent or independent contractor and under the agreement of the parties the primary duties, or a substantial part of the duties, of the person will involve lobbying activities, the person shall register as a lobbyist before commencing lobbying activities. (3) When paragraph (2) does not apply there shall be a lookback period of each calendar month for determining whether the 10 percent test of paragraph (5) of Code Section 21-5-70 has been met. If at the end of any month the 10 percent test has been met during that month, the person shall register as a lobbyist within five days after the last day of that month and shall in his or her initial disclosure report include all prior lobbying expenditures in that calendar year.
(b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf;

3884

JOURNAL OF THE HOUSE

(6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of paragraph (5) of Code Section 21-5-70 attempting to influence rule making or purchasing by a state agency or agencies, the name of the state agency or agencies before which the applicant engages in lobbying; (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and (8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person's sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence. (c) The lobbyist shall, within seven days of prior to any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent. (f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees. (2) The commission shall collect the following fees as follows:

(A) Annual lobbyist registration or renewal filed pursuant to this Code section, including a lobbyist identification card issued pursuant to this Code section ................................................................

$300.00 No charge

(B) Lobbyist supplemental registration filed pursuant to this Code section ................................................................................................

10.00 No charge

MONDAY, MARCH 25, 2013

3885

(C) Each copy replacement of a lobbyist identification card issued pursuant to this Code section ................................................................

20.00

(D)(i) For reports filed when the General Assembly is not in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed.

(ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1.

(E)(i) For reports filed when the General Assembly is in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the twenty-first day after the due date for such report if the report has not been filed.

(ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1.
(f.1) The provisions of subparagraphs (f)(2)(D) and (f)(2)(E) of this Code section shall not apply to any lobbyist who is acting pro bono publico and does not make lobbying expenditures. To qualify for the exemption provided by this subsection, such lobbyist at the time of his or her registration or renewal of registration shall file an affidavit with the commission on such form as prescribed by the commission, stating that during the preceding 12 months he or she has not accepted compensation for lobbying, has not been fined by the commission, and has not made any lobbying expenditure and does not have a present intention to accept compensation for lobbying or make lobbying expenditures during the calendar year for which he or she is registering or renewing registration. Prior to accepting compensation or making any lobbying expenditure during the year for which registration is issued or renewed, he or she shall be required to notify the commission of such forthcoming change of status by filing a supplemental registration under subsection (c) of this Code section, pay all applicable fees otherwise required by subsection (f) of this Code section, and be subject to the applicable reporting requirements of Code Section 21-5-73; and the affidavit shall include a statement acknowledging such requirements.

3886

JOURNAL OF THE HOUSE

(g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist, a color photograph of the lobbyist, and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish in print or electronically public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to:
(1) Any individual who expresses communicates personal views, interests, or professional opinions on that individual's own behalf, to any public officer of the executive or legislative branch of state government as specified in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3; (1.1) Any person who is not a public officer or public employee and who engages in lobbying at the state capitol, Coverdell Legislative Office Building, or other state government facility a combined total of not more than five days in a calendar year, provided that such person is not compensated specifically for lobbying; (1.2) An employee or independent contractor of a vendor who solely participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential contract with a state or local government agency or a bona fide salesperson who sells to or contracts with a state or local government agency for goods or services, is not hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, and does not engage in other activities which would make such person a lobbyist; (2) Any person who appears before is invited by a public agency or governmental entity to appear before a committee or at a hearing of such agency or entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony when so long as such person is not otherwise required to comply with the registration provisions of this Code section clearly identifies himself or herself and the interested party on whose behalf he or she is testifying; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes is invited to furnish information upon the specific request of a public agency or governmental entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, so long as such person clearly

MONDAY, MARCH 25, 2013

3887

identifies himself or herself and the interested party on whose behalf he or she furnishes such information; (3.1) Any industry, subject matter, or business expert appearing before a public agency or governmental entity committee, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony or furnishing information when accompanied by a registered lobbyist representing such industry or business or representing an association or trade group for such industry or business; (4) Any licensed attorney when representing a client in administrative proceedings or in civil litigation or criminal proceedings or appearing on behalf of a client in any adversarial proceeding before an agency of this state or any political subdivision of this state; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers or appointed public officials performing the official duties of their public office or position; and (7) Any public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators."
SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"21-5-72.1. (a)(1) No person who is required by the law of this state to register as a lobbyist shall meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any member of the General Assembly to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents. (2) No member of the General Assembly shall with actual knowledge meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any person who is registered as a lobbyist to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents. (b)(1) No person who is registered as a lobbyist under Code Section 21-5-71 shall make any expenditure.

3888

JOURNAL OF THE HOUSE

(2) No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section 21-5-71."
SECTION 7. Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyist disclosure reports, as follows:
"21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section in the electronic format specified by the commission, except as otherwise provided by subsection (j) of this Code section. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor shall file a semimonthly disclosure report on the first and fifteenth day of each month, current through the end of the preceding report, beginning January 15 and continuing throughout the period that the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution shall:
(1) File a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and (2) File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any lobbying expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any lobbying expenditures relating to municipal affairs or independent school district affairs. (d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), (H), (I), or (J) of paragraph (5) of Code Section 21-5-70 required to register under this article and: (1) Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (2) As an employee of the executive branch or judicial branch of local government, lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-

MONDAY, MARCH 25, 2013

3889

5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (3) Lobbies to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency; or (4) Lobbies to promote or oppose any matter before the State Transportation Board shall file a monthly disclosure report, current through the end of the preceding period, on or before the fifth day of each month; provided, however, that such monthly reports shall not be filed during any period that the lobbyist files a semimonthly report pursuant to subsection (b) of this Code section. (e) Reports filed by lobbyists shall be verified and shall include: (1) A description of all lobbying expenditures, as defined in described in subparagraphs (D), (F), and (G) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf of or for the benefit of a public officer or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer by the lobbyist or employees of the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such lobbying expenditure. The description of each reported lobbying expenditure shall include:
(A) The name and title of the public officer or public employee or, if the lobbying expenditure is simultaneously incurred for an identifiable group of public officers or public employees the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the lobbying expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage tickets; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate lobbying expenditures described in divisions (1)(E)(vii) and (1)(E)(x) subparagraph (D) of paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer or public employee shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the lobbying expenditure was made; and (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the lobbying expenditure was made; (2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and

3890

JOURNAL OF THE HOUSE

(3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to promote or oppose the passage of any rule or regulation of any state agency, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections. (g) The electronic filing of any disclosure report required by this article shall constitute an affirmation that such report is true, complete, and correct. (h) The commission shall not require the reporting of any more information in a lobbyist disclosure report than is expressly required to be disclosed by this Code section Reserved. (i) All lobbyists shall have a grace period of three business days in filing all disclosure reports. (j)(1) Any employee of a branch, department, commission, agency, or authority of state government who is required to register under this article shall not be subject to the reporting requirements of this Code section. (2) Any registered lobbyist who is exempt from specified fee payment requirements pursuant to subsection (f.1) of Code Section 21-5-71 shall not be subject to the reporting requirements of this Code section during the period in which such exemption from fees remains in effect."
SECTION 8. Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, is amended by revising subsection (a) as follows:
"(a) Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a member of the General Assembly. The clerical officer shall designate the place where such complaints may be filed, provide instruction necessary to properly submit a complaint, and prescribe forms for such complainants. Complaints shall be submitted in writing and verified under oath to the best information, knowledge, and belief of such person. The complaint shall include a statement by the complainant as to whether or not in filing the complaint he or she is acting as an agent, paid or otherwise, for any other person. Any person who knowingly provides false information in executing a complaint under this Code section commits the offense of false swearing within the meaning of Code Section 16-10-71."

MONDAY, MARCH 25, 2013

3891

SECTION 9. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Golick of the 40th moved that the House agree to the Senate substitute, as amended by the House, to HB 142.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison
Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J N Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins
Henson Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B N Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 166, nays 4.

3892

JOURNAL OF THE HOUSE

The motion prevailed.
HB 345. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; 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 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by revising paragraph (28) of Code Section 47-3-1, relating to definitions, as follows:
"(28) 'Teacher' means a permanent status employee employed not less than half time as follows:
(A) Employees of a public school or a local board of education with the exception of those employees required to be members of the Public School Employees Retirement System as governed by Chapter 4 of this title; Any of the following persons employed not less than half time by a public school:
(i) Persons who supervise the public schools; (ii) Classroom teachers; and (iii) Persons employed in a clerical capacity; (B) Public school lunchroom managers or supervisors, maintenance managers or supervisors, transportation managers or supervisors, and warehouse managers or supervisors who elect to participate in the retirement system pursuant to Code Section 47-3-63 Public school nurses who are employed on a regular basis as much as one-half time or more. The employer's contributions for such public school nurses on all salary amounts which are not paid from state funds shall be paid from local funds;

MONDAY, MARCH 25, 2013

3893

(C) Employees of the Board of Regents of the University System of Georgia with the exception of those employees who elect to participate in the Regents Retirement Plan as governed by Chapter 21 of this title and maintenance and custodial employees employed prior to July 1, 1978, who elected to forgo membership School librarians; (D) Employees of any regional educational service agency created pursuant to Part 11 of Article 6 of Chapter 2 of Title 20 Administrative officials who supervise teachers; (E) Full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation managers or supervisors, and full-time public school warehouse managers or supervisors, upon electing to participate in the retirement system pursuant to Code Section 47-3-63; (F)(E) Certified Any new certified professional personnel employed for the first time by the State Board of Education or by the State Department of Education on and after July 1, 1983, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section 47-3-60, and any employee of the State Board Department of Education or the Technical College System of Georgia employed in a teaching, supervisory, or clerical capacity; (F.1)(F) Certified professional personnel who are in the unclassified service as defined by Code Section 45-20-2 and who are employed by the State Board of Education or by the State Department of Education and who become members of this retirement system pursuant to the authority of subsection (i) of Code Section 47-3-60; (F.2)(G) Professional Newly hired professional personnel employed for the first time by the Technical College System of Georgia on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the Technical College System of Georgia if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.3) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date on which the Technical College System of Georgia assumes governance of the postsecondary vocational-technical school if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.4)(H) Personnel employed by the State Board of Education or by the State Department of Education who are authorized to elect and elect to become or remain members of the retirement system pursuant to the applicable provisions of Code Section 47-3-60;

3894

JOURNAL OF THE HOUSE

(G)(I) Employees of Any bona fide teacher, supervisor of teachers, or clerical employee in any school operated by the Department of Education; and (H) Teacher aides and paraprofessional personnel and members of the staff of any regional educational service agency created pursuant to Code Sections 20-2-270 through 20-2-274; (I) Registrars of each unit of the University System of Georgia; (J) The secretary and treasurer of the Board of Regents of the University System of Georgia; (K) Teachers, supervisors of teachers, and clerical workers who are employed and paid by the Board of Regents of the University System of Georgia; (L) All personnel of the Cooperative Extension Service of the University of Georgia; (M) Any other person employed not less than on a half-time basis and paid by the Board of Regents of the University System of Georgia, with the exception of such maintenance and custodial employees employed prior to July 1, 1978, who elected to forgo membership, provided that the board of trustees shall determine whether any particular employee is a maintenance or custodial employee; (N) Any full-time employee of the Georgia Association of Educators, Georgia High School Association, or Georgia School Boards Association, provided that such association, as appropriate, and the employee request that the board of trustees permit them to pay the employer and employee contributions, respectively. The state shall make no contributions on account of such employee; (O)(J) Librarians and clerical personnel employed by regional and county libraries. Any of such librarians and clerical personnel who were members of a local retirement system on January 1, 1977, and who elected to remain members of such local retirement system shall not be required to become members of this retirement system, or if they were members of this retirement system on that date, they may withdraw from such membership. This election must have been made, in writing, to the board of trustees by not later than January 1, 1978. Any of such librarians and clerical personnel failing to so notify the board of trustees by that date shall be members of this retirement system. The employer contributions for such librarians and clerical personnel who are or who become members of this retirement system shall be paid from local funds on all salary amounts of such librarians and clerical personnel which are not paid from state funds. Prior service of such librarians and other service for which such librarians have contributed to the Teachers Retirement System of Georgia is ratified, subject to the same laws and the same rules and regulations applicable to other members of this retirement system; (P) The full-time executive secretary of the Georgia Vocational Association. Such association shall pay the required employer contribution for membership service. The executive secretary shall be entitled to receive credit for prior teaching service by paying the employee and employer contributions that would have been paid, plus interest at the rate of 8 percent per annum; and

MONDAY, MARCH 25, 2013

3895

(Q) Attendance officers employed not less than half time for service rendered after June 30, 1992. As used in this subparagraph, 'attendance officer' means an attendance officer employed in lieu of a visiting teacher under Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20; provided, however, that the provisions of this subparagraph shall not apply to any former member employed as an attendance officer who retired prior to July 1, 1992. The term 'teacher' shall not be deemed to include any emergency or temporary employee. The term 'teacher' shall not include an individual classified by an employer as an independent contractor or a leased employee within the meaning of Section 414(n) of the federal Internal Revenue Code, even if such individual is later reclassified by the Internal Revenue Service as a common law employee. The board of trustees shall determine in doubtful cases whether any person is included within the definition set forth in this paragraph. Notwithstanding the provisions of subparagraphs (N) and (P) of this paragraph, no person becoming an employee of the Georgia Association of Educators, the Georgia High School Association, or the Georgia School Boards Association or becoming the executive secretary of the Georgia Vocational Association after June 30, 1984, shall be a 'teacher' within the meaning of this paragraph or shall be eligible for membership in the retirement system provided for by this chapter unless the person holding any such position is also a 'teacher' within the meaning of a subparagraph of this paragraph other than subparagraph (N) or (P) of this paragraph. Except as otherwise provided by Code Section 47-3-84.2, subparagraphs (N) and (P) of this paragraph shall remain effective after June 30, 1984, only for the purpose of allowing any person who was a member of the retirement system on June 30, 1984, because the person held a position specified by subparagraph (N) or (P) of this paragraph to continue such membership as long as the person continues to hold such position."

SECTION 2. Said chapter is further amended by repealing in its entirety Code Section 47-3-84.2, relating to credit for service by members described in subparagraphs (N) and (P) of paragraph (28) of Code Section 47-3-1.

SECTION 3. 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 345.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh

Y Hamilton Y Harbin Y Harden Y Harrell

Y McCall Y Meadows Y Mitchell Y Morgan

Y Sims, C Y Smith, E Y Smith, L E Smith, M

3896

JOURNAL OF THE HOUSE

Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin
Martin Y Maxwell Y Mayo

Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 170, nays 0.

The motion prevailed.

Representative Rogers of the 29th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:

Your Committee on Higher Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 241 Do Pass
Respectfully submitted, /s/ Rogers of the 29th
Chairman

MONDAY, MARCH 25, 2013

3897

The Speaker Pro Tem assumed the Chair.
The following Bill and Resolution of the House were taken up for the purpose of considering the Senate action thereon:
HB 349. By Representatives Golick of the 40th, Hatchett of the 150th, Coomer of the 14th, Pak of the 108th, Oliver of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 5 of the O.C.G.A., relating to appeal or certiorari by the state in criminal cases, so as to provide the state with more direct appeal rights; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the O.C.G.A., relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to amend Article 2 of Chapter 8 of Title 24 of the O.C.G.A., relating to admissions and confessions; 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 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 provide the state with more direct appeal rights; to provide the state with cross appeal rights; to provide for crossreferences; to provide for liberal construction of the chapter; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to change provisions relating to sentencing for trafficking in certain drugs; to provide for definitions; to clarify provisions relating to the weight or quantity of controlled substances and marijuana; to change provisions relating to sentencing serious violent offenders, certain sexual offenders, and repeat offenders; to create the Georgia Council on Criminal Justice Reform and provide for its members, chairperson, other officers, committees, staff, and funding; to allow a drug court or mental health court division judge to order the Department of Driver's Services to change a defendant's driving privileges for participants in their court programs under certain circumstances; to delete definitions; to change terms of a probated sentence; to amend Part 7 of Article 7 of

3898

JOURNAL OF THE HOUSE

Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that incarcerated individuals who qualify for HOPE GED vouchers may use such vouchers within 24 months of release; to amend Article 2 of Chapter 8 of Title 24 of the Official Code of Georgia Annotated, relating to admissions and confessions, so as to change provisions relating to a child's description of sexual contact or physical abuse; to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, so as to clarify provisions relating to record restriction involving certain felony offenses; to change provisions relating to the application of the Code section to arrests occurring prior to July 1, 2013; to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, so as to define terms applicable to issuing medical reprieves to entirely incapacitated persons suffering a progressively debilitating terminal illness; to amend Code Section 49-5-183.1 of the Official Code of Georgia Annotated, relating to notice to alleged child abuser of classification, procedures, notification to division, and children under 14 years of age not required to testify, so as to correct a cross-reference; 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 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, is amended by revising Code Section 5-7-1, relating to orders, decisions, or judgments appealable and defendant's right to cross appeal, as follows:
"5-7-1. (a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances:
(1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or a petition alleging that a child has committed a delinquent act, or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions

MONDAY, MARCH 25, 2013

3899

made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; (5) From an order, decision, or judgment excluding any other evidence to be used by the state at trial on any motion filed by the state or defendant at least 30 days prior to trial and ruled on prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first, if:
(A) Notwithstanding the provisions of Code Section 5-6-38, the notice of appeal filed pursuant to this paragraph is filed within two days of such order, decision, or judgment; and (B) The prosecuting attorney certifies to the trial court that such appeal is not taken for purpose of delay and that the evidence is a substantial proof of a material fact in the proceeding; (5)(6) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (6)(7) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or subsection (b) of Code Section 17-7-50.1; (7)(8) From an order, decision, or judgment of a court granting a motion for new trial or an extraordinary motion for new trial; (8)(9) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in jeopardy; or (9)(10) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2. (b) In any instance in which any appeal is taken by and on behalf of the State of Georgia in a criminal case, the defendant shall have the right to cross appeal. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38. (c) In any instance in which the defendant in a criminal cases applies for and is granted an interlocutory appeal as provided Code Section 5-6-34 or an appeal is taken pursuant to Code Section 17-10-35.1, the state shall have the right to cross appeal on any matter ruled on prior to the impaneling of a jury or the defendant being put in jeopardy. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38. The state shall not be required to obtain a certificate of immediate review for such cross appeal."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 5-7-2, relating to certification required for immediate review of nonfinal orders, decisions, or judgments, 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 as set forth in paragraph (4) or (5) of subsection (a) of Code Section 5-7-1; or

3900

JOURNAL OF THE HOUSE

(2) Order, decision, or judgment described in paragraph (1) or (7) of subsection (a) of Code Section 5-7-1."
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"5-7-6. This chapter shall be liberally construed to effectuate the purposes stated in this chapter."
SECTION 4. Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties for controlled substances, is amended by revising Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, as follows:
"16-13-31. (a)(1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows: (A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing.
(b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 4 four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or 4 four grams or more of any mixture containing any such substance in violation of this

MONDAY, MARCH 25, 2013

3901

article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is 4 four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 10 ten pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of 10 ten pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $100,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $250,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $1 million. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) Any person who knowingly sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be

3902

JOURNAL OF THE HOUSE

sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (f) Any person who knowingly manufactures methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (g)(1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section. (2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he or she finds that the defendant has rendered such substantial assistance.
(2)(A) In the court's discretion, the judge may depart from the mandatory minimum sentence specified for a person who is convicted of a violation of this Code section as set forth in subparagraph (B) of this paragraph if the judge concludes that:
(i) The defendant was not a leader of the criminal conduct;

MONDAY, MARCH 25, 2013

3903

(ii) The defendant did not possess or use a weapon during the crime; (iii) The criminal conduct did not result in a death or serious bodily injury to a person other than to a person who is a party to the crime; (iv) The defendant has no prior felony conviction; and (v) The interests of justice will not be served by the imposition of the prescribed mandatory minimum sentence. (B) The sentencing departure ranges pursuant to subparagraph (A) of this paragraph shall be as follows: (i) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this Code section, two years and six months to five years imprisonment and a fine of not less than $25,000.00 nor more than $50,000.00; (ii) Any person convicted of violating paragraph (1) of subsection (c) of this Code section, two years and six months to five years imprisonment and a fine of not less than $50,000.00 nor more than $100,000.00; (iii) Any person convicted of violating paragraph (2) of subsection (c) of this Code section, three years and six months to seven years imprisonment and a fine of not less than $125,000.00 nor more than $250,000.00; (iv) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(A) of this Code section, or paragraph (1) of subsection (e) or (f) of this Code section, five to ten years imprisonment and a fine of not less than $100,000.00 nor more than $200,000.00; (v) Any person convicted of violating paragraph (2) of subsection (b) of this Code section, five to ten years imprisonment and a fine of not less than $50,000.00 nor more than $100,000.00; (vi) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(B) of this Code section, or paragraph (2) of subsection (e) or (f) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $150,000.00 nor more than $300,000.00; (vii) Any person convicted of violating paragraph (3) of subsection (c) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $500,000.00 nor more than $1 million; (viii) Any person convicted of violating paragraph (2) of subsection (d) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $125,000.00 nor more than $250,000.00; (ix) Any person convicted of violating paragraph (3) of subsection (b) of this Code section, 12 years and six months to 25 years imprisonment and a fine of not less than $250,000.00 nor more than $500,000.00; and (x) Any person convicted of violating subparagraph (a)(1)(C), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(C) of this Code section, or paragraph (3) of subsection (e) or (f) of this Code section,

3904

JOURNAL OF THE HOUSE

12 years and six months to 25 years imprisonment and a fine of not less than $500,000.00 nor more than $1 million. (C) If a judge reduces the mandatory minimum sentence pursuant to this paragraph, the judge shall specify on the record the circumstances for the reduction and the interests served by such departure. Any such order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. (D) As used in this paragraph, the term: (i) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal. (ii) 'Weapon' shall have the same meaning as set forth in Code Section 16-11127.1. (3) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a violation of this Code section when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. (h) Any person who violates any provision of this Code section shall be punished 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. (i) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."
SECTION 5. Said part is further amended by revising Code Section 16-13-31.1, relating to trafficking in ecstacy and penalties, as follows:
"16-13-31.1. (a) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4methylenedioxymethamphetamine, or any mixture containing 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described in Schedule I, in violation of this article commits the felony offense of trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three years but not more than 30 years and shall pay a fine of not less than $25,000.00 nor more than $250,000.00;

MONDAY, MARCH 25, 2013

3905

(2) If the quantity of such substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years but not more than 30 years and shall pay a fine of not less than $50,000.00 nor more than $250,000.00; and (3) If the quantity of such substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years but not more than 30 years and shall pay a fine of not less than $100,000.00 nor more than $250,000.00. (b)(1) In the court's discretion, the judge may depart from the mandatory minimum sentence specified for a person who is convicted of a violation of this Code section as set forth in paragraph (2) of this subsection if the judge concludes that:
(A) The defendant was not a leader of the criminal conduct; (B) The defendant did not possess or use a weapon during the crime; (C) The criminal conduct did not result in a death or serious bodily injury to a person other than to a person who is a party to the crime; (D) The defendant has no prior felony conviction; and (E) The interests of justice will not be served by the imposition of the prescribed mandatory minimum sentence. (2) The sentencing departure ranges pursuant to paragraph (1) of this subsection shall be as follows: (A) Any person convicted of violating paragraph (1) of subsection (a) of this Code section, one year and six months to 30 years imprisonment and a fine of not less than $12,500.00 nor more than $250,000.00; (B) Any person convicted of violating paragraph (2) of subsection (a) of this Code section, two years and six months to 30 years imprisonment and a fine of not less than $25,000.00 nor more than $250,000.00; and (C) Any person convicted of violating paragraph (3) of subsection (a) of this Code section, five to 30 years imprisonment and a fine of not less than $50,000.00 nor more than $250,000.00; (3) If a judge reduces the mandatory minimum sentence pursuant to this subsection, the judge shall specify on the record the circumstances for the reduction and the interests served by such departure. Any such order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. (4) As used in this subsection, the term: (A) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal. (B) 'Weapon' shall have the same meaning as set forth in Code Section 16-11127.1. (c) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the

3906

JOURNAL OF THE HOUSE

motion may impose a reduced or suspended sentence if he or she finds that the defendant has rendered such substantial assistance. (d) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a violation of this Code section when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. (e) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."
SECTION 6. Said part is further amended by adding a new Code section to read as follows:
"16-13-54.1. When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant's knowledge of such weight or quantity shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the weight or quantity of the controlled substance or marijuana in order to be convicted of an offense."
SECTION 7. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising paragraph (2) of subsection (a), subparagraphs (a)(5)(A) and (a)(5)(C), and adding a new paragraph to subsection (a) of Code Section 17-10-1, relating to fixing of sentence, to read as follows:
"(2) Active 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 Chapter 15 of Title 16, 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 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

MONDAY, MARCH 25, 2013

3907

probation supervision' shall have the same meaning as the term 'active supervision' as set forth in Code Section 42-1-1."
"(A) When 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 unsupervised 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." "(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." "(7) As used in this subsection, the term: (A) 'Active probation 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. (B) 'Unsupervised probation' means the period of a probated sentence that follows active probation supervision in which:
(i) All of the conditions and limitations imposed by the court remain intact; (ii) A probationer may have reduced reporting requirements; and (iii) A probation supervisor shall not actively supervise such probationer."
SECTION 8. Said title is further amended in Code Section 17-10-6.1, relating to punishment for serious violent offenders, by revising subsection (b) and adding two new subsections to read as follows:
"(b)(1) Except as provided in subsection (e) of this Code section Notwithstanding any other provisions of law to the contrary, any person convicted of the serious violent felony of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles.

3908

JOURNAL OF THE HOUSE

(2) Except as provided in subsection (e) of this Code section Notwithstanding any other provisions of law to the contrary, the sentence of any person convicted of the serious violent felony of:
(A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall, unless sentenced to life imprisonment, be a split sentence which shall include a mandatory minimum term of imprisonment of 25 years, followed by probation for life. No, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court or reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state." "(e) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a serious violent felony when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. (f) Any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."
SECTION 9. Said title is further amended by revising subsection (c) of Code Section 17-10-6.2, relating to punishment for sexual offenders, as follows:
"(c)(1) In the court's discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum or provided that:

MONDAY, MARCH 25, 2013

3909

(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any intentional physical harm during the commission of the offense; (E) The offense did not involve the transportation of the victim; and (F) The victim was not physically restrained during the commission of the offense. (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judge's reasons. Any such order shall be appealable by the defendant pursuant to Code Section 5-6-34, or by the State of Georgia pursuant to Code Section 5-7-1, unless the sentence imposed was pursuant to an agreement by the prosecuting attorney and the defendant."
SECTION 10. Said title is further amended by revising subsection (b) of Code Section 17-10-7, relating to punishment for repeat offenders, as follows:
"(b)(1) As used in this subsection, the term 'serious violent felony' means a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1. (2) Except as provided in subsection (e) of Code Section 17-10-6.1, any Any person who has been convicted of a serious violent felony in this state or who has been convicted under the laws of any other state or of the United States of a crime which if committed in this state would be a serious violent felony and who after such first conviction subsequently commits and is convicted of a serious violent felony for which such person is not sentenced to death shall be sentenced to imprisonment for life without parole. Any such sentence of life without parole shall not be suspended, stayed, probated, deferred, or withheld, and any such person sentenced pursuant to this paragraph shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the sentence of life imprisonment without possibility of parole, except as may be authorized by any existing or future provisions of the Constitution."
SECTION 11. Said title is further amended by adding a new chapter to read as follows:

3910

JOURNAL OF THE HOUSE

"CHAPTER 19
17-19-1. (a) There is created the Georgia Council on Criminal Justice Reform for the purpose of conducting periodic comprehensive reviews of criminal laws, criminal procedure, sentencing laws, adult correctional issues, juvenile justice issues, enhancement of probation and parole supervision, better management of the prison population and of the population in the custody of the Department of Juvenile Justice, and other issues related to criminal and accountability courts. The Georgia Council on Criminal Justice Reform shall be responsible for establishing performance measures that track the implementation of criminal justice and juvenile justice reforms through the analysis of data collected under law and shall propose additional reforms to further the reduction of recidivism, the lowering of state expenses, and the maintenance of an effective and efficient Code that will promote public safety. (b) As used in this chapter, the term 'council' means the Georgia Council on Criminal Justice Reform.
17-19-2. (a) The Governor shall appoint all 15 members of the council which shall be composed of one member of the Senate, one member of the House of Representatives, one member who shall be either a Justice of the Supreme Court or a Judge of the Court of Appeals, one superior court judge, one juvenile court judge, one district attorney, one criminal defense attorney, one sheriff, the executive counsel to the Governor or his or her designee, the director of the Governor's Office for Children and Families or his or her designee, and five other members as determined by the Governor. (b) Each member of the council shall be appointed to serve for a term of four years or until his or her successor is duly appointed, except the members of the General Assembly, who shall serve until completion of their current terms of office. A member may be appointed to succeed himself or herself on the council. If a member of the council is an elected or appointed official, the member, or his or her designee, shall be removed from the council if the member no longer serves as such elected or appointed official. (c) The Governor shall designate the chairperson of the council. The council may elect other officers as it deems necessary. The chairperson of the council may designate and appoint committees from among the membership of the council as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this chapter. The chairperson shall only vote to break a tie. (d) The council shall be attached for administrative purposes only to the Governor's Office for Children and Families. The Governor's Office for Children and Families and the Criminal Justice Coordinating Council shall provide staff support for the council. The Governor's Office for Children and Families and the Criminal Justice Coordinating

MONDAY, MARCH 25, 2013

3911

Council shall use any funds specifically appropriated to it to support the work of the council.
17-19-3. (a) The council may conduct meetings at such places and times as it deems necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this chapter. The council shall hold meetings at the call of the chairperson. The council shall meet not less than twice every year. (b) A quorum for transacting business shall be a majority of the members of the council. (c) Any legislative members of the council shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the council who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the council, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the council in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this chapter shall come from funds appropriated to the Senate and the House of Representatives.
17-19-4. (a) The council shall have the following duties:
(1) To periodically, and at least every two years, review the conditions, needs, issues, and problems related to criminal justice; issue a report on the same to the executive counsel of the Governor, the Office of Planning and Budget, and the chairpersons of the House Committee on Appropriations, the Senate Appropriations Committee, the House Committee on Judiciary, and the Senate Judiciary Committee; and recommend any action or proposed legislation which the council deems necessary or appropriate. Nothing contained in the council's report shall be considered to authorize or require a change in any law without action by the General Assembly; (2) To evaluate and consider the best practices, experiences, and results of legislation in other states with regard to children, adults, and families involved in the juvenile or superior court or equivalent systems; and (3) To identify and recommend whether and when any state law should be modified to conform, whenever desirable, to federal legislation. (b) The council shall have the following powers: (1) To evaluate how the laws and programs affecting the criminal justice system in this state are working;

3912

JOURNAL OF THE HOUSE

(2) To request and receive data from and review the records of appropriate state agencies and courts to the greatest extent allowed by state and federal law; (3) To accept public or private grants, devises, and bequests; (4) To authorize entering into contracts or agreements through the council's chairperson necessary or incidental to the performance of its duties; (5) To establish rules and procedures for conducting the business of the council; and (6) To conduct studies, hold public meetings, collect data, or take any other action the council deems necessary to fulfill its responsibilities. (c) The council shall be authorized to retain the services of attorneys, consultants, subject matter experts, economists, budget analysts, data analysts, statisticians, and other individuals or organizations as determined appropriate by the council.
17-19-5. This chapter shall be repealed effective June 30, 2018, unless continued in effect by the General Assembly prior to that date."
SECTION 12. Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended by revising Code Section 20-3519.6, relating to HOPE GED vouchers, as follows:
"20-3-519.6. Subject to the amounts appropriated by the General Assembly and provisions relating to the shortfall reserve in Code Section 50-27-13, a HOPE GED voucher in the amount of $500.00 shall be available once to each student receiving a general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993. Such voucher shall be issued to such student upon enrollment in any eligible postsecondary institution in Georgia within 24 months from the date the general educational development (GED) diploma was awarded to the student and may only be used to cover postsecondary costs of attendance at such institution; provided, however, that for an individual who becomes eligible for such voucher while he or she is incarcerated in a penal institution in this state, such voucher may be used by such individual within 24 months from the date of release from the penal institution."
SECTION 13. Article 2 of Chapter 8 of Title 24 of the Official Code of Georgia Annotated, relating to admissions and confessions, is amended by revising Code Section 24-8-820, relating to testimony as to child's description of sexual contact or physical abuse, as follows:
"24-8-820. A statement made by a child under the age of 14 years younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on the such child by another or with or on another in the presence of such child shall be admissible in evidence by the testimony of the person to whom made if the child is available to

MONDAY, MARCH 25, 2013

3913

testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at the trial, unless the adverse party forfeits or waives such child's testimony as provided in this title, and, at the time of the testimony regarding the outof-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements."
SECTION 14. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, is amended by revising paragraph (1) of subsection (j) and subsection (n) as follows:
"(j)(1) When an individual had a felony charges charge dismissed or nolle prossed or was found not guilty of felony charges such charge but was convicted of a misdemeanor offense or offenses arising out of the same underlying transaction or occurrence that was not a lesser included offense of the felony charge, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such the felony charges charge 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 that the misdemeanor conviction was not a lesser included offense of the felony charge and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available." "(n)(1) Except as provided in subsection (j) of this Code section, as 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 the request meets the criteria set forth in subsection (h) of this Code section for record restriction, and the prosecuting attorney shall notify the arresting law enforcement agency of his or her decision within such 90 day period. If the prosecuting attorney denies such request, he or she shall cite with specificity the reason for such denial in writing and attach to such denial any relevant documentation

3914

JOURNAL OF THE HOUSE

in his or her possession used to make such denial. There shall be a presumption that the prosecuting attorney does not object to the request to restrict the criminal history record information if he or she fails to respond to the request for a determination within the 90 day period set forth in this paragraph. 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 to decline a request to restrict access to criminal history record information shall not be upheld if it is determined unless the individual demonstrates by clear and convincing evidence that the arrest is eligible for record restriction pursuant to subsection (h) of this Code section and 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 of receiving such information."
SECTION 15. Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of driver's license for certain drug offenses, is amended by revising subsections (a), (b), and (e) of Code Section 40-5-75, relating to suspension of license by operation of law, as follows:
"(a) Except as provided in Code Section 40-5-76, the The driver's license of any person convicted of any violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' including, but not limited to, possession, distribution, manufacture, cultivation, sale, transfer of, trafficking in, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, transfer or traffic in a controlled substance or marijuana, or the law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, 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, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such

MONDAY, MARCH 25, 2013

3915

license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the Department of Driver Services department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction; (2) Upon the second 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, the period of suspension shall be for three years, provided that after one year from the date of the conviction, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and (3) Upon the third or subsequent 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, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit; (B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender shall pay a permit fee of $25.00 to the department; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or

3916

JOURNAL OF THE HOUSE

(iv) 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. At the end of five years from the date on which the license was suspended, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services department a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction." "(b) Except as provided in Code Section 40-5-76, whenever Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 406-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender of the driver's license or on the date that the department processes the conviction or citation, whichever shall first occur." "(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his or her license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section or Code Section 40-5-76."
SECTION 16. Said article is further amended by adding a new Code section to read as follows:
"40-5-76. A judge presiding in a drug court division or mental health court division may order the department to restore a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, or issue a defendant a limited driving permit in accordance with the provisions set forth in subsections (c) and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services."

MONDAY, MARCH 25, 2013

3917

SECTION 17. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in Code Section 42-1-1, relating to definitions, by repealing paragraphs (1) and (2) and redesignating paragraphs (3) through (9) as paragraphs (1) through (7), respectively.
SECTION 18. Said title is further amended in subsection (a) of Code Section 42-8-35, relating to terms and conditions of probation, by deleting "and" at the end of paragraph (15), by replacing the period with "; and" at the end of paragraph (16), and by adding a new paragraph (17) to read as follows:
"(17) Pay for the cost of drug screening. The Department of Corrections shall assess and collect fees from the probationer for such screening at levels set by regulation of the Department of Corrections."
SECTION 19. Said title is further amended in Code Section 42-9-43, relating to information to be considered by the State Board of Pardons and Paroles generally, by redesignating subsections (b) through (e) as subsections (c) through (f), respectively, and by adding a new subsection (b) to read as follows:
"(b)(1) As used in this subsection, the term: (A) 'Debilitating terminal illness' means a disease that cannot be cured or adequately treated and that is reasonably expected to result in death within 12 months. (B) 'Entirely incapacitated' means an offender who: (i) Requires assistance in order to perform two or more necessary daily life functions or who is completely immobile; and (ii) Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community. (C) 'Necessary daily life function' means eating, breathing, dressing, grooming, toileting, walking, or bathing.
(2) The board may issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness in accordance with Article IV, Section II, Paragraph II of the Constitution."
SECTION 20. Code Section 49-5-183.1 of the Official Code of Georgia Annotated, relating to notice to alleged child abuser of classification, procedures, notification to division, and children under 14 years of age not required to testify, is amended by revising subsection (i) as follows:
"(i) No child under the age of 14 younger than 16 years of age shall be compelled to appear to testify at any hearing held pursuant to this Code section. If a child under the age of 14 younger than 16 years of age testifies voluntarily, such testimony shall be

3918

JOURNAL OF THE HOUSE

given in compliance with procedures analogous to those contained in Code Section 178-55. Nothing in this article shall prohibit introducing a child's statement in a hearing held pursuant to this Code section if the statement meets the criteria of Code Section 24-8-820."

SECTION 21. This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense.

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Representative Golick of the 40th moved that the House agree to the Senate substitute to HB 349.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles
Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler

Y Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C

MONDAY, MARCH 25, 2013

3919

Y Clark, J Y Clark, V Y Coleman
Cooke

Y Gordon Y Gravley Y Greene N Gregory

Y Marin Y Martin Y Maxwell Y Mayo

Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 166, nays 1.

The motion prevailed.

House of Representatives Coverdell Legislative Office Building
Room 601-B Atlanta, Georgia 30334

Robert Rivers Clerk of the House 309 State Capitol Building Atlanta, GA 30334

Dear Mr. Rivers,

Please record my vote as a yes on HB 349 agree to Senate sub on Day 38.

Thank you for your assistance.

Sincerely,

/s/ B.J. Pak Rep. B.J. Pak District 108 GA House of Representatives

HR 205. By Representatives Neal of the 2nd, Kidd of the 145th, Cheokas of the 138th, Dunahoo of the 30th and Hill of the 22nd:

A RESOLUTION authorizing the conveyance of certain state owned real property; to provide an effective date; and for other purposes.

The following Senate substitute was read:

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Appling County; authorizing the conveyance of certain state owned real properties located in

3920

JOURNAL OF THE HOUSE

Baldwin County; authorizing the conveyance of certain state owned real property located in Ben Hill County; authorizing the conveyance of certain state owned real properties located in Bibb County; authorizing the conveyance of certain state owned real property located in Butts County; authorizing the conveyance of certain state owned real properties located in Chatham County; authorizing the conveyance of certain state owned real property located in Chattooga County; authorizing the conveyance of certain state owned real property located in Crawford 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 Floyd County; authorizing the conveyance of certain state owned real property located in Haralson County; authorizing the conveyance of certain state owned real property located in McDuffie County; authorizing the conveyance of certain state owned real property located in Mitchell County; authorizing the fee simple conveyance of right of way, the granting of a nonexclusive easement, and the granting of a temporary construction easement over certain state owned real property located in the consolidated government of Columbus-Muscogee County; authorizing the placement of certain restrictions on state owned real property located in Paulding County; authorizing the conveyance of certain state owned real property located in Polk County; authorizing the conveyance of certain state owned real property located in Putnam County; authorizing the conveyance of certain state owned real properties located in Richmond County; authorizing the conveyance of certain state owned real property located in Spalding County; authorizing the conveyance of certain state owned real property located in Tattnall County; authorizing the conveyance of certain state owned real property located in Whitfield County; authorizing the conveyance of certain state owned real property located in Wilkes County; to provide an effective date; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; (2) Said real property is a 6.5 acre parcel in that approximately 29.08 acre tract of state property lying and being in Land Lot 628 of the 2nd Land District, Appling County, Georgia, that is a portion of the property originally acquired by General Warranty Deed from R. E. Towns on June 20, 1989, as the approximately 8,443 acre Bullard Creek Wildlife Management Area in Jeff Davis County (6,134 acres) and in Appling County (2,309 acres) in custody of the Georgia Department of Natural Resources, as recorded in Deed Book 241, Page 679, Plat Book 9, Pages 188-194 in the Office of the Clerk of Superior Court of Appling County, Georgia, and being on file in the offices of the State Properties Commission and inventoried as Real Property Record (RPR) # 07820; (3) Custody of the 29.08 acre tract and three additional easements totaling 0.67 of an acre was transferred by executive order dated December 21, 1990, to the Georgia Department of Human Resources for use as an outdoor therapeutic recreation program for youthful offenders, known as the Baxley Wilderness Program, custody of which was to

MONDAY, MARCH 25, 2013

3921

transfer back to the Department of Natural Resources when use ceased, being on file in the offices of the State Properties Commission as RPR # 08051; (4) The program was later transferred from the Department of Human Resources to the Department of Youth and Child Services and then to the Georgia Department of Juvenile Justice; (5) The approximately 29.08 acre parcel and access easements known as the Baxley Wilderness Program has ceased being operated and is surplus to the needs of the Georgia Department of Juvenile Justice, and custody reverts to the Department of Natural Resources as ordered in that 1990 executive order; (6) By letter dated February 26, 2013, the Department of Natural Resources has declared an improved approximately 6.5 acre parcel ("the property") of the former Baxley Wilderness Area surplus to its needs and of no future use to the department and is desirous of surplusing the property; and
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 being described in an executive order as in Milledgeville per Real Property Record # 07438 inventoried by the State Properties Commission, dated April 3, 1987, containing approximately 15 acres and is, and more particularly described on a January 6, 1987, survey drawing by Frank I. Girley 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 property was a portion of Central State Hospital and was transferred from the Department of Human Resources to the Department of Corrections by executive order dated April 3, 1987, and being RPR # 007438 on file in the State Properties Commission office; (4) Said property is under the custody of the Department of Corrections and is the former Bostick State Prison; (5) The Department of Corrections no longer has a need for the above-described property and has declared it surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 247 and 264 of the 1714th Georgia Militia District of Baldwin County and is more particularly described as an approximately 0.432 of an acre portion of 142 acres of state property transferred by executive order from the State Forestry Commission to the Department of Veterans Service for the Veterans Cemetery, dated December 27, 1989, and inventoried as Real Property Record 07890 in the offices of the State Properties Commission and accompanying plat as recorded in Plat Book 7, Page 75 in the Office of the Clerk of

3922

JOURNAL OF THE HOUSE

Superior Court of Baldwin County, and may be more particularly described on an engineered drawing or 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 0.432 of an acre property is in the custody of the Department of Veterans Service as a portion of the Georgia Veterans Cemetery in Milledgeville; (4) The Georgia Department of Transportation (GDOT), in a letter dated August 16, 2012, requested that the 0.432 of an acre property along U.S. Highway 540 be conveyed for the Fall Line Freeway Stage 2 project, as more particularly described as Parcel 68 on a May 7, 2004, drawing last revised on July 25, 2012, entitled "Right-of-Way Map for Georgia Department of Transportation in Wilkinson and Baldwin Counties, Project EDS0000-00(346)", and being on file in the offices of the State Properties Commission; (5) The Veterans Service Board has determined by resolution dated September 20, 2012, that the property is surplus to its needs and is available for use by GDOT, and on September 20, 2012, the commissioner of the Department of Veterans Service requested that the property be surplused; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Ben Hill County, Georgia; (2) Said real property is all that tract or parcel being approximately 4.3 acres of state property lying and being all of City Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Square 16, Block 13, and all of City Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 in Square 12, Block 13 in the City of Fitzgerald, Ben Hill County, Georgia, acquired by virtue of quitclaim deed between the City of Fitzgerald, a municipal corporation and political subdivision of the State of Georgia, said municipal corporation being located in Ben Hill County as grantor, and the State of Georgia as grantee, dated February 28, 1955, for good and valuable consideration, as recorded in Deed Book 68, Folio 328, in the Office of the Clerk of Superior Court of Ben Hill County and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 000081, and all according to the recorded plat of the American Tribune Soldiers Colony Company Domain of record in the office of the Clerk of Superior Court of Irwin County; (3) Said tract or parcel is under the custody of the Georgia Department of Defense as the former site of the Bainbridge Armory; (4) The City of Fitzgerald, in a letter dated September 26, 2012, expressed an interest in acquiring the above-described property for use by the Ben Hill County Board of Education for public purpose and agrees to retire any outstanding general obligation bonds and bond payments due for this property; (5) By letter dated October 30, 2012, the adjutant general of Georgia 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 Fitzgerald for the amount of the outstanding general obligation bonds or no less than $10.00, to be used for public purpose; and

MONDAY, MARCH 25, 2013

3923

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 Bibb County, Georgia, and in the City of Macon, being a part of Square 24 of the Old City Squares and part of Old Courthouse Square, containing 1.59 acres and being designated as Parcel "A" on a plat of survey prepared for the City of Macon by William C. Causey, Georgia Registered Land Surveyor No. 2652, dated October 28, 1996, a copy of which is of record in the Office of the Clerk of Superior Court of Bibb County in Plat Book 88, Page 637, and a copy of which is on file in the offices of the State Property Commission as Real Property Record # 008948, subject to Georgia Department of Transportation and City of Macon improvements and easements ("the property"); (3) The above-described property is in the custody of the Department of Economic Development and formerly operated as the Georgia Sports Hall of Fame, (4) The Department of Economic Development currently does not utilize the property, improvements, and infrastructure composing the Georgia Sports Hall of Fame; (5) The Department of Economic Development has determined that it will at no time in the future have a use for the improved property and infrastructure composing the Georgia Sports Hall of Fame; (6) On January 1, 2012, the Development Authority of Bibb County entered into a oneyear lease of the property with two one-year renewals; (7) A local government entity organized and existing under the laws of the State of Georgia has expressed an interest in acquiring the Georgia Sports Hall of Fame; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that tract or parcel being approximately 3.77 acres of state property lying and being in Land Lots 123 and 124, Macon Reserve West, of Bibb County, Georgia, acquired by virtue of warranty deed between Macon Area Development Company, Inc., as grantor, and the State of Georgia as grantee, dated June 3, 1950, for consideration of $1.00, as recorded in Deed Book 614, Pages 695-696 in the Office of the Clerk of Superior Court of Bibb County and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 000100, and accompanying Plat entitled "PLAT-NATIONAL GUARD PROPERTY OMS; MACON RESERVE WEST, BIBB CO, GEORGIA; L.L.#123&124 ADAPTED FROM PLAT BY COUNTY ENG'RS. OFFICE DATED 5-18-50"; and being on file in the offices of the State Properties Commission; (3) Said tract or parcel is under the custody of the Georgia Department of Defense as the former site of the Army National Guard Macon Field Mechanics Service (FMS); (4) Bibb County has expressed an interest in acquiring the above-described property on behalf of the Bibb County Board of Education for public purpose and agrees to retire any outstanding general obligation bonds and bond payments due for this property;

3924

JOURNAL OF THE HOUSE

(5) By letter dated October 30, 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 Bibb County for the amount of the outstanding general obligation bonds or 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 Bibb County, Georgia; (2) Said real property is a portion of that approximately 123.7 acres tract or parcel of state property lying and being in Land Lots 84, 85, 87, 88 and 89 of Macon Reserve East, and in Land Lot 104 of the 7th Land District, Bibb County, Georgia, acquired by virtue of warranty deed between the Bibb County as grantor, and the State of Georgia as grantee, dated April 12, 1971, as recorded in Deed Book 1119, Pages 345-347, in the Office of the Clerk of Superior Court of Bibb County, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 005171, and accompanying plat of survey entitled "PROPERTY SURVEY FOR STATE OF GEORGIA (STATE DEPARTMENT OF FAMILY & CHILDREN SERVICES)" dated September 25, 1969, as revised November 23, 1970, made by James A. Gordon, Jr., Georgia Registered Land Surveyor No. 1023, as recorded in Plat Book 47, Page 97, in the Office of the Clerk of Superior Court of Bibb County, and being more particularly described as that approximately 8 acres as indicated by that area outlined in red, and that easement area being approximately 0.75 of an acre as indicated by that area highlighted in yellow, on that drawing entitled "OLD MACON RYDC SURPLUS DRAWING" furnished by Georgia Department of Juvenile Justice, dated January 18, 2013, and being on file in the offices of the State Properties Commission; (3) The approximately 8 acres property and approximately 0.75 of an acre easement area was formerly the Macon Regional Youth Detention Center, Bibb County, Georgia; under the custody of the Georgia Department of Juvenile Justice; (4) By resolution dated January 24, 2013, the Board of Juvenile Justice declared the property surplus to its needs and of no future use, and resolved to surplus the abovedescribed improved property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Butts County, Georgia; (2) Said real property is a portion of that approximately 231.9 acres tract or parcel of state property lying and being in Land Lot 245 of the 3rd Land District and Georgia Militia District 610 of Butts County, acquired by virtue of warranty deed between G. D. Head as grantor, and the State of Georgia as grantee, dated October 8, 1964, as recorded in Deed Book 30, Folio 179-180, in the Office of the Clerk of Superior Court of Butts County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 003970, and accompanying plat of survey

MONDAY, MARCH 25, 2013

3925

entitled "Plat of Survey for State Penal and Rehabilitation Authority of Georgia" dated September 1964, made by Griffin Engineering & Manufacturing Company, Civil Engineers, Griffin, Georgia, and more particularly by J. W. Oxford, Jr., as recorded in Plat Book 1, Page 205, in the Office of the Clerk of Superior Court of Butts County, and being more particularly described as that approximately 0.061 of an acre along State Route 36 at the Towaliga River as indicated by that area highlighted in yellow on that right of way drawing entitled "STATE OF GEORGIA; DEPARTMENT OF TRANSPORTATION; RIGHT OF WAY MAP; PROJECT NO BRST-0054-03 (064)" dated February 12, 2008, last revised on July 22, 2010, made by Lowe Engineers, Atlanta, Georgia, and being on file in the offices of the State Properties Commission, to be presented to the State Properties Commission for approval; (3) The above 0.061 of an acre property is under the custody of the Georgia Department of Corrections as a portion of the Georgia Diagnostic and Classification Prison in Jackson, Georgia; (4) The Georgia Department of Transportation, in a letter dated January 7, 2011, requested that the 0.061 of an acre along State Route 36 at the Towaliga River be conveyed for the SR36 Road Widening, Project Number BRST-0054-03 (064), P.I. No. 333170, as more particularly described as Parcel 2, indicated by yellow highlighting, on that right of way drawing entitled "STATE OF GEORGIA; DEPARTMENT OF TRANSPORTATION; RIGHT OF WAY MAP; PROJECT NO BRST-0054-03 (064)" dated February 12, 2008, last revised on July 22, 2010, made by Lowe Engineers, Atlanta, Georgia, and being on file in the offices of the State Properties Commission; (5) The Georgia Department of Transportation requires that the above-described property be owned in the name of the Georgia Department of Transportation and, given the public purpose of the project, will purchase property from the state for $10.00; (6) The Board of Corrections, at its meeting on September 1, 2011, approved a resolution for the conveyance of the above-described property 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 Chatham County, Georgia; (2) Said parcel is all that approximately 9.6 acre parcel ("the property") of an approximately 53.801 acre tract of land lying and being in Georgia Militia District 8, City of Savannah, Chatham County, Georgia, being a portion of Lot 2B-1 of a subdivision of lot 2B Crossroads Business Center, being more particularly described on that certain "Boundary Survey for the State of Georgia Crossroads Business Center 115/25kv Substation" prepared by Thomas & Hutton Engineering Co., dated November 13, 2012, and on file in the offices of the State Properties Commission; (3) The property is located on Crossroads Parkway, and its western boundary is I-95 on the Crossroads campus of Savannah Technical College which is under the custody of the Technical College System of Georgia (TCSG);

3926

JOURNAL OF THE HOUSE

(4) TCSG had two appraisals prepared on the property, and the highest appraised value of $350,000 was determined by Robert Connor & Company, Inc., and more particularly by Robert Connor, MAI, Georgia Certified General Appraiser # 000803, effective January 29, 2013; (5) Georgia Power Company ("the company") stated in a letter dated January 14, 2013, that it is desirous of the state conveying the property to the company in exchange for $385,000.00 in property to be identified by the Technical College System of Georgia and subject to approval by the State Properties Commission (SPC), or cash equivalent paid into the state treasury, or a combination thereof, in addition to Georgia Power paying all costs associated with the conveyance and the acquisition components of this transaction to include appraisals, surveys, phase I reports and any other due diligence required by the state, as determined by SPC; (6) The company and the Technical College System of Georgia have reached an agreement for the exchange of properties which is advantageous to the state; (7) The Technical College System of Georgia, by resolution dated February 7, 2013, recommended the exchange of properties; and
WHEREAS: (1) The State of Georgia ("state") is the owner by presumption of law of certain marshland located in the 7th Georgia Militia District of Chatham County, Georgia, and regulated by the Department of Natural Resources ("DNR") pursuant to the Coastal Marshlands Protection Act, Code Section 12-5-280, et seq., of the O.C.G.A. and the Governor's powers to regulate public property, Code Section 50-16-61 of the O.C.G.A.; (2) Bradley Boulevard, LLC claims a portion of the above-referenced marshland pursuant to a warranty deed dated July 19, 2006, and recorded in Deed Book 310 J Pages 310-314 of the Chatham County Clerk of Superior Court; (3) Bradley Boulevard, LLC (the "LLC"), pursuant to U.S. Corps of Engineers Permit Application # SAS-2009-00606, desires to establish, construct, operate, maintain, and monitor a proposed approximately 1,513 acre freshwater tidal marsh wetland mitigation bank on property as further described in that survey dated June 3, 2010, by surveyor Terry Mack Coleman, Georgia Registered Land Surveyor # 2486, and titled "A WETLAND SURVEY OF PARCEL 1-B, VALLAMBROSA PLANTATION, 7TH G.M. DISTRICT, CHATHAM COUNTY, STATE OF GEORGIA ("the mitigation bank property"), and to commercially sell mitigation credits from such bank in accordance with a mitigation banking instrument approved by U.S. Army Corps of Engineers ("USACE") and the compensatory mitigation rules and regulations of the USACE, (33 C.F.R. 325, 33 C.F.R. 332 and 40 C.F.R. Part 332); (4) To resolve any dispute as to ownership of the above-referenced marshland, the state as part of settlement seeks authorization to quitclaim to Bradley Boulevard, LLC all or a portion of the state's interest in the mitigation bank property; and

MONDAY, MARCH 25, 2013

3927

WHEREAS: (1) The State of Georgia seeks authorization to convey by quitclaim deed any interest it may have in approximately 861 acres of real property to resolve any claim on a portion of the eastward 1,600 acres of the Deptford Tract, known as the Tronox property, in Chatham County, Georgia; (2) The consideration for the conveyance would be the environmental cleanup of the Tronox property, listed on the Georgia hazardous site inventory as a state Superfund site; (3) Cleanup of the 861 acres would restore the economic productivity of the property and expand the well-being of the state's economy; (4) The Department of Natural Resources shall seek a resolution from its board recommending that the state quitclaim its interest in the property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chattooga County, Georgia; (2) Said real property is all that parcel or tract lying and being in the Land Lot 98, 6th District, 4th Section of Chattooga County and is more particularly described as a total of approximately 5.25 acres in an executive order dated June 29, 1990, a copy of which is on file as Real Property Record # 07951 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 in the custody of the Georgia Bureau of Investigation and was the Northwest Regional Crime Lab in Summerville, Georgia; (4) The Georgia Bureau of Investigation's funding for operations at this facility ended in March of 2010 and the lab was closed at that time, and the GBI does not plan to seek funding to re-open the facility; (5) In a September 21, 2012, letter the director of the Georgia Bureau of Investigation asked that the property be surplused in the 2013 legislative session, and a resolution was passed by the Board of Public Safety at its September 13, 2012, meeting to declare the Northwest Regional Crime Lab improved property surplus to its needs and authorize the surplusing of this property; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Crawford County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 26 of the 14th and 16th District and/or 768 and 1584 GMD of Crawford County and containing approximately 0.052 of an acre improved with a boat ramp and is more particularly described on a March 5, 2010, drawing entitled "Right-of-Way Map for Georgia Department of Transportation" in Crawford County, Project BRSTO-0154-01(012) and being on file in the offices of the State Properties Commission; and may be more

3928

JOURNAL OF THE HOUSE

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 Natural Resources; (4) The Georgia Department of Transportation is constructing a bridge replacement on State Route 128 above the Flint River near the town of Roberta as a portion of Project No: BRST-0154-01(012); (5) The Georgia Department of Transportation requests that the above-described property be owned in the name of the Georgia Department of Transportation and will purchase the property from the state for fair market value including cost to cure any damages; (6) The Board of Natural Resources, at its meeting on January 23, 2013, approved the conveyance of the above-described properties to the Georgia Department of Transportation contingent on the Georgia Department of Transportation constructing a replacement boat ramp on the same side of the river and the other side of the road; 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 all that tract or parcel lying and being in parts of Land Lots 367 and 366, 1st Land District, Albany, Dougherty County, Georgia containing approximately 1 acre together with a 20 foot access easement to be conveyed and is more particularly described on a March 22, 1977, survey drawing entitled "PLAT PROPERTY OF STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES" prepared by Ritchey M. Marbury III, Georgia Registered Land Surveyor No. 1495 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 property is located at 1906 Palmyra Road, Albany, Georgia, and being RPR # 006387 on file in the State Properties Commission office; (4) Said property is under the custody of the Department of Human Services and SubEntity Georgia Vocational Rehabilitation Agency and is the former Southwest Georgia Easter Seals building; (5) The Georgia Vocational Rehabilitation Agency has determined by letter that the property is surplus to its needs; 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 of approximately 1.82 acres of state property lying and being in Land Lot 873 of the 3rd Land District, 4th Section of Floyd County, Georgia, acquired by virtue of an assemblage of deeds making up the Cave Spring Georgia School for the Deaf campus, as recorded in the Office of the Clerk of Superior Court of Floyd County, and being on file in the offices of the State Properties

MONDAY, MARCH 25, 2013

3929

Commission, and more specifically identified as "Parcel B" on that plat of survey entitled "Plat For CITY OF CAVE SPRING" dated February 7, 1990, revised 2-27-90 and 4-1990, made by Bakkum DeLoach & Associates, more particularly N.B. DeLoach, Georgia Registered Land Surveyor No. 1392 as recorded in Plat Book 25, Page 57, in the Office of the Clerk of Superior Court of Floyd County; (3) The above 1.82 acres property is under the custody of the Georgia Department of Education as the former Talmadge Gym property, a portion of the Cave Spring Georgia School for the Deaf campus; (4) In a letter dated December 4, 2012, the State School Superintendent for the Georgia Department of Education stated the property suffers from flood damage that required the department to replace it with a new gym facility situated on the main campus, declared the property surplus to its needs and requested it be surplused in the 2013 legislative session; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Haralson County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 230 of the 5th Section of the 7th Land District of Haralson County containing approximately 10.4 acres and being more particularly described on a plat of survey for the Department of Corrections by Cleveland S. Boutwell, Jr., Georgia Registered Land Surveyor # 1704, dated April 22, 1994, and being on file in the offices of the State Properties Commission as Real Property Record # 8580; (3) The above-described property is under the custody of the Department of Corrections and was the West Georgia Inmate Boot Camp in Haralson County; (4) The Department of Corrections no longer has a need for the above-described property and has declared it surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain 0.21 of an acre parcel of improved real property including an airport hangar on the taxiway of the City of Thomson and McDuffie County Airport, in the 274 Georgia Militia District; (2) Said real property is all that parcel or tract lying and is more particularly described in a deed for the improved property of $10.00 jointly from Thomson and McDuffie dated January 28, 1967, and recorded at Deed Book 98, Pages 137-138, and in a plat recorded at Plat Book N, Page 197 recorded in the Office of the Clerk of Superior Court of McDuffie County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 04640; (3) A deed on the property to the state removing the Thomson and McDuffie reversionary interest was dated November 21, 1997, and recorded at Deed Book 102, Pages 426-428, at the same Plat Book as above, recorded in the Office of the Clerk of Superior Court of McDuffie County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 06394;

3930

JOURNAL OF THE HOUSE

(4) Said tract or parcel was formerly the site of Georgia State Patrol hangar in Thomson, now under the custody of the Department of Public Safety; (5) By resolution dated December 13, 2012, the Board of Public Safety resolved to surplus the above-described improved property, which is surplus to the needs of the department; (6) By letter of January 2, 2013, the mayor of Thomson and the McDuffie County commission chair requested that the improved property be conveyed to the city-county when surplus to the state's use; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) Said parcel is all of that tract of 2 parcels lying and being in Land Lot 307 of the 10th Land District of Mitchell County containing a total of approximately 20 improved acres and being more particularly described in Deed Book 319, Pages 197-199 and Plat book 21, Page 204 for an approximately 11.13 acre parcel and in Deed Book 387, Pages 341342 and in plat Book 24, Page 94 for an approximately 9.33 acre parcel and being on file in the offices of the State Properties Commission as Real Property Record numbers 08028 and 08592 respectively, 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 known as Pelham Probation and Detention Center; (4) The Department of Corrections no longer has a need for the above-described property and has declared it surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Land Lot 73 of the 9th District of Muscogee County, Georgia, hereinafter referred to as the "easements area" and the "conveyance area" at the North Side of the Eastern Connector and at the East side of Schatulga Road near the intersection of Forest Road, more particularly described on an engineered drawing as that approximately 0.163 of an acre permanent easement area as shown highlighted in orange, that 0.149 of an acre conveyance area as shown highlighted in yellow, and that 0.162 of an acre temporary construction easement area as shown highlighted in green on that drawing prepared for the Georgia Department of Transportation by JJG and being titled "RIGHT OF WAY EASTERN CONNECTOR FROM BUENA VISTA ROAD TO CHATTSWORTH ROAD, PROJECT STP00-8042-00(006), PI#350850," being on file in the offices of the State Properties Commission, and may be more particularly described by a survey presented to the State Properties Commission for approval; (2) Said property is in the custody of the Georgia Department of Behavioral Health and Developmental Disabilities and is a portion of the West Central Georgia Regional Hospital;

MONDAY, MARCH 25, 2013

3931

(3) The consolidated government of Columbus-Muscogee County (ColumbusMuscogee) requested in a letter dated August 14, 2012, the conveyance of the 0.149 of an acre right of way, the 0.163 of an acre nonexclusive permanent easement, and the 0.162 of an acre temporary construction easement area for construction detours solely for the purpose of the Eastern Connector from Buena Vista Road to Chattsworth Road STP008042-00(006) Muscogee County; (4) On October 15, 2012, the Georgia Department of Behavioral Health and Developmental Disabilities approved a resolution to seek General Assembly approval for conveyance of fee simple title of the right of way area and for conveyance of the nonexclusive permanent easement area and of the temporary easement area to ColumbusMuscogee; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Paulding County, Georgia; (2) Said real property is Sheffield Wildlife Management Area which is a total of 4513.42 acres in Paulding County and 4.14 acres in Bartow County. The Howell tract consists of 1047.41 acres purchased on June 19, 2012, located in Land Lots 1, 2, 3, 69, 70, 71, 72, 74, 75, 141, 142, 143, 146, 147, 148, 213, 214, 215, 218, 219, 285, 286, 287, 290, 291, 292, and 357, 3rd District, 3rd Section of Paulding County and 4.14 acres in Land Lot 1249, 4th District, 3rd Section of Bartow County. In the Paulding County portion of the Howell tract lies all that parcel or tract in Land Lot 147, 148, 213, 214, and 215 of the 3rd Land District of the 3rd Section of Paulding County and is more particularly described as 110 acres on Page 4 of 5 of a plat of survey prepared by Watts & Browning Engineers, Inc., titled Boundary Survey for the Georgia Department of Natural Resources, the Howell tract dated April 15, 2012, last revised April 25, 2012, and recorded in the Office of the Clerk of Superior Court of Paulding County in Plat Book 00057, Page 0085, a copy of 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 in the custody of the Department of Natural Resources and is part of a larger tract of 1051 acres purchased from the Howell family in June, 2012. The United States Department of Army Corps of Engineers provided $407,942.00 for stream mitigation from the In Lieu-Fee Mitigation Program to purchase the subject 110 acres of the 1051 acre Howell tract; (4) As consideration for the in-lieu funds, the Corps of Engineers requires that a Declaration of Conservation Covenants and Restrictions be placed on the 110 acre subject parcel; (5) The Department of Natural Resources seeks approval to place the restrictive covenants on the 110 acres within the Howell tract to meet the requirement of the Corps of Engineers for the in-lieu funding;

3932

JOURNAL OF THE HOUSE

(6) The Board of Natural Resources, at its meeting on August 29, 2012, approved the recording of the above-described Declaration of Conservation Covenants and Restrictions in favor of the United States Army Corps of Engineers; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Polk County, Georgia; (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 # 7819 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 in the custody of the Department of Corrections and was to be the site of the Cedartown State Prison, and a building was constructed as the Northwest Probation Detention Center (PDC) and since abandoned as surplus; (4) The 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; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Putnam County, Georgia; (2) Said real property is all that parcel or tract lying and being in the City of Eatonton, Putnam County, and is more particularly described as approximately 12.13 acres on a plat on file in the offices of the State Properties Commission inventoried as Real Property Record # 001085, and being recorded in a deed dated January 18, 1956, at Deed Rack 2X Page 198 from Putnam County Commissioners of Roads and Revenues as grantor to the State of Georgia for $60,000.00 and other valuable consideration, a copy of which is on file in the offices of the State Properties Commission, inventoried as Real Property Record # 01085; (3) Said tract or parcel was formerly the site of Putnam State Prison, now under the custody of the Department of Corrections; (4) The City of Eatonton is desirous of acquiring the above-described property for public purpose; (5) The Department of Corrections stated that the above-described improved property is surplus to the needs of the department and requested that the above-described property be conveyed to the City of Eatonton for the amount of $10.00 to be used for public purpose; and

MONDAY, MARCH 25, 2013

3933

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 a portion of that approximately 1373 acres tract or parcel of state property lying and being in Georgia Militia District 86-2 of Richmond County, Georgia, and being on file in the offices of the State Properties Commission, and being more particularly described as that approximately 0.019 of an acre along State Route 121 and Tobacco Road as indicated by that area highlighted in yellow on that right of way drawing entitled "STATE OF GEORGIA; DEPARTMENT OF TRANSPORTATION; RIGHT OF WAY MAP; PROJECT NO CSSTP-0007-00 (360)" dated December 13, 2010, last revised on July 10, 2012, made by Wolverton & Associates, Duluth, Georgia, and being on file in the offices of the State Properties Commission, to be presented to the State Properties Commission for approval; (3) The above 0.019 of an acre parcel property is under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities as a portion of the East Central Regional Hospital, Gracewood, Georgia; (4) The Georgia Department of Transportation, in a letter dated July 12, 2012, requested that the 0.019 of an acre parcel along State Route 121 and Tobacco Road be conveyed for the purpose of making traffic operation improvements, PROJECT NO CSSTP-0007-00 (360), P.I. No. 0007360, as more particularly described as Parcel 6, indicated by yellow highlighting, on that right of way drawing entitled "STATE OF GEORGIA; DEPARTMENT OF TRANSPORTATION; RIGHT OF WAY MAP; PROJECT NO CSSTP-0007-00 (360)" dated December 13, 2010, last revised on July 10, 2012, made by Wolverton & Associates, Duluth, Georgia, and being on file in the offices of the State Properties Commission; (5) The Georgia Department of Transportation requests that the above-described property be conveyed to the Georgia Department of Transportation for public purpose, for the purchase price of $10.00; (6) The Board of Behavioral Health and Developmental Disabilities, at its meeting on October 15, 2012, approved a resolution for the conveyance of the above-described property 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 Richmond County, Georgia; (2) Said real property is a portion of that approximately 456.45 acres tract or parcel of state property lying and being in Georgia Militia District 123, Richmond County, Georgia, acquired by virtue of warranty deed between Jose Goldberg, Samuel Goldberg, and Frank Goldberg as grantors, and L. G. Hardman, in his representative capacity as Governor of the State of Georgia as grantee, dated February 12, 1931, as recorded in Realty Book 12-B, Pages 586-588, in the Office of the Clerk of Superior Court of Richmond County, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 002026, and accompanying plat of survey

3934

JOURNAL OF THE HOUSE

having no title, date or maker, as being on file as Plat File Record 2026, in the Office of the Clerk of Superior Court of Richmond County, and being more particularly described as that approximately 6.45 acres as indicated by that area outlined in red, and that easement area being highlighted in yellow, on that drawing entitled "Augusta YDC" furnished by the Georgia Department of Juvenile Justice, and being on file in the offices of the State Properties Commission; (3) The approximately 6.45 acres property and easement area was formerly the old Augusta Alcohol and Drug Rehabilitation Center, Richmond County, Georgia; under the custody of the Georgia Department of Juvenile Justice; (4) By resolution dated January 24, 2013, the Board of Juvenile Justice declared the property surplus to its needs and of no future use, and resolved to surplus the abovedescribed improved property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Spalding County, Georgia, in the Second (2nd) Land District, Land Lot 110 and as described in the plat prepared by Kenneth Presley Associates, Inc., land surveyors, dated June 12, 1974; (2) Said real property is all that parcel or tract lying and being in the City of Griffin, Spalding County, and is more particularly described as approximately 5 acres in a deed for $1.00 from Spalding County dated May 21, 1975, and recorded at Deed Book 416, Page 109 and in a plat recorded at Plat Book 10, Page 199 recorded in the Office of the Clerk of Superior Court of Spalding County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 06072; (3) Said tract or parcel was formerly the site of Griffin Regional Youth Development Center, now under the custody of the Department of Juvenile Justice; (4) By resolution dated January 24, 2013, the Board of Juvenile Justice resolved to surplus the above-described improved property, which is surplus to the needs of the department; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Tattnall County, Georgia; (2) Said parcels are all of that approximately 10.62 acre parcel and approximately 210.0 acre parcel of land lying and being in Georgia Militia District 1645 of Tattnall County, being more particularly described on an exhibit titled the "Stanley Exchange Parcels" on file at the State Properties Commission office 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 10.62 acre parcel is located on Harley Road formally known as County Road 293 and the 210 acre parcel is north of the Georgia State Prison in Reidsville which is under the custody of the Department of Corrections;

MONDAY, MARCH 25, 2013

3935

(4) Stanley Farms, LLC is the owner in fee interest of approximately 19.063 acres on Harley Road formally known as County Road 293 that lies west of and adjacent to Georgia State Prison property; (5) Stanley Farms, LLC stated in an e-mail dated January 16, 2013, that it is desirous of the state conveying the above-described 10.62 acre and 210 acre state owned parcels to Stanley Farms, LLC in exchange for Stanley Farms, LLC conveying to the state the 19.063 acre Stanley parcel and payment to the state of $276,000.00 in cash; (6) Stanley Farms, LLC and the Department of Corrections have reached a letter agreement for the exchange of properties, which is advantageous to the state; (7) The Department of Corrections recommends the exchange of properties; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel lying and being in Lot No. 148, in the 12th District and 3rd Section of Whitfield County containing approximately 6.4 acres more or less ("the marker property"); being the same land conveyed to the United States of America by Mattie Springfield under deed dated September 12, 1939, recorded in Book 26, Folio 527, of the records of Whitfield County, Georgia, and is described on a 1938 survey drawing by Chas. Hartmann, Sr. Eng., titled as Plat Showing Layout of Historical Site Situated within the Property of Mattie J. Springfield at Rocky Face Gap, Whitfield County, State of Georgia 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 United States of America by and through Oscar L. Chapman, Secretary of the Interior, deeded the above property to the State of Georgia by quitclaim deed dated March 20, 1952; (4) Such property was conveyed to the state for public use in the roadside park system of the Highway Department of the State of Georgia pursuant to a federal act of September 21, 1950 (64 Stat. 896), entitled "An Act to provide for the conveyance of certain historical properties to the State of Georgia, and for other purposes"; (5) The marker property in Whitfield County was transferred by executive order dated November 30, 1955 from the custody of the Department of State Parks, Historic Sites, and Monuments to the State Highway Department, being inventoried as RPR # 002688 in the office of the State Properties Commission; (6) The Congress of the United States of America did by Public Law 91-470, as approved October 21, 1970 (84 Stat. 1039), authorized the use of the marker property for any public purpose and other than park purposes; (7) The marker property is now the Post 5 Dalton State Patrol Barracks and was transferred from the Department of Transportation to the Department of Public Safety by executive order dated December 2, 1974, being inventoried as RPR # 004665 in the office of the State Properties Commission;

3936

JOURNAL OF THE HOUSE

(8) The Department of Public Safety has determined that the approximately 5 acre undeveloped portion ("conveyance property") of the marker property is surplus to its needs and could be conveyed, provided that the recipient of the property construct and maintain a 6 foot tall barrier fence to Department of Public Safety specifications along the shared property line, and the recipient is responsible for all due diligence and recordation costs relative to the conveyance or reversion of the property to the state shall occur; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Wilkes County, Georgia; (2) Said real property is all that tract or parcel being approximately 0.93 of an acre of state property lying and being in Georgia Militia District 164, Wilkes County, Georgia acquired by virtue of warranty deed between J. D. Wynne, Mrs. Evelyn Wynne Randall, and Mrs. Annie Sue Wynne Satterfield as grantors, and the State of Georgia as grantee, dated June 8, 1955, for consideration of $10.00, as recorded in Deed Book A 71, Pages 398-400 in the Office of the Clerk of Superior Court of Wilkes County, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 001453, and on that plat of survey entitled "Plat of Survey; GEORGIA FORESTRY COMMISSION" dated May 16, 2012, made by Nelli Echols of Crawfordville, Georgia, Georgia Registered Land Surveyor No. 2098, and being on file in the offices of the State Properties Commission Real Property Record (RPR) # 001453; (3) Said tract is under the custody of the State Forestry Commission as the former Wilkes County Unit; (4) Wilkes County has expressed an interest in acquiring the above-described property for a consideration of $10.00, to be used for a public purpose; (5) The State Forestry Commission, at its meeting on March 20, 2012, declared the property surplus and of no further use to the agency, and supported the conveyance to Wilkes County for $10.00, to be used for public purpose.
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 property in Appling County and that in all matters relating to the conveyance of the approximately 6.5 acre improved real property, the State of Georgia is acting by and through its State Properties Commission.

MONDAY, MARCH 25, 2013

3937

SECTION 2. 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 a local government or state entity for a consideration of $10.00 and payment of any applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity without bid for fair market value or 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; or by competitive bid for fair market value 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 3. 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 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Appling County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above-described property interest shall remain in the Georgia Department of Natural Resources until the property is conveyed.
ARTICLE II. SECTION 7.
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 conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 8. 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 by competitive bid or as a conveyance to a public entity without bid for the fair market value or other consideration or a lease to a public or private entity for 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.

3938

JOURNAL OF THE HOUSE

SECTION 9. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11. That the deed of conveyance shall be recorded in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described property interest shall remain in the Georgia Department of Corrections until the property is conveyed.
ARTICLE III SECTION 13.
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 conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. 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 Georgia Department of Transportation with such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the Georgia Department of Transportation as grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

MONDAY, MARCH 25, 2013

3939

SECTION 18. That custody of the above-described property interest shall remain in the Georgia Department of Veterans Service until the property is conveyed.
ARTICLE IV SECTION 19.
That the State of Georgia is the owner of the above-described real property in Ben Hill County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 20. That 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 Fitzgerald or to a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 21. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 23. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Ben Hill County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 24. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed.
ARTICLE V SECTION 25.

3940

JOURNAL OF THE HOUSE

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 26. That the above-described property may be conveyed to a local government entity by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the outstanding bond balance and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 27. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 29. 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 30. That custody of the above-described property interest shall remain in the Georgia Department of Economic Development until the property is conveyed.
ARTICLE VI SECTION 31.
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 32. 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 Bibb County or to a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value and other consideration and provisions as the State

MONDAY, MARCH 25, 2013

3941

Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 33. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 34. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 35. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 36. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed.
ARTICLE VII SECTION 37.
That the State of Georgia is the owner of the above-described 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 38. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 39. 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.

3942

JOURNAL OF THE HOUSE

SECTION 40. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 41. 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 42. That custody of the above-described property interest shall remain in the Georgia Department of Juvenile Justice until the property is conveyed.
ARTICLE VIII SECTION 43.
That the State of Georgia is the owner of the above-described real property in Butts 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 44. That, given the public purpose of the project, the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Georgia Department of Transportation for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 45. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 47. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Butts County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

MONDAY, MARCH 25, 2013

3943

SECTION 48. That custody of the above-described property shall remain in the Georgia Department of Corrections until the property is conveyed.
ARTICLE IX SECTION 49.
That the State of Georgia is the owner of the above-described real property in Chatham 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 50. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described approximately 9.6 acre property to the Georgia Power Company in exchange for the company conveying to the State of Georgia property to be no less than $385,000.00 in value as determined by two appraisals performed on behalf of the State of Georgia or for $385,000.00 in cash to be deposited into the state treasury, or for a combination thereof, 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 51. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 53. That any exchanged deeds shall be recorded by Georgia Power Company in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 54. That custody of the above-described property shall remain in the Technical College System of Georgia until the exchange has been consumated.
ARTICLE X SECTION 55.
That the State of Georgia is the presumptive owner of certain marshland, located in Chatham County, Georgia, as described above, and may be more particularly described

3944

JOURNAL OF THE HOUSE

by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 56. That the Georgia General Assembly has declared that activities in the state's coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and that the Georgia General Assembly has authorized DNR to administer and enforce the Coastal Marshlands Protection Act, Code Section 12-5-280, et seq., of the O.C.G.A. Furthermore, the Governor has authorized DNR to act on his behalf on all requests to utilize state owned water bottoms covered by tidal waters which are in his custody and control, Code Section 50-16-61 of the O.C.G.A.
SECTION 57. That Bradley Boulevard, LLC desires to, at its sole cost and expense, establish, construct, operate, maintain, and monitor a freshwater tidal marsh wetland mitigation bank on the mitigation bank property in accordance with a mitigation banking instrument approved by the USACE and the compensatory mitigation rules and regulations of the USACE (33 C.F.R. Section 325 and 33 C.F.R. Section 332 and 40 C.F.R. Part 332).
SECTION 58. That to resolve any dispute as to ownership of the above-referenced marshland, the State Properties Commission is authorized to quitclaim the state's interest in the mitigation bank property as part of a settlement.
SECTION 59. That the State Properties Commission is authorized to require a more particular description of the restricted area that comprises all or part of the property.
SECTION 60. That any quitclaim deed shall be recorded by Bradley Boulevard, LLC in the office of the Clerk of the Superior Court of Chatham County, and Bradley Boulevard, LLC shall provide a copy of the recorded deed promptly to the State Properties Commission to be inventoried and retained by the State Properties Commission.
SECTION 61. That the authorization in this resolution shall expire three years after the date that this resolution becomes effective.
SECTION 62. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the quitclaim of said property.

MONDAY, MARCH 25, 2013

3945

ARTICLE XI SECTION 63.
That the State Properties Commission, acting on behalf of the State of Georgia, is authorized to convey by quitclaim deed any of its interest in all or part of the property to resolve any claim on any portion of approximately 861 acres of the eastward 1,600 acres of the Deptford Tract, known as the Tronox property in Chatham County.
SECTION 64. That the consideration for such conveyance shall be the environmental cleanup of property on the Georgia hazardous site inventory as a state Superfund site.
SECTION 65. That any quitclaim deed(s) for all or part of the property shall be recorded by the grantee in the office fo the Clerk of the Superior Court of Chatham County with the original retained by the State Properties Commission and a recorded copy forwarded to the Georgia Environmental Protection Division by the grantee.
SECTION 66. That the authorization in this resolution to make the above-described conveyance shall expire three years after the date that this resolution becomes effective.
SECTION 67. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the restriction on said properties.
ARTICLE XII SECTION 68.
That the State of Georgia is the owner of the above-described real property in Chattooga 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 69. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value and other consideration and provisions as the State

3946

JOURNAL OF THE HOUSE

Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 70. 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 71. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 72. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chattooga County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 73. That custody of the above-described property interest shall remain in the Georgia Bureau of Investigation until the property is conveyed.
ARTICLE XIII SECTION 74.
That the State of Georgia is the owner of the above-described real property in Crawford 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 75. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, as a sale to the Georgia Department of Transportation for the fair market value and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 76. 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 77. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

MONDAY, MARCH 25, 2013

3947

SECTION 78. That the deed of conveyance shall be recorded by the Georgia Department of Transportation as grantee in the Superior Court of Crawford County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 79. That custody of the above-described property interest shall remain in the Georgia Department of Natural Resources until the property is conveyed.
ARTICLE XIV SECTION 80.
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 81. 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 by competitive bid or a conveyance to a public entity for the fair market value without bid or to a local government entity for $10.00 for public purpose and the payment of any outstanding bonds 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 82. 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 83. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 84. 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 85. That custody of the above-described property interest shall remain in the Georgia Vocational Rehabilitation Agency until the property is conveyed.

3948

JOURNAL OF THE HOUSE

ARTICLE XV SECTION 86.
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 87. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 88. That the authorization in this resolution to convey the above-described property 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 such conveyance.
SECTION 90. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Floyd County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 91. That custody of the above-described property shall remain in the Georgia Department of Education until the property is conveyed.
ARTICLE XVI SECTION 92.
That the State of Georgia is the owner of the above-described real property in Haralson County and that in all matters relating to the conveyance or lease of the real property, the State of Georgia is acting by and through its State Properties Commission.

MONDAY, MARCH 25, 2013

3949

SECTION 93. 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 by competitive bid for fair market value, or by a conveyance to Haralson County or other local government entity for $10.00 if used for public use, or sold to a local government without a competitive bid for fair market value or other consideration as determined by the State Properties Commission, or leased to a public or private entity for 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 94. That the authorization in this resolution to convey the above-described property interest by quitclaim deed or lease shall expire three years after the date that this resolution becomes effective.
SECTION 95. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 96. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Haralson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 97. That custody of the above-described property interest shall remain in the Georgia Department of Corrections until the property is conveyed.
ARTICLE XVII SECTION 98.
That the State of Georgia is the owner of the above-described real property in McDuffie County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 99. That the above-described improved property, having no other use to the state, may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, jointly to the City of Thompson and McDuffie County or a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; or to a local government or state entity for fair market value and other consideration and provisions as the State Properties Commission

3950

JOURNAL OF THE HOUSE

shall in its discretion determine to be in the best interest of the State of Georgia; or by competitive bid for fair market value 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 100. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 101. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 102. That the deed of conveyance shall be recorded by the grantees in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 103. That custody of the above-described property interest shall remain in the Georgia Department of Public Safety until the property is conveyed.
ARTICLE XVIII SECTION 104.
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 105. 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 for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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.

MONDAY, MARCH 25, 2013

3951

SECTION 106. That the authorization in this resolution to sell or convey the above-described real property shall expire three years after the date that this resolution becomes effective.
SECTION 107. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 108. 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 109. That custody of the above-described properties shall remain in the Department of Corrections until the property is conveyed or leased.
ARTICLE XIX SECTION 110.
That the State of Georgia is the owner of the above-described real properties located in Muscogee County and that in all matters relating to the granting of the above-described nonexclusive easement and the temporary construction easement on the real property easement areas and of the fee simple conveyance of the right of way conveyance area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 111. 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 temporary construction easement and such fee simple conveyance by appropriate instruments for the State of Georgia, including the execution of all necessary documents.
SECTION 112. That Columbus-Muscogee shall have the right to remove or cause to be removed from such easement areas only such trees and bushes as may be reasonably necessary for the purpose of constructing the Eastern Connector project. That, after Columbus-Muscogee has put into use the road improvements for which these easements are 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 in this resolution. Upon abandonment, Columbus-Muscogee, or its successors and assigns, shall have the option of removing their facilities from the easement areas 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.

3952

JOURNAL OF THE HOUSE

SECTION 113. That title shall be conveyed to Columbus-Muscogee of only that right of way conveyance property area for the Eastern Connector project, and no title shall be conveyed to Columbus-Muscogee for that permanent easement area and temporary construction easement area and, except as specifically granted to Columbus-Muscogee in this resolution, all rights, title, and interest in and to said easement areas are 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 Columbus-Muscogee.
SECTION 114. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Columbus-Muscogee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Columbus-Muscogee. 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 115. That the fee simple conveyance of right of way area and granting of the specified use of the nonexclusive easement and the temporary construction easement areas granted to Columbus-Muscogee 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 conveyance and easement areas, so long as the descriptions utilized by the State Properties Commission describes the same easement area granted in this resolution.
SECTION 116. 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

MONDAY, MARCH 25, 2013

3953

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 117. That the consideration for such easements and such conveyance shall be $11,500.00, and the consideration for in-kind services shall be $3,400.00 for the reconstruction of a fence that must be moved to carry out these improvements, for a total combined consideration of $14,900.00, 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 118. That the nonexclusive easement and the conveyance deed shall be recorded by Columbus-Muscogee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 119. That the authorization to issue the above-described documents shall expire three years after the date this resolution becomes effective.
SECTION 120. That custody of the above-described property interest shall remain in the Georgia Department of Behavioral Health and Developmental Disabilities until the property is conveyed.
ARTICLE XX SECTION 121.
That the State of Georgia is the owner of the above-described real property in Paulding County and that in all matters relating to the conveyance of a real property interest in the Covenant Restriction, the State of Georgia is acting by and through its State Properties Commission.
SECTION 122. That the above-described property interest may be designated by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, with a Declaration of Conservation Covenants and Restrictions 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.

3954

JOURNAL OF THE HOUSE

SECTION 123. 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 124. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 125. That the Declaration of Conservation Covenants and Restrictions shall be recorded by the Georgia Department of Natural Resources in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 126. That custody of the above-described property interest shall remain in the Georgia Department of Natural Resources.
ARTICLE XXI SECTION 127.
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 conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 128. 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 by direct sale to a public entity for fair market value and other consideration as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia; by lease to a public or private entity for fair market value; or by conveyance to a local government entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments, so long as the property is used for public purpose and retirement of any outstanding bonds 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 129. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

MONDAY, MARCH 25, 2013

3955

SECTION 130. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 131. That the deed of conveyance or 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 132. That custody of the above-described property shall remain in the Georgia Department of Corrections until the property is conveyed.
ARTICLE XXII SECTION 133.
That the State of Georgia is the owner of the above-described real property in Putnam 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 134. 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 Eatonton or to a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 135. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 136. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

3956

JOURNAL OF THE HOUSE

SECTION 137. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Putnam County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 138. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE XXIII SECTION 139.
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 140. That, given the public purpose of the project, the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Georgia Department of Transportation for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 141. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 142. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 143. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 144. That custody of the above-described property shall remain in the Georgia Department of Behavioral Health and Developmental Disabilities until the property is conveyed.

MONDAY, MARCH 25, 2013

3957

ARTICLE XXIV SECTION 145.
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 146. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 147. 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 148. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 149. 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 150. That custody of the above-described property interest shall remain in the Georgia Department of Juvenile Justice until the property is conveyed.
ARTICLE XXV SECTION 151.
That the State of Georgia is the owner of the above-described real property in Spalding 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.

3958

JOURNAL OF THE HOUSE

SECTION 152. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 153. 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 154. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 155. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Spalding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 156. That custody of the above-described property interest shall remain in the Georgia Department of Juvenile Justice until the property is conveyed.
ARTICLE XXVI SECTION 157.
That the State of Georgia is the owner of the above-described real property in Tattnall 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 158. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey by quitclaim deed the above-described state owned property, being approximately 10.62 acre parcel and an approximately 210 acre parcel, to Stanley Farms, LLC in exchange for Stanley Farms, LLC conveying to the State of Georgia approximately 19.063 acres and $276,000.00 in cash, and such further consideration and

MONDAY, MARCH 25, 2013

3959

provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 159. That the authorization in this resolution to convey the above-described 10.62 acre and 210 acre properties shall expire three years after the date this resolution becomes effective.
SECTION 160. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 161. That the exchanged deeds 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 162. That custody of the above-described property shall remain in the Department of Corrections until the properties are conveyed.
ARTICLE XXVII SECTION 163.
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 conveyance property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 164. That the above-described approximately 5 undeveloped acres of property (the conveyance property) may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Whitfield County or other local government entity for $10.00, provided that the recipient of the property construct and maintain a 6 foot tall barrier fence to Department of Public Safety specifications along the shared property line, and the recipient is responsible for all due diligence and recordation costs relative to the conveyance or reversion of the property to the state shall occur, and the property shall be used only for public use and held by a local or state government entity for the operation and interpretation of the Rocky Face Marker Site and Civil War battlefield and entrenchments and for historic site preservation and conservation 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.

3960

JOURNAL OF THE HOUSE

SECTION 165. 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 166. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 167. 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 168. That custody of the conveyance property shall remain in the Department of Public Safety until the property is conveyed.
ARTICLE XXVIII SECTION 169.
That the State of Georgia is the owner of the above-described real property in Wilkes 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 170. 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 Wilkes County or a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 171. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 172. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

MONDAY, MARCH 25, 2013

3961

SECTION 173. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Wilkes County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 174. That custody of the above-described property shall remain in the State Forestry Commission until the property is conveyed.

ARTICLE XXIX SECTION 175.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

ARTICLE XXX SECTION 176.

That all laws and parts of laws in conflict with this resolution are repealed.

Representative Neal of the 2nd moved that the House agree to the Senate substitute to HR 205.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley
Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan
Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons E Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall

Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites

3962

JOURNAL OF THE HOUSE

Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin
Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 164, 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 bills of the House:

HB 274. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, Stephens of the 164th, Smith of the 134th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, so as to regulate the practice of falconry; to repeal conflicting laws; and for other purposes.

HB 298. By Representatives Dickey of the 140th, Harden of the 148th, Watson of the 172nd, Epps of the 144th, Shaw of the 176th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Georgia Grown Products; to provide for the operation and function of the commodity commission; to amend Code Section 2-8-10 of the Official Code of Georgia Annotated, relating to nonapplicability of Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, so as to exclude the Agricultural Commodity Commission for Georgia Grown Products from the provisions of such article; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 25, 2013

3963

HB 304. By Representatives McCall of the 33rd, Black of the 174th, England of the 116th, Shaw of the 176th, Watson of the 172nd and others:
A BILL to be entitled an Act to amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to freeport exemption, so as to clarify the applicability of an exemption to fertilizer production processes; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Speaker assumed the Chair.
The Speaker announced the House in recess for fifteen minutes.
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 246. By Representatives Golick of the 40th, Smith of the 134th, Neal of the 2nd and Shaw of the 176th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to provide benefit programs to its officers, employees, and other agents, including a retirement plan and a group insurance plan; to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to extend the option to elect coverage in the program to the authority; 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:

3964

JOURNAL OF THE HOUSE

SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; 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: Ginn of the 47th, Staton of the 18th, and Loudermilk of the 14th.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 315. By Representatives Cooper of the 43rd, Clark of the 101st, Rynders of the 152nd, Kaiser of the 59th, Jones of the 53rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:
SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 25, 2013

3965

Representative Jasperse of the 11th moved that the House adhere to its position in insisting on its substitute to SB 101 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 Meadows of the 5th, Jasperse of the 11th and Powell of the 32nd.
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 312. By Representatives Carson of the 46th, Golick of the 40th, Smith of the 134th, Brockway of the 102nd, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, so as to provide for comprehensive revision of the provisions regulating insurance holding company systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 389. By Representatives Taylor of the 173rd, Smith of the 134th, Meadows of the 5th, Shaw of the 176th, Rogers of the 29th 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 sunset requirements to provide conversion and enhanced conversion rights and coverage; to add new provisions allowing for the discontinuance of conversion and enhanced conversion coverage; to sunset certain provisions related to the assignment system; to add new provisions allowing for the discontinuance of assignment system benefit plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 458. By Representatives Atwood of the 179th, Williams of the 119th, Smith of the 134th, Weldon of the 3rd, Peake of the 141st and others:

3966

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 44-3-94 of the Official Code of Georgia Annotated, relating to damage or destruction of units, restoration, vote not to restore, and allocation of insurance deductible, so as to change the maximum allowable casualty insurance deductible imposed by condominium associations; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; 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 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 25, 2013

3967

Representative Golick of the 40th moved that the House insist on its position in amending the Senate substitute to HB 142 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives O`Neal of the 146th, Golick of the 40th and Meadows of the 5th.
HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th, Dempsey of the 13th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to provide for conditions, procedures, and limitations; to amend Code Section 487-40.30 of the Official Code of Georgia Annotated, relating to an income tax credit for certain qualified investments for a limited period of time, so as to extend such income tax credit; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide a sales tax exemption for materials to be used in certain construction projects of zoological institutions; to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3968

JOURNAL OF THE HOUSE

SECTION 1. Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the SeedCapital Fund, is amended by designating Code Sections 10-10-1 through 10-10-7 as Article 1.
SECTION 2. Said chapter is further amended by revising Code Section 10-10-1, relating to definitions, as follows:
"10-10-1. As used in this chapter article, the term:
(1) 'Board' means the Board of Regents of the University System of Georgia. (2) 'Center' means the Advanced Technology Development Center created by the board and acknowledged and empowered to administer the fund by Article III, Section IX, Paragraph VI(g) of the Constitution of Georgia. (3) 'Enterprise' means a corporation, partnership, limited liability company, or other legal entity that has its principal place of business in this state and that is engaged in an entrepreneurial business, including, but not limited to, tenants of incubators. For the purposes of this chapter article, an enterprise shall not be considered to be engaged in an entrepreneurial business unless it is engaged in innovative work in the areas of technology, bioscience, manufacturing, marketing, agriculture, or information related ventures that will increase the state's share of domestic or international markets. An enterprise engaged primarily in business of a mercantile nature shall not be considered engaged in an entrepreneurial business. An enterprise shall be required to be young, as determined by the center. (4) 'Equity contribution' means:
(A) Moneys from the fund used to make direct investments by the state in qualified securities of enterprises; and (B) The capital of an investment entity contributed by the fund, as created in Code Section 10-10-3, and contributed by other investors, which capital shall be used by the investment entity to make investments in qualified securities of one or more enterprises as provided by this chapter article and to pay the expenses of the investment entity but shall not include any current or accumulated income of the investment entity. (5) 'Fund' means the Seed-Capital Fund created in Code Section 10-10-3. (6) 'Incubator' means a facility that leases small units of space to tenants and which maintains or provides access to business development services for use by the tenants or member firms. (7) 'Investment entity' means a limited partnership, a limited liability company, or other legal entity, including, without limitation, any such entity as to which the state is the sole limited liability owner, providing limited liability to its owners that is formed to receive, in part, an investment by the fund or an equity return of investment from a fund loan and for which a general partner or manager manages the equity contributions by making investments in qualified securities of one or more enterprises

MONDAY, MARCH 25, 2013

3969

or, in the case of an investment entity as to which the state is the sole limited liability owner, in another investment entity, as permitted by this chapter article and by paying the expenses of the investment entity. (8) 'Loan' means an advance of money from the fund to an enterprise or an investment entity on such terms as the center shall set, including, but not limited to, an absolute promise to repay the principal amount of the loan made by the recipient enterprise, and any return on investment that the center may require as a term or condition of the loan, which may include, but not be limited to, simple or compound interest or any form of equity participation. (9) 'Qualified security' means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option, warrant, or right to subscribe to or purchase any of the foregoing of an enterprise. (10) 'State' means the State of Georgia."
SECTION 3. Said chapter is further amended by revising Code Section 10-10-3, relating to moneys in the fund to be handled in accordance with policies authorized by the board, as follows:
"10-10-3. (a) The fund is created as a separate fund maintained by the board or a body designated by the board and shall be expended only as provided in this chapter article. Pending their use as equity contributions or as loans, the moneys in the fund may be invested and reinvested in accordance with the investment policies authorized by the board or its designee. The entire cost of administration of the fund, including expenses of the center incurred in connection with the creation, operation, management, liquidation, and investment of fund moneys in enterprises, directly or through investment entities, may be paid from the assets of the fund. All moneys appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (b) The fund shall consist of all moneys authorized by law for deposit in the fund, including, but not limited to, gifts, grants, private donations, and funds by government entities authorized to provide funding for the purposes authorized for use of the fund and any payments or returns on investments made by the center. (c) In return for equity contributions by the fund, at the discretion of the center, the state will shall receive either direct ownership of qualified securities of an enterprise or a limited liability ownership in an investment entity either directly or indirectly through an investment entity as to which the state is the sole limited liability owner as permitted in subsection (c) of Code Section 10-10-4 with rights accruing from investments in qualified securities by the investment entity. With respect to loans made from the fund,

3970

JOURNAL OF THE HOUSE

the state shall receive repayment of the loan in accordance with its terms, with cash proceeds or other assets from such repayments being deposited in or held through the fund. Additional returns to the state will shall be secured through the establishment and growth of innovative enterprises that create new, value added products, processes, and services and encourage growth and diversification in the economy of the state. (d) Disbursements from the fund shall be made upon the instruction of the center director in accordance with the policies of the board. (e) The center, subject to the approval of the board or its designee, shall be authorized to contract and have contracts and other legal documents prepared to carry out the provisions of this chapter article. (f) The board shall have the authority to issue policies governing the management and operation of the fund as needed."
SECTION 4. Said chapter is further amended by revising Code Section 10-10-6, relating to distribution to be deposited in the fund, as follows:
"10-10-6. All distributions made by an investment entity allocable to the state's limited partner interest or membership interest therein; all cash proceeds with respect to any loan, whether interest, the repayment of principal, or other amounts; or proceeds of the sale or transfer of qualified securities held directly by the fund shall be deposited in the fund for future investment in other investment entities, in other qualified securities of enterprises, for making loans as provided in this chapter article, or to pay the cost of administration of the fund as provided in this chapter article."
SECTION 5. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 2
10-10-10. Pursuant to the authority granted in Article III, Section IX, Paragraph VI(g) of the Constitution, there is hereby created the Invest Georgia Fund as a distinct component of the Seed-Capital Fund. The General Assembly declares that its purpose in creating the Invest Georgia Fund and enacting this legislation is to increase the amount of private investment capital available in this state for Georgia based business enterprises in the seed, early, or growth stages of business development and which require funding, as well as for established Georgia based business enterprises developing new methods or technologies, including the promotion of research and development purposes, thereby increasing employment, creating additional wealth, and otherwise benefitting the economic welfare of the people of this state. Accordingly, it is the intention of the General Assembly that the Invest Georgia Fund make investments in support of Georgia based business enterprises in accordance with the investment policy authorized

MONDAY, MARCH 25, 2013

3971

and required under this article and focus its investment policy principally on venture capital funds and private equity organizations that invest in Georgia based business enterprises.
10-10-11. As used in this article, the term:
(1) 'Affiliate' means: (A) A person who, directly or indirectly, beneficially owns, controls, or holds power to vote any outstanding voting securities or other voting ownership interests of a venture capital firm; or (B) A person whose outstanding voting securities or other voting ownership interests are directly or indirectly beneficially owned, controlled, or held with power to vote by a venture capital firm.
(2) 'Board' means the Invest Georgia Board created under Code Section 10-10-12. (3) 'Center' means the Advanced Technology Development Center. (4) 'Contributed capital' means the amount of money contributed to the Invest Georgia Fund by any authorized method. (5) 'Designated capital' means the amount of money committed and invested by the Invest Georgia Fund into individual early stage venture capital funds or growth stage venture capital funds. (6) 'Early stage venture capital fund' means:
(A) A fund that has at least one principal employed to direct the investment of the designated capital; (B) A fund whose principals have at least five years of experience in the venture capital, angel capital, or private equity sector by investing primarily in Georgia domiciled companies or a fund whose managers have been based, as defined by having an office, in the State of Georgia; (C) At the discretion of the fund administrator and the board, one or more early stage venture capital funds that are first-time Georgia based funds, so long as the fund managers have at least five years of experience in venture capital or angel capital investing in Georgia based business enterprises; and (D) A fund which has as its primary investment strategy the achievement of transformational economic development outcomes through focused investments of capital in seed or early stage businesses with high growth potential. The fund principals must have demonstrated the ability to lead investment rounds, advise and mentor entrepreneurs, and facilitate follow-on investments. A minimum of 10 percent of the committed capital of the fund must be committed by the institutional investors, fund principals, or other accredited investors. (7) 'Fund administrator' means a state appointed investment advisory firm consisting of experienced investment professionals that will actively pursue investment opportunities for the State of Georgia. The investment advisory firm will evaluate and select Georgia based venture capital funds, in conjunction with the Invest Georgia Board, through a rigorous due diligence process.

3972

JOURNAL OF THE HOUSE

(8) 'Growth stage venture capital fund' means: (A) A fund having its principal office and a majority of its employees in Georgia that has at least two principals employed to direct the investment of the designated capital; (B) A fund whose principals have at least five years of experience in the venture capital, angel capital, or private equity sector by investing primarily in Georgia domiciled companies or a fund whose principals have been based, as defined by having an office in the State of Georgia; and (C) A fund which has as its primary investment strategy the achievement of transformational economic development outcomes through focused investments of capital in growth stage businesses with high return potential. The fund principals must have demonstrated the ability to lead investment rounds, advise and mentor entrepreneurs, and facilitate follow-on investments. A minimum of 50 percent of the committed capital of the fund must be committed by the institutional investors, fund principals, or other accredited investors.
(9) 'Invest Georgia Fund' means the fund created under the provisions of Code Section 10-10-15 to hold the money collected for the purposes of this article. (10) 'Qualified distribution' means any distribution or payment by the Invest Georgia Fund in connection with any of the following:
(A) Costs and expenses of forming, syndicating, and organizing the Invest Georgia Fund, including fees paid for professional services, and the costs of financing and insuring the obligations of the Invest Georgia Fund, provided such payments are not made to a participating investor; (B) An annual management fee in accordance with a fund's partnership agreement, and consistent with such fund's other private investors, to offset the costs and expenses of managing and operating the Invest Georgia Fund; or (C) Reasonable and necessary fees in accordance with industry custom for ongoing professional services, including, but not limited to, legal and accounting services related to the operation of the Invest Georgia Fund, but not including any lobbying or governmental relations. (11) 'Qualified early stage business' or 'seed' business means a business that, at the time of the first investment in the business by a venture capital firm: (A) Has its headquarters located in the State of Georgia; (B) Has its principal business operations located in the State of Georgia and intends to maintain its principal business operations in this state after receiving an investment from the venture capital firm. In order to discourage the business from relocating outside Georgia within three years from the date of an initial investment, the investment in the business shall be subject to redemption by the venture capital firm within one year from the time the business relocates its principal business operations outside this state, unless the business maintains a significant presence in Georgia as determined by relative number of employees or relative assets remaining in Georgia following the relocation; (C) Has 20 or fewer employees;

MONDAY, MARCH 25, 2013

3973

(D) Has a current gross annual revenue run rate of less than $1 million; (E) Has not obtained during its existence more than $2 million in aggregate cash proceeds from the issuance of its equity or debt investments, not including commercial loans from chartered banks or savings and loan institutions; and (F) Does not engage substantially in:
(i) Retail sales; (ii) Real estate development or construction; (iii) Entertainment, amusement, recreation, or athletic or fitness activity for which an admission is charged; (iv) The business of insurance, banking, lending, financial, brokerage, or investment activities; (v) Natural resource extraction, including, but not limited to, oil, gas, or biomass; or (vi) The provision of professional services by accountants, attorneys, or physicians. A business classified as a qualified early stage business at the time of the first qualified investment in such business shall remain classified as a qualified early stage business and may receive continuing qualified investments from venture capital firms participating in the Invest Georgia Fund. Continuing investments shall constitute qualified investments even though the business may not meet the definition of a qualified early stage business at the time of such continuing investments. (12) 'Qualified growth stage business' means a business that, at the time of the first investment in the business by a venture capital firm: (A) Has its headquarters located in the State of Georgia; (B) Is a corporation, limited liability company, or a general or limited partnership located in this state; (C) Has its principal business operations located in the State of Georgia and intends to maintain its principal business operations in this state after receiving an investment from the venture capital firm. In order to discourage the business from relocating outside Georgia within three years from the date of initial investment, the investment in the business shall be subject to redemption by the venture capital firm within one year from the time the business relocates its principal business operations outside this state, unless the business maintains a significant presence in Georgia as determined by relative number of employees or relative assets remaining in Georgia following the relocation; (D) Has 100 or fewer employees; (E) Has a current gross annual revenue run rate of more than $1 million; and (F) Does not engage substantially in: (i) Retail sales; (ii) Real estate development or construction; (iii) Entertainment, amusement, recreation, or athletic or fitness activity for which an admission is charged;

3974

JOURNAL OF THE HOUSE

(iv) The business of insurance, banking, lending, financial, brokerage, or investment activities; (v) Natural resource extraction, including, but not limited to, oil, gas, or biomass; or (vi) The provision of professional services by accountants, attorneys, or physicians. A business classified as a qualified growth stage business at the time of the first qualified investment in such business shall remain classified as a qualified growth stage business and may receive continuing qualified investments from venture capital firms participating in the Invest Georgia Fund. Continuing investments shall constitute qualified investments even though the business may not meet the definition of a qualified growth stage business at the time of such continuing investments. (13) 'Qualified investment' means the investment of money by the Invest Georgia Fund in each early stage venture capital fund or growth stage venture capital fund selected by the fund administrator.
10-10-12. (a) There is hereby created the Invest Georgia Board, which shall exercise the powers and perform the duties prescribed by this article. The exercise by the board of its powers and duties is hereby declared to be an essential state governmental function. The board shall be subject to all laws generally applicable to state agencies and public officials, to the extent those laws do not conflict with the provisions of this article. (b) The board shall consist of three members appointed by the Governor, one member appointed by the Lieutenant Governor, and one member appointed by the Speaker of the House of Representatives. Each appointed member shall be a resident of Georgia and shall have experience in at least one of the following areas:
(1) Early stage, angel, or venture capital investing; (2) Growth stage venture capital investing; (3) Fund of funds management; or (4) Entrepreneurship. No member of the board shall be an affiliate of any venture capital fund that is selected to perform services for the board or of an insurance company. (c) The commissioner of economic development and a member of the One Georgia Authority or their designees shall serve as nonvoting members of the board. (d) Initial appointees to the board shall serve staggered terms, with all of the initial terms beginning within 30 days of the effective date of this Code section. The terms of one member appointed by the Governor and the members appointed by the Lieutenant Governor and the Speaker of the House of Representatives shall expire on December 31, 2016. The terms of the other two initial appointments by the Governor shall expire on December 31, 2018. Thereafter, terms of office for all appointees shall be for four years, with each term ending on the same day of the same month as did the term that it succeeds. A vacancy on the board shall be filled in the same manner as the original appointment, except that a person appointed to fill a vacancy shall be appointed to the

MONDAY, MARCH 25, 2013

3975

remainder of the unexpired term. Any appointed member of the board shall be eligible for reappointment. (e) A member of the board may be removed by such member's appointing official for misfeasance, willful neglect of duty, or other cause, after notice and a public hearing, unless the notice and hearing are waived in writing by such member. (f) Members of the board shall serve without compensation. The Governor shall designate a member of the board to serve as chairperson. A majority of the voting members of the board shall constitute a quorum, and the affirmative vote of a majority of the voting members present shall be necessary for any action taken by the board. A vacancy in the membership of the board shall not impair the right of a quorum to exercise all rights and perform all duties of the board. (g) The board shall have the power:
(1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise, including acquisition of land from the state government, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purpose and to enter into any contracts, leases, or other charges for the use of property or services of the board and collect and use the same as necessary to operate the board; and to accomplish any of the purposes of this article and make any purchases or sales necessary for such purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purpose, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of such property, or dispose of the same in any manner it deems to be to the best advantage of the board; (4) To appoint, select, and employ officers, agents, and employees, including real estate, environmental, engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, authorities, or agencies of the state and federal government are authorized to enter into contracts, leases, or agreements with the board upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, political subdivisions, and to the board relative to entering into contracts, lease agreements, or other undertakings authorized between the board and private corporations, both inside and outside this state, and between the board and public bodies, including counties and cities outside this state and the federal government; (6) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require;

3976

JOURNAL OF THE HOUSE

(7) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any authority, agency, or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such authority, agency, or instrumentality or political subdivision may require; (8) To exercise any power usually possessed by private corporations performing similar functions, provided that no such power is in conflict with the Constitution or general laws of this state; and (9) To do all things necessary or convenient to carry out the powers expressly given in this article. (h) The center shall provide the board with office space and such technical assistance as the board requires, and the board shall be attached to the center for administrative purposes. The center shall also consult with the board in connection with the administration of the Invest Georgia Fund created under this article.
10-10-13. The board's primary responsibilities shall include:
(1) Establishing an investment policy for the selection of a fund administrator; (2) Selecting a fund administrator to administer the provisions of this article; (3) Giving final approval to allocations of designated capital to the venture capital funds selected by the fund administrator; (4) Executing and overseeing the contracts of the fund administrator in order to assure compliance with this article; and (5) Establishing a policy with respect to use of capital and profits returned to the state pursuant to the provisions of Code Section 10-10-19.
10-10-14. (a) The fund administrator shall be selected by the board through a transparent open bid process and shall be responsible for administering the Invest Georgia Fund and for making all venture capital fund selections in accordance with the investment policies developed by the board or contained in this article. (b) The fund administrator shall be responsible for selecting a group of Georgia based venture capital funds in two categories, seed or early stage venture capital funds and growth stage venture capital funds. (c) The early stage venture capital funds shall invest primarily in early or seed stage businesses and shall be selected using a transparent open bid process pursuant to guidelines developed by the board. The fund administrator shall ensure that a diverse cross section of industry sectors is represented by the selected funds, including technology, health care, life sciences, agribusiness, logistics, energy, and advanced manufacturing. (d) The growth stage venture capital funds shall be selected using a transparent open bid process pursuant to guidelines developed by the board. The fund administrator shall ensure that a diverse cross section of industry sectors is represented by the

MONDAY, MARCH 25, 2013

3977

selected funds, including technology, health care, life sciences, agribusiness, logistics, energy, and advanced manufacturing. (e) In the selection of the early stage venture capital funds and the growth stage venture capital funds, the fund administrator shall consider the following factors:
(1) The management structure of the venture capital fund, including: (A) The investment experience of the principals; (B) The applicant's reputation in the venture capital firm industry and the applicant's ability to attract coinvestment capital and syndicate investments in qualified businesses in Georgia; (C) The knowledge, experience, and capabilities of the applicant in subject areas relevant to venture stage businesses in Georgia; and (D) The tenure and turnover history of principals and senior investment professionals of the venture capital fund;
(2) The venture capital fund's investment strategy, including: (A) The applicant's record of performance in investing in early and growth stage businesses; (B) The applicant's history of attracting coinvestment capital and syndicate investments; (C) The soundness of the applicant's investment strategy and the compatibility of that strategy with business opportunities in Georgia; and (D) The applicant's history of job creation through investment;
(3) The venture capital fund's commitment to making investments that, to the fullest extent possible:
(A) Create employment opportunities in Georgia; (B) Lead to the growth of the Georgia economy and qualified businesses in Georgia; (C) Complement the research and development projects of Georgia academic institutions; and (D) Foster the development of technologies and industries that present opportunities for the growth of qualified businesses in Georgia; and (4) The venture capital fund's commitment to Georgia, including: (A) The applicant's presence in Georgia through permanent local offices or affiliation with local investment firms; (B) The local presence of senior investment professionals; (C) The applicant's history of investing in early and growth stage businesses in Georgia; (D) The applicant's ability to identify investment opportunities through working relationships with Georgia research and development institutions and Georgia based businesses; and (E) The applicant's commitment to investing an amount that matches or exceeds the amount of the applicant's designated capital received under this article in Georgia based qualified early stage businesses and qualified growth stage businesses.

3978

JOURNAL OF THE HOUSE

(f) A venture capital fund shall file an application with the board in the form required by the fund administrator. The board shall begin accepting applications no later than 60 days after the initial appointments.
10-10-15. (a) The Invest Georgia Fund is created as a separate fund maintained by the board, and moneys shall be expended only as provided in this article. (b) The Invest Georgia Fund shall be capitalized through grants from the Seed-Capital Fund, designated appropriations to the center, and private contributions to the board. (c) The capital raised shall be periodically distributed to the venture capital funds selected by the fund administrator pursuant to Code Section 10-10-14. (d) All moneys appropriated to or otherwise paid into the Invest Georgia Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (e) The entire cost of administration of the Invest Georgia Fund, including expenses of the center incurred in connection with the creation, operation, management, liquidation, and investment of fund moneys may be paid from the assets of the Invest Georgia Fund.
10-10-16. The Invest Georgia Fund may be funded over a five-year period through guidelines developed by the board. In the first year of the Invest Georgia Fund, the state may provide $10 million to the Invest Georgia Fund; in the second year, $15 million; in the third year, $15 million; in the fourth year, $25 million; and in the fifth year, $35 million.
10-10-17. (a) As soon as practicable after the board receives contributed capital, the board and each selected venture capital fund that has been allocated designated capital shall enter into a contract under which the allocated amount of designated capital shall be committed by the board to the selected venture capital funds for investment pursuant to this article. (b) The board shall allocate designated capital as follows:
(1) Early stage venture capital funds: 40 percent of the total contributed capital in the Invest Georgia Fund shall be allocated among the early stage venture capital funds, in accordance with the following eligibility conditions and requirements:
(A) Each early stage venture capital fund shall be eligible for a minimum of $10 million, up to a maximum of $15 million allocation over a five-year period or in accordance with the early stage venture capital fund's partnership agreement and concurrent with the contributions of the early stage venture capital fund's other investors; (B) Each early stage venture capital fund shall be required to obtain other independent investors. A minimum of 10 percent of the committed capital of the early stage venture capital fund shall be committed by independent institutional

MONDAY, MARCH 25, 2013

3979

investors, early stage venture capital fund principals, or other accredited investors; and (C) Each early stage venture capital fund shall be required to commit, via a side letter or otherwise, to invest in Georgia based qualified early stage businesses and qualified growth stage businesses an amount that matches or exceeds the amount of the early stage venture capital fund's designated capital received under this article; (2) Growth stage venture capital funds: 60 percent of the total contributed capital in the Invest Georgia Fund shall be allocated among the growth stage venture capital funds, in accordance with the following eligibility conditions and requirements: (A) Each growth stage venture capital fund shall be eligible for an allocation of a minimum of $10 million designated capital over a five-year period or in accordance with the growth stage venture capital fund's partnership agreement and concurrent with the contributions of the growth stage venture capital fund's other investors; (B) Each growth stage venture capital fund shall be required to obtain other independent investors. A minimum of 50 percent of the committed capital of the growth stage venture capital fund shall be committed by independent institutional investors, growth stage venture capital fund principals, or other accredited investors; and (C) Each growth stage venture capital fund shall be required to commit, via a side letter or otherwise, to invest in Georgia based qualified early stage businesses and qualified growth stage businesses an amount that matches or exceeds the amount of the growth stage venture capital fund's designated capital received under this article.
10-10-18. (a) Not later than December 31 of each year, each venture capital fund shall report to the board:
(1) The amount of designated capital remaining uninvested at the end of the preceding calendar year; (2) All qualified investments made during the preceding calendar year, including the number of employees of each business at the time the qualified investment was made and as of December 31 of that year; (3) For any qualified investment in which the venture capital fund no longer has a position as of the end of the calendar year, the number of employees of the business as of the date the investment was terminated; and (4) Any other information the board requires to ascertain the impact of this article on the economy of Georgia. (b) Not later than 180 days after the end of its fiscal year, each venture capital fund shall provide to the board an audited financial statement that includes the opinion of an independent certified public accountant. (c) Not later than 60 days after the sale or other disposition of a qualified investment, the selling venture capital fund shall provide to the board a report on the amount of the interest sold or disposed of and the consideration received for the sale or disposition.

3980

JOURNAL OF THE HOUSE

10-10-19. Designated capital and investment returns resulting from the qualified investments made under this article shall be retained and used to make additional qualified investments in venture capital funds selected by the fund administrator; provided, however, that the Invest Georgia Fund shall receive any and all returns representing the principal portion of designated capital and shall receive 80 percent of investment returns in excess of designated capital from each respective venture capital fund with the remaining 20 percent of investment returns in excess of designated capital retained by each respective venture capital fund in accordance with such venture capital fund's partnership agreement.
10-10-20. (a)(1) On or before January 1, 2015, and January 1 of each subsequent year, the fund administrator, through the board, shall submit a report on the implementation of this article to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Finance Committee and the House Committee on Ways and Means. (2) The center shall also publish the report on the center's website in a publicly available format. (3) The report published on the website shall not include any proprietary or confidential information.
(b) The report shall include: (1) With respect to each venture capital fund or private equity organization that has received an allocation of designated capital: (A) The name and address of the venture capital fund or private equity organization; (B) The names of the individuals making qualified investments under this article; (C) The amount of designated capital received during the previous year; (D) The cumulative amount of designated capital received; (E) The amount of designated capital remaining uninvested at the end of the preceding calendar year; (F) The names and locations of qualified businesses receiving designated capital and the amount of each qualified investment; (G) The annual performance of each qualified investment, including the qualified investment's fair market value as calculated according to generally accepted accounting principles; and (H) The amount of any qualified distribution or nonqualified distribution taken during the prior year, including any management fee; (2) With respect to the Invest Georgia Fund: (A) The amount of designated capital received during the previous year; (B) The cumulative amount of designated capital received; (C) The amount of designated capital remaining uninvested at the end of the preceding calendar year;

MONDAY, MARCH 25, 2013

3981

(D) The names and locations of qualified businesses receiving designated capital and the amount of each qualified investment; and (E) The annual performance of each qualified investment, including the qualified investment's fair market value as calculated according to generally accepted accounting principles; and (3) With respect to the qualified businesses in which venture capital funds have invested: (A) The classification of the qualified businesses according to the industrial sector and the size of the business; (B) The total number of jobs created in Georgia by the investment and the average wages paid for the jobs; and (C) The total number of jobs retained in Georgia as a result of the investment and the average wages paid for the jobs."
SECTION 6. Code Section 48-7-40.30 of the Official Code of Georgia Annotated, relating to an income tax credit for certain qualified investments for a limited period of time, is amended by revising subsections (d), (e), (f), and (i) as follows:
"(d) Any individual person making a qualified investment directly in a qualified business in the 2011, 2012, or 2013, 2014, or 2015 calendar year shall be allowed a tax credit of 35 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. (e) Any pass-through entity making a qualified investment directly in a qualified business in the 2011, 2012, or 2013, 2014, or 2015 calendar year shall be allowed a tax credit of 35 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. Each individual who is a shareholder, partner, or member of an entity shall be allocated the credit allowed the pass-through entity in an amount determined in the same manner as the proportionate shares of income or loss of such pass-through entity would be determined. If an individual's share of the pass-through entity's credit is limited due to the maximum allowable credit under this Code section for a taxable year, the pass-through entity and its owners may not reallocate the unused credit among the other owners. (f) Tax credits claimed pursuant to this Code section shall be subject to the following conditions and limitations:
(1) The qualified investor is not shall not be eligible for the credit for the taxable year in which the qualified investment is made but shall be eligible for the credit for the second taxable year beginning after the qualified investment is made as provided in subsection (d) or (e) of this Code section; (2) The aggregate amount of credit allowed an individual for one or more qualified investments in a single taxable year under this Code section, whether made directly or by a pass-through entity and allocated to such individual, shall not exceed $50,000.00;

3982

JOURNAL OF THE HOUSE

(3) In no event shall the amount of the tax credit allowed an individual under this Code section for a taxable year exceed such individual's net income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified investment was made. No such credit shall be allowed against prior years' tax liability; (4) The qualified investor's basis in the common or preferred stock, equity interest, or subordinated debt acquired as a result of the qualified investment shall be reduced for purposes of this chapter by the amount of the allowable credit; and (5) The credit shall not be transferrable by the qualified investor except to the heirs and legatees of the qualified investor upon his or her death and to his or her spouse or incident to divorce; and. (6) To be eligible for the credit provided in this Code section, the qualified investor must file an application for the credit with the commissioner on or before June 30 of the year following the calendar year in which the qualified investment was made." "(i)(1) A qualified investor seeking to claim a tax credit provided for under this Code section must shall submit an application to the commissioner for tentative approval of such tax credit between September 1 and October 31 of the year for which the tax credit is claimed or allowed. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the qualified investor after the application is approved by the commissioner. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection as follows:
(A) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2011 calendar year and claimed and allowed in the 2013 taxable year shall not exceed $10 million in such year; (B) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2012 calendar year and claimed and allowed in the 2014 taxable year shall not exceed $10 million in such year; and (C) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2013 calendar year and claimed and allowed in the 2015 taxable year shall not exceed $10 million in such year.; (D) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2014 calendar year and claimed and allowed in the 2016 taxable year shall not exceed $5 million in such year; and (E) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2015 calendar year and claimed and allowed in the 2017 taxable year shall not exceed $5 million in such year. (3) The commissioner shall notify each qualified investor of the tax credits tentatively approved and allocated to such qualified investor by December 31 of the year in which the application was submitted. In the event that the credit amounts on

MONDAY, MARCH 25, 2013

3983

the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the qualified investors who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified investor may then apply the amount of the approved tax credit to its tax liability for the tax year for which the approved application applies."
SECTION 6.1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by revising paragraph (87) as follows:
"(87)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2009 2013, until June 30, 2011 2015, sales of tangible personal property used for and in the renovation or expansion of a zoological institution. (B) As used in this paragraph, the term 'zoological institution' means a nonprofit wildlife park, terrestrial institution, or facility which is:
(i) Open Is open to the public, that exhibits and cares for a collection consisting primarily of animals other than fish, and has received accreditation from the Association of Zoos and Aquariums; and (ii) Located Is located in this state and owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax;"
SECTION 7. Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," is amended by revising Code Section 48-8271, relating to definitions, as follows:
"48-8-271. As used in this article, the term:
(1) 'Agreement' means a tourism attraction an agreement for a tourism attraction project entered into, pursuant to Code Section 48-8-275, on behalf of between the Department of Community Affairs and an approved company pursuant to Code Section 48-8-275. (2) 'Annual sales and use tax' means those state and local sales and use taxes generated by sales to the general public at the approved tourism attraction during the calendar year immediately preceding the date of filing the sales and use tax refund claim.

3984

JOURNAL OF THE HOUSE

(2)(3) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other the entity that is seeking has submitted an application to undertake a tourism attraction project, which has been approved pursuant to Code Section 48-8-275 and is approved, pursuant to subsection (b) of Code Section 48-8-274, by the Governor and by the governing authority of the city where the tourism attraction project is to be located if within a city and by the governing authority of the county where the tourism attraction project is to be located. For each tourism attraction project, only one company may be approved under this article. (3)(4) 'Approved costs' means:
(A) For new tourism attractions: (i) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a new tourism attraction project; (ii) The costs of acquiring real property or rights in real property and any costs incidental thereto; (iii) All costs for construction materials and equipment installed at the new tourism attraction project; (iv) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a new tourism attraction project which is not paid by the vendor, supplier, deliveryman, or contractor or otherwise provided; (v) All costs of architectural and engineering services, including, but not limited to, estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a new tourism attraction project; (vi) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a new tourism attraction project; (vii) All costs required for the installation of utilities, including, but not limited to, water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company; and (viii) All other costs comparable with those described in this subparagraph; or
(B) For existing tourism attractions, any approved costs otherwise specified in subparagraph (A) of this paragraph; provided, however, that such costs are limited to the expansion only of an existing tourism attraction and not the renovation of an existing tourism attraction. (5) 'Approved tourism attraction' means a project that was approved pursuant to Code Section 48-8-274 and that has since opened to the public and become operational as a tourism attraction.

MONDAY, MARCH 25, 2013

3985

(6) 'Expansion' means the addition of equipment, facilities, or real estate to an existing tourism attraction for the purpose of increasing its size, scope, or visitor capacity. (4)(7) 'Incremental sales and use tax' means those state and local sales and use taxes generated by the tourism attraction project above the amount of such sales and use taxes generated by the previous use of the property on which such project is located except as otherwise provided in Code Section 48-8-278 sales to the general public at the approved tourism attraction from the date on which construction of the expansion project is completed through the end of the calendar year immediately preceding the date of filing the incremental sales and use tax refund claim, less the state and local sales and use taxes that were generated by sales to the general public at the approved tourism attraction during the 12 month period immediately preceding the commencement of construction of the expansion project. (8) 'Incremental sales and use tax refund' means the amount equal to the lesser of the incremental sales and use tax or 2.5 percent of the total of all approved costs incurred at any time prior to January 1 of the year during which the claim for the incremental sales and use tax refund is filed. (9) 'Local sales and use tax' means any sales and use tax, excluding the sales tax for educational purposes levied pursuant to Part 2 of Article 3 of this chapter and Article VIII, Section VI, Paragraph IV of the Constitution, that is levied and imposed in an area consisting of less than the entire state, however authorized. (10) 'Renovation' means the restoration, rebuilding, redesign, repair, or replacement of worn elements so that the functionality, quality, or attractiveness of buildings or structures is equivalent to a former state. (11) 'Sales and use tax refund' means the amount equal to the lesser of the annual sales and use tax or 2.5 percent of the total of all approved costs incurred at any time prior to January 1 of the year during which the claim for the sales and use tax refund is filed. (5)(12) 'Tourism attraction' means a cultural or historical site; a recreation or entertainment facility; a convention hotel and conference center; an automobile race track, including, but not limited to, Atlanta Motor Speedway, with other tourism amenities; a golf course facility with other tourism amenities; marinas and water parks with lodging and restaurant facilities designed to attract tourists to the State of Georgia; or a Georgia crafts and products center. A tourism attraction shall not include the following: (A) Facilities that are be primarily devoted to the retail sale of goods, shopping centers, restaurants, or movie theaters.; or
(B) Recreational facilities that do not serve as likely destinations where individuals who are not residents of this state would remain overnight in commercial lodging at the tourism attraction. (6)(13) 'Tourism attraction project' or 'project' means includes the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for

3986

JOURNAL OF THE HOUSE

the acquisition, construction, and installation of a tourism attraction, including, but not limited to, surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company. Such term shall not include the renovation of an existing tourism attraction."
SECTION 8. Said article is further amended by revising Code Section 48-8-273, relating to tourism attraction agreements, as follows:
"48-8-273. (a) In the sole discretion of the Governor commissioner of economic development and the commissioner of community affairs, in consideration of the execution of the agreement, each and subject to the approved company's compliance with the terms of the agreement, an approved company shall be granted a sales and use tax refund from the incremental sales and use tax on the sales generated by the approved company and arising at the tourism attraction for new projects or an incremental sales and use tax refund for expansions of existing tourism attractions. (b) The approved company shall have no obligation to refund or otherwise return any amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. (c) For all tourism attractions the The term of the agreement granting the sales and use tax a refund under this article shall be ten years, commencing on the later of: (1) The final approval of the agreement for purposes of the sales and use tax refund; or (2) The the date the tourism attraction opens for business and begins to collect sales and use taxes or, for an expansion, the date construction is complete. (d) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved company's first year's refund after activation of the term and without changing the term. (e) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the incremental sales and use tax liability of the approved company or 25 percent of the approved costs for the tourism attraction project. The incremental sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to the lesser of the incremental sales and use tax liability of the approved company for that year or 2.5 percent of the approved costs. (f)(d) On or before March 31 of each year For each calendar year or partial calendar year occurring during the term of the agreement, an approved company shall file with the Department of Revenue a claim for the incremental sales and use tax refund collected by the approved company and remitted to the Department of Revenue during the preceding calendar year pursuant to subsection (e) of this Code section a refund under this article by March 31 of the following year.

MONDAY, MARCH 25, 2013

3987

(g)(e) The Department of Revenue, in consultation with the Department of Community Affairs and other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the Department of Revenue to reflect the intent of this article. (h)(f) No sales and use tax refund shall be granted to an approved project which company that is during a tax year simultaneously receiving any other state tax incentive associated with any one tourism attraction project. (i)(g) Any sales and use tax refund shall be first applied to any outstanding tax obligation of the approved company which that is due and payable to the state. (h) By resolution and at the discretion of the county and city, if any, where the tourism attraction project is to be located, the local sales and use tax may be refunded under the same terms and conditions as any refund of state sales and use taxes. (i) Refunds under this article shall be made without interest."
SECTION 9. Said article is further amended by revising Code Section 48-8-274, relating to an application for a tourism project, as follows:
"48-8-274. (a) The commissioner of community affairs, in consultation with the Governor and other appropriate state agencies, shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations. (b) In addition to any standards set forth pursuant to subsection (a) of this Code section, an An application for a tourism attraction project filed with the Department of Community Affairs shall include, but not be limited to:
(1) Marketing plans for the tourism attraction project that target individuals who are not residents of this state; (2) A description and location of the tourism attraction project; (3) Capital and other anticipated specific expenditures for the tourism attraction project and the anticipated sources of funding for such project; (4) The anticipated employment and wages to be paid at the tourism attraction project; (5) Business plans which that indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and (6) The anticipated revenues to be generated by the tourism attraction project.; and (7) Resolutions from the governing authority of the county or the city, if any, in which the tourism attraction will be located endorsing the tourism attraction project and, where applicable, including appropriate affirmative clauses regarding permitting, land use, local incentives, and the provision of local public infrastructure. (c) Following the filing of the application, the Department of Community Affairs shall submit the application to an independent consultant who shall perform an in depth analysis of the proposed project. All costs associated with such application and analysis shall be paid for by the approved company.

3988

JOURNAL OF THE HOUSE

(d) The Governor may, in the Governor's sole discretion, commissioner of economic development and the commissioner of community affairs may grant approval to the tourism attraction project if the project shall:
(1) Have approved costs in excess of $1 million and such project is to be a tourism attraction; (2) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with tourism attractions in this state and the amount by which increased state local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company; (3) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 100 days per year, including the first year of operation; (4) Not adversely affect existing employment in the this state; and (5) For each year following the third year of operation, attract a minimum of 25 percent of its visitors from nonresidents of this state; and. (6) Meet such other criteria as deemed appropriate by the Governor."
SECTION 10. Said article is further amended by revising Code Section 48-8-275, relating to entering into an agreement with an approved company, as follows:
"48-8-275. Following approval by the Governor of a project, the Department of Community Affairs shall enter into an agreement with any approved company. The agreement may which may also include as a partner any local development authority. The, and the terms and provisions of each agreement shall include, but not be limited to:
(1) The projected amount of approved costs, provided that any increase in approved costs incurred by the approved company and agreed to by the Department of Community Affairs shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (e) of Code Section 48-8-273 for tax years commencing on or after July 1, 2011; (2) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Community Affairs shall grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; and (3) A statement specifying the term of the agreement in accordance with subsection (c) of Code Section 48-8-273."
SECTION 11. Said article is further amended by revising Code Section 48-8-276, relating to a failure to abide by the terms of an agreement, as follows:

MONDAY, MARCH 25, 2013

3989

"48-8-276. (a) Compliance with the agreement is subject to review by the Department of Community Affairs. (b) In the event an approved company fails to abide by the terms of the agreement, then such agreement shall be void and all sales and use tax proceeds which that were refunded shall become immediately due and payable back to the state and to the governing authority of any county or municipality whose approval was required under paragraph (2) of Code Section 48-8-271."

SECTION 12. Said article is further amended by repealing Code Section 48-8-278, relating to the application of Article 6 of Chapter 8, the "Georgia Tourism Development Act."

SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Representative Stephens of the 164th moved that the House agree to the Senate substitute to HB 318.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon
Dukes E Dunahoo N Duncan N Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans N Fleming Y Floyd

Y Hamilton Y Harbin Y Harden N Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes N Holt Y Houston Y Howard Y Hugley Y Jackson E Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S
Jordan

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons E Peake N Pezold Y Powell, A Y Powell, J Y Pruett N Quick Y Ramsey Y Randall

Sims, C Y Smith, E Y Smith, L E Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson E Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner N Taylor, D N Taylor, T N Teasley Y Thomas, A.M. N Thomas, B N Turner Y Waites

3990

JOURNAL OF THE HOUSE

Y Caldwell, J N Caldwell, M Y Carson Y Carter N Casas Y Chandler N Channell N Chapman Y Cheokas N Clark, J Y Clark, V Y Coleman N Cooke

Y Fludd Y Frazier Y Frye E Fullerton N Gardner N Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Kaiser Y Kelley Y Kendrick Y Kidd
Kirby Knight Lindsey Y Lumsden Y Mabra Y Marin N Martin Y Maxwell Y Mayo

Y Rice N Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon
Sims, B

Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 135, nays 28.

The motion prevailed.

Representative Meadows of the 5th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

SB 224. By Senators Golden of the 8th, Shafer of the 48th and Chance of the 16th:

A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to provide for conditions, procedures, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th and others:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and revise

MONDAY, MARCH 25, 2013

3991

terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate, having been previously postponed, were again postponed until tomorrow:
SB 65. By Senator Unterman of the 45th:
A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to require a licensed professional counselor to secure certification to perform certain acts from the Department of Behavioral Health and Developmental Disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 187. By Senator Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

3992

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Tuesday, March 26, 2013

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 E Alexander
Allison Anderson Atwood Ballinger Barr Battles Beasley-Teague Bell Bennett E Bentley Benton Beverly Black Braddock Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J Caldwell, M Carson Carter Chandler Channell Chapman Cheokas Clark, J

Clark, V Coleman Cooke Cooper Dawkins-Haigler Deffenbaugh Dempsey Dickerson Dickey Dickson Douglas E Drenner Dudgeon Dukes E Dunahoo Duncan Dutton England Epps, J Evans Fleming Fludd Frazier Frye E Fullerton Gardner Gasaway Geisinger Glanton Golick Gordon Gravley

Greene Gregory Hamilton Harbin Harden Harrell Hatchett Hawkins E Henson Hightower Hitchens Holcomb Holmes Holt Houston Howard Hugley Jackson E Jacobs E Jasperse Jones, J Jones, L Jones, S Kaiser Kelley Kendrick Kidd Kirby Knight Lindsey Lumsden Mabra

Marin Martin Maxwell Mayo McCall Mitchell Mosby Murphy Neal Nimmer Nix O'Neal Parrish Parsons Peake Pezold Powell, J Pruett Quick Ramsey Riley Roberts Rogers, C Rogers, T Rutledge Rynders Scott Setzler Sharper Shaw Sheldon Sims, B

Smith, E Smith, L Smith, M Smith, R Spencer Stephens, M Stephens, R E Stephenson Stovall Stover Strickland Talton Tankersley Tanner Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, B Turner Waites Watson, B Watson, S Welch Wilkerson Wilkinson Williams, A Williams, C Williams, E Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Casas of the 107th, Coomer of the 14th, Dollar of the 45th, Ehrhart of the 36th, Epps of the 132nd, Floyd of the 99th, Hill of the 22nd, Jordan of the 77th, Meadows of the 5th, Oliver of the 82nd, Pak of the 108th, Powell of the 32nd, Rice of the 95th, Smyre of the 135th, and Willard of the 51st.

TUESDAY, MARCH 26, 2013

3993

They wished to be recorded as present.
Prayer was offered by Dr. J. Gerald Harris, Interim Pastor, Cartersville First Baptist Church, Cartersville, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 123rd, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following communication was received:
House of Representatives Coverdell Legislative Office Building, Room 507
Atlanta, Georgia 30334
Mr. Robert Rivers Clerk of the Georgia House of Representatives 309 State Capitol Building Atlanta, GA 30304
Dear Mr. Rivers:
Please accept the following as explanation of my vote on HB 209 which was taken on 03/25/13. I casted a No vote inadvertently when my vote should have been a Yea. I did not catch the error until the machine was locked. I apologize for any inconvenience this may have caused; however I would appreciate it if my explanation can be filed.
Thank you.
Sincerely,
/s/ Karen Bennett Representative HD 94
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

3994

JOURNAL OF THE HOUSE

1. Introduction of Bills and Resolutions.

2. First reading and reference of House Bills and Resolutions.

3. Second reading of Bills and Resolutions.

4. Reports of Standing Committees.

5. Third reading and passage of Local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 4.

By Representatives Geisinger of the 48th, Lindsey of the 54th, Stephens of the 164th, McCall of the 33rd, Riley of the 50th 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 provide for pari-mutuel wagering or betting on horse racing in this state; to provide for the comprehensive regulation of such activities; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 664. By Representative Gasaway of the 28th:

A BILL to be entitled an Act to provide for a new charter for the City of Avalon; to repeal specific laws; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 665. By Representative Oliver of the 82nd:

A BILL to be entitled an Act to incorporate a new municipality in DeKalb County, Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

TUESDAY, MARCH 26, 2013

3995

HB 666. By Representative Caldwell of the 131st:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, approved March 17, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4903), 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 election and terms of office of subsequent 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 667. By Representative Fleming of the 121st:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to prohibit illegal aliens from possessing, transporting, or shipping firearms; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 668. By Representative Fleming of the 121st:
A BILL to be entitled an Act to amend Article 4 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct and argument of counsel, so as to provide for matters relative to opening statements; to provide for presentation of evidence at trial; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 669. By Representatives Oliver of the 82nd, Dudgeon of the 25th, Mosby of the 83rd, Mayo of the 84th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to authorize a local board of education to agree to interventions by the State Board of Education in lieu of removal proceedings if a school system or

3996

JOURNAL OF THE HOUSE

a school is placed on the level of accreditation immediately preceding loss of accreditation; to provide for requirements; to provide for statutory construction; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 670. By Representatives Fleming of the 121st, Ballinger of the 23rd, Quick of the 117th, Strickland of the 111th and Welch of the 110th:
A BILL to be entitled an Act to amend Code Section 10-1-490 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to require registration of trade names with the clerk of superior court; 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 establish a state-wide trade name registry; to provide for duties of clerks of superior courts; to provide for fees; to provide for related matters; to correct a crossreference; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 671. By Representatives Rice of the 95th, Powell of the 32nd, Dempsey of the 13th, Randall of the 142nd, Golick of the 40th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 17 of the O.C.G.A., relating to general provisions for pretrial proceedings; to amend Code Section 24-8-823 of the O.C.G.A., relating to admissions and confessions received with care and no conviction on uncorroborated confession; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses; to amend Code Section 40-6-391 of the O.C.G.A., relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for a second time, and endangering a child while under the influence; to amend Code Section 48-2-35 of the O.C.G.A., relating to taxpayer refunds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

TUESDAY, MARCH 26, 2013

3997

HB 672. By Representative Rice of the 95th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide a new exemption from state sales and use taxes only for a limited period of time regarding the sale of rain water harvesting equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 673. By Representatives Dukes of the 154th and Greene of the 151st:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide that, subject to referendum approval, all crop dusters shall be exempt from all ad valorem taxation; to provide for a referendum election with respect to effectiveness; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 674. By Representatives Welch of the 110th, Caldwell of the 131st and Weldon of the 3rd:
A BILL to be entitled an Act to amend Code Sections 15-18-14 and 17-12-27 of the Official Code of Georgia Annotated, relating to the appointment of assistant district attorneys and assistant public defenders, respectively, so as to provide for state funded positions for juvenile court; to amend Chapters 11 and 18 Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and prosecuting attorneys, respectively, so as provide for conforming amendments to HB 242 as enacted during the 2013-2014 biennium of the General Assembly; to provide for related matters; to provide an effective date; to provide for conditional automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Juvenile Justice.
HB 675. By Representatives Geisinger of the 48th, Parsons of the 44th, Carson of the 46th, Taylor of the 79th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public

3998

JOURNAL OF THE HOUSE

utilities, so as to provide that in the event of litigation against a gas company or electric utility to enjoin, prevent, stop, or delay the construction by such gas company or electric utility of a facility to be used by the gas company or public utility for the provision of gas or electrical service to customers in this state, the losing party shall be required to pay attorney's fees and costs of litigation to the winning party; to provide for exceptions; to provide for certain notices; to provide for sanctions for failure to provide such notices; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HR 1.

By Representatives Geisinger of the 48th, Lindsey of the 54th, Stephens of the 164th, McCall of the 33rd, Riley of the 50th and others:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for pari-mutuel wagering on horse racing; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Regulated Industries.

HR 868. By Representatives Drenner of the 85th, Henson of the 86th, Mayo of the 84th, Oliver of the 82nd, Mitchell of the 88th and others:

A RESOLUTION creating the House Study Committee on Municipalities, Annexations, and Local Forms of Government in DeKalb County; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 869. By Representative Dempsey of the 13th:

A RESOLUTION recognizing the problem of untreated and undertreated chronic pain and requesting that the appropriate agencies of state government examine how the state can improve the health and productivity of its citizens and reduce personal and government health expenditures by following the recommendations of the Institute of Medicine report; and for other purposes.

Referred to the Committee on Health & Human Services.

TUESDAY, MARCH 26, 2013

3999

HR 870. By Representative Sims of the 123rd:

A RESOLUTION urging the Capitol Arts Standards Commission to arrange for placement of a suitable portrait of former Speaker Pro Tempore Jack Connell in an appropriate location in the state capitol; and for other purposes.

Referred to the Committee on State Properties.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 656 HB 658 HB 660 HB 662 HR 844 HR 846 SB 256 SB 258

HB 657 HB 659 HB 661 HB 663 HR 845 SB 254 SB 257 SB 259

Representative England of the 116th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:

SR 378 Do Pass, by Substitute

Respectfully submitted, /s/ England of the 116th
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:

4000

JOURNAL OF THE HOUSE

HB 655 SB 250 SB 253

Do Pass Do Pass Do Pass, by Substitute

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 26, 2013

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 62 SB 104 SB 177 SB 181 SB 218 SB 242

Federal and State Funded Health Care Financing Program Overview Committee; establish (Substitute)(HumR-Kirby-114th) Hill-32nd Community Affairs, Dept. of; comprehensive plans of local government; revise the minimum elements (GAff-Carter-175th) Ginn-47th Georgia Tourism Foundation; change the membership (Substitute)(ED&TStephens-164th) Ginn-47th Georgia History Month; declare September of each year (SP&CA-Hatchett150th) Bethel-54th Highways, Bridges and Ferries; annual commercial wrecker emergency tow permits; qualifications for issuance (Trans-Roberts-155th) Gooch-51st Downtown Development Authorities; undertake projects; reducing energy or water consumption; renewable resources (EU&T-Martin-49th) Hill-6th

Modified Structured Rule

SB 91

"Emerging Crops Fund Act"; repeal (Substitute)(A&CA-McCall-33rd) Harper-7th

TUESDAY, MARCH 26, 2013

4001

SR 293

Ralph A. Pierce Memorial Highway; Lumpkin County; dedicate (Substitute)(Trans-Roberts-155th) Gooch-51st

Structured Rule

SB 145

Agritourism; add farm weddings to the definition (Substitute)(W&MKnight-130th) Heath-31st

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 655. By Representative Nimmer of the 178th:

A BILL to be entitled an Act to repeal an Act creating the Brantley County Airport Authority, approved May 14, 2008 (Ga. L. 2008, p. 4380); to provide for the transfer of all assets, property, and legal rights and obligations of the Brantley County Airport Authority to Brantley County; to provide for transfer of records and pending matters; to provide for transfer of employees; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 250. By Senators Jackson of the 2nd and Carter of the 1st:

A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3734), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3564), so as to change the description of the council districts; to provide 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.

4002

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 253. By Senator Ginn of the 47th:
A BILL to be entitled an Act to provide a new charter for the City of Carlton; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To provide a new charter for the City of Carlton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; 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 auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

TUESDAY, MARCH 26, 2013

4003

This city and the inhabitants thereof are hereby reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name of the "City of Carlton" and by that name shall have perpetual succession.
SECTION 1.11. Corporate Boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map of the corporate limits of the City of Carlton, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. 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 charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION 1.13. Examples of Powers.
(a) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city. (b) Animal Regulations. To regulate and license or to prohibit the keeping or running atlarge of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (c) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes

4004

JOURNAL OF THE HOUSE

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. (d) 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; (e) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses after due process for failure to pay any city taxes or fees. (f) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (g) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations. (h) 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. (i) 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; (j) 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. (k) 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, firm, 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. (l) 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. (m) 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 granter may impose.

TUESDAY, MARCH 26, 2013

4005

(n) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (o) Jail Sentences. To provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (p) 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. (q) 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. (r) 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. (s) Municipal Property Ownership. To acquire, dispose of, 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. (t) 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. (u) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms and corporations inside and outside the corporate limits of the city as provided by ordinance. (v) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (w) 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. (x) 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. (y) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency.

4006

JOURNAL OF THE HOUSE

(z) 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. (aa) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (bb) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (cc) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (dd) Public Utilities and Services. To grant franchises or make contracts for 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. (ee) 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. (ff) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (gg) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-ofway throughout the streets and roads, and over the bridges and viaducts for the use of public utilities and for private use; 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.

TUESDAY, MARCH 26, 2013

4007

(hh) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plan 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. (ii) 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. (jj) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors. (kk) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (ll) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (mm) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (nn) 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. (oo) Urban Redevelopment. To organize and operate an urban redevelopment program. (pp) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

4008

JOURNAL OF THE HOUSE

SECTION 1.14. Exercise of Powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City Council Creation; Number; Election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council members shall be elected in the manner provided by general law and this charter.
SECTION 2.11. City Council Terms and Qualifications for Office.
No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the city for 12 months prior to the date of election of the mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; Filling of Vacancies; Suspensions.
(a) Vacancies. The office of mayor or council member shall become vacant upon the occurrence of the incumbent's death, resignation, forfeiture of office, missing two regular meetings in three months or 25 percent of regular meetings in one calendar year, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.15 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted. (c) Upon the suspension from office of mayor or council member in any manner authorized by the general laws of the State of Georgia, the city council or those remaining

TUESDAY, MARCH 26, 2013

4009

shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section.
SECTION 2.13. Compensation and Expenses.
The mayor and council members shall receive compensation and expenses for their services as provided by ordinance; however, compensation shall be paid only for meetings attended.
SECTION 2.14. Conflicts of Interest; Holding Other Offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of Interest - No elected official, appointed officer, or employee of the city of 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 his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her 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 his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has financial interest.

4010

JOURNAL OF THE HOUSE

(c) Disclosure. Any elected official, appointed officer, or employee who shall have 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. The mayor or any council member who has a private interest in the matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and the official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any 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. (d) Use of Public Property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which the official was elected. (g) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (h) Penalties for Violation.
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit an office or position, as described in paragraph (1) of this subsection, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and Investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to

TUESDAY, MARCH 26, 2013

4011

obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General Power and Authority of the City Council.
Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent Domain.
The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational Meeting.
The city council shall hold an organizational meeting at its first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: "I do solemnly swear that I will well and truly demean myself as (mayor) (council member) of the City of Carlton for the ensuing term, that I will faithfully enforce the charter and ordinances of the city to the best of my skill and ability, without fear or favor, so help me God." Newly elected members' terms shall begin immediately after they are sworn in and they shall hold office until their successors are sworn in.
SECTION 2.19. Regular and Special Meetings.
(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all

4012

JOURNAL OF THE HOUSE

council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of Procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor, with the advice and consent of the council, and shall serve at his or her pleasure. The mayor shall have the power to appoint new members to any committee at any time, with the advice and consent of the council.
SECTION 2.21. Quorum: Voting.
(a) Three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as a negative vote. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such council member 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.
SECTION 2.22. Ordinance Form; Procedures.

TUESDAY, MARCH 26, 2013

4013

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Carlton hereby ordains . . ." and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Action Requiring An Ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

4014

JOURNAL OF THE HOUSE

SECTION 2.25. Codes of Technical Regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; Authenticating; Recording; Codification; Printing.
(a) The clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Carlton, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of Mayor; Forfeiture; Compensation.
The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and

TUESDAY, MARCH 26, 2013

4015

shall have been a resident of the city for 12 months immediately preceding his or her election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members.
SECTION 2.28. Chief Executive Officer.
The mayor shall be the executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.
SECTION 2.29. Powers and Duties of Mayor.
As the chief executive of this city, the mayor shall: (a) See that all laws and ordinances of the city are faithfully executed; (b) Appoint and remove, for cause, all officers, department heads, and employees of the city except as otherwise provided in this charter; (c) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (d) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (e) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (f) Preside over all meetings of the city council; (g) Call special meetings of the city council as provided for in Section 2.19; (h) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (i) Recommend to the city council such measures relative to the affairs of the city improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (j) Approve or disapprove ordinances as provided in Section 2.30; (k) Require any department or agency of the city to submit written reports whenever he or she deems it expedient; (l) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (m) Perform such other duties as may be required by general state law, this charter, or ordinance.

4016

JOURNAL OF THE HOUSE

SECTION 2.30. Submission of Ordinances to the Mayor; Veto Power.
(a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall, within ten calendar days of receipt of an ordinance, return it to the clerk with or without his or her approval, or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his or her reasons for his or her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of the entire council members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section.
SECTION 2.31. Mayor Pro Tem; Selection; Duties.
By a majority vote, the city council shall elect a council member to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent or acting as mayor. Any such absence or disability shall be declared by majority vote of all council members. When serving as mayor, the mayor pro tem shall not also vote as a member of the council.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and Service Departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city.

TUESDAY, MARCH 26, 2013

4017

(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the mayor unless otherwise provided by law.
SECTION 3.11. Boards, Commissions and Authorities.
(a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission or authority shall assume office until he or she has executed and filed with the clerk 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 and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vicechairman, 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 bylaws, rules and regulations, not inconsistent with this

4018

JOURNAL OF THE HOUSE

charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city.
SECTION 3.12. City Attorney.
The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall provide for the payment of such attorney 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 prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor.
SECTION 3.13. City Clerk-Treasurer.
The city council shall appoint a city clerk-treasurer who shall not be a council member. The city clerk-treasurer shall be custodian of the official city seal and city records; be responsible for the general duties of a treasurer and fiscal officer; maintain city council records required by this charter; shall 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 enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city; and perform such other duties as may be required by the city council.
SECTION 3.14. Personnel Policies.
All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. The city council shall adopt policies or ordinances to provide for:
(1) The method of employee selection, promotion and transfer; (2) Hours of work, vacation, sick leave, and other leaves of absence, and overtime pay; and (3) Other personnel policies.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; Name.

TUESDAY, MARCH 26, 2013

4019

There shall be a court to be known as the Municipal Court of the City of Carlton.
SECTION 4.11. Chief Judge; Associate Judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall be an active member in good standing of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; Powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and care taking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the

4020

JOURNAL OF THE HOUSE

appearance 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, his or her bond shall be forfeited by 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, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Madison County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for Court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of General Law.

TUESDAY, MARCH 26, 2013

4021

All primaries and elections shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.
SECTION 5.11. Election Districts.
The City of Carlton shall consist of one election district with five numbered posts. Each person seeking election as a council member shall designate the post for which he or she seeks election.
SECTION 5.12. Election of the Mayor and City Council.
(a) There shall be a municipal general election biennially on the Tuesday next following the first Monday in November. (b) The mayor and council members serving on the effective date of this charter shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. The five council members' positions shall be designated Posts 1, 2, 3, 4, and 5, and each candidate shall designate the post for which he or she seeks election at the time of qualifying. The mayor and council members from Posts 1 and 2 elected at the 2013 general election shall take office on the first day of January, 2014, and shall serve terms of four years. The council members from Posts 3, 4, and 5 elected at the 2013 general election shall take office on the first day of January, 2014, and shall serve terms of two years. Thereafter, the mayor and council members shall be elected at the general election immediately prior to the expiration of their terms of office and shall serve terms of four years, and until their successors are duly elected and qualified.
SECTION 5.13. Non-Partisan Elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.14. Election by Plurality.
The person receiving a plurality of the votes cast for any city office shall be elected. In the event of a tie, a run-off election shall be held and the candidate who receives the highest number of votes cast in the run-off election shall be elected.
SECTION 5.15. Special Elections; Vacancies.

4022

JOURNAL OF THE HOUSE

In the event that the office of mayor or council member shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.
SECTION 5.16. Other Provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated.
SECTION 5.17. Removal of Officers.
(a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted:
(1) By the death of the incumbent; (2) By resignation, when accepted; (3) By decision of a competent tribunal declaring the office vacant; (4) By voluntary act or misfortune of the incumbent whereby he or she is placed in any of the specified conditions of ineligibility to office; (5) By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he or she was elected; (6) By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or (7) By abandoning the office or ceasing to perform its duties, or both. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished one of the following methods: (1) By a vote of three council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the

TUESDAY, MARCH 26, 2013

4023

Superior Court of Madison County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By a petition of recall by the electors of the City of Carlton, as provided by the laws of the State of Georgia.
ARTICLE VI FINANCE
SECTION 6.10. Property Tax.
The city council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage Rate; Due Dates; Payment Methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and Business Taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18.
SECTION 6.13. Regulatory Fees; Permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18.

4024

JOURNAL OF THE HOUSE

SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts from the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.
SECTION 6.15. Service Charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18.
SECTION 6.16. Special Assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18.
SECTION 6.17. Construction; Other Taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

TUESDAY, MARCH 26, 2013

4025

SECTION 6.18. Collection of Delinquent Taxes and Fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General Obligation Bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue Bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued.
SECTION 6.21. Short-Term Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-Purchase Contracts
The city may enter into multiyear lease, purchase or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

4026

JOURNAL OF THE HOUSE

SECTION 6.23. Fiscal Year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government.
SECTION 6.24. Preparation of Budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget, including requirements as to the scope, content and form of such budgets and programs.
SECTION 6.25. Submission of Operating Budget to City Council.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor 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 clerk and shall be open to public inspection.
SECTION 6.26. Action by City Council on Budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations

TUESDAY, MARCH 26, 2013

4027

ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise encumbered balance of the appropriations, or allotment thereof, to which it is chargeable.
SECTION 6.27. Tax Levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriate for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in Appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital Improvements Budget.
(a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the constructing of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time

4028

JOURNAL OF THE HOUSE

during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent Audit.
There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting Procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, it is signed by him or her to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city journal of proceedings pursuant to Section 2.20.
SECTION 6.32. Centralized Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale of City Property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell or convey said cut-off or separated parcel or tract of land to an abutting or

TUESDAY, MARCH 26, 2013

4029

adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for Officials.
The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior Ordinances.
All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Pending Matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council.
SECTION 7.13. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

4030

JOURNAL OF THE HOUSE

SECTION 7.14. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other.

SECTION 7.15. Repealer.

An Act to establish a new charter for the City of Carlton, approved February 18, 1955 incorporating the City of Carlton (Ga. L. 1988, p. 20), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.

SECTION 7.16. Effective Date.

This charter shall become effective July 1, 2013.

SECTION 7.17. Repealer.

All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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 Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins E Henson Y Hightower Y Hill

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer

Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R

TUESDAY, MARCH 26, 2013

4031

Y Bell Y Bennett E Bentley Y Benton
Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter
Casas Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming
Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse Y Jones, J
Jones, L Y Jones, S
Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Nix Oliver
Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold E Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey
Randall Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley
Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 156, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate adheres to its disagreement to the House amendment to Senate substitute and has appointed a Committee of Conference on the following bill of the House:

HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for

4032

JOURNAL OF THE HOUSE

registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Mullis of the 53rd, Shafer of the 48th, and Chance of the 16th.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 361. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; 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 150. By Representatives Bruce of the 61st, Pruett of the 149th, Roberts of the 155th, Burns of the 159th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10, Chapter 1 of Title 35, Article 4 of Chapter 18 of Title 50, and Title 51 of the O.C.G.A., relating to selling and other trade practices, general provisions for law enforcement officers and agencies, inspection of public records, and torts, respectively, so as to enact provisions relating to the reproduction of arrest booking photographs; to require law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to prohibit the use of an individual's persona for commercial purposes without authorization; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 26, 2013

4033

The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 187. By Representatives Dickerson of the 113th, Holt of the 112th, Welch of the 110th, Rutledge of the 109th, Stephenson of the 90th and others:
A BILL to be entitled an Act to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances or marijuana in, on, or within drug-free commercial zones, so as to change the date of incorporation of local ordinances by reference; to repeal conflicting laws; and for other purposes.
HB 354. By Representatives Clark of the 101st, Coleman of the 97th, Tankersley of the 160th, Kaiser of the 59th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to revise terminology relating to early care and learning; to require the Department of Early Care and Learning to provide certain information to owners of early care and education programs; to authorize the department to administer certain programs; to expand the purposes of the "Georgia Professional Standards Act;"; to authorize the Professional Standards Commission to perform certain functions and services with respect to early care and education program personnel if funding is available; to provide for statutory construction; to amend various other titles of the O.C.G.A., for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 454. By Representatives Martin of the 49th, Lindsey of the 54th and Abrams of the 89th:
A BILL to be entitled an Act to amend Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the contents and form of the budget report, so as to require certain items to be included in the tax expenditure review; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Hugley of the 136th, Abrams of the 89th, Mayo of the 84th, Fludd of the 64th, Taylor of the 79th, Riley of the 50th, Morgan of the 39th, Watson of the 166th,

4034

JOURNAL OF THE HOUSE

Jones of the 53rd, Kidd of the 145th, Thomas of the 56th, Carson of the 46th, Kaiser of the 59th, and Houston of the 170th.
Representative Cooper of the 43rd District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 760 Do Pass SB 163 Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 43rd
Chairman
The Speaker Pro Tem assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 177. By Senators Ginn of the 47th, Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th:
A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to change the membership of the Georgia Tourism Foundation; 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 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, so as to change the membership of the Georgia Tourism Foundation; to provide for certain

TUESDAY, MARCH 26, 2013

4035

federal grant sharing; 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 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, is amended by revising subsection (e) of Code Section 50-7-17, relating to tourism marketing program and tourism foundation, as follows:
"(e) Georgia Tourism Foundation. (1) Establishment. There is hereby established the Georgia Tourism Foundation, existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers: (A) To solicit and accept contributions of money and in-kind contributions of services and property for the State-wide Tourism Marketing Program; (B) To make and disburse contributions to the department for such purposes; (C) To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions; (D) To formulate recommendations for the State-wide Tourism Marketing Program; (E) Subject to approval of the Governor, to create subsidiaries with like character and powers but with limited missions keyed to particular component programs and activities of the department's State-wide Tourism Marketing Program; and
(F) To provide for additional officers and governance through bylaws which are consistent with the goals of lessening the government burden in promoting tourism, establishing and maintaining tax exempt status, and soliciting deductible contributions. (2) Members. The governance of the Georgia Tourism Foundation shall be in members, consisting of: not less than nine nor more than 20 members, appointed by the Governor; provided, however, that one member shall be appointed by the chairperson of the Senate Economic Development Committee and one member shall be appointed by the chairperson of the House Committee on Economic Development and Tourism. Members shall always include at least three members of the Board of Economic Development, together with such other members as appointed by the Governor. Service by a member of the Board of Economic Development as a member of the Georgia Tourism Foundation shall not constitute a conflict of interest. A member of the Georgia Tourism Foundation who is a member of the Board of Development shall serve as the chairperson of the Georgia Tourism Foundation and shall be elected by the members of the Georgia Tourism Foundation. In no event shall members of the Board of Economic Development comprise more than one-third of the members of the Georgia Tourism Foundation. The Georgia Tourism

4036

JOURNAL OF THE HOUSE

Foundation shall be authorized to fix the precise number of members, within the minimum and maximum numbers, by resolution adopted from time to time at a meeting of the Georgia Tourism Foundation by a majority of all the members of the Georgia Tourism Foundation. No member shall be individually liable for the acts or omissions to act by the foundation.
(A) The commissioner of economic development, who will be chairperson; (B) The commissioner of natural resources; (C) Each of the executive directors of the Jekyll Island-State Park Authority, Stone Mountain Memorial Association, Lake Lanier Islands Authority, Agricultural Exposition Authority, North Georgia Mountains Authority, and Southwest Georgia Railroad Excursion Authority; (D) One representative each from the Aviation, Music, Sports, and Golf Halls of Fame; and (E) Additional private members appointed by the Governor under foundation bylaws. The chairpersons of the Senate Economic Development Committee and the House Economic Development and Tourism Committee shall serve as ex officio nonvoting members of the foundation. (3) Administration. The Georgia Tourism Foundation will shall be attached to the department for administrative purposes. The Attorney General will shall be the attorney for the foundation. The department may solicit and accept contributions from the foundation and authorize agencies to do so. The department may cooperate and contract with the foundation for their mutual benefit and authorize agencies to do so. Upon any dissolution of the foundation, its assets will devolve in trust to the department or its successor for use only for marketing to promote tourism for Georgia. (4) Public purpose. The creation of the Georgia Tourism Foundation and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted in this Code section may shall not be extended to any private person or entity."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"50-7-11.1. In the event the board accepts grants and gifts from the federal government pursuant to Code Section 50-7-10, the board shall also have the authority to administer and disperse those funds for any and all purposes of this article in a manner consistent with the terms

TUESDAY, MARCH 26, 2013

4037

of the grant or gift and other applicable laws, the provisions of Code Section 50-7-11 notwithstanding."

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 Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman
Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold E Powell, A Y Powell, J
Pruett Y Quick Y Ramsey Y Randall
Rice Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer
Stephens, M Y Stephens, R E Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D
Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 1.

4038

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 218. By Senators Gooch of the 51st, Miller of the 49th, Jackson of the 24th, Mullis of the 53rd, Beach of the 21st 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; 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 Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V

Y Coomer Y Cooper
Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold E Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A
Williams, C Y Williams, E Y Williamson

TUESDAY, MARCH 26, 2013

4039

Y Coleman Y Cooke

Y Greene Y Gregory

Y Maxwell Y Mayo

Y Sheldon Y Sims, B

Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 145. By Senators Heath of the 31st, Williams of the 19th and Harper of the 7th:

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 add farm weddings to the definition of agritourism; 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 Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that farm weddings or participation in certain equestrian performance events shall not constitute a breach of covenant; 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 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by revising subsection (p) by deleting "or" at the end of paragraph (6), replacing the period at the end of subparagraph (p)(7)(B) with a semicolon, and adding new paragraphs to read as follows:
"(8) Allowing all or part of the property which has been subject to a covenant for at least one year to be used as a site for farm weddings; or (9) Allowing all or part of the property which has been subject to a covenant for at least one year to be used to host not for profit equestrian performance events to which spectator admission is not contingent upon an admission fee but which may charge an entry fee from each participant."

SECTION 2. This Act shall become effective on July 1, 2013.

4040

JOURNAL OF THE HOUSE

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 Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman
Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper Y Dawkins-Haigler
Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye E Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs E Jasperse
Jones, J Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold E Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

TUESDAY, MARCH 26, 2013

4041

SB 62.

By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, is amended by adding a new article to read as follows:

"ARTICLE 9

31-8-210. (a) There is created as a joint committee of the General Assembly the Federal and State Funded Health Care Financing Programs Overview Committee to be composed of one member of the House of Representatives appointed by the Governor; one member of the Senate appointed by the Governor; the chairperson of the House Committee on Appropriations; the chairperson of the House Committee on Health and Human Services; the chairperson of the House Committee on Ways and Means; the chairperson of the Senate Appropriations Committee; the chairperson of the Senate Health and Human Services Committee; the chairperson of the Senate Finance Committee; and the

4042

JOURNAL OF THE HOUSE

minority leaders of the Senate and House of Representatives. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the actions of the board and the department under this article to evaluate the success with which the board and the department are accomplishing the statutory duties and functions as provided in this article. (b) The board and the department shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee set forth in this Code section may be timely and efficiently discharged. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the board and the department as set forth in this Code section. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abrams E Alexander N Allison N Anderson Y Atwood Y Ballinger
Barr Y Battles N Beasley-Teague

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey
Dickerson Y Dickey Y Dickson Y Dollar

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N Hightower Y Hill

Y McCall Y Meadows Y Mitchell
Morgan Morris Y Mosby Y Murphy Neal Y Nimmer

N Sims, C Y Smith, E Y Smith, L N Smith, M Y Smith, R Y Smyre N Spencer
Stephens, M Y Stephens, R

TUESDAY, MARCH 26, 2013

4043

Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black N Braddock Y Broadrick N Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter N Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo N Duncan N Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming N Floyd Y Fludd Y Frazier Y Frye E Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon N Gravley Y Greene N Gregory

Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard
Hugley Y Jackson Y Jacobs E Jasperse
Jones, J N Jones, L Y Jones, S Y Jordan Y Kaiser N Kelley
Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin N Maxwell Y Mayo

Y Nix N Oliver
O'Neal Y Pak Y Parrish
Parsons Y Peake Y Pezold E Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T N Teasley Y Thomas, A.M. N Thomas, B N Turner N Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 126, nays 27.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following communication was received:

House of Representatives Coverdell Legislative Office Building, Room 404
Atlanta, Georgia 30334

March 26, 2013

To: Clerk of House

Please record my vote as follows:

SB 145 "Yes" SB 62 "No" SB 177 "Yes" SB 218 "Yes"

4044

JOURNAL OF THE HOUSE

Thank you,

/s/ Dar'shun Kendrick Rep. Dar'shun Kendrick

SB 91.

By Senators Harper of the 7th, Wilkinson of the 50th, Mullis of the 53rd, Staton of the 18th, Ginn of the 47th and others:

A BILL to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to repeal the "Emerging Crops Fund Act"; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise the "Emerging Crops Fund Act"; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Chapter 8A, the "Emerging Crops Fund Act," as follows:

"CHAPTER 8A

2-8A-1. This chapter shall be known and may be cited as the 'Emerging Crops Fund Act.'

2-8A-2. The purpose of this chapter is to promote economic development by encouraging the production of plant or animal crops in Georgia which have not been are produced commercially to their full potential, to encourage farmers of this state to shift from enterprises with low-profit margins to those with higher profit margins, and to make available to consumers emerging crops grown in Georgia.

2-8A-3. As used in this chapter, the term:
(1) 'Emerging crop' means a plant or animal crop for which consumers have a growing demand, which has potential for economic development, which has a

TUESDAY, MARCH 26, 2013

4045

development time from beginning of production to commercial harvest or initial sale of the product of not less than 18 months nor more than five years, and which has been designated an emerging crop by the Georgia Development Authority or by Code Section 2-8A-4. (2) 'Farmer' means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term shall include individuals, family-farm corporations meeting the requirements of paragraph (2) of subsection (b) of Code Section 48-5-7.1, and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements. (3) 'Fund' means the Emerging Crops Fund established in Code Section 2-8A-5. (4) 'Georgia Development Authority' or 'authority' means the Georgia Development Authority provided for in Chapter 10 of Title 50. (5) 'Interest loan' means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the nonland capital costs of establishing production of an emerging crop. (6) 'Lender' means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration.
2-8A-4. Emerging crops shall include but not be limited to the following crops:
(1) Blueberries; (2) Blackberries; (3) Strawberries; (4) Raspberries; (5) Asparagus; (6) Peaches; (7) Apples; (8) Grapes; (9) Pears; (10) Ornamental horticultural plants; (11) Christmas trees; and (12) Fish farming which shall include, but shall not be limited to, crawfish, Saint Peter's (Tilapia) fish, freshwater shrimp, catfish, hybrid bass (a cross between striped bass and white bass), and rainbow trout Reserved.
2-8A-5. (a) There Pursuant to Article III, Section IX, Paragraph VI (j) of the Constitution of Georgia, there is established as a separate fund of the Georgia Development Authority a fund to be known as the 'Emerging Crops Fund,' which shall be used to make interest loans on loans made to farmers for nonland capital costs of establishing production of emerging crops on land in Georgia. The fund shall be administered by the Georgia

4046

JOURNAL OF THE HOUSE

Development Authority. The Georgia Development Authority shall by rules or regulations develop definitions, guidelines, standards, requirements, and procedures for making interest loans as authorized in this chapter. Funds for the Emerging Crops Fund and for the administration of said fund shall be provided from the following sources:
(1) Appropriations by the General Assembly, and funds appropriated to the Emerging Crops Fund shall be presumptively concluded to have been committed to the purpose for which appropriated and shall not lapse; (2) The repayment of interest loans made from the fund; and (3) Any interest or earnings made from the investment of funds of the Emerging Crops Fund. (b) The Georgia Development Authority shall maintain the Emerging Crops Fund entirely separate from any other funds of the authority, and no funds available to the authority to carry out its purposes under Chapter 10 of Title 50 shall be used for the purposes of the Emerging Crops Fund. The source of funds provided for in subsection (a) of this Code section shall be the only source of funds for the Emerging Crops Fund. (c) Except as limited by subsection (b) of this Code section, the Georgia Development Authority may exercise any power possessed by the authority under Chapter 10 of Title 50 to carry out the provisions of this chapter.
2-8A-6. Any lender which has made or makes a loan to a farmer to finance the nonland capital costs of establishing production of an emerging crop on land in Georgia may make application to the Georgia Development Authority for an interest loan to pay interest on the loan during the period from the beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one farmer shall be $50,000.00; provided, however, that the Georgia Development Authority in administering the fund shall give priority to smaller interest loans. During the period that the Georgia Development Authority pays the interest on a loan from the fund, the maximum rate of interest which may be charged on the loan by the lender shall be 2 1/2 percent per annum above the prime rate charged by banks on short-term business loans as published daily in the Wall Street Journal as established from time to time by the Georgia Development Authority. By payment of the interest on a loan, neither the Georgia Development Authority nor the State of Georgia shall be a guarantor of the loan. The Georgia Development Authority shall, by rule or regulation, require such security or lien as may be necessary to provide adequate security for the authority as condition for making an interest loan as authorized by this chapter.
2-8A-7. Repayment of an interest loan made from the fund shall be deferred for a period of time not more than five years or the time when the emerging crop should reach maturity, whichever is later. The schedule for repayment of the interest loan shall be a period of time equal to two times the period that interest is paid on the loan from the fund for that

TUESDAY, MARCH 26, 2013

4047

emerging crop. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the Georgia Development Authority for deposit into the fund."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett E Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway
Brooks Y Bruce
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas

Y Coomer Cooper
Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas E Drenner
Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra

Y McCall Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy
Neal Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parrish Y Parsons Y Peake Y Pezold E Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover
Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C

4048

JOURNAL OF THE HOUSE

Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gordon Y Gravley Y Greene N Gregory

Y Marin Y Martin Y Maxwell Y Mayo

Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Williams, E 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.

SR 293. By Senator Gooch of the 51st:

A RESOLUTION honoring the life of Mr. Ralph A. Pierce and dedicating a road 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; and for other purposes.

PART I WHEREAS, Mr. Ralph A. Pierce was born on October 17, 1912, in Lumpkin County, Georgia, and during his lifetime he played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of the United States; and

WHEREAS, a lifelong Lumpkin County resident, Mr. Pierce and his family operated C.D. Pierce and Son Grocery at the junction of Ga. 52 and Ga. 115 for 64 years; and

WHEREAS, a man of deep and abiding faith, Mr. Pierce was a member of Wahoo Baptist Church and taught the adult Sunday school class for over 50 years; and

WHEREAS, Mr. Pierce served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously participating in the Normandy invasion as a TEC4 during World War II; and

WHEREAS, prior to his passing on August 9, 2012, Mr. Pierce was the oldest living veteran in Lumpkin County at the age of 99 years, nine months, and 23 days; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory.

TUESDAY, MARCH 26, 2013

4049

PART II WHEREAS, Judge William Jeffrey Lowe was born on April 12, 1958, in Lumpkin County, Georgia, and upon his graduation from Lumpkin County High School, he enrolled in the police academy and began work as a Lumpkin County deputy sheriff; and
WHEREAS, he dedicated 21 years to protecting and serving the citizens of Georgia as a deputy in Lumpkin and Forsyth counties, until he was asked to serve as Lumpkin County's Assistant Magistrate Judge; and
WHEREAS, in 1996, Judge Lowe was elected as a Magistrate Judge and served until his passing in 2012; and
WHEREAS, his leadership and vision were instrumental to numerous organizations, including as a charter member and president of the Georgia Jail Association and as a representative of the Ninth Circuit on the Council of Magistrate Court Judges; and
WHEREAS, Judge Lowe actively gave back to his community through his work with the local Jaycees, the Lions Club, Habitat for Humanity, Woodmen of the World, and Blue Mountain Lodge #38; and
WHEREAS, a man of deep and abiding faith, Judge Lowe was a lifetime member of Antioch Baptist Church; and
WHEREAS, Judge Lowe was united in love and marriage to his supportive and caring wife, Debbie, and the couple were inducted into the Order of the Eastern Star; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming an intersection in his memory.
PART III WHEREAS, the State of Georgia lost a hero and good Samaritan with the passing of Mr. Dekai Amonrasi on July 31, 2012; and
WHEREAS, Mr. Amonrasi was born on February 26, 1964, the beloved son of Donald Foung and Fonseca Richards; and
WHEREAS, a true hero, Mr. Amonrasi selflessly responded to action when he witnessed a fellow driver's car hit a guard rail and flip over a bridge on Roosevelt Highway and onto train tracks below; and

4050

JOURNAL OF THE HOUSE

WHEREAS, with only the thought of aiding another in need, Mr. Amonrasi exited his vehicle to provide assistance to the accident victim and lost his life in his attempt to save another's; and
WHEREAS, Mr. Amonrasi's willingness to sacrifice his own life to help another in need serves as the epitome of courage and bravery; and
WHEREAS, it is abundantly fitting and proper that the heroic actions of this remarkable Georgian be appropriately recognized by naming a bridge in his memory.
PART IV WHEREAS, Melvin Ernest Thompson was born on May 1, 1903, in Millen, Georgia, the beloved son of Eva Inez Edenfield Thompson and Henry J. Thompson; and
WHEREAS, Governor Thompson earned a bachelor's degree from Emory University and a master's degree from the University of Georgia; and
WHEREAS, he began his career in the field of education as a principal and coach at Emanuel County Institute, served as superintendent for the Hawkinsville Public School System, worked as a state school supervisor and an assistant state superintendent of schools, and served as secretary of the Executive Department under Governor Ellis Arnall; and
WHEREAS, after a two-year term as the state revenue commissioner, Governor Thompson was elected to this state's highest office in 1947; and
WHEREAS, during Governor Thompson's tenure as governor, the University of Georgia's veterinary medical school and the Georgia Institute of Technology's engineering building were constructed, educators received salary increases, and the state purchased Jekyll Island, which was turned into a successful, year-round public resort; and
WHEREAS, Governor Thompson was instrumental in the success of the City of Valdosta and Lowndes County, where his leadership as a founding member of the ValdostaLowndes County Industrial Authority spearheaded much of the urban development and planning for Valdosta and the surrounding areas, including the Azalea City Industrial Park; and
WHEREAS, a community leader and advocate, Governor Thompson served as chairman of the Education Committee for the Trade School Development Committee, president of the Valdosta Rotary Club, and a member of Kappa Phi Kappa, Kappa Delta Phi, WOW, Civitan, and Shriners; and

TUESDAY, MARCH 26, 2013

4051

WHEREAS, Governor Thompson was united in love and marriage to his wife, Ann Newton Thompson, and he was blessed with a remarkable son, Melvin Ernest Thompson, Jr., and five grandchildren; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory.
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, Sergeant John A. Franklin was born on January 25, 1942, and served as a guardian of this nation's freedom and liberty with the United States Army with C. Company 2nd Battalion, 501st Infantry, 101st Airborne Division; and
WHEREAS, a native of Rossville, Georgia, Sergeant Franklin gave the ultimate sacrifice on April 26, 1986, when he was killed in action in Thua Thien Province, South Vietnam; and
WHEREAS, Sergeant Franklin demonstrated a deep personal commitment to protecting democracy and gave the ultimate sacrifice to ensure the well-being of his fellow man; and
WHEREAS, it is important that fallen soldiers 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, Sergeant Franklin embodied the spirit of service and found meaning in something greater than himself, and it is abundantly fitting and proper that the sacrifice of this remarkable and distinguished American be honored appropriately.
PART VI WHEREAS, Mr. Fernando Joseph Torras was born in 1885 in Brunswick, Georgia, and during his lifetime he played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia and Glynn County; and
WHEREAS, Mr. Torras served as Brunswick's city manager and was the main engineer for the causeway that was completed in 1924 to connect Brunswick to St. Simons Island and Sea Island; and
WHEREAS, a graduate of the Georgia Institute of Technology, Mr. Torras built rail lines, bridges, and roads in the jungles of South America before tackling the causeway

4052

JOURNAL OF THE HOUSE

project which alleviated the need for an hour ferry ride to get to St. Simons from the mainland; and
WHEREAS, at a time when others thought the construction of a causeway was impossible, Mr. Torras had the foresight and experience to realize that the soft mud of the marsh beds could be dredged to make a stable roadbed; and
WHEREAS, the causeway was completed and open to vehicular traffic on June 26, 1924, after one year and one month of construction and was recognized as an engineering feat of history; and
WHEREAS, the building of the causeway was an entirely local project which was undertaken by the 25,000 people of Glynn County without state or federal aid; and
WHEREAS, during his role as city manager, Mr. Torras oversaw the development of the Howard Coffin Recreation Center, the Edo Miller Ball Park, numerous public boat marinas, and other developments within Brunswick; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory.
PART VII WHEREAS, during her lifetime, Mrs. Beulah Rucker Oliver demonstrated deep personal commitment to the welfare of the citizens of Georgia and made exceptional contributions to society; and
WHEREAS, Mrs. Rucker set an example for all women with her determination to make the world a better place; and
WHEREAS, in 1944, at the age of 56, Mrs. Rucker earned a degree from Savannah State College, while teaching public and private school, giving music lessons, and making and selling hats; and
WHEREAS, Mrs. Rucker opened The Industrial School in Hall County and later opened two schools in Gainesville, one of which was eventually merged with the City of Gainesville School District in the 1950s; and
WHEREAS, a dedicated educator and philanthropist, Mrs. Rucker was the first person to receive a Rosenwald Grant for her school, was the first woman to establish a school in Gainesville, and was the first person to start a Veterans Night School in this state; and

TUESDAY, MARCH 26, 2013

4053

WHEREAS, Mrs. Rucker dedicated her entire life to "Light a Torch of Instruction"; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of an intersection in her honor.
PART VIII WHEREAS, Mr. Felton L. Hudson was born on July 19, 1932, and during his lifetime he played a vital role in leadership and demonstrated a deep commitment to the education of Georgia's future leaders; and
WHEREAS, a native of Greensboro, Georgia, Mr. Hudson earned a bachelor's degree from Morehouse College and a master's degree from the University of Georgia; and
WHEREAS, he dedicated over 37 years to challenging students in the Greene County Public School System as an educator and served as president of his local chapter of the Georgia Association of Educators; and
WHEREAS, a man of deep and abiding faith, Mr. Hudson was a lifelong member of New Springfield Baptist Church, where he served as chairman of the board of deacons and taught adult Sunday school class for over three decades, and served as a lay leader in the Second Shiloh Baptist Association; and
WHEREAS, Mr. Hudson served as president of the Greene County Branch of the NAACP, was a 33rd degree Mason with the Prince Hall Lodge where he served as Worshipful Master, and was a member of the Rotary Club of Greene County; and
WHEREAS, he organized Citizens United for Children, a nonprofit organization devoted to assisting underprivileged children and exposing them to cultural activities; and
WHEREAS, his leadership was invaluable to numerous Greene County organizations, including the Greene County Civic Association, the Greene County Board of Education, and the Greene County Recreation Department; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming a road in his honor.
PART IX WHEREAS, Friendship Road in Hall County is being widened, and the project will include new realignment for the road; and
WHEREAS, three public hearings were held in the community to inform property owners along the new realignment project of the name proposal.

4054

JOURNAL OF THE HOUSE

PART X WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and
WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and
WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.
PART XI WHEREAS, Reverend Willie Anderson, Sr., was born on January 5, 1924, and during his lifetime, he played a vital role in leadership and demonstrated a deep commitment to the citizens of Georgia; and
WHEREAS, a native of Liberty County, Georgia, Reverend Anderson was educated in the Liberty County School System and served as a guardian of this nation's freedom and liberty with the United States Army during World War II; and
WHEREAS, he dedicated 32 years to Fort Stewart as a Class A Diesel Engine Mechanic and served as the first president of the Parent Teachers Association of Riceboro Elementary School; and
WHEREAS, a man of deep and abiding faith, Reverend Anderson pastored three churches during a span of 22 years, and he served as chairperson for the Georgia General Assembly of the Church of God; and
WHEREAS, Reverend Anderson served as president of the Liberty County NAACP for several years and was honored with the organization's Guiding Light Award in 1960; and

TUESDAY, MARCH 26, 2013

4055

WHEREAS, a community leader, Reverend Anderson served as a county commissioner for Liberty County and board member of the Coastal Georgia Area Community Action, Inc.; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming an interchange and bridge in his honor.
PART XII WHEREAS, the State of Georgia lost one if its finest citizens and most dedicated law enforcement officers with the tragic passing of Senior Patrol Officer Gail Denise Thomas on January 24, 2012, when she was killed by a drunk driver while responding to a traffic accident; and
WHEREAS, SPO Thomas was born on December 22, 1965, in Atlanta, Georgia, the beloved daughter of Juliet Mack Thomas and Early Thomas; and
WHEREAS, a graduate of Atlanta's S.H. Archer High School and Georgia Military College, SPO Thomas worked for the Atlanta Police Department as a 911 dispatch operator for five years before she attended the H.T. Jenkins Atlanta Police Academy, where she graduated among the top students in her class; and
WHEREAS, SPO Thomas served as a police officer in Atlanta's Zone 5 and was a dedicated member of the force's honor guard and Red Dog Unit prior to her appointment as a Senior Patrol Officer, where she served as a field training officer for new recruits; and
WHEREAS, she was an adoring mother to her daughter, Jasmine Jay Sherman, who made her proud each and every day; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of an interchange in her memory.
PART XIII WHEREAS, Mr. Ray Daugharty was born on June 8, 1902, and spent a majority of his life in Fargo, Georgia; and
WHEREAS, Mr. Daugharty worked in the forestry industry his entire life, and at one time, he and his brother were considered to be the largest producers of cypress crossties in the United States; and

4056

JOURNAL OF THE HOUSE

WHEREAS, in 1920, at the age of 18, while attempting to deliver a load of sugar to a local whiskey still, Mr. Daugherty's mules refused to cross a rickety bridge over a local creek; and
WHEREAS, Mr. Daugharty decided to detour through the creek, and his wagon flooded, dumping the 500 pounds of sugar into what is now known as Sweetwater Creek; and
WHEREAS, a respected citizen of Fargo, Mr. Daugharty was a county leader as a Clinch County Commissioner and was a faithful member of the local Methodist church; and
WHEREAS, he was a devoted husband to his wife, Wilma Ellington, and was a loving father to his children, Glenice Fogg, Willena Drewe, and George Ray Daugharty, Jr.; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of a bridge in his honor.
PART XIV WHEREAS, during his lifetime, Mr. John Charles Birdine, Jr., played a vital role in leadership and demonstrated that he was truly a man of great courage, determination, and passion; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States military, sustained disabling injuries after two tours of duty in Vietnam, and was recognized with the Bronze Star, the Purple Heart, and Vietnam service and campaign medals; and
WHEREAS, Mr. Birdine served with the National Black Men's Health Network, the Zoning Review Board of the City of Atlanta, the Price Economic Opportunity Atlanta, the Black Family Project, the Metro Atlanta Kwanza Committee, the Poole Creek Neighborhood Relocation Committee, and Foxhead Development Corporation; and
WHEREAS, his leadership and guidance were instrumental as chairman of Atlanta's Neighborhood Planning Unit Z and he was recognized with awards from the International Register of Profiles, the Martin Luther King, Jr., Center for Nonviolent Social Change, and Cleveland Elementary School; and
WHEREAS, a man of deep and abiding faith who was loyal to country and prideful of his African American heritage, Mr. Birdine was an active member of Travelers Rest Baptist Church, the Dodd-Sterling Methodist Church, the Neighborhood Justice Center, Gate City Heritage House, the Disabled American Veterans Association, the NAACP, and the Association for the Studies of Classical African Civilization; and

TUESDAY, MARCH 26, 2013

4057

WHEREAS, Mr. Birdine was largely responsible for the recovery and restoration of a slave graveyard containing approximately 300 to 400 unmarked graves directly under the Cleveland Avenue Bridge over Interstate 75 in Fulton County; and
WHEREAS, Mr. Birdine was the loving husband of Thelma Loretta L. Birdine, the proud father of five children, and a doting grandfather to ten grandchildren; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming a bridge in his honor.
PART XV WHEREAS, the Smoky Mountains are the most visited mountains in the United States; and
WHEREAS, Highway 411 is a historic and important road for commerce and is a major road for tourism; and
WHEREAS, Highway 411 takes drivers through picturesque communities and a friendly region that is the gateway to the Smoky Mountains.
PART XVI WHEREAS, Eurith Dickson "Ed" Rivers has long been recognized by the citizens of this state for the vital role he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Governor Rivers served in both chambers of the General Assembly, adeptly representing the interests of his constituents in Lanier County; and
WHEREAS, as a member of the Georgia State Senate, Governor Rivers demonstrated invaluable leadership and was elected to serve as President Pro Tempore by his colleagues; and
WHEREAS, he was elected Governor by the citizens of Georgia in 1936 and won reelection in 1939; and
WHEREAS, Governor Rivers served the State of Georgia with honor and distinction, 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 by naming a road in his memory.

4058

JOURNAL OF THE HOUSE

PART XVII WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and
WHEREAS, Mr. Jim McClelland, Sr., lived his entire life in Cook County, Georgia, and during his lifetime he demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the wellbeing of his fellow man; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States 31st Infantry Regiment during World War II; and
WHEREAS, in 1942, Mr. McClelland was taken captive by Japanese forces and held as a prisoner of war for three years, four months, and 19 days, surviving the Bataan Death March; and
WHEREAS, his leadership and guidance were invaluable to the citizens of Cook County as a member of the Lenox City Council for eight years; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming a bridge in his honor.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Ga. 52 in Lumpkin County from Ga. 115 to the Hall County line is dedicated as the Ralph A. Pierce Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Highway 19 and Cavender Creek Road in Lumpkin County is dedicated as the Judge William Jeffrey Lowe Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 29 over the train tracks near Roosevelt Highway and Welcome All Road in Fulton County is dedicated as the Dekai Amonrasi Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 in Lowndes County from the West Hill Avenue exit to the North Valdosta Road exit is dedicated as the Governor Melvin Ernest Thompson Memorial Highway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Dietz Road in Catoosa County is dedicated as the Sergeant John A. Franklin Memorial Intersection.

TUESDAY, MARCH 26, 2013

4059

BE IT FURTHER RESOLVED AND ENACTED that GA25-Spur E. from Brunswick to St. Simons Island in Glynn County is dedicated as the F.J. Torras Causeway.
BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 129 and Athens Street in Hall County is dedicated as the Beulah Rucker Oliver Memorial Intersection.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Veazey Road over Interstate 20 in Greene County is dedicated as the Felton L. Hudson Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 347 from Interstate 985 East to the Old Winder Highway is dedicated as the Lanier Islands Parkway.
BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring military veterans and dedicates the interchange of I-475 and Thomaston Road in MaconBibb County as Veterans of All Wars Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the interchange and bridge at Interstate 95 over U.S. Highway 17 at South New Port Road in Liberty County is dedicated as the Reverend Willie Anderson, Sr., Memorial Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 75 and Exit 251 in Fulton County is dedicated as the Senior Patrol Officer Gail Denise Thomas Memorial Interchange.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Ga. 177 over Sweetwater Creek between Fargo and Stephen Foster State Park in Clinch County is dedicated as the Ray Daugharty Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the bridge on Cleveland Avenue over Interstate 75 in Fulton County is dedicated as the John Charles Birdine, Jr., Memorial Bridge.
BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. 411 from Interstate 75 to the Murray County line is dedicated as the Pathway to the Smokies.
BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 122 in Lanier County that runs beside Banks Lake from the City of Lakeland to the Lowndes County line is dedicated as the Governor Eurith Dickson "Ed" Rivers Memorial Highway.

4060

JOURNAL OF THE HOUSE

BE IT FURTHER RESOLVED AND ENACTED that the bridge on County Road 246 Kinard Bridge Road over Interstate 75 in Cook County is dedicated as the Jim McClelland, Sr., POW Memorial Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the families of Mr. Ralph A. Pierce, Judge William Jeffrey Lowe, Mr. Dekai Amonrasi, Governor Melvin Ernest Thompson, Sergeant John A. Franklin, Mr. Fernando Joseph Torras, Mrs. Beulah Rucker Oliver, Mr. Felton L. Hudson, Reverend Willie Anderson, Sr., Senior Patrol Officer Gail Denise Thomas, Mr. Ray Daugharty, Mr. John Charles Birdine, Jr., Governor Eurith Dickson "Ed" Rivers, and Mr. Jim McClelland, Sr.

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 Abrams E Alexander Y Allison Y Anderson Y Atwood Y Ballinger N Barr Y Battles
Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson
Dickey Y Dickson Y Dollar Y Douglas E Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower Y Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley Y Jackson Y Jacobs Y Jasperse
Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold E Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall
Rice Y Riley Y Roberts

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch

TUESDAY, MARCH 26, 2013

4061

Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 169, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The following Resolutions of the House were read and adopted:

HR 873. By Representative Mitchell of the 88th:

A RESOLUTION honoring the life and work of Ms. Caroline Miller; and for other purposes.

HR 874. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Martin of the 49th, Ehrhart of the 36th and others:

A RESOLUTION recognizing and commending the University of Georgia women's swimming and diving team and Coach Jack Bauerle; and for other purposes.

HR 875. By Representatives Smith of the 70th and McCall of the 33rd:

A RESOLUTION recognizing and commending Dr. James E. "Jim" Kundell for his service to the State of Georgia; and for other purposes.

HR 876. By Representatives Sheldon of the 104th, Yates of the 73rd, Coomer of the 14th, Taylor of the 79th, Atwood of the 179th and others:

A RESOLUTION recognizing and commending Mr. Marvin Atherton on his outstanding public service; and for other purposes.

HR 877. By Representatives Evans of the 42nd, Jones of the 53rd and Wilkerson of the 38th:

4062

JOURNAL OF THE HOUSE

A RESOLUTION congratulating the International Association of Machinists and Aerospace Workers on the occasion of its 125th anniversary; and for other purposes.
HR 878. By Representatives Teasley of the 37th, Setzler of the 35th, Lindsey of the 54th, Chapman of the 167th and Clark of the 98th:
A RESOLUTION honoring the life and memory of Mr. Robert Deadwyler; and for other purposes.
HR 879. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Brianna Gray Taylor, Model High School's 2013 STAR Student; and for other purposes.
HR 880. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Donna Bojo, Unity Christian School's 2013 STAR Teacher; and for other purposes.
HR 881. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Zachary Aaron LeMaster, Unity Christian School's 2013 STAR Student; and for other purposes.
HR 882. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Emily Mowery, Armuchee High School's 2013 STAR Teacher; and for other purposes.
HR 883. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Philip Titus, Darlington School's 2013 STAR Teacher; and for other purposes.
HR 884. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:

TUESDAY, MARCH 26, 2013

4063

A RESOLUTION Recognizing and commending Mrs. Beth Bagby Smith; and for other purposes.
HR 885. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION recognizing and commending Mr. Robert Skelton as a recipient of a 2013 Heart of the Community Award of Honor; and for other purposes.
HR 886. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION recognizing and commending Jim and Bonnie Moore as the recipients of a 2013 Heart of the Community Award of Honor; and for other purposes.
HR 887. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION recognizing and commending Dr. Robert Hortman as the recipient of a 2013 Heart of the Community Award of Honor; and for other purposes.
HR 888. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION recognizing and commending Matt Davis; and for other purposes.
HR 889. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Grace Anne Josephine Greene, Darlington School's 2013 STAR Student; and for other purposes.
HR 890. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION recognizing and commending Anne Culpepper; and for other purposes.

4064

JOURNAL OF THE HOUSE

HR 891. By Representatives Taylor of the 79th, Knight of the 130th and Caldwell of the 131st:
A RESOLUTION recognizing and commending the Wildlife Club; and for other purposes.
HR 892. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Rebecca Mullenax, Coosa High School's 2013 STAR Student; and for other purposes.
HR 893. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Allison Goggans, Pepperell High School's 2013 STAR Teacher; and for other purposes.
HR 894. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Paige Reece, Model High School's 2013 STAR Teacher; and for other purposes.
HR 895. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Rick Riordan, Coosa High School's 2013 STAR Teacher; and for other purposes.
HR 896. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Juhi Upkar Varshney, Rome High School's 2013 STAR Student; and for other purposes.
HR 897. By Representatives Dempsey of the 13th, Coomer of the 14th and Lumsden of the 12th:
A RESOLUTION commending Mary Holcomb, Rome High School's 2013 STAR Teacher; and for other purposes.

TUESDAY, MARCH 26, 2013

4065

HR 898. By Representatives Smyre of the 135th, Hugley of the 136th, Buckner of the 137th, Smith of the 134th and Pezold of the 133rd:
A RESOLUTION congratulating and commending Mr. Tony Hodge; and for other purposes.
HR 899. By Representatives Smyre of the 135th, Wilkinson of the 52nd, Riley of the 50th, Alexander of the 66th, Abrams of the 89th and others:
A RESOLUTION recognizing and commending Ms. Ingrid Saunders Jones on the occasion of her retirement; and for other purposes.
HR 900. By Representatives Roberts of the 155th and Ralston of the 7th:
A RESOLUTION recognizing March 26, 2013, as Georgia Railroad Association Day at the state capitol; and for other purposes.
HR 901. By Representative Harden of the 148th:
A RESOLUTION congratulating Lizzie B. "Punch" Brown McAdoo upon the occasion of her 80th birthday; and for other purposes.
HR 902. By Representatives Thomas of the 56th, Brooks of the 55th and BeasleyTeague of the 65th:
A RESOLUTION honoring the life and memory of Mr. Robert L. Williams, Jr.; and for other purposes.
The Speaker Pro Tem announced the House in recess until 1:30 o'clock, this afternoon.

4066

JOURNAL OF THE HOUSE

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 the requisite constitutional majority the following bills of the House:
HB 380. By Representatives Riley of the 50th, Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor and funding agent of such plan; to provide for the administration of the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 435. By Representatives Willard of the 51st, Lindsey of the 54th, Jones of the 47th, Geisinger of the 48th, Martin of the 49th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3537), so as to change the compensation of the chief judge of the court; to provide for duties of the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 444. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Rice of the 95th and others:
A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007

TUESDAY, MARCH 26, 2013

4067

(Ga. L. 2007, p. 4092), so as to increase the amount of such supplement for the judges of the superior court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 528. By Representatives Yates of the 73rd, Mabra of the 63rd and Fludd of the 64th:
A BILL to be entitled an Act to authorize the governing authority of the City of Peachtree City 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 548. By Representatives Golick of the 40th, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th, Parsons of the 44th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to to change the description of the wards; to provide 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 561. By Representatives Nimmer of the 178th and Dutton of the 157th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to change the description of the election 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 575. By Representative Rice of the 95th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), so as to change certain provisions relating to the city's ability to enter into agreements with other governmental parties; to provide for the city's inclusion to the Gwinnett County Police Service District, the Gwinnett County Fire and

4068

JOURNAL OF THE HOUSE

Emergency Medical Service District, the Gwinnett County Recreation District, and the Gwinnett County Emergency 9-1-1 System at the conclusion of the city's transition period; to clarify the city's municipal elections through the transition period; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 584. By Representatives Rogers of the 10th, Hawkins of the 27th and Allison of the 8th:
A BILL to be entitled an Act to provide a new charter for the City of Cleveland; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 586. By Representatives Black of the 174th and Spencer of the 180th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Kingsland; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 589. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 590. By Representative Kelley 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, so as to revise the districts for the election of members of the Board of Education of Polk County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 26, 2013

4069

HB 591. By Representatives Glanton of the 75th, Stovall of the 74th, Waites of the 60th, Mabra of the 63rd and Scott of the 76th:
A BILL to be entitled an Act repealing an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3869); and for other purposes.
HB 593. By Representative Jackson of the 128th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for 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 594. By Representatives Martin of the 49th, Jones of the 47th, Lindsey of the 54th, Riley of the 50th, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to define certain terms; to provide that all future employees of Fulton County other than public safety employees shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes.
HB 598. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A BILL to be entitled an Act to provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; to repeal conflicting laws; and for other purposes.

4070

JOURNAL OF THE HOUSE

HB 603. By Representatives Evans of the 42nd, Ehrhart of the 36th, Wilkerson of the 38th, Parsons of the 44th, Bruce of the 61st and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3699), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 604. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), so as to provide for dates on which the governing authority of Fulton County may make or fix certain levies of ad valorem taxes; to provide for procedures related thereto; to cite a certain constitutional authorization; to repeal conflicting laws; and for other purposes.
HB 616. By Representative Morris of the 156th:
A BILL to be entitled an Act to provide a new charter for the City of Lyons to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 619. By Representatives Oliver of the 82nd, Holcomb of the 81st, Jacobs of the 80th, Taylor of the 79th, Drenner of the 85th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes.
HB 620. By Representatives Rice of the 95th, Marin of the 96th and Holcomb of the 81st:
A BILL to be entitled an Act to authorize the City of Peachtree Corners to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for related matters; to provide effective dates; to provide for

TUESDAY, MARCH 26, 2013

4071

automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 625. By Representatives Hitchens of the 161st and Burns of the 159th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005 (Ga. L. 2005, p. 3547), so as to provide that the corporate limits of such town shall include certain property; to repeal conflicting laws; and for other purposes.
HB 627. By Representatives Jones of the 47th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd, Dudgeon of the 25th and others:
A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to change a certain provision relating to the dissolution of the district; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 629. By Representatives Gregory of the 34th, Setzler of the 35th, Carson of the 46th, Cooper of the 43rd, Teasley of the 37th and others:
A BILL to be entitled an Act to provide a new charter for the City of Kennesaw; to provide for reincorporation; to provide for an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes.
HB 630. By Representative Kelley of the 16th:
A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652), so as to provide for districts; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 638. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Parsons of the 44th, Wilkerson of the 38th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3730), so as to provide for a supplement to be paid to each of the judges of the superior court of such circuit and an additional supplement for the chief judge of such

4072

JOURNAL OF THE HOUSE

circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 640. By Representative Dutton of the 157th:
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 28, 1985 (Ga. L. 1985, p. 4756), so as to change the description of the wards; to provide 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 641. By Representatives Parsons of the 44th, Cooper of the 43rd, Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd and others:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), so as to change the compensation of certain employees of such office; 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 642. By Representatives Jacobs of the 80th, Holcomb of the 81st and Oliver of the 82nd:
A BILL to be entitled an Act to amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; 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 House:

TUESDAY, MARCH 26, 2013

4073

HB 232. By Representatives Battles of the 15th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions in the Regents Retirement Plan, so as to change the level of employee participation; to repeal conflicting laws; and for other purposes.
HB 289. By Representatives Kelley of the 16th, Lindsey of the 54th and Willard of the 51st:
A BILL to be entitled an Act to amend Part 1 of Article 4A of Title 11 of the Official Code of Georgia Annotated, relating to subject matter and definitions relative to funds transfers, so as to clarify the relationship between certain provisions of the Uniform Commercial Code and federal law; to repeal conflicting laws; and for other purposes.
HB 437. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:
A BILL to be entitled an Act to provide for the selection of the chief judge of the Atlanta Judicial Circuit; to provide for terms; to provide for powers and duties; to repeal conflicting laws; and for other purposes.
HB 441. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others:
A BILL to be entitled an Act to provide for the administration of the budget of the Superior Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has disagreed to the House substitutes to the following bills of the Senate:
SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd and others:
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

4074

JOURNAL OF THE HOUSE

relating to personal service of a summons on a corporation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; 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 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others:

TUESDAY, MARCH 26, 2013

4075

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 407. By Representatives Powell of the 32nd, Hitchens of the 161st, Atwood of the 179th, Rice of the 95th and Taylor of the 173rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 207. By Representatives Shaw of the 176th, Roberts of the 155th, Tankersley of the 160th, Williams of the 168th, Nimmer of the 178th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, so as to provide a definition; to authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits for wildlife, so as to provide for an extended turkey season for young and mobility impaired hunters; 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 bill of the House:
HB 59. By Representatives Taylor of the 79th, Cooke of the 18th and Riley of the 50th:

4076

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement and firefighter resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 903. By Representative Glanton of the 75th:
A RESOLUTION commending the 3rd Battalion 320th Field Artillery Regiment, 3rd Brigade Combat Team, and 101st Airborne Division Air Assault and recognizing the leadership Lieutenant Colonel Shanon J. Mosakowski and Command Sergeant Major Roberto F. Robles; and for other purposes.
HR 904. By Representatives Abrams of the 89th, Frazier of the 126th, Jones of the 53rd and Beasley-Teague of the 65th:
A RESOLUTION congratulating the International Association of Machinists and Aerospace Workers on the occasion of its 125th anniversary; and for other purposes.
HR 905. By Representative Bryant of the 162nd:
A RESOLUTION recognizing and commending Mrs. Louise Baxter for her loyal and faithful service to Fairlawn Baptist Church and the Garden City community; and for other purposes.
HR 906. By Representatives Neal of the 2nd, Greene of the 151st, Kidd of the 145th, Cheokas of the 138th, Buckner of the 137th and others:
A RESOLUTION recognizing and commending Mr. Stan Cooper on the occasion of his retirement; and for other purposes.
HR 907. By Representatives Scott of the 76th, Stovall of the 74th, Douglas of the 78th and Glanton of the 75th:
A RESOLUTION commending Mr. Samuel Bryant, Morrow Middle School's 2012-2013 Teacher of the Year; and for other purposes.

TUESDAY, MARCH 26, 2013

4077

HR 908. By Representatives Martin of the 49th, Geisinger of the 48th, Ralston of the 7th, England of the 116th, Abrams of the 89th and others:
A RESOLUTION honoring the life and memory of Representative Clay Ford; and for other purposes.
HR 909. By Representatives Oliver of the 82nd, Holcomb of the 81st, Mosby of the 83rd, Henson of the 86th and Williams of the 87th:
A RESOLUTION recognizing and commending Chamblee Charter High School and Chamblee Middle School for their outstanding achievements in German language instruction and learning; and for other purposes.
HR 910. By Representative Lumsden of the 12th:
A RESOLUTION commending Joseph Eli Dutton, Chattooga High School's 2013 STAR Student; and for other purposes.
HR 911. By Representative Lumsden of the 12th:
A RESOLUTION commending Jacob Allen Reeves, Trion High School's 2013 STAR Student; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 115. By Representatives Dickson of the 6th, Lindsey of the 54th, Coleman of the 97th and Casas of the 107th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to revise provisions relating to suspension and removal of local school board members 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 Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise provisions relating to suspension and removal of local school board members upon potential loss of accreditation; to prohibit the use of public funds for litigation

4078

JOURNAL OF THE HOUSE

expenses relating to such removal proceedings; to provide for statutory construction; to provide for reimbursement of attorney's fees and related expenses under certain conditions; to provide for eligibility for HOPE scholarship for students attending schools which have lost accreditation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-73, relating to suspension and removal of local school board members under certain circumstances, as follows:
"20-2-73. (a)(1) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519, the local board of education shall notify the State Board of Education in writing within three business days of such placement and the State Board of Education shall conduct a hearing in not less than ten days of such notice nor more than 30 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. A majority of the members of a local board of education may petition the State Board of Education to continue any hearing scheduled under this subsection. Upon a showing of good cause, the state board may in its sound discretion continue any such hearing. Notwithstanding any other provision of law, deliberations held by the State Board of Education pursuant to this subsection to formulate its recommendation to the Governor shall not be open to the public; provided, however, that testimony shall be taken in an open meeting and a vote on the recommendation shall be taken in an open meeting following the hearing or at the next regularly scheduled meeting. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (2) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school has been placed on, as of April 20, 2011, the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and does not reattain full accreditation status by July 1, 2011, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his

TUESDAY, MARCH 26, 2013

4079

or her discretion, suspend all members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member. (c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member's continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain or reattain its accreditation. The appealing member shall be given at least 30 days' notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the agency, and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the local board of education member's continued service on the local board of education improves the ability of the local school system or school to retain or reattain its accreditation, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50. (d) Paragraph (1) of subsection Subsection (a) of this Code section shall apply to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after April 20, 2011. (e) This Code section shall apply to all local board of education members, regardless of when they were elected or appointed For purposes of this Code section, an eligible member of a local board of education shall mean a board member who was serving on the local board at the time the accrediting agency placed the local school system or school on the level of accreditation immediately preceding loss of accreditation. (f) A local board of education shall not expend any public funds for attorney's fees or expenses of litigation relating to proceedings initiated pursuant to this Code section except to the extent such fees and expenses are incurred prior to and through the recommendation of the state board as provided for in subsection (a) of this Code

4080

JOURNAL OF THE HOUSE

section; provided, however, that nothing in this subsection shall be construed to prohibit an insurance provider from covering attorney's fees or expenses of litigation under an insurance policy. (g) Any suspended board member who is reinstated by the Governor pursuant to this Code section may be reimbursed by the local board of education for his or her reasonable attorney's fees and related expenses incurred in pursuing such reinstatement."
SECTION 2. Said title is further amended in Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, by revising paragraph (6) as follows:
"(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Southern Association of Independent Schools; provided, however, that between July 1, 2013, and June 30, 2015, if a high school located in Georgia was accredited by one of the accrediting agencies included in this subparagraph within the previous two years, such high school shall be considered an eligible high school for purposes of this subparagraph; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Dickson of the 6th moved that the House agree to the Senate substitute to HB 115.

TUESDAY, MARCH 26, 2013

4081

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett
Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler
Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas Y Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans Y Fleming N Floyd N Fludd N Frazier N Frye
Fullerton Y Gardner Y Gasaway Y Geisinger N Glanton Y Golick N Gordon Y Gravley Y Greene Y Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower E Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston N Howard
Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan
Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight
Lindsey Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

Y McCall Y Meadows N Mitchell Y Morgan
Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. Y Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 122, nays 45.

The motion prevailed.

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 104. By Senators Ginn of the 47th, Jeffares of the 17th, Albers of the 56th, Carter of the 42nd, Miller of the 49th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community

4082

JOURNAL OF THE HOUSE

Affairs, so as to revise the minimum elements addressed and included in comprehensive plans of local governments; to remove the requirement for certain findings with regard to projects of regional importance or impact; to remove certain limitations on actions by counties or municipalities with regard to local plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Stephens of the 164th offers the following amendment:
Amend SB 104 (LC 28 6533) by inserting after "impact;" on line 4 "to provide for certain reports;" and by inserting after "commission." on line 67 "A report shall be prepared and submitted to the regional commission council, including potential impacts of the proposed development of regional impact. The report shall be made available to the local governments in the region and on the website of the regional commission."
The following amendment was read and ruled not germane:
Representative Welch of the 110th offers the following amendment:
Amend SB 104 (LC 28 6533) by replacing line 1 with the following: To amend Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, so as to provide that such notices shall specify the amount of damages sought; to provide for service of such notices; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the
By inserting between lines 8 and 9 the following: Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, is amended by revising subsection (a) and adding two new Code sections to read as follows:
"(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section." "(e) The description of the extent of the injury required in subsection (b) of this Code section shall include the specific amount of monetary damages being sought from the municipal corporation. The amount of monetary damages set forth in such claim shall constitute an offer of compromise. In the event such claim is not settled by the municipal corporation and the claimant litigates such claim, the amount of monetary damage set forth in such claim shall not be binding on the claimant. (f) A claim submitted under this Code section shall be served upon the mayor or the chairperson of the city council or city commission, as the case may be, by delivering

TUESDAY, MARCH 26, 2013

4083

the claim to such official personally or by certified mail or statutory overnight delivery."

SECTION 1A.

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 Abrams Y Alexander N Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman N Cooke

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower E Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, as amended, the ayes were 169, nays 7.

4084

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 242. By Senators Hill of the 6th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to powers of downtown development authorities generally, so as to provide that downtown development authorities may undertake projects regarding reducing energy or water consumption on property or installing an improvement to property that produces energy from renewable resources within the territorial boundaries of the municipality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Pursuant to Rule 133, Representative Quick of the 117th was excused from voting on SB 242.

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 Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley
Benton Y Beverly Y Black Y Braddock Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower E Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley
Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal
Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett
Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C

Y Sims, C Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M
Stephens, R Y Stephenson Y Stovall N Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon

TUESDAY, MARCH 26, 2013

4085

Y Casas Y Chandler Y Channell N Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene N Gregory

Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y Sharper Y Shaw
Sheldon Y Sims, B

Y Wilkerson Y Wilkinson Y Willard Y Williams, A
Williams, C Y Williams, E Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, the ayes were 165, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate action thereon:

HB 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others:

A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; 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 122 (LC 29 5438S) by inserting after the semicolon on line 8 the following: to amend Code Section 42-5-36 of the Official Code of Georgia Annotated, relating to confidentiality of information supplied by inmates and custodians of records of the department, so as to provide for confidentiality of records of the State Board of Pardons and Paroles; to provide for confidentiality of information relating to the execution of a death sentence;

By inserting between lines 47 and 48 the following:

4086

JOURNAL OF THE HOUSE

SECTION 1A. Code Section 42-5-36, relating to confidentiality of information supplied by inmates and custodians of records of the department, is amended by designating subsection (d) as subsection (e) and by adding a new subsection (d) to read as follows:
"(d)(1) As used in this subsection, the term 'identifying information' means any records or information that reveals a name, residential or business address, residential or business telephone number, day and month of birth, social security number, or professional qualifications. (2) The identifying information of any person or entity who participates in or administers the execution of a death sentence and the identifying information of any person or entity that manufactures, supplies, compounds, or prescribes the drugs, medical supplies, or medical equipment utilized in the execution of a death sentence shall be confidential and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50 or under judicial process. Such information shall be classified as a confidential state secret."

Representative Tanner of the 9th moved that the House agree to the Senate amendment to HB 122.

On the motion, the roll call was ordered and the vote was as follows:

N Abrams N Alexander Y Allison N Anderson Y Atwood Y Ballinger Y Barr Y Battles N Beasley-Teague N Bell N Bennett N Bentley Y Benton N Beverly Y Black Y Braddock Y Broadrick Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell

Y Coomer Y Cooper N Dawkins-Haigler Y Deffenbaugh Y Dempsey N Dickerson Y Dickey Y Dickson Y Dollar N Douglas N Drenner Y Dudgeon N Dukes E Dunahoo Y Duncan Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans Y Fleming N Floyd N Fludd N Frazier N Frye N Fullerton N Gardner Y Gasaway Y Geisinger

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins N Henson Y Hightower E Hill Y Hitchens N Holcomb Y Holmes Y Holt Y Houston N Howard N Hugley N Jackson Y Jacobs Y Jasperse Y Jones, J N Jones, L N Jones, S N Jordan N Kaiser Y Kelley N Kendrick Y Kidd Y Kirby Y Knight Y Lindsey

Y McCall Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey N Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y Rynders

Y Sims, C N Smith, E Y Smith, L N Smith, M Y Smith, R N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson N Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner Y Taylor, D Y Taylor, T Y Teasley N Thomas, A.M. N Thomas, B Y Turner N Waites Y Watson, B Y Watson, S Y Welch N Weldon N Wilkerson Y Wilkinson Y Willard

TUESDAY, MARCH 26, 2013

4087

Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

N Glanton Y Golick N Gordon Y Gravley Y Greene N Gregory

Y Lumsden N Mabra N Marin Y Martin Y Maxwell N Mayo

N Scott Y Setzler N Sharper Y Shaw Y Sheldon Y Sims, B

N Williams, A Y Williams, C N Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 117, nays 60.

The motion prevailed.

HB 131. By Representatives Clark of the 101st, Coleman of the 97th, Kaiser of the 59th, Jones of the 47th, Taylor of the 173rd and others:

A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; 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 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, is amended by revising Code Section 20-2-157, relating to uniform reporting system for certain purposes and academic eligibility requirements to receive HOPE scholarship, as follows:
"20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking educational

4088

JOURNAL OF THE HOUSE

scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (a.1) As used in this Code section, the term 'dual credit course' shall have the same meaning as in Code Section 20-2-159.5. (b) Each school system and private school shall adopt the reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(1) Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, except as otherwise provided in paragraph (3.1) of this subsection, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows:
(A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement, a dual credit course, or international baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission in calculating the overall grade point averages for students,

TUESDAY, MARCH 26, 2013

4089

provided that the weighting of such course grades is uniformly applied to all students in the this state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; (3.1) For students otherwise qualified and enrolling in the ninth grade for the first time during the 2008-2009 school year and thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section by equating each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language during the student's ninth, tenth, eleventh, or twelfth grade year to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement, a dual credit course, or international baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the this state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; and (4) Qualification for the HOPE scholarship shall be determined from the grade point average calculated either as set out in paragraph (3) of this subsection or as set out in paragraph (3.1) of this subsection for students enrolling in the ninth grade for the first time in a Georgia public school during the 2008-2009 school year and thereafter. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. For students enrolling in the ninth grade for the first time in a Georgia public school during the 2008-2009 school year and thereafter, such students with grade point averages equal to or in excess of 3.0 on a 4.0 scale shall meet achievement standards for the HOPE scholarship. This paragraph shall apply regardless of when a student graduated from high school and regardless of such student's eligibility status prior to May 1, 2007. (c)(1) Beginning with the school year beginning after May 1, 2011, each school system and private school shall adopt the reporting system described in this subsection for purposes of determining potential eligibility for freshman, sophomore, and junior high school students for the HOPE scholarship program and other programs identified in this Code section. (2) Each school system and private school shall transmit to the Georgia Student Finance Commission, in such manner and at such times as the commission may prescribe, an electronic transcript of courses and course grades for each freshman, sophomore, and junior high school student that reflects the complete high school academic record of the student, including scores on any state tests required for

4090

JOURNAL OF THE HOUSE

graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for potential HOPE scholarship eligibility shall be the actual grade earned by the student with no weighting or addition of points by the school system or private school. (3) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their potential eligibility and high schools as to the potential eligibility of students. (d) Beginning with students graduating from high school on or after May 1, 2015, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least two courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection. (e) Beginning with students graduating from high school on or after May 1, 2016, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least three courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core courses subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses.

TUESDAY, MARCH 26, 2013

4091

Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection. (f) Beginning with students graduating from high school on or after May 1, 2017, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least four courses prior to graduating from high school from the following categories:
(1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core courses subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Clark of the 101st moved that the House agree to the Senate substitute to HB 131.

On the motion, the roll call was ordered and the vote was as follows:

Y Abrams Y Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y Battles Y Beasley-Teague Y Bell Y Bennett Y Bentley Y Benton Y Beverly Y Black Y Braddock

Y Coomer Y Cooper Y Dawkins-Haigler Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Duncan Y Dutton

Y Hamilton Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y Hightower E Hill Y Hitchens Y Holcomb Y Holmes Y Holt Y Houston Y Howard Y Hugley

Y McCall Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y Peake

Y Sims, C N Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y Strickland Y Talton Y Tankersley Y Tanner

4092

JOURNAL OF THE HOUSE

Y Broadrick Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Carson Y Carter Y Casas Y Chandler Y Channell Y Chapman Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Cooke

Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Fleming Y Floyd Y Fludd Y Frazier Y Frye Y Fullerton
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley Y Greene Y Gregory

Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, L Y Jones, S Y Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y Knight Y Lindsey Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell Y Mayo

Y Pezold Y Powell, A Y Powell, J Y Pruett Y Quick Y Ramsey Y Randall Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rutledge
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sheldon Y Sims, B

Y Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, B Y Turner Y Waites Y Watson, B Y Watson, S Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 174, nays 1.

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 475. By Representatives Pak of the 108th, Ramsey of the 72nd, Rice of the 95th, Stephens of the 164th, Powell of the 32nd and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the commissioner of driver services to enter into reciprocal agreements on behalf of Georgia for the recognition of drivers' licenses issued by foreign territories; to provide for related matters; 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:

TUESDAY, MARCH 26, 2013

4093

HB 197. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Peake of the 141st, Black of the 174th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for taxation of land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for a revision of the requirements for land that is classified as bona fide conservation use property; to provide for changes to requirements for land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in paragraph (1) of subsection (a) of Code Section 48-57.4, relating to bona fide conservation use property, by deleting "and" at the end of division (v) of subparagraph (D), by replacing "or" with "and" at the end of division (iv) of subparagraph (E), and by adding a new subparagraph to read as follows:
"(F) The primary purpose described in this paragraph includes land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain; or"

4094

JOURNAL OF THE HOUSE

SECTION 2. Said chapter is further amended by revising subsections (b), (c), (f), (i), (j), and (m) of Code Section 48-5-7.7, relating to the "Georgia Forest Land Protection Act of 2008," as follows:
"(b) As used in this Code section, the term: (1) 'Contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (2) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence and its underlying land located on the property; as used in this subparagraph, the term 'underlying land' means the minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. This provision for excluding the underlying land of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to such a covenant, or is subject to a renewal of a previous conservation use covenant, on or after January 1, 2014; (C) Such property has as its primary use the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land. Such primary use includes land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain. Such property may, in addition, have one or more of the following secondary uses: (i) The promotion, preservation, or management of wildlife habitat; (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services, such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but is not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program, such as the Sustainable Forestry Initiative, Forest Stewardship

TUESDAY, MARCH 26, 2013

4095

Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the State Forestry Commission. (3) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (4) 'Qualified property' means forest land conservation use property as defined in this subsection. (5) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (2) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant unless otherwise required under subsection (e) of this Code section; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation